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HomeMy WebLinkAboutHoualla Enterprises Ltd. dba Metro Builders and Engineers Group, Ltd. - 2008-01-07FROM: Duane D. Wentworth, Contract Administrator DATE: February 8, 2010 SUBJECT: Retention Release Payment Company Name: Metro Builders and Engineers Group, Ltd. Address: 2610 Avon Street City, State and Zip Code: Newport Beach, CA 92663 Phone Number: (949) 515-4350 Business License Number:A 161662 Local Address: N/A Notice of Completion. Date: December 24, 2009 Contract Purpose: Retention Release for Cash Contract 1306, City Hall Seismic Project The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file Z116 Date H subi.,ct at this time. Hopkins, I certify that there are no outstanding invoices on file. ; -, /6—) 0 Date hari F r4/ c Works Director rich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. Ig Y ho WLL 1306 Retention Release Memo 2/8/2010 3:16:00 PM MAINTENANCE BOND Bond No. 58647881 KNOW ALL PERSONS BY THESE PRESENTS, That we Metro Builders & Engineers Group Ltd. of 2610 Avon Street Ste A, Newport Beach, CA 92663 hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto the City of Huntington Beach of 2000 Main Street, Huntington Beach, CA 92648 hereinafter referred to as the Obligee, in the sum of Five Million Nine Hundred Four Thousand EiQht Hundred Thirty -Eight and_No/100ths Dollars ($ 5,904,838.00 ), for the payment of which we bind ourselves, our legal r presentatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a contract with the City of --- -- --- - - ----- - -- - - --- — --- ate , for City Ha11 Seismic Upgrade Cash Contract - 1306 WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of One Year ( 1 ) year(s) after approval of the final estimate on said job, by the owner, against all defects in workmanship and materials which may become apparent during said period, and WHEREAS, the said contract has been completed, and was approved on December 9th , 2009 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of One Year (1 ) year(s) from and after --December 9th2009 _ then this obligation shall be void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 5th AP D AS TO FO ; J IFE MCGRATH, Ci tttorne -2l f// b Form F4591 day of February.., 2010 _. Metro Builders & Engi efs Group, Ltd. (Principal) By (Seal) oua o a, rest ent Western Su ty Company {S Very By (Seal) ?*The4odorge, Attorney-ln-Fact Attorney -in -Fact Western Surety Company i POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jeffrey W Cavignae, .lames P Schabarum II, .Tanis Theodore, MVI Little, Individually of San Diego, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 5th day of January, 2010. ,suRET WESTERN SURETY COMPANY W4pVOggr� D 'zI ITN OP�O, - Paul 4f. Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 5th day of January, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say that he resides in the City of Sioux Falls, State of South Dakota, that he is the Senior Vice President of WESTERN SURETY, COMPANY described in and which executed the above instrument-, that he knows the seal of said corporation-, that the seal affixed to the said instrument is such corporate seal-, that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority. and acknowledges same to be the act and deed of said corporation. Mycommission expires t'`'`" ''`'`''` ''`''' ""' ''''+ f D. KRELL J November 30, 2012 i SEnL NOTARY PUBLIC SE L s SOUTH DAKOTA s +tiaatitis55s5titisas5•,5y5ti�.ti + CERTIFICATE X X D. Krell, No ary Public 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 5th day of February 2010 i iauR�r"y �, .=--���-�-.._�--: WESTERN SURETY COMPANY N A L. Nelson, Assistant Secretary Form F4280-09-06 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego On February 5th, 2010 before me, Kelly Weaver, Notary Public Date Here Insert Name and Title of the Officer personally appeared Janis Theodore Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person( whose name(* is/ subscribed to the within instrument and acknowledged to me thatite/she/#4y executed the same in+1' her/*teir authorized capacity("), and that bytris/herAIw,4 signature( on the instrument the personH, or the entity upon behalf of which the persons) 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 mAnand al I. Signature c OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this farm to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Off icerTitle(s): ❑ Partner — ❑ Limited ❑ General IKI Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating TO: Sh Freidenrich, City Treasurer FROM: DATE: O7�lcl--,��6)110 SUBJECT: Bond Acceptance 1 have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. 12:30-46 MSC No. (i.vilipwly Ivanic/ Vo t Approved Z —Agenda Item No (Council Approval Date) City Clerk Vault No. #27 g1followup/bondletter.doc PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 Recoided in Official Records, Orange County Tole Da1y, Clerk -Recorder liil 111i Hill III!II1!l lI'II!!iillill!illliilll!lilllll!IIII NO FEE 70090006 2211 3:17 prn 12/24/09 276 418 N12 1 000 0.00 0.00 0.00 0.00 0.00 0.00.00 TiT'LE GF-66CirMENT: 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 Metro Builders and Engineers Group, LTD who was the company thereon for doing the following work to -wit: CITY HALL SEISMIC RETROFIT PROJECT, CC# 1306 That said work was completed December 9, 2009 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on December 9, 2009, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Western Surety Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this December 15, 2009. Director of Pu is Works or City Engineer City of Huntirlgton Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under.penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this December 15, 2009. er Direcor of Pu lic or City Engineer City of Hunti tonBeach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 001.059-TITLE PAGE (R7195) 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: 1306 Project: City Mall Seismic Retrofit The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title W of the Civil Rights Act, the Equal Opportunity Act of 1972 and executive Order 11246, and has not discriminated against g y employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishment on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this ZI 2 �'kday of VA?, 2010 at Newport Beach - California. Namaf Fouad Houalla Title: President Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street PO Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: 1306 Project: City Hall Seismic Retrofit Project. The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day 17of F-U h-gy , 20 10 , at Newport Beach, California. Name: F96ad Houalla Title: President CONTRACTOR'S CERTIFICATE I, Fouad Houalla state and certify that: 1. Metro Builders & Engineers Group, Ltd. is the general contractor to the City of Huntington Beach ("City") on Contract No. 1306 (the "Contract") for the construction of the public work of improvement entitled: City Fall Seismic Retrofit (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): NONE 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/ or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): NONE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at N/e ort Beach on this day of g. , 2010 Nam iiFouad Houalla : President CONSENT OF SURETY TO FINAL PAYMENT Conforms with the American Institute of Architects, AIA Document G707 TO OWNER: (Name and address) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 PROJECT: (,'Jame and address) City Hall Seismic Upgrade Project Cash Contract - 1306 Huntington Beach, CA OWNER. ARCHITECT CONTRACTOR SURETY Bond No.: 58647881 OTHER ARCHITECT'S PROJECT NO.: N/A CONTRACT FOR: City Hall Seismic Upgrade Project Cash Contract - 1306 CONTRACT DATED: a 6. o a In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (insert name and address of'Suro ) Western Surety Company 1455 Frazee Road, Suite 801 San Diego, CA 92108 ,SURETY, on bond of (Insert name and address of Conrractor) Metro Builders & Engineers Group, Ltd. 2610 Avon Street Ste A Newport Beach, CA 92663 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address olOwner) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 , OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: February 5th, 2010 (In,seri in writing the month followed by the numeric date and year.) Western Surety Company (Sure Q Attest: (Si gnat re of authorized representative) Janis Theodore, Attorney -In -Fact (Printed name and title) S-2134/GE 10/01 XDP Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Jeffrey W Cavignac, James P Schabarum II, Janis 'Theodore, M Little, Individually of San Diego, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 5th day of January, 2010. S�aEr WESTERN SURETY COMPANY cr.POR x,ei -W�CIO jai =_ SE Ab f<� Paul 4rBruflat, Senior Vice President State of South Dakota 1 Jl County of Minnehaha ss On this 5th day of January, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +SSSStisSS'`'`'`'`'`''`' "'`'''`'`'' + r D. KRELL r November 30, 2012 i s At NOTARY PUBLICS i J�SOUTH DAKOTA�f +SSSSSSSSSSSSSSSSSSSSSSS+ CERTIFICATE AJ-4 D. Krell, No ary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 5th day of February , 2010 . WESTERN SURETY COMPANY _N'4CP 4r�l y a; S`CAV fq�= r� L. Nelson, Assistant Secretary Fonn F4280-09-06 v CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of San Diego } On February 5th, 2010 before me, Kelly Weaver, Notary Public Date Here Insert Name and Title of the Officer personally appeared Janis Theodore Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e4 whose name(-} is/era subscribed to the within instrument and acknowledged to me that*e/she/##ay executed the same in+ri�her/Ow* authorized capacity(), and that by+ris/herAhe#r signatures) on the instrument the KEtLY WEAVER ER person(*, or the entity upon behalf of which the person(* �'"' ��� #1 a4 acted, executed the instrument. 4 ® NOTARY PUBLIC-CALIFORNIA to U COUP, 0 1 certify under PENALTY OF PERJURY under the laws of �SYANNDDIE Expire a the State of California that the foregoing paragraph is true AUGUST 1 2013 1 and correct. Witness my ha d official se Signature Place Notary Seal Above Signat re r Notary Public p� q OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner — ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s)— ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here RECEIVED BY: (Name) tiyJ ;?, (Date) TO: Shad F *denrich, City Treasurer FROM: -- /' LZ DATE: /� % /�'�%LJ 7 SUBJECT: Bond Acceptance I have received the bonds for / ' //--- Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved/ ­ 7 - j,,� (Council Approval Date) (Company Name) Z_/ 7 Agenda Item No. City Clerk Vault No. CITY.CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating 7S #27 g1followup/bondletter.doc P �uUU1 - z STATUS: HALL SEISMIC UPGRADE 1 Co'19I-P2u�-��cq-� f' y4vla� .S� t _ Y Y' June'08 Project Stopped 77 w a f sc Alm �tn.. k x' t y4 a k, I a .R 3 B !� A r 4 Time: 8 — 9 Month Project Extension (still being negotiated) Costs: Containment $51,000 Contractor Overhead $365,000 Clean-up Work $479,000 DTSC (State) $60,000 City Consultant (Over site, testing & reporting to DTSC) $375,000 IDS Group (Construction Management) $120,000 $1,450,000 Total Costs Base Design & Soft Costs $ 1,100,000 Base Construction $ 5,900,000 Approved Change Order Non-Haz $ 100,000 Hazardous Material $ 1,460,000 Total $ 8,650,000 Contingency for remaining Project $ 100,000 Outstanding Claims $ 220,000 $ 8,870,000 Redevelopment Agency Funding $ 5,270,000 FEMA Grant $ 3,000,000 Option A Short Fall $ 600,000 Option B Short Fall $ 305,000 * * Agency Funding 7 Construction Laborers Trust Funds for Southern California Administrative Company, LLC. COLLECTION OFFICE September 22, 2008 City Clerk City of Huntington Beach 3 2000 Main St. can Huntington Beach, CA 92648-2702 T .: ry c-n st Re: Sub -Contractor: Avis Construction, Inc.'' Project Name: City Hall Seismic Upgrades :� I Contract No.: 1306 " w Period: Inception to Present Gentlemen: This is to inform you that Avis Construction, Inc., your subcontractor on the above referenced work of improvement, has failed to pay fringe benefit contributions on his laborer employees as required under the terms of the Laborers Collective Bargaining Agreement to which Avis Construction, Inc. is signatory. In light of this situation, we hereby request copies of all certified payroll that Avis Construction, Inc. has submitted pursuant to Section 1776 of the California Labor Code. Once this information is received, we will be able to determine if any contributions accrued on your project remain unpaid and if so, the amount. If you have any questions in this regard, please contact us. Otherwise, we shall expect the payroll within ten (10) days after your receipt of this request as required by section 1776 of the California Labor Code. Sincerely, CONSTRUCTION LABORERS TRUST FUNDS FOR SOUTHERN CALIFORNIA ADMINISTRATIVE COMPANY, LLC Wendy Zaldivar Field Representative /aw cc: Sergio Garcia, Business Manager, Laborers Local Union 300 Richard Quevedo, Executive Director 4401 Santa Anita Avenue, Suite 210 • El Monte, California 91731 • Telephone (626) 258-9044 • Fax (626) 258-9094 • www.cltf.com . 2. RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to eaa* City Clerk's Office (Name) after signing/dating (Date) J. CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. 3/ MSC No. Approved / I /(� (Cdunc# Approval Date) (Company Name) 6 f—J A k9 I Agenda Item No. City Clerk Vault No. #27 g1followup/bondletter.doc Council/Agency Meeting Held: 15 D Deferred/Continued to: AAp ro ed ❑Conditionally Approv ❑ enied �gQ City rk's ignat r N a Council Meeting Date: 1/07/08 Department Number: PW 07-073 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION SUBMITTED TO: HONORABLE MAYOR/CHAIRMAN AND CITY COUN MEMBERS/REDEVELOPMENT AGENCY MEMBE S SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATO �..-- PREPARED BY: ROSS CRANMER, DIRECTOR OF BUILDING AND SAFETY TRAVIS K. HOPKINS, PE, DIRECTOR OF PUBLIC WORK STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC, DEVELOPMENT/DEPUTY EXECUTIVE DIRECTOR SUBJECT: Award Construction Contract and Additional Funding for City Hall Seismic Upgrade, CC-1306 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On November 6, 2007, bids were opened for the City Hall Seismic Upgrade Project, CC-1306. Staff requests that City Council award the contract to Houalla Enterprises Ltd. dba Metro Builders & Engineers Group Ltd, the lowest responsive and responsible bidder. Three bid options are presented. To proceed, additional funding will need to be appropriated. Funding Source: The project is funded by a $3 million grant from FEMA and $4 million appropriation from the Redevelopment Agency. The entire $7 million has been placed into account No. 81655101.82200. Additional needed funds and sources are defined in the optional motions. Recommended Action: Approve one of the construction options below: A. Base Bid Option: City Council Action: Motion to: 1. Approve the project plans and specifications for the City Hall Seismic Upgrade Project, CC-1306; 2. Accept the lowest responsive and responsible bid submitted by Houalla Enterprises Ltd. dba Metro Builders & Engineers Group Ltd, in the amount of $5,471,778; 3. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney ; 4. Authorize the Director of Public Works to approve up to twenty percent (20%) in construction change orders REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION MEETING DATE: 1/07/08 DEPARTMENT ID NUMBER: PW 07-073 Redevelopment Agency Action: Motion to: 1. Approve the appropriation of $685,000 redirected funds from CIP Project Downtown Street Improvements, 30590006.82300 and $63,602 from the Unappropriated Agency Fund Balance, Fund 305, into the project account. B. Base Bid plus Architectural Cladding Option: City Council Action: Motion to: 1. Approve the project plans and specifications for the City Hall Seismic Upgrade Project, CC-1306 ; 2. Accept the lowest responsive and responsible bid submitted by Houalla Enterprises Ltd. dba Metro Builders & Engineers Group Ltd, in the amount of $5,471,778 plus Additive Bid Item AD #1 for the additional amount of $295,000 for a total contract amount of $5,766,778 ; 3. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney ; 4. Authorize the Director of Public Works to approve up to twenty percent (20%) in construction change orders ; and Redevelopment Agency Action: Motion to: 1. Approve the appropriation of $685,000 redirected funds from CIP Project Downtown Street Improvements, 30590006.82300 and $417,602 from the Unappropriated Agency Fund Balance, Fund 305, into the project account. C. Base Bid plus Architectural Cladding plus Plaza Extension Option: City Council Action: Motion to: 1. Approve the project plans and specifications for the City Hall Seismic Upgrade Project, CC-1306 ; 2. Accept the lowest responsive and responsible bid submitted by Houalla Enterprises Ltd. dba Metro Builders & Engineers Group Ltd, in the amount of $5,471,778 plus Additive Bid Items AD #1 and AD #2 for a total contract amount of $5,904,838 ; 3. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney ; 4. Authorize the Director of Public Works to approve up to twenty percent (20%) in construction change orders ; and Redevelopment Agency Action: Motion to: 1. Approve the appropriation of $685,000 redirected funds from CIP Project Downtown Street Improvements, 30590006.82300 and $583,274 from the Unappropriated Agency Fund Balance, Fund 305, into the project account. -2- 12/13/2007 6:33 PM REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION MEETING DATE: 1/07/08 DEPARTMENT ID NUMBER: PW 07-073 Alternative Action(s): Reject all bids, and provide staff with an alternative direction. Analysis: The existing six -story City Hall Administration Building is of early 1970s reinforced concrete moment frame construction. Modern seismic analysis has determined that the building is in need of a substantial structural upgrade in order to bring it in line with FEMA minimum life safety standards. This project was originally bid on June 12, 2007. All of the bids substantially exceeded the budgeted funds. With the lowest responsible bidder the total project cost was nearly $2.5 million over budget, or about $9.5 million. At the direction of the City Council, all bids were rejected and staff was directed to modify the plans to reduce costs and re -bid the project. The project was modified to reduce site constraints and reduce some structural elements, while still meeting minimum FEMA standards. New bid submittals were requested. Bids were opened on November 6, 2007 and are listed in ascending order: Bidder Submitted Bid 1. Metro Builders and Engineers Group, LTD $5,471,778 2. T. B. Penick & Sons, Inc. $5,636,000 3. Gonzales Construction, Inc. $5,912,221 The lowest bidder was Metro Builders and through an extensive review it was determined that the company met the bid requirements and the reference checks provided acceptable responses from past clients. The bids in the second bid process were substantially lower than those received on June 12, 2007, but additional funding still is necessary to proceed. The amount of additional funding and the savings over the first bid process varies dependent upon the options selected. With all the design costs, construction cost, contingency and supplemental expenses, the full project cost is estimated to be from $7,748,602 to $8,268,274, dependent upon the addition of alternate bid items. The project cost includes a 20% contingency due to the complexity of this project and the concern we may have to authorize overtime in order to manage the construction noise during working hours. This range of project cost represents a $1.3 million to $1.8 million savings over the June bid, which had a total cost of approximately $9.5 million. In the revised bid process, the minimum work needed to accomplish the seismic retrofit was separated. This amount of work is identified as the Base Bid and became the basis for the bid award. To allow for more options and a successful project, two alternate additions were requested to be bid. Additive AD#1 is for the architectural cladding to primarily cover the braces and some of the concrete to blend the architectural elements. Additive AD #2 will modify the plaza level to make use of the stairs on the south side of the building more logical and aesthetic. Any of the presented options, A, B or C, will accomplish the minimum -3- 12/13/2007 6:33 PM REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION MEETING DATE: 1/07/08 DEPARTMENT ID NUMBER: PW 07-073 safety standards established by FEMA. The soft cost, or supplemental expense, for each option is the same at $1,151,316. A cost summary of the options is included as Attachment #1. The three options are as follows: Option A: Base Bid Option, includes only those items that are necessary for the seismic retrofit and the braces will remain exposed. The bid of $5,471,778 plus 20% contingency and $31,152 to move a tile mural, places this option at a total cost of $7,748,602. This option requires $748,602 additional funding. Option B: Base Bid Option plus AD #1 The bid of $5,766,778 plus 20% contingency and $31,152 to move a tile mural, places this option at a total cost of $8,102,602. This option requires $1,102,602 additional funding. The architectural cladding alone has a net cost of $354,000. Option C: Base Bid Option plus AD#1 and AD #2 The Plaza extension is simply to make the stairway work better after the South face bracing is added. The plaza extension alone has a net cost of $165,672. The bid of $5,904,838 plus 20% contingency and $31,152 to move the tile mural, places this option at a total cost of $8,268,274. This option which is the complete project as originally approved requires $1,268,274 additional funding. Additional funding Information: The Redevelopment Agency (Agency) negotiated a participation payment agreement with the developer of the Hyatt Residential component, which generated one-time revenue to the Agency based upon sales of Sea Colony and Sea Cove homes. Per California Redevelopment Law, this revenue can only be used for projects within the Redevelopment Project Area or which will benefit the Redevelopment Project Area. Seismic strengthening of the City Hall Administration Building meets all eligibility criteria. California Health and Safety Code Section 33445 requires that, with the consent of the City Council and the Agency Members, the Agency may pay all or part of the cost of installation and construction of any publicly owned facility either within or outside a project area. The Agency's agreement to pay the balance of the costs for the project constitutes indebtedness to the Agency for the purpose of carrying out the redevelopment of Project Areas. The appropriate resolutions and findings were adopted by Council under Resolution No. 2005-77 and the Redevelopment Agency by Resolution No. 356. Both documents are in Attachment 2. The redevelopment funds for this project are available from a combination of two sources. First, the project for Downtown Pedestrian/Alley Improvements has a savings of $685,000 from the programmed amount of $2.5 million. Secondly, the Agency has $1 million in the Waterfront Participation Payments that has not been programmed. The total available from these sources is $1,685,000 which would be adequate to finance any of the three options. -4- 12/13/2007 6:33 PM REQUEST FOR COUNCIL/REDEVELOPMENT AGENCY ACTION MEETING DATE: 1/07/08 DEPARTMENT ID NUMBER: PW 07-073 Strategic Plan Goal: C-2 Provide quality public service with the highest professional standards to meet community expectations and needs, assuring that the City is sufficiently staffed and equipped overall. 1 -1 Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. Public Works Commission Action: The Public Works Commission recommended this project at the April 18, 2007 meeting with a vote of 6-0 (Rivera absent). Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15303 (c). Attachment(s): Pa,giD N.UaiborNo, 1 ® o Cost Summary of Proposed Options City Hall Seismic Upgrade 2 Resolution No. 2005-77 and Redevelopment Agency Resolution No. 356. 3 Fiscal Impact Statement Redevelopment Agency 4 Power Point Presentation -5- 12/13/2007 6:43 PM ATTACHMENT ProposedCost Summary of City Hall Seismic Upgrade Soft Costs Design Engineer and Arch. --Approved Contract G eotech--Ap proved Contract Peer Review --Approved Contract PM/CM--Approved Const. Manag. Contract Printing -incurred bidding cost Labor Compliance Interviews Deputy Inspection/Material Testing Misc Costs (move staff, environmental testing) Sub Total Option A Option B Base Base+Arch'I $ 618,500 $ 30,677 $ 30,609 $ 268,530 $ 20,000 $ 15,000 est. $ 100,000 est. $ 68,000 est. $ 1,151,316 $ 1,151,316 $ Option C Base+Arch'I+Plaza 1,151,316 Construction Costs _ d ::� .I: n - -, ;I :� ;, °,o ,I, ic, ys o,,, !h., t ?i��.,: 6�!! -r -: - d. tr .,.0 NOSY, 1:;,' '76 _'?' i rrk ttl ::. «o . u, s t _ r � � 04, �° f, � , _ , 7�' = �r : Contingency 20% $ 1,094,356 $ 1,153,356 $ 1,180,968 Sub Total $ 6,566,134 $ 6,920,134 $ 7,085,806 Tile Mural Removal and Reinstallation $ 31,152 $ 31,152 $ 31,152 Add_F� r y!1" �. '!!fit+.:; a p ., '�:', `�`—, �' I�hyi! �' �((�,,��(}r�h.II iIh(�r^� �+/'� Q i�iona�'unding lee ed �1+ �1C%�L7LlGPII y*VL�IliJ�eLVa!! ATTACHMENT #2 CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RESOLUTION NO. 2005-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONSENTING TO PAYMENT BY THE REDEVELOPMENT AGENCY OF CERTAIN COSTS RELATED TO THE SEISMIC REHABILITATION OF THE ADMINISTRATION BUILDING OF CITY HALL AND MAKING CERTAIN DETERMINATIONS AND FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 WHEREAS, the Redevelopment Agency of the City of Huntington Beach (the "Agency") is engaged in activities necessary to carry out and implement the Redevelopment Plans for the Merged Redevelopment Project Areas (the "Project Areas") of the City of Huntington Beach (collectively the "Redevelopment Plan"); and WHEREAS, pursuant to Section 33445(a) of the California Community Redevelopment Law (Health & Safety Code Section 33000 et se .) ("CRL"), the Agency may, with the consent of the City Council ("City Council") of the City of Huntington Beach ("City"), pay all or part of the value of the cost of the installation and construction of any facility, structure, or other improvements which is publicly owned either within or outside a project area, if the City Council makes certain determinations; and WHEREAS, the Administrative Building portion (the "Administrative Building") of the City Hall of the City of Huntington Beach located within the Project Areas, is publicly owned and requires rehabilitation, including seismic retrofitting (the "Rehabilitation"); and WHEREAS, it is in the best interests of the City and for the common benefit of employees, business tenants and property owners within the Project Areas and residents, employees, business tenants and property owners within the City as a whole for the Rehabilitation of the Administrative Building to occur; and WHEREAS, the City has obtained a FEMA Grant to pay for a portion of the costs related to the Rehabilitation of the Administrative Building, but such Grant does not fully finance all costs of the Rehabilitation. WHEREAS, since there are no other reasonable means available to the City to finance the balance of the costs of the Rehabilitation of the Administrative Building, the 05resolseismic rehab CC Agency proposes to pay the balance of the costs of the Rehabilitation from participation proceeds from the Project Areas; and WHEREAS, the Agency's agreement to pay the balance of the costs of the Rehabilitation of the Administrative Building constitutes an indebtedness of the Agency for the purpose of carrying out the redevelopment for Project Areas; and WHEREAS, the Rehabilitation of the Administrative Building is of benefit to the Project Areas and the immediate neighborhood in which the Administrative Building is located; and WHEREAS, no portion of the payment provided by the Agency for the balance of costs of the Rehabilitation of the Administrative Building shall be derived from tax increment funds; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AS FOLLOWS: Section 1. The City Council hereby finds and determines that the foregoing recitals are true and correct. Section 2. Based on substantial evidence in the record, the City Council hereby finds and determines that: a. The Rehabilitation of the Administrative Building is of benefit to the Project Areas and the immediate neighborhood in which the Administrative Building is located and is consistent with the goals of the Five -Year Implementation Plan for the Project Areas.. This determination is based, in part, on the fact that the Rehabilitation of the Administrative Building is in the best interests of the City and the health, safety, morals and welfare of its taxpayers, employees, business tenants, property owners and residents. The Rehabilitation of the Administrative Building will benefit all employees, business tenants and property owners of the Project Areas, yas well as the residents, employees, business tenants and property owners of the City; b. No other reasonable means of financing the balance of the costs of 00 the Rehabilitation of the Administrative Building are available to the City. This determination is based, in part, on the fact that the City itself is not in a position to finance the balance of the costs of the Rehabilitation of the Administrative Building. Without the assistance of participation proceeds from the Project Areas, the Rehabilitation of the Administrative Building would not be feasible; and C. The payment of funds by the Agency for the balance of the costs related to the Rehabilitation will assist in the elimination of one or more blighting conditions within the Project Areas and is consistent with the Redevelopment Plan. This determination is based, in part, on the information contained in paragraph a. above. Section 3. The City Council hereby consents to payment by the Agency of the balance of the costs of the Rehabilitation of the Administrative Building. Section 4. The City Administrator is authorized to take any action and execute any and all documents and agreements necessary to implement this Resolution. Section 5. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21, day of NwPmher 200 5 REVIEWED AND APPROVED: 3 INITIATED AND .... • Director of 0--onomic Develb*ent Res. No. 2005-77 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at an regular meeting thereof held on the 21st day of November, 2005 by the following vote: AYES: Coerper, Sullivan, Hardy, Green, Cook NOES: None ABSENT: Hansen, Bohr ABSTAIN: None CiV Clerk and ex-officio Jerk of the City Council of the City of Huntington Beach, California REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH RESOLUTION NO. 356 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AGREEING TO PAY CERTAIN COSTS RELATED TO THE SEISMIC REHABILITATION OF THE ADMINISTRATION BUILDIN G OF CITY HALLAND MAKING CERTAIN DETERMINATIONS AND FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 WHEREAS, the Redevelopment Agency of the City of Huntington Beach (the "Agency") is engaged in activities necessary to carry out and implement the Redevelopment Plans for the Merged Redevelopment Project Areas (the "Project Areas") of the City of Huntington Beach (collectively the "Redevelopment Plan"); and WHEREAS, pursuant to Section 33445(a) of the California Community Redevelopment Law (Health & Safety Code Section 33000 et seq.) ("CRL"), the Agency may, with the consent of the City Council ("City Council") of the City of Huntington Beach ("City"), pay all or part of the value of the cost of the installation and construction of any facility, structure, or other improvements which is publicly owned either within or outside a project area, if the City Council makes certain determinations; and WHEREAS, the Administrative Building portion (the "Administrative Building") of the City Hall of the City of Huntington Beach located within the Project Areas, is publicly owned and requires rehabilitation, including seismic retrofitting (the "Rehabilitation"); and WHEREAS, it is in the best interests of the City and for the common benefit of employees, business tenants and property owners within the Project Areas and residents, employees, business tenants and property owners within the City as a whole for the Rehabilitation of the Administrative Building to occur; and WHEREAS, the City has obtained a FEMA Grant to pay for a portion of the costs related to the Rehabilitation of the Administrative Building, but such Grant does not fully finance all costs of the Rehabilitation. WHEREAS, since there are no other reasonable means available to the City to fully finance the Rehabilitation of the Administrative Building, the Agency proposes to pay the balance of the costs of the Rehabilitation from participation proceeds from the Project Areas; and 05resolseismic rehab agency balance of the costs of the Rehabilitation from participation proceeds from the Project Areas; and WHEREAS, the Agency's agreement to pay the balance of the costs of the Rehabilitation of the Administrative Building constitutes an indebtedness of the Agency for the purpose of carrying out the redevelopment for Project Areas; and WHEREAS, the Rehabilitation of the Administrative Building is of benefit to the Project Areas and the immediate neighborhood in which the Administrative Building is located; and WHEREAS, no portion of the payment provided by the Agency for the balance of costs of the Rehabilitation of the Administrative Building shall be derived from tax increment funds; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED BY THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AS FOLLOWS: Section 1. The Agency hereby finds and determines that the foregoing recitals are true and correct. Section 2. Based on substantial evidence in the record, the Agency hereby finds and determines that: a. The Rehabilitation of the Administrative Building is of benefit to the Project Areas and the immediate neighborhood in which the Administrative Building is located and is consistent with the goals of the Five -Year Implementation Plan for the Project Areas. This determination is based, in part, on the fact that the Rehabilitation of the Administrative Building is in the best interests of the City and the health, safety, morals and welfare of its taxpayers, employees, business tenants, property owners and residents. The Rehabilitation of the Administrative Building will benefit all employees, business tenants and property owners of the Project Areas, as well as the residents_ , employees, business tenants and property owners of the City; b. No other reasonable means of financing the balance of costs of the 2 Rehabilitation of the Administrative Building are available to the City. This determination is based, in part, on the fact that the City itself is not in a position to finance the balance of costs of the Rehabilitation of the Administrative Building. Without the assistance of participation proceeds from the Project Areas, the Rehabilitation of the Administrative Building would not be feasible; and C. The payment,of funds by the Agency for the balance of costs related to the Rehabilitation will assist in the elimination of one or more blighting conditions within the Project Areas and is consistent with the Redevelopment Plan. This determination is based, in part, on the information contained in paragraph a. above. Section 3. The Agency hereby agrees to pay the balance of the costs of the Rehabilitation of the Administrative Building. Section 4. The Agency Executive Director is authorized to take any action and execute any and all documents and agreements necessary to implement this Resolution. Section 5. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21 st day of November 200 5. REVIEWED AND APPROVED: /Executiv6 Director 3 INITIATED AND APPROVED: Deputy Execu ve Director Res. No. 356 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH } I, JOAN FLYNN, Clerk of the Redevelopment Agency of the City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a regular meeting of said Redevelopment Agency held on the 21st day of November 2005 and that it was so adopted by the following vote: AYES: Coerper, Sullivan, Hardy, Green, Cook NOES: None ABSENT: Hansen, Bohr ABSTAIN: None 9!!�J- ClerPof the Redevelopmen gency of the City of Huntington Beach, CA ATTACHMENT #3 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION FINANCE DEPARTMENT TO: PENELOPE CULBRETH GRAFT, DPA, CITY ADMINISTRATOR FROM: DAN T. VILLELLA, CPA, FINANCE DIRECTOR SUBJECT: FIS 2007-08-12 Award Construction Contract and Additional Funding for City Hall Seismic Upgrade, CC, 1306 DATE: DECEMBER 12, 2007 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Award Construction Contract and Additional Funding for City Hall Seismic Upgrade, CC, 1306." There are three different proposed actions for this request: • If the City Council selections Option A (total additional appropriation $63,602), the estimated unappropriated fund balance of the Merged Capital Projects Fund of the Redevelopment Agency at September 30, 2008 will be reduced to $16,148,000. • If the City Council selections Option B (total additional appropriation $417,602), the estimated unappropriated fund balance of the Merged Capital Projects Fund of the Redevelopment Agency at September 30, 2008 will be reduced to $15,793,000. • If the City Council selections Option C (total additional appropriation $583,274), the estimated unappropriated fund balance of the Merged Capital Projects Fund of the Redevelopment Agency at September 30, 2008 will be reduced to $15,628,000 a7 pG4,�d Dan T. Villella Finance Director DTV/rs --ATTAC H M E-NT #4 HUNTINGTON BEACH CIVIC CENTER ADMINISTRATION BUILDING SEISMIC UPGRADE • Admin. Building Built in the early 70's • Seismic Analysis determined the building is deficient • Building and Safety successfully competed for a $3 million FEMA Grant • Council approved $4 million matching funds for a total of $7 million • Plans and Specifications were prepared for bid process 2 1 111111111111111111711 First bids were opened on June 12, 2007 • Only 3 bids were received The lowest bid created a total short fall of approx. $2.5 million ® Council rejected the bids Aug. 6, 2007 ® Staff began work on approaches to reduce the cost of the project & attract lower bids Reduced restraints on working conditions ® Allowed better site access for staging ® Reduced some structural work while still meeting minimum FEIMA Std. ® Changed the drawings to allow for options in the bidding process Cl 4 2 • Bids were opened on November 6th • Received 6 bids • Basic Bid Structure Options: — Base Bid: Only that required for the seismic retrofit — Additive #1: Limited Architectural cladding to cover braces — Additive #2: Plaza Level extension to improve stairway • Bid Award based on the Base Bid • Lowest Bidder was Metro Builders & Engineers 5 Total Costs for Base Bid 49j,. Additive ,.d4`. t Options Base Bid Soft Cost $ 1,151,316 Construction Bid $ 5,471,778 20% Contingency $ 1,094,356 Mural $ 31,152 Total $ 7,748,602 Additive #1 Architectural Cladding $ 295,000 20% Contingency $ 59,000 $ 354,000 Additive #2 Plaza Extension $ 138,060 20% Contingency $ 27,612 $ 6 165,672 3 Base Bid: West Elevation Base + Architectural I. West Elevation (Additive #1) 10 5 PLAN VIEW OF PLAZA \\ \\� L� I �j ,,F v - T -__-_------.---- ---I-_ -_-_---- -_ _- KE r� BASE BID (No Plaza Extension) I ;' i Handrail C New Concrete wall I; A PLAZA EXTENSION (Additive #2) 00M- k ------------- --- M qW Handrail NeA ist FlDor ---- ---' I --------- 7 ® Option A — Base Bid, minimum work needed to accomplish seismic retrofit (meeting FEMA life safety standards) - Option B — Base Bid plus Architectural Cladding to cover braces & concrete to blend arch. elements ® Option C — Base Bid plus Architectural Cladding plus plaza extension, making the stairs logical and aesthetic 14 7 Cost Summary Option A Base Bid $7,748,602 Additional Funding Needed + $748,602 Option B Base Bid + Architectural $8,102,602 Additional Funding Needed + $1,102,602 Option C Base Bid + Arch'I +Plaza $8,268,274 Additional Funding Needed + $1,268,274 15 Proposed Additional Funding Sources ® First Source: $685,000 rededirected funds from CIP Downtown Street Improvement Project © Second Source: $1,000,000 that remains unprogramed from the Waterfront Participation Payments (Hyatt Project) 16 i INITIATING DEPARTMENT: Public works SUBJECT: Award Construction Contract and Additional Funding for City Hall Seismic Upgrade, CC-1306 COUNCIL MEETING DATE: January 7, 2008 STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached Not Applicable ❑ Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable -EXPLANATION, ATTACHMENTS REVIEWED << .-RETURNED _ FORWARDED Administrative Staff ( ) ( ) Deputy City Administrator Initial City Administrator Initial City Clerk ( ) EXPLANATION FOR RETURN OF ITEM - RCA Author: Wentworth 1 City of Huntington Beach CC - 1306 City Hall Seismic Upgrade Tuesday, November 06, 2007 2:00 PM Enaineer's Estimate: $5.000.000.00 Contractor Bid Amount Corrected Bid Amount DJM Construction Q " T. B. Penick & Sons Jacobs Development ✓" Gonzales Construction I A & B Construction Shaw & Sons Harbor Construction Company Y�Y000 Perse Construction Fiberwrap 2H Construction Newman Midland Corporation ..� MepCo Services Malcolm Drilling Century Reinforcing Quake Wrap Metro Builders & Engineers Group en C. D. S. The Unicon Group 7Z Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. ME e, ' �e: u ii, ; 1 ♦� 1 STATE Y CALIFORNIA) COUNTYOF ORANGE I am the Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter, I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and the attached Notice is a true and complete copy as was printed and published on the following date(s): SEPT. 20,27,2007 OCT. 04,2007 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on OCTOBER 0 4, 2 0 0 7 at Huntington Beach, California - /:rM Signature NOTKE INVITING SEALED BIDS City Hall Seismic Upgrade 2000 Main Street Huntington Beach, California 92648 CASH CONTRACT No.1306 ,In the CITY OF HUNTINGTON BEACH 'UBLIC NOTICE. IS HEREBY GIVEN that the CITY OF. HUNTINGTON BEACH, :s AGENCY, invites sealed bids for the above -stated project and will eceive such bids.in the office of the City Clerk, Second Floor, 2000 Main, ireet, Huntington Beach,, California 92648, .up to the hour, of 2:00 p.m. in October 23, 2007. Bids will be publicly open in the Council Chambers finless otherwise posted. rhis is a re -bid of the Cash Contract No, 1306, The original project documents have been modified: in an attempt to, receive bids within the project budget. _As such, the original scope of work for this project has been reduced, -in addition, previous constraints on working hours have been reduced and/or removed completely. This project now includes bid alternates, which may be awarded at the discretion of the City based upon'available funding. 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 $100.00 nonrefundable fee if picked up,or payment of a $120.00 nonrefundable fee if mailed via U.S.Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the .provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, The AGENCY will deduct a 10% retention from all ,progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that' minority business enter- prises will be afforded -full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of racei color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal) forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or.' bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business. licenses from the AGENCY. A pre -bid meeting and walk-through of the site will be held on Thursday October 11, 2007 at 10:00 AM (meet on site - lobby of the Administration Building 2000 Main Street, Huntington Beach, CA), for the purposeof reviewing bid documents, receiving bidder questions and reviewing the site. Attendance at this meeting is highly recommended, for all Bidders. -, Pursuant to the amended Public Contract Code Section 3400, Contractors are now required to submit all substitution requests for equal materials or systems prior to award of the contract during a period specified in the bid documents. No substitution requests will be considered after award of the contract. . Project Description: A. Seismic upgrade to the existing 6 story concrete structure of, the Huntington Beach City Hall Administration Building, Upgrade consists of concrete brace frame system with diagonal steel braces Integrated into the existing concrete frame. Certain columns will be strengthened with the carbon fiber wrapping. Building will Keceive a brace frame on each of four sides of the building, full helghtof the building. ` B, Additional structural work includes selected sawcutting of existing concrete slabs and selected cutting of existing rebar. C. Related work includes removal of existing construction as required for structural seismic upgrade work, and the replacement "In kind" of this aonstructipnr including: Concrete slab on grade and excavation, Interior partitions, floor finishes and ceiling finishes: D. Additive Alternates: Three (3) additive alternate scope of work Items have been identified on the drawings. The following Is a summary, of the alternates: 1. AddltWo Alternate No. l: Add metal stud framework and plaster finish to cover. the brace frame connections. This typically occurs at the bottom end of, each brace and at the underside of the new concrete beams. 2: Additive AfternateWo.2: _ At the south braced`frame, add concrete wall, structural steel framing; metal deck, concrete fill and topping slab to create: triangular extenslojt of the First Floorlevel, 7heproject schedule is 365 calendar days: ,.,Bass work - 325 calendar days b; Additive Alternative #I •40•calendar days (if awarded) c. Additive Alternative 02 • no addltlonal calendar days (if awarded) The Engineer's estimate for the work . included In the contract is $5,000,000.00 All questions shall be directed to: Michael Wolfe Integrated Design Services, Inc. (949) 387.8500 - The AGENCY reserves •the right to reject any or all bids, to waive any 1irregularity and to take all bids under advisement for a maximum period of 60 days. Additive Alternatives 01 and #2 may be•awarded up to,6C ds after Initial award of Contract: BVORDER, of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH; Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. �]jPROOF OF P V B LICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am the Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter, I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, . and the attached Notice is a true and complete copy as was printed and published on the following date(s): SEPT. 20,27,2007 OCT. 04,2007 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on OCTOBER 0 4, 2 0 0 7 at Huntington Beach, California I WA RANSignature NOTIaWMALED BIDS forThe. City Nag Selsmik Upgrade 2000 Main Street Hwltington Beach,, Caflfornia 92648 CASH hONTRALT No. i 306 ' In1he r WY OF HUIMNOTOR RACK PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON"BEACH; as AGENCY, invites sealed bids for the above -stated project and will receive such bids in•the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to, the hour of 2:00 p.m. on October 23, 2007. Bids will be publicly open in the 'Council Chambers unless otherwise posted. This . is a re -bid of the Cash Contract No, 1306. The original , project documents have been modified in an attempt to: receive bids within the project budget. As such, the original scope.of work -for this project has been reduced. In addition, previous constraints on working hours have been reduced and/or removed completely. This project now includes bid alternates, which may be awarded at the discretion of the City based upon available funding. Copies-otthe 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 $100.00 nonrefundable fee if picked up, or payment of a $120.09 nonrefundable fee if mailed via U.S.Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of, the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the, Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this, notice will incorporate the provisions of the Federal Labor' Standards, which are on.file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, The AGENCY will deduct "a 10% retention from all progress, payments. The Contractor may substitute an escrow holder surety of equal value) to the retention in accordance with the provisions of the California Government Code,'Section.4590. The Contractor shall be beneficial owneri of the surety, and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enter- prises will be afforded full opportunity to submit bids in response to"this ) notice and will not be discriminated 'against on the basis of raced color,i national origin, ancestry,•sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless -it is prepared "on the approved Proposal' forms in conformance with the Instructions to Bidders. The bid must be accompanied by 'a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess'a"State Contractor's, License Class at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY.- A pre -bid meeting and walk-through"bf the site will be held on Thursday October 11, 2007 at 10:00 AM (meet on site lobby of the'Administration Building 2000 Main Street, Huntington Beach, CA), for the purpose .of reviewing bid documents, receiving bidder questions and reviewing the site. Attendance at this meeting is highly recommended.for all Bidders. Pursuant to the ,amended Public Contract Code Section 3400, Contractors are now required to submit all substitution- requests for equal, materials or systems prior to award of the contract during a period specified; in the bid documents.- No substitution requests- will be considered after award of the contract. Project Description: " IA: Seismic upgrade to the existing 6 storyconcrete structure, of the Huntington Beach City .Hall Administration ,Building,• Upgrade ,consists of concrete brace frame system with diagonal steel braces integrated into the existing concrete frame. Certain columns will be strengthened with the carbonfiber wrapping. Building will receive a brace frame on each of four sides of the building, full height of the building. " B: Additional structural work includes; selected sawcutting of existing concrete slabs and selected cutting of existing rebar. C. Related work Includes removal of existing construction as required for structural seismic upgrade work, and the replacement "in kind" of this construction, Including: ,Concrete slab on grade and excavation,, Interior partitions, floor finishes and ceiling finishes. D. Additive Alternates: Three (3) additive alternate scope of work items have been identified on the drawings. The,following Is a summary:of the alternates: 1. Additive Alternate No. 1: Add metal stud'framework and plaster finish to cover the brace frame connections." This typically occurs at the bottom end of each brace and at the underside of the new concrete beams. 2. Additive Alternate No. 2: At the south braced frame, add concrete wall, structural steel framing; metal deck, concrete fill and topping slab 'to create a triangular. extension of the First Floor level, The project schedule is 365 calendar days: a. Base work - 325 calendar days b. Additive Alternative#1 - 40 calendar days (if awarded) c. Additive Alternative #2•- no additional calendar days (if awarded) The Engineer's estimate for, the work included in the contract -,Is $510001000.00 All questions shall be directed to: Michael Wolfe Integrated Design'Ser vices, Inc. (949) 387.8500 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. Additive Alternatives #1 and #2 may be awarded up. to,60 daysafter Initial award of Contract. BY ORDER, of the CITY •COUNCIL of the CITY OF HUNTINGTON. BEACH.,; Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. UNION] STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am the Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City. of Huntington Beach, County of Orange, State of California, and the attached Notice is a true and complete copy as was printed and published on the following date(s): September 20, 27 2007 October 4, 2007 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on October 4, 2007 at Huntington Beach, California C47 6/�?F Signatu Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. A STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am the Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and the attached Notice is a true and complete copy as was printed and published on the following date(s): September 20, 27 2007 October 4, 2007 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on October 4, 2007 at Huntington Beach, California Signat F��' CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92 64 8 LETTER OF TRANSMITTAL Attention: Joan L. Flynn To: City Clerk's Office 2000 Main Street Huntinqton Beach, CA 92648 Fax (714) 374-1573 Date: September 13, 2007 Project/C.C. No.: C.C. No. 1306 Regarding: City hall seismic Upgrade ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item"# Copies- Pages, = ,��, .. Descriptiori 1 1 1 Notice Inviting Sealed Bids 2 City Hall Seismic Upgrade Cash Contract 1306. 3 4 5 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: On September 6, 2006, the City Council authorized the advertisement of the City hall Seismic Retrofit project. Please find attached the Notice Inviting Sealed Bids for re -advertisement on 9/20/07, 9/27/07 & 10/4/07. Bid opening is scheduled for 10/23/2007 @ 2:00 pm. Please contact me at 536-5517 with any questions you may have. c: file By: ai,an.D. Wentworth, Contract Administrator SECTION A NOTICE INVITING SEALED BIDS for the City Hall Seismic Upgrade 2000 Main Street Huntington Beach, California 92648 CASH CONTRACT No. 1306 in the CITY OF HUNTINGTON BEACH �- �14 /a/V,/d;Z PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above -stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 p.m. on October 23, 2007. Bids will be publicly open in the Council Chambers unless otherwise posted. This is a re -bid of the Cash Contract No. 1306.. The original project documents have been modified in an attempt to receive bids within the project budget. As such, the original scope of work for this proj ect has been reduced. In addition, previous constraints on working hours have been reduced and/or removed completely. This project now includes bid alternates, which may be awarded at the discretion of the City based upon available funding. 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 $100.00 nonrefundable fee if picked up, or payment of a $120.00 nonrefundable fee if mailed via U.S.Postal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. A pre -bid meeting and walk-through of the site will be held on Thursday October 11, 2007 at 10:00 AM (meet on site — lobby of the Administration Building 2000 Main Street, Huntington Beach, CA), for the purpose of reviewing bid documents, receiving bidder questions and reviewing the site. Attendance at this meeting is highly recommended for all Bidders. Pursuant to the amended Public Contract Code Section 3400, Contractors are now required to submit all substitution requests for equal materials or systems prior to award of the contract during a period specified in the bid documents. No substitution requests will be considered after award of the contract. Project Description: A. Seismic upgrade to the existing 6 story concrete structure of the Huntington Beach City Hall Administration Building. Upgrade consists of concrete brace frame system with diagonal steel braces integrated into the existing concrete frame. Certain columns will be strengthened with the carbon fiber wrapping. Building will receive a brace frame on each of four sides of the building, full height of the building. B. Additional structural work includes selected sawcutting of existing concrete slabs and selected cutting of existing rebar. C. Related work includes removal of existing construction as required for structural seismic upgrade work, and the replacement "in kind" of this construction, including: Concrete slab on grade and excavation, interior partitions, floor finishes and ceiling finishes. D. Additive Alternates: Three (3) additive alternate scope of work items have been identified on the drawings. The following is a summary of the alternates: Additive Alternate No. 1: Add metal stud framework and plaster finish to cover the brace frame connections. This typically occurs at the bottom end of each brace and at the underside of the new concrete beams. 2. Additive Alternate No. 2: At the south braced frame, add concrete wall, structural steel framing, metal deck, concrete fill and topping slab to create a triangular extension of the First Floor level. The project schedule is 365 calendar days: a. Base work — 325 calendar days b. Additive Alternative #1 — 40 calendar days (if awarded) c. Additive Alternative #2 — no additional calendar days (if awarded) The Engineer's estimate for the work included in the contract is $5,000,000.00 All questions shall be directed to: Michael Wolfe Integrated Design Services, Inc. (949) 387-8500 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. Additive Alternatives #1 and #2 may be awarded up to 60 days after initial award of Contract. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 5th day of September 2006, by RESOLUTION 2006-56. Attest: Joan Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH 09/17/07 MON 13:34 FAX 949, 646 5008 I ; DAILY PILOT—'LGL DEPT la001; i i I !CLASSIFIED, , Dail blot y ry Y pilot • �o ' iPnnted tiy: 99fifi Sandrini Gann pm ' j 'Salesperson: o Phone: Ad # 29646278 ; Account Information d Information _ ......,.,. � .. ,.., �..:..,.. _ - ._....- Phone#: (71'4)536-6227 Start date' 09-20-07 Size 3x121.770 Name:: CITY OF HUNTI NGTON BEACH Stop date 10-04.07 , Billed size 12.00 TCN Inch Address:: P.O. BOX784 Insertions 3 Keywt7rd HUNTINGTON BEACH, CA 92648 Ra#ecode &Legal Huntington Beach : Ad type Liner • Taken¢y 99.66S- andri�in_..eG. a„ nn j Acct#: 277391004 I Classification ;13000- Legal Notices PublicationsTCNHBj Client: Clerk's office -City Huntington .Beach Placed by: Patty Esparza Pax#:: (714)374-1557 Ad Copy:. i ! i SECTION A NOTICE INVITING SEALED BIDS for the City Hal Seismic Upgrade 2000 Main Street r Huntington Beach, California 92648 CASH CONTRACT No.1306 1 : ` in the CITY OF HUNTINGTON BEACH PUBLIC:NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above -stated project and will receive"such bids in the office of the City Clerk, Second Floor, 2000 Main Street, j Huntington � Beach, California 92648, up to the hour of 2:00 p.m. on October 23, 2007. Bids will be publicly open in the Council Chambers unless otherwise posted. This is'a re -bid of the, Cash Contract No. 1306. The original project documents have been modified in an attempt to receive bids within the project' budget. As such,' the original scope of work for this project has been reduced. In addition, previous constraints on working hours have j been reduced and/or removed completely- This project now includes bid alternates, which may be awarded at the discretion of the City based upon available funding. I Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, j Huntington Beach,•CA 92648, upon payment of a $100.00 nonrefundable fee if picked up, or payment of a $120.00 nonrefundable fee if mailed via U.SiPostal Service, FedEx, UPS or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State;Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. This is a Davis -Bacon project and the Federal Regulations will be enforced - Any contract entered, into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA i . 92648. . The AGENCY 'will deduct a 10 % retention from all progress payments - The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California j Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. j The AGENCY hereby affirmatively ensures that minority business enterprises to this will be'afforded full opportunity to submit bids in response notice and will: not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid 'shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10 of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. A pre -bid meeting and walk-through of the site will be held on Thursday i I i i ' -- ad proof pg. 1 --- 09/17/07 MON 13:34 FAX 949 646 5008 DAILY PILOT-tGL DEPT Z 002! , C L A'S S"-I F"I E -_.1DailyPilat oVERTISIN .... . IDailyai y ot P9J669M rined I Salesperson: Phone: Ad#29646278 fTciotiei`Il, 200Ta...... f Ib:DO M (meef'on si e lobby of the 'Adminisi�atio'n" `- Budding 2000Main Street, Huntington Beach, CA), for the purpose of reviewing bid documents, receivingbidder questions and reviewing the site. Attendance at this meeting is h ighty recommended for all Bidders. Pursuant to the amended Public Contract Code Section 3400, Contractors are now required to submit all substitution requests for equal materials or systems prior to award of the contract during a period specified in the bid documents. No substitution requests will be considered after award of the contract. Project Description: A: Seismic upgrade to the existing 6story concrete structure of the Huntington Beach City Half Administration Building. Upgrade consists of concrete brace frame system with diagonal steel braces integrated into the existing concrete frame.!Certain columns will be strengthened with the carbon fiber wrapping. Building will receive a brace frame on each of four sides of the building, full i height of the building. B. Additional structural work includes selected sawcutting of existing concrete slabs and selected cutting of existing rebar_ d C. Related work includes removal of existing construction as required for structural seismic upgrade work, and the replacement "in kind" of this p; construction, mcluding:�Concrete slab on grade and excavation, interi partitions, floor finishes and ceiling finishes. D. Additive Alternates: Three (3) additive alternate scope of work items have been identified on the drawings. The following is a summary of the alternates: 1. Additive Alternate No. 1: Add metal stud framework and plaster finish to cover the brace frame connections. This typically occurs at the bottom end of each brace and at the underside of the new concrete beams. 2: Additive Alternate No.2: At the south braced frame, add concrete wall, structural steel framing, metal deck, concrete fill and topping slab to create a triangular extension of the First Floor level. The project schedule is 365 calendar days: aiBase work - 325 calendar days b. Additive Alternative 41'- 40 calendar days (if awarded) c. Additive Alternative #2 • no additional calendar days (if awarded) The Engineer's estimate for the work included in the contract is $5,000,000.00 All questions shall be directed to: M ichael Wolfe Integrated Design Services, Inc. (949)387-8500 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, Additive Alternatives #1 and #2 may be awarded up to 60 days after initial award of Contract. BY ORDER of the CITYICOUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 5th day of September 2006, by RESOLUTION 2006-56. Attest: Joan Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington, Beach Independent September 20, 27, October 4, 2007 093-851 i i I i - ad proof pg. 2 --- i ; FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND 140ugt,4.A r=WtEeQUscj cri d�4METq.o iB(j f�(.INC.fxs' 6Qou0 ,-rV. FOR Cc-- 00 b CIT"Y H4LL- 5FISfV%tL U?6tili p2aa t'ci TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 8 13. VARIATIONS IN ESTIMATED QUANTITIES 9 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 10 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 11 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE 12 20. INSURANCE 12.. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 13 22. NOTICE OF THIRD PARTY CLAIM 14 23. DEFAULT & TERMINATION 14 24. TERMINATION FOR CONVENIENCE 14 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 15 26. NON -ASSIGNABILITY 15 27. CITY EMPLOYEES AND OFFICIALS 15 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 15 29. NOTICES 16 30. SECTION HEADINGS 16 31. IMMIGRATION 16 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 17 FEDERALLY FUNDED CONSTRUCTION CONTRACT 1 TABLE OF CONTENTS, continued Page No. 33. ATTORNEY'S FEES 17 34. INTERPRETATION OF THIS AGREEMENT 17 35. GOVERNING LAW 18 36. DUPLICATE ORIGINAL 18 37. CONSENT 18 38. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT 18 39. CALIFORNIA PREVAILING WAGE LAW 40. CALIFORNIA EIGHT -HOUR LAW 19 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 20 42. EMPLOYMENT OF APPRENTICES 20 43. PAYROLL RECORDS 20 44. FEDERAL PARTICIPATION 21 45. DAVIS-BACON ACT 21 46. DISCRIMINATION, MINORITIES, ALIENS 21 47. EQUAL EMPLOYMENT OPPORTUNITY 21 48. COPELAND "ANTI -KICKBACK" ACT 22 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 23 50. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 23 51. ENERGY CONSERVATION 24 52. HOUSING AND URBAN DEVELOPMENT 24 53. ENTIRETY 24 2 FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND µOUA► £t�,c4o�r2.scs, ITD dba. t`(1£Z'Qo �� f�c�iK�s FOR cc-- 13 0 to C 1T'`+' h+19-c1-- THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as }you awq £NTcz oZ.S C s, L7 D d6 K "CITY," and M£Tac Go, t -oc(LS f fNb wf CitS O C-rD , a C&L1RaN iN (�3 2?101Z" 0.✓ , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as cc — 130 (o G ( 711-r S'F(S ►'�,((, 0 6 R.Aof, -j�-kZa,�T cl- . 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, including, but not limited agree/citywide/revisions/federal 8-05 1 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 'bocumenfs (as defined bielow" in this Section), 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 Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern agree/citywide/revisions/federal 8-05 2 California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the 16tice Inviting Bids, the Special Instructions 'tb" ' 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 Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed fg 16 Wr A-13) 7 XTY £ !G ITT D0c1-MM.S Aw c-E,,./n Dollars ($ S 0 �� ��, as set forth in the Contract Documents, to be paid as provided in this Agreement. agree/citywide/revisions/federal 8-05 3 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 7-f,�lt�t NvN,Dtic.O S'jXrT- 91 VL (36consecutiveCA4ANOtP, D"Sfrom the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under -no condition. shall. CONTRACTOR make any,,. agree/citywide/revisions/federal 8-05 4 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 Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final�Agreement price, including all change orders, to warrant such performance agree/citywide/revisions/federal 8-05 5 for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in 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 FiyTt f el NI) Q-- 9 Dollars ($ % tS-00 °J ) per day for each and every working day's delay in completing the work in excess of the number of working days agree/citywide/revisions/federal 8-05 6 set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of 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. agree/citywide/revisions/federal 8-05 7 No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/citywide/revisions/federal 8-05 8 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, agree/citywide/revisions/federal 8-05 9 if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the Agreement price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS. SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. agree/citywide/revisions/federal 8-05 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall agree/citywide/revisions/federal 8-05 11 furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in 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 as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; agree/citywide/revisions/federal 8-05 12 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 provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD -PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has agree/citywide/revisions/federal 8-05 13 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.2T and any damages shall be assessed as set forth in .24 Section '14. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days' written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 %2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. agree/citywide/revisions/federal 8-05 14 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any.:part hereof, or any right or duty. created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 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, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: agree/citywide/revisions/federal 8-05 15 TO CITY: City of Huntington Beach ATTN: Du4mr- kJco -wola.- A 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: 1aj1c.DLR5 A !',-.6r,.,E0LT E,(ZOuP �lTt7, a 610 / VON m So ITr R wr-Ao2r GFi 42(0 43 The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. agree/citywide/revisions/federal 8-05 16 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date agree/citywide/revisions/federal 8-05 17 of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 39. 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 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 agree/citywide/revisions/federal 8-05 18 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. 40. 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 one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 41. 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. agree/citywide/revisions/federal 8-05 19 42. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 43. 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. 44. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 45. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC Section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply agree/citywide/revisions/federal 8-05 20 with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 46. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 47. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. agree/citywide/revisions/federal 8-05 21 To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 48. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. agree/citywide/revisions/federal 8-05 22 50. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Agreement award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 51. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq.). agree/citywide/revisions/federal 8-05 23 52. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 53. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on /�%,� ,c}� l/ D , 20 08 agree/citywide/revisions/federal 8-05 24 CONTRACTOR 1�1osa In �a F �Ses DRA Metro By: �o pr' t name ITS: (circle one) hainnai 10- CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California fiv,a/z AA.A J, - — — . ayor ty Clerk 41i,14 r� ice President APPROVED AS TO FORM: AND��c�f� City Attorney �I g print name ITS: (circle one) Secretary Chief Financial ficer/Asst. Secretary - Treasurer REVIE City Admire INITIATED AND APPROVED: Director of P blic Works agree/citywide/revisions/federal 8-05 25 �:.. L-^X�r�oc thirrzC) SECTION C PROPOSAL for the ' City Hall Seismic Upgrade 2000 Main Street ' Huntington Beach, California 92648 from ' CASH CONTRACT No. 1306 in the CITY OF HUNTINGTON BEACH ' TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: ' In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and ' incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of ' the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is ' accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the ' guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set ' forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE.AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE ' CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid ' opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S o tion, be considered null and void. Accompanying this proposal of bid, find /, in the amount of $ �0% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). u Bidder shall signify receipt of all Addenda here, if any: Addenda No: Date.Received Bidder's Si at re:. I I o-1 q - o-7 .1 C-? c-� LIST OF SUBCONTRACTORS In accordance with Governinent Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion Name of Subcontractor and Division of State License Class of Work :Address Work: J/V ber' ( o)` r Avis Cof'54 . o �czwA-�_or"­ J)k aio< <- c/l 75 50'2-7 7 1 ZH 6 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. ,2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED ' BY BIDDER AND SUBMITTED WITH BID State of California ' ss. County of Orange ' &U&Q "being first duly sworn, deposes and says that he or she is Wks tVWT of µ Jgtt.o & jLOMC,the party making the foregoing bid that the bid is not made in the interest ' of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to ' put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the ' bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price ' or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham ' bid. ftTft SutL-Pfl-S ���i>►�FFess Name of Bidder Signature off idder ' dtA0 A, fo I0 ST . S A ' :Address of Bidder ' Subscribed to before me this+� day 20 and sworn o ' NOTARY PUBLIC - v LEONARDO F. BONAHORA Commission # 1522544 a ® Notary Public - California Orange County C-5 '—Z My Comm. Expires Oct 28, 20 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known.as City Hall Seismic 0 parade (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. Title Date: C-6 ' N STATEMENT BIDDER'S QUALIFICATION STA EMEN ' CERTIFICATION: Due to high level of importance of this Project to the City of Huntington Beach as well as the emphasis the City places on the welfare and safety of the public, minimum qualifications have been established for this contract. All bidders must fill out the form listed below with the appropriate reference information. The undersigned bidder certifies as follows: ' L . As a licensed. A or B .Contractor, Bidders must have a minimum of five (5) years experience in successfully completing contracts of a similar nature (public or private buildings), size, and contract amount to that for which he is submitting this bid. "I certify that (1Jg4WPTJ,ab . (bidder's firm name) as a licensed A or B ' Contractor has been successfully completing contracts of a similar nature, type, size, and ' contract amount to that for ;which I am submitting this bid for a period of ears." 2. As the Prime Contractor Bidders must have successfully completed three contracts of p ' $4,000,000 or more in bid contract value for similar facilities (public or private buildings including Office Buildings, Fire Stations, Maintenance Facilities, Libraries, Courthouses, City Halls, Higher Education Facilities or other similar buildings) within the last five (5) ' years. List three appropriate contracts below: Project 1: Project Description: Hi%"ri C- '` ' oy ' bid: Base Contract Amount as id i �P r 1 Owner / Agency Name: { . o� C�. ', 'Parka 2'�-c• Contact Person / Telephone #: Qoyx qu- yq ! 474 0 Date Completed or Percentage Complete: 2+ 17, - 1 — ds Project 2: Project Description:, Base Contract Amount as bid: `s g`i 3 O to C-7 Owner / Agency Name: C; +�,, 0�- Contact Person / Telephone #: QaJ.- P tawr\ 19gq - 4T?-03(O0 Date Completed or Percentage Complete: a' 5-07b Project 3: Project Description: 0-0 r\ c,, I-v c t OZ-a—e- 1` Base Contract Amount as bid: Owner / Agency Name: e-� �-� o �- IDa`-r-0- Vs 1 �} Contact Person / Telephone #: L�,-rc-V• .,e.- 9-e.w• Bk-�L r I -7 1TO Date Completed or Percentage Complete 12-- I -os 3. Bidders must hold an A or B California Contractor's license that is valid at the time of bid submission. Bidder's may not have had their Contractor's license revoked within the last five (5) years. ,,Y_ &A%i,,0E9S I ILKN6K3EILJ,5 "I certify that (nA8-)YI Ulm , (bidder's firm name) holds a a. Q> (classification .. and license number) California Contractor's license that is currently valid and has not been revoked within the last five .(5) years. 4. Bidders may not havehad a surety firm complete a contract on their behalf, or paid for completion because the bidder was default terminated by the project owner within the last five (5) years.. "I certify that V.a (oIrJSIV lit S 6 &ayr , _ (bidder's firm name) has not had a surety firm complete a contract on our behalf, or paid for completion because the of default termination by the project owner within the last five (5) years." 5. Owners or officers of bidding firms shall not have been convicted of a crime involving the awarding of a contract of a government construction project, or the bidding or performance of a government contract at a y time during the last five (5) years. Etw0%QIwV2-s f f0&)&JVbtX "I certify that the owners and officers of- &"Or, , L-M . (bidder's firm name) have not been convicted of a crime involving the awarding of a contract of a government construction project, or the bidding or performance of a government contract at any time during the last five (5)'years." M L t ' 6. The project includes extensive structural system retrofit. The Contractor must be experienced in the construction of building's structural systems and must have ' succ'essfullycompleted three such construction projects, with a construction value of over $2,000,000, within the last seven (7) years. /� "I certify that AUX0 Rsu l �,Ot,�s �.•� G1ti it " OVp. G7�.(contractor firm name) has successfully completed three structural system retrofit construction ' projects, with a construction value of over $2,000,000, within last seven (7) years." List three appropriate contracts below: ' Project 1: Project Description: 5k4r e, S aJ- C: s+zt-( Cc v c S-+a4'7Rkt` Base Contract Amount as bid: 9% 61*3 t SS-7 Owner / Agency Name: bC CIA , jLte Bar T4( ie--S e-c- Contact Person / Telephone #: a. cy I W5 — S 7(-oo ' Date Completed: Project 2: I Project Description: ��� — p'►� �fi'�o `eJC�S ' Base Contract Amount as bid: ' Owner / Agency Name: A-t,4A 4' , Contact Person / Telephone #: MjcI ae 4Gv4c"g9v, 3--R79" %l ' Date Completed: ' Project 3: Project Description: R-oi 1 Base Contract Amount as bid: oD-1 S991 339 1 C-9 Owner / Agency Name: C; +%4 TV-ra•-�r•t c Contact Person / Telephone #: �Sysk-q. k-42a,L % Z13 — Date Completed: Ci — —0 3 NOTE: This Bidder's Experience and Qualifications Statements constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of these Statement. Date: &"VP CONTRACTOR (I ert Name of Bidder's Firm) By: Printed Name: oc AV 4y u hLIA Title: fats 0er.-Sr By: Printed Name: Title: C-10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes /NO If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-11 CONTRACTOR'S BONDS u 11 Provide a letter from the Bonding Company (on bonding company's letterhead) indicating date of ' letter, your company's name, company address, company's aggregate work capacity (the maximum amount of work.your company is capable of undertaking for any and all projects), and contact information for bonding company's representative. Qualification of the prospective bidder ' is contingent upon the bonding company having at least an "A -"(A minus) rating by the A.M. Best Company. Prospective bidders will be disqualified if the Bonding Company is not at least an "A -"(A minus) rating by the A.M. Best Company. ' 11 C-12 1. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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. 2-S�iN2s Contractor / Date: 1 1— S' 07? POU o U i�i_1.14 , �1 5 ciafcN� Title C-13 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by�the awarded Contractor_'pror to -excavation)= No excavation will be permitted until this form is completed and returned to the Sectid 4216/4217 of the Government Code requires a Dig Alert Identification Nu before Permit to Excavate will be valid. be issued To obtain ig Alert Identification Number, call Under, ound Service Ale t 1-800-422-4133 a minimum o o working days before scheduled excavation. Dig Alert Identifieatio Number: Ti Date: Note: T, is form is required for every Dig Alert Identificati during the course of the Work. Additional forms may be upon request. Number issued by U.S.A. )tained from the AGENCY C-14 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BIDDER'S INFORMATION BIDDER certifies that the following information, is; true and :correct: Bidder Name Aleio Avot-i S-r. 5n 8 Business Address W'►' i • ,- Telephone Number 59755?,� State Contractor's License No. and Class 19U Original Date Issued - 10 _0�' Expiration Date The work site was inspected by ��0-4-, (7L of our office on 20. The followirigare;persoris, firms, and corporations having a principal interest in this proposal: .r: �oUprt7Y�nt�'V r� �Yt-CS IoD�IJT �¢-iGPdy12�Q� C-15 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Printed or Typed Signature ado 1 D A<vn*j Sit A , 1jewe u a4 , . c-A gUoro3 Address of Bidder Telephone Number Subscribed and sworn to before me this 61*�- NOTARY PUBL day of N OV . . , 20 D -7- LEONARDO F. BONAHORA Commission # 1522544 O Notary Public - COMOmia Orange County My Comm. Expires Oct 28, 2008 C-16 t. ' DISADVANTAGED BUSINESS ENTERPRISE DBE INFORMATION AND FORMS The City encourages the participation of Disadvantaged Business Enterprises (DBE), as defined in Code of Federal Regulations (CFR), in the performance of contracts financed in whole or in part ' with Federal Funds. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. ' Bidders shall be fully informed in respect to the requirements of the DBE Regulations. The DBE Regulations in their entirety are incorporated herein by this reference. Attention is directed to the ' following matters: A. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small ' Business Act and relevant regulations promulgated pursuant thereto; B. A DBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, vendor of material or supplies, or as a trucking company; ' C. A DBE joint venture partner must be responsible for specific contract items of work, or clearly defined portions thereof Responsibility means actually performing, managing and ' supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. ; D. A DBE must perform a commercially useful function, i.e., must be responsible for the ' execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work; E. DBEs must be certified by the California Unified Certification Program (CUCP). Listings ' of DBEs certified by the CUCP are available from the following sources: ' 1. The Caltran's "Civil Rights" web site at: http://www.dot.ca.gov/hq/bep. 2. The Caltran's DBE Directory. This Directory may be obtained from the ' Department of Transportation, Materiel Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445-3520; ' F. When reporting DBE participation, bidders may count the cost of materials or supplies purchased from DBEs as follows: ' l . If the materials or supplies are obtained from a DBE manufacturer, 100 percent of PP � ' the cost of the materials or supplies will count toward DBE participation. A DBE manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required ' under the contract and of the general character described by the specifications. 2. If the materials or supplies are purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that ' owns, operates, or maintains a store, warehouse, or other establishment in which the C-17 ' materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular ' dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum ' products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business as provided in this paragraph F.2. if the person both owns and operates distribution equipment for the products. Any supplementing of t regular dealers' own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract -by -contract basis. Packagers, brokers, manufacturers' ' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this paragraph F.2. 3. If the DBE is neither a manufacturer nor a regular dealer, count only the entire ' amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, provided the fees are reasonable and not excessive ' as compared with fees charged for similar services. G. When reporting DBE participation, bidders may count the participation of DBE trucking ' companies as follows: l . The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract. 2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract; I The DBE receives credit for the total value of the transportation services it provides on the contract using trucks its owns, insures, and operates using drivers it employs, 4. The DBE may lease trucks from another DBE firm, including an owner -operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract; 5. The DBE may also lease trucks from a non -DBE firm, including an owner - operator. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE; 6. For the purposes of this paragraph G, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. C-18 H. Bidders are encouraged to use services offered by financial institutions owned and ' controlled by DBEs. 1 C-19 CNA SURETY Phoenix Branch P.O. Box 29242 Phoenix, AZ 85038-9242 November 1, 2007 City of Huntington 2000 Main Street, 2nd Floor Huntington Beach, CA 92648 Re: Pre -Qualification Application for Metro Builders & Engineers Group, Ltd. Project: City Hall Seismic Upgrade, Cash Contract No. 1306 in the City of Huntington Beach Ladies & Gentlemen: We are providing this information at the request of Metro Builders & Engineers Group, Ltd. for purposes of seeking pre -qualification to bid to your agency. Name of Bonding Company / Surety: Paul Davis, Underwriting Consultant Western Surety Company (A CNA Company) 2355 E. Camelback Road, Suite 500 Phoenix, AZ 85016 Name of Surety Agent / Broker: James P. Schabarum II, CPCU, AFSB Cavignac & Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 Western Surety Company (CNA) is an admitted surety (approved by the California Department of Insurance) and is authorized to issue surety bonds in the State of California. Western Surety Company (CNA) is rated A IX by A. M. Best, and is an approved surety for Federal bonds under Title 31 of the United States Code per U.S. Treasury Department Circular 570. Western Surety Company (CNA) has been providing surety bonds for Metro Builders & Engineers Group, Ltd. since April of 2006, covering single projects in excess of $25,000,000 and potential aggregate work programs of $75,000,000. Currently the available bonding capacity exceeds approximately $50,000,000. We continue to be confident in Metro Builders & Engineers Group, Ltd.'s ability to perform, and we recommend them for your favorable consideration. This letter is not to be construed as an agreement to provide surety bonds for any particular project, but is offered as an indication of our past experience and confidence in this firm. Any specific request for bonds is a matter between Metro Builders & Engineers Group, Ltd. and ourselves, and we assume no liability to third parties if, for any reason, we do not execute said bond(s). Western Surety Company. NA) M. Wager, Attorney i In-Fact P Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Leslie Hahn, Jeffrey W Cavignae, James P Schabarum II, M Wager, Individually of San Diego, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 23rd day of October, 2007. .S...... WESTER SURETY COMPANY p�,,............. cos -Wy4O r�1=2 _ ....... HpBruflat, Senior Vice President State of South Dakota 1 )t County of Minnehaha ss On this 23rd day of October, 2007, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires } $ D. KRELL i November 30, 2012 NOTARY PUBLIC �ES� eAt SRSOUTH DAKOTA i ♦ti554a5yhyytiaaa�,�,ayaa�,�,ti D. Krell, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 1 S t day of No 17 2 M b e r 1— 2007- ` ..... Q�S.- WESTERN SURETY COMPANY pQ?Oggr':�o` iz *`ti`SfA% s .......Oo.- www` - L. Nelson, Assistant Secretary Form F4280-9-2006 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. IN STATE OF California COUAf7,yOf, San Diego i Oil November 1, 2007 . before me, PERSONALLYAPPF_ARED M. Wager personally known to me(N✓/�i1t,%(/Lfl'�F�/i>/oiv'i/U(r'�l�/Nd�/ri�l�fFff/i�// 1#//1✓/W) to be the person(.y, whose name(s) is/are subscribed to the within instrument and acknowledged to me that11JIshe//l%ey executed the scune in 11111her111#11l authorized capacity((A), and that by ffilher/llthfif signature(/./) oil the instrument the person(.y), or the entity upon behalf of which the person(j) acted, executed the instrument. WITNESS nay hand and official seal. Si' nature OPTIONAL SS. Janis E. Theodore, Notary Public JANIS E. THEODORE COMM. #1453200 n N NOTARY PUBLIC-CALIFORNIA N SAN DIEGO COUNTY n V My Commission Expires NOVEM This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-1232 (REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT The successful bidder must execute and return the LOCAL AGENCY BIDDER - DBE INFORMATION form, even if no DBE participation will be reported. AGENCY: C t T4 OF (V h1T11�J (2Ti5AJ 2*&Cf(OCATION: Z000 Mat "} , �-}y r�-}�'y.�4 O v► «£ � GIB PROJECT DESCRIP ION: t-VAL L SlEkS tAt C L 1'6,iL"rGS CONTRACT NUMBER: FEDERAL -AID PROJECT NUMBER: TOTAL CONTRACT AMOUNT: $ S. °±71 0 -1-719 FEDERAL SHARE (For local agency to complete)': $ BID DATE: i BIDDER'SNAME: f—,Mo SojL,DU-f, IL Jfc PS �r12ot1f, %i'�. CONTRACT TEM OF WORK AND DESCRIPTION BE Cert. No. ITEM NO. OR SERVICES TO BE ND EXPIRATION SUBCONTRACTED OR MATERIALS ATE O BE PROVIDED Z 6$® S tT'L lflDt '7— 10— ME OF DBEs ist be certified on the date bids opened - include DBE address phone number) LAR AMOUNT J PORTANT: Identify. all DBE firms being participating in the project, regardless of ... Total Claimed $ 'aj� p J`00 der. Names of the First Tier DBE Subcontractors and thew• respective:item(s) of work participation .. ;. fisted above should be consistent,where applicable, with the names and items of work in e "List —of Subcontractors submitted with your bid Provide copies of the DBEs uotes, and if applicable a copy. of joint venture agreements. vursuanE to the,: 10 ubcontractors"Listing Law and the Special Provisions 1. 'Enter DBE prime and subcontractors certification nuriibet. Pnme contractorsahall indicate all :work to be performed by DBEs including work performed by its _own Signature of idder forces. If 100% of item is not to be performed or furnished by DBE describe exact portion of a (d7 item to be performed or furnished by DBE. Date (Area _Code) Tel. No. 3. See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions . �� ' N pV AwA PiS 11�sr,�T (construction contracts); to determine how to count the participation of DBE firms. - . , Person to:Contact (Please Type or Print) Local Agency Bidder - DBE Information (Rev 5/01/06) 17 12/07/2007 12:13 3106791040 AVIS CaNST INC PAGE 02/04 Metropolitan Transp rotation Authosity One Gateway Plaza 213-922.2000 Tel Los Angeles, CA 90012.2952 metro.net nnetr . CALIFOR OA UNIFIED CERTIFICATION PROGRAMZ July 10, 2007 CUCP # 35680 Metro Fire # 4$76 Anyaga Johnson Avis Construction. Inc, 14311 Cerise Avenue, Suite 201 Hawthorne, CA 90260 RE: Disadvantaged Busine ss Enterprise Certification Dear Ms- Johnson: We are pleased to advise you that after careful review of your application and supporting documentation, the Los Angeles County Metrol olitan Transportation Authority (Metro) has determined that your firm meets the eligibility standards to be c ertif'ied as a Disadvantaged Business Enterprise (OBE) as required under the U-S. Department of Transl ortation (U.S. DOT) Regulation 49 CFR Part 26, as amended. Your DBE certification status will be hono ed by all of the U.S. DOT recipients In California. Your firm will be listed in the California Unified Cerlificat: m grogram (CUCP) database of certified DBEs under the following specific areas of expertise: NAICS 120021 Description Size Standard 213112 Suppc t Activities for Oil and Gas Operations $6.5 Million 237310 Highw, iy, Street and Bridge Construction $20.41 Million 238910 Site Pi eparation Contractors $13 Million Your DBE certification is gooc for five years from the date of this letter and applies only for the above NAICS 2002 codes- Request, for additional or revised NAICS 2002 codes most be made in writing to Metro. After the five-year o irtification period, your entire file will be reviewed in order to ascertain continued DBE certification ste tus. Prior to your firm's USE certification expiration date, Metro will send a letter to you requesting informs: Ron necessary to complete this review. The Regulations also require annual updates during this five-year period. In order to assure continuing DBE status, you must submit E inually a DBE Declaration with supporting documentation, in the format that will be sent to you. Based c n your annual submission that no change in ownership and control has occurred, or if changes have o :curr+ed, they do not affect your firm's ODE standing, the DBE certification of your firm will continue until the ive-year certification has explmd. Also, should any changes oc ;ur that could affect your certification status prior to receipt of the DBE Declaration, such as changes in your firm's name, business/mailing address, ownership, management or control, or failure to meet the applicable business size standards or personal net worth standard, please notify Metro immediately- You - DBE certification is subject to review at any time. Failure to submit forms and/or change of information u ill be deemed as failure to cooperate under §26.109 of the Regulations. Congratulations, and thank yot for your interest in the,CUCP Sincerely, �ong Certification Representative D.67rMrr, RhnF�OU- (l,r,n (.Npr.tYW.(r.• ,Yrxry,NiHr t-.vurwnf[ . Dr[.- 1)AliYrk Smell Dusnlcss Ceniricaiion Unit Qnc Cr(,tewft Platy. Mail Sr.p 99-13-5. Les AnRcks, CA 930722992 Plc 113-9a%-7(K1(1 Pal; 7.13-922-7660 City of Huntington Beach Business License P_O. Box 711 Huntington Beach, CA 92648-0711 METRO BUILDERS FAUAD HOUALLA 2610 AVON ST #A NEWPORT BEACH CA 92663 2 Business License Renewal Notice License Number A161662 SIC # 1520 Payment Due By 03/31/2= Expiration Date After Renewal Business Tax $142.50 Renewal Fee Total Paid $OAO Penalty Fee S0.00 Please pay total amount due $165.66 Review business information below and update if necessary. Return with payment if changes are made. Keep a copy for your records. Business Name Business Owner Business Address Mailing Address METRO BUILDERS License Number A161662 FAUAD HOUALLA 2610 AVON ST #A NEWPORT BEACH CA 92663 Website Phone / Fax (949) 515-4350 E-mail Social Security # XXX-XX-0000 Fed. Tax ID # 33-0284748 State to # 0 - - State Resale # Contractors State Contractor's # 597589 Class f1 # Owner/ Employees Full time 3 Part time (FTE) - Must agree with Federal / State Employment Tax return # Business Vehicles Under 1 ton 0 1 - 3 tons Over 3 tons Vehicle License Plate # s Coin operated machines Vending / Service 0 Bulk Vending 0 Music Amusement 0 Vending Machine Company Phone Alarm on premises (YM) If yes, Permit # (call 714-960-8805 for application) 1 hereby declare under penalty of perjury that the above statements are true. Signed Date Contractors that provide service to you regularly (attach list) Name Address Business License Renewal Notice RETURN WITH PAYMENT City of Huntington Beach P.O. Box 711 Huntington Beach, CA 92648-0711 Business License A161662 FOR BILLING OR Please INQUIRIES pay total amount due $165.66 PLEASE CHECK IF YOU ARE NO LONGER CALL (714) 536-5267 Enter your payment amount here Is DOING BUSINESS IN FAX (714) 536-5934 Payment Due By 03/31/2008 ENCLOSED TURN IN Huntington Beach City ENVELOPE. Hall at 2000 Main Street is the only authorized paying station. METRO BUILDERS CITY OF HUNTINGTON BEACH Make checks payable to: City of Huntington Beach BUSINESS LICENSE P.O. BOX 711 SIC # 1520 HUNTINGTON BEACH CA 92648-0711 4000000000000000000000❑❑00❑❑OQ00001616620000016566 V, THE AMERICAN INSTITUTE OF ARCHITECTS A!A Document A310 Bid Bond - KNOW ALL MEN BY THESE PRESENTS, THAT WE Metro Builders & Engineers Group, Ltd. 2610 Avon Street, Suite A, Newport Beach, CA 92663 as Principal, hereinafter called the Principal, and Western Surety Company 2355 E. Camelback Road, Phoenix, AZ 85016 a corporation duly organized under the laws of the State of South Dakota as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington 2000 Main Street, 2nd Floor, Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Bid Amount Dollars ($ 1 0%-------------------------------------------- ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for City Hall Seismic Upgrade, Cash Contract No. 1306 in the City of Huntington Beach NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obliqee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the biddinq or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof Between the amount specified in said bid and such larger amount fur which the Obligee may in good railh contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect - Signed and sealed this 1 st (Witness) Janis Theodore day of November Metro Builders & Engirlpers Group, Ltd. (Prirrci 13: Fouad Houalla resid t Western Surety Company F (Surety) 2007 (Seal) (Title) (Seal) Attomey-in-Fact V. Wager � (Title) Surety Phone No. 866 1-3309 A1.1 IXX:1!NIh:N'1',\310 IIIU BONI) AIA • NF:BKI:AKY 1970 h:D. • Mr ANIF:KICAN INS'I'1'rt II, OF ANCHI'1'EUFS, 173-5 N.Y. AVK. N.W., WASHING'I'ON, D.C. 20006 in Western Surety Company f POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Leslie Hahn, Jeffrey W Cavignae, James P Schabarum II, M Wager, Individually of San Diego, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 23rd day of October, 2007. F"�aEryw, WESTE SUR Y COMPANY fw'•pP qr`WM �v= z �R�1Sf F'V•�P a - `'k,ul 1. Bruflat, Senior Vice President State of South Dakota I ss County of Minnehaha On this 23rd day of October, 2007, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +Saa555yyays5yti ,ti55Sy5titi5 f D. KRELL r November 30, 2012 SEAL NOTARY PUBLIC SEAL r a SOUTH DAKOTA r �roySssy5h5�,tiS�,555a�,y55yy 4 D. Krell, Notary Public CERTIFICATE 1 7 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this I St day of November 2007, RE.• WESTERN SURETY COMPANY ��Q'4�pP Oqq f�oy; �N s �4TN OPK,�rFr �pNNW^' L. Nelson, Assistant Secretary Form F4280-9-2006 STATE OF California SS. COUNTY OF San Diego November 1, 2007 Janis E. Theodore, Notary Public On before me, PERSONALLY APPEARED M. Wager personally known to me(✓✓✓l�✓i�S(i✓�t'��oilz'Ei`iflet�Hdii�%�I�Fiii�✓ hV1#11W) to be the person(y+ whose name(,) is/are subscribed to the within instrument and acknowledged to me that AjIsheliftey executed the same in 1111/her/11#01authorized capacity(), and that by)Wv1her/1hW signature(/.1) on the instrument the personO, or the entity upon behalf q/which the person(,) acted, executed the instrument. WITNESS my hand and official seal. Si;nature OPTIONAL JANIS E. THEODORE COMM. #1453200 n U NOTARY PUBLIC-CALIFORNIA 0 U SAN DIEGO COUNTY n My Commission Expires NOVEMBER.24 2007 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(SI OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-1232 (REV. 5/01) ALL-PURPOSE ACKNOWLEDGEMENT MA-iL City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK February 13, 2008 Houalla Enterprises, Ltd. dba Metro Builders & Engineers Group Ltd, 2610 Avon Street, Suite A Newport Beach, CA 92663 Attn: Mr. Fouad Houalla Re: City Hall Seismic Upgrade Project — CC-1306 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 536-5437. Sincerely, 494() an L. Flynn, CMC City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate . Certificate of Compliances Bid Bond (original) Sister Ci�°5)�o'�4ijFSas�i�(a��tC� New Zealand ( Telephone: 714-536-5227 ) CONTRACTOR'S CERTIFICATE I, , state and certify that: (Name of Declarant) 1. - is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. , Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil- Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of .120 (Signature of Declarant) APPROVED AS TO FORM By: 1 -7/6 Name: [Type Name] Title: [Type Title] 245914.1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246,, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor- also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of'pedury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20_, at , California. (Type Contractor Name) By: A-P"VED AS Name: [Type Name] Title: [Type Title] E 1 IF R n A 0RNEX a JL) 1 245911.1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project') hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit 'requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 20_, at (Type Contractor Name) California. By: Name: [Type Name] Title: [Type Title] AS TOEop E M_��� �f 110r CITY ATTORNEY 1 -TUs 03- 0b - tslo 247542.1 RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari F eidenrich, City reasureerr FROM: C�J/-n�o v DATE: k t SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved D (Council Ap roval Date) (Company Name) 9fi yQ Agenda Item No City Clerk Vault No. r A #27 g1followup/bondletter.doc Fyocuted in Duplicate PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: Bond No.58647881 Preimum: $47,550.00 Premium is for Contract Term and is Subject to Adjustment Based on Final Contract Amount WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, by written agreement dated 20 _ _, entered into a contract with Metro Builders & Engineers Group, Ltd. 2610 Avon Street Ste A, Newport Beach CA 92663 _ (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: City Hall Seismic Upgrade Project Cash Contract-1306 (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in hall. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract, NOW THEREFORE, we, the undersigned, as Principal, and Western Surety Company 2355 E. Camelback Road Suite 500 Phoenix AZ 85016 (name and address of Surety) (a duty admitted surety insurer under the laws of the State of California and hereinafter referred to as 'Surety"), as Surety, are held and firmly bound unto City in the penal sum of Five Million Nine Hundred Four Thousand Eight Hundred ThirtyFight and Nn /1nnthc Dollars ($ 5,904,838.00---------- ), this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the united States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees") from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract time or contract price, and 2775911 PERFORMANCE BOND Page 1 of 2 Bond No. 58647881 any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such parry'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: Janaury 14, 2008 ATTEST (Corporate Seal) Metro Builders & Engieering Group, Ltd. ATTEST Western Surety Company (Corporate Seal) (Sur ty Name) By: Name: M. Wager, Attorne -Fact (Sig ature of Attor -in-Fact for Surety) (Attach Attorney -in -Fact Certificate) 6( 02 )212-3216 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY 0 UNTINGTON BEACH � c By' 'ennifer Math ity Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attomey-ln-fact must be attached. 7.77591.1 PERFORMANCE BOND Page 2 of 2 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Leslie Hahn, Jeffrey W Cavignac, James P Schabarum II, M Wager, Janis Theodore, Individually of San Diego, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 2nd day of January, 2008. WESTERN SURETY COMPANY WPjoQ,POggj�a'; J`�>H Opµolpr. Paul .Bruflat, Senior Vice President State of South Dakota I ss County of Minnehaha On this 2nd day of January, 2008, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + r D. KRELL r November 30, 2012 l s AEAE L NOTARY PUBLIC 3^EAL i SOUTH DAKOTA > �titi by 4S 44ti 44h5tititiYtitititiYti D. Krell, No ary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this 14th day of Ja ni to ry 2008 WESTERN SURETY COMPANY tiCOss-_ _3�"P�p pOggrtiae a; test i >N DpK • L. Nelson, Assistant Secretary Fonn F4280-09-06 Authorizing By -Law _ ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } County of San Diego J On January 14, 2008 before me, J. E. Theodore, Notary Public Date Here Insert Name and Title of the Officer personally appeared M. Wager Ni of Signers) J. €. 7HEODORE V COMM. #1776730 o y� NOTARY PUBLIC-CALIFORNIAW U SAN DIEGO COUNTY 0 My Commission Expires NOVEMBER 24 2011 who proved to me on the basis of satisfactory evidence to be the person(,;) whose name(,$) is/f'l subscribed to the within instrument and acknowledged to me that /she/tflill executed the same in Yitslherlt'Ytil authorized capacity(/,d,5), and that by Ws/her/ftir signature() on the instrument the person(), or the entity upon behalf of which the person(t) 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 h offi al. Signature Place Notary Seal Above aiure7ofNo�tary Pubic OPTIONA Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: ❑ Individual ❑ Corporate Officer --- Title(s): ❑ Partner — ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s) _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2007 National Notary Association • 9360 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item 95907 Reorder: Call Toll -Free 1.800-876-6827 Executed in Duplicate Bond No. 58647881 PAYMENT BON® Premium is Included in the Performace Bond (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to Metro Builders & Engineers Group Ltd. _— 2610 Avon Street Ste A Newport Beach CA (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows: City Hall Seismic Upgrade Project Cash Contract-1306 (project title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and 2355 E. Camelback Road. Phoenix, AZ 85016 Western Surety Company (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of Five Million Nine Hundred Four Thousand Eight Hundred Thirty Eight and No./100ths dollars, ($ 5,904,838.00--------------- ------ ), this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, 2775891 PAYMENT BOND Page 1 of 2 Bond No. 58647881 extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate parry 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: January 14, 2008 ATTEST (Corporate Seal) ATTEST (Corporate Seal) Metro Builders & Engineering Group, Ltd. Western Surety Company By: Name) (Signature of Attor6ek-in-Fact for Surety) 6(. 02 )212-3216 (Attach Attorney -in -Fact Certificate) (Area Code & Telephone Number of Surety)` APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH By/V - M.t ennifer Mc rath ity Attorney Sh 5l66 !Vote: This bond must be executed In duplicate and dated, all signatures must be notamed, and evidence of the authority of any person signing as attomeyan-fact must be attached. 217519.1 Page 2 of 2 PAYMENT BOND Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Leslie Hahn, Jeffrey W Cavignac, James P Schabarum II, M Wager, Janis Theodore, Individually of San Diego, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 2nd day of January, 2008. WESTERN SURETY COMPANY ��,� opPOggl,;a �f�sEAy.1P / Paul . Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 2nd day of January, 2008, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires } J D. KRELL l November 30, 2012 i S AE NOTARY PUBLIC E43 L r r SOUTH DAKOTA r +44MYti+44 ti4 titi�sYtih4tiYti54Y � D. Krell, No ary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this I 4t:h day of japUaLcy 2nnA punuw S°RET11 `�,, WESTERN SURETY COMPANY ti"P/ Pp 0 cot g =W:4� j�iDF f�Tll DPAP•` <--- - L. Nelson, Assistant Secretary Forrn F4280-09-06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . iS fit•+a.Xrd'+�.xaLi. sk v+ t .i rd ; n �' N t € .. '1. <.�5.,. 4 i { ,_i.£Zfq:F; i ti 'ey. p•. -, ! i i3. .�,t ,xrfil� aa« e "'a1 '.Yr �t -'. STATE OF CALIFORNIA County of San Diego On January 14, 2008 before me, J. E. Theodore, Notary Public Dale Here Insert Name and Title of the Officer personally appeared M. Wager Name(s) of Signer(s) J. E. THEODORE COMM. #1776730 0 NOTARY PUBLIC CALIFORNIA� u! SAN DIEGO COUNTY �; My Commisston Expires NOVEMBER 24, 2011 who proved to me on the basis of satisfactory evidence to be the person(k) whose name(8) isl&b subscribed to the within instrument and acknowledged to me that*/she/11 oy executed the same in YfYslherli'YYbYr authorized capacity(Aa), and that by )*/her/tioir signature(/) on the instrument the person(/s), or the entity upon behalf of which the person(t) 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 d a offici e . s Signature �. Place Notary Seal Above Si re of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer -- Title(s):_ ❑ Partner — ❑ Limited ❑ General n Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item 115907 Reorder: Call Toll -Free 1-800.876-6827 ` Su ity INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST Hunti �h® 1. Requested by: Duane Wentworth 2. Date: January 30, 2008 3. Name of contractor/permittee: Metro Buildersand Engineers, LTD 4. Description of work to be performed: CC 1306-Seismic Retrofit of City Hall 5. Value and length of contract: $5,904,838.00 6. Waiver/modification request: Allow 10,000.00 Deductable on Liability Insurance 7. Reason for request and why it should be granted: There are more than sufficient retention funds withheld to cover the deductible 8. Identify the risks to the City in approving this waiver/modification: None. 1 Departnient Head Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Ad trator's Office is only required if Risk Managem ,nt and the City At ey's Offic is 1. is Management Approved ❑ Denied ll/ Sig re to 2.- City Attorney's Office Ap oved ❑ De YV) - Signature Date 3. City Administrator'kdffice ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services Waiver Form 1/30/2008 11:51:00 AM a ' ACORD,. CERTIFICATE OF LIABILITY INSURANCE OP ID DP DATE(MMIDDIYYYY) METRO-5 01 29 08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Cavignac & Associates HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 450 B Street, Suite 1800 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW San Diego CA 92101-3547 Phone: 619-234-6848 Fax: 619-234-8601 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Prop Cas Co of Amer 25674 INSURER B: Westchester Fire Insurance Co. 21121 HOualla Enterprises, Ltd. dba: Metro Builders & Engineers Group Ltd. 2610 .von Street Newport Beach CA 92663-4730 INSURER C: Steadfast Insurance Company omP y 26387 INSURERD: Travelers Indemnity Cc of Conn 25682 INSURER E: CUVtKAUtS THE 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, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TRSR LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE Fx_1 OCCUR DTEC07639L491TIL07 11/11/07 11/01/08 -DAWACE=RIEFUGL� PREMISES (Ea occurence) $300,000 MED EXP (Any one person) $ 5,000 X PD Ded $10,000 PERSONAL & ADV INJURY $ 1,000,000 CCNCRAL ACCRCCATC s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X JECOT LOC Ben 1,000,000 D X AUTOMOBILE X LIABILITY ANY AUTO BA7639L49107CNS 11/11/07 11/01/08 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS APP ED AS 0Z BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Por ar. cidont) $ alev GARAGE LIABILITY ANY AUTO I V /' AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: ACG $ $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 4 , O00 , O00_ B X OCCUR CLAIMSMADE G2201674AO01 11/11/07 11/01/08 AGGREGATE $ 4,000,000 $ DEDUCTIBLE X RETENTION $ 10 , OOO $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? DTEUB7639L49107 12/01/07 11/01/08 X IT O'RY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER A Builders Risk QT6606071C715TIL07 06/01/07 06/01/08 Max Limit 5,000,000 C Prof Liab EOC925912400 03/21/07 11/01/08 Limiit 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDEDBYENDORSEMENT I SPECIAL PROVISIONS RE: CC-1306- City Hall Seismic Upgrade Project; Cash Contract - 1306. The City of Huntington Beach, its officers, elected or appointed officials, employees,agents and volunteers are named additional insured as respects general liability per CGD2010 10/01 & CG2037 10/01 and auto per CA2048 02/99. Defense Professional Liability - (Cont) UtK I WIUA l t HULUtK L;ANL;tLLA I lUN City of Huntington Beach Risk Management Division 2000 Main Street Huntington Beach CA 92643 (ZUU1/US) CITYH-3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOP DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE'CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AN$ Claims made form; Aggregate costs included within limit of,liability. $25";000.deductible applies..,Builders Risk - $10,000 ded applies. 10 days notice -of cancellation for non-payment of -premium. -REPLACES & SUPERSEDES CERTIFICATE DATED 12/10/07. POLICY NUMBER: COMMERCIAL GENERAL LIABILITY ISSUE DATE: - - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: RE: CC-1306 - city Hall Seismic Upgrade Project City of Huntington Beach, its offers' Cash Contract - 1306 elected or appointed officials, employees, agents and volunteers. (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 with respect to liability arising out of your ongoing operations per- formed 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 in- jury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the site of the covered op- erations 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 or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 © ISO Properties Inc., 2000 Page 1 of 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: ISSUE DATE: - - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach, its officers, elected or appointed officials, employees agents and volunteers Location And Description of Completed Operations: RE: CC-1306 - City Hall Seismic Upgrade Project Cash contract - 1306 Additional Premium: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work at the location designated and described in the schedule of this endorsement performed for that Insured and Included In the "products -completed operations hazard". CG 20 37 10 01 © ISO Properties Inc., 2000 Page 1 of 1 POLICY NUMBER: BA7639L49107CNS COMMERCIAL AUTO ISSUE DATE: 11/11/07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied 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. SCHEDULE Name of Person(s) or Organization(s): Any person or organization that you are required to include as an additional insured on this Coverage Form in a written conlrdcl or dyreenierd lhdl is signed -and executed by you before the "bodily injury" or "properly damage" occurs and that is in effect during the policy period. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1008 Page 1 of 1 C.t31G� - CHAPTER FIVE SPECIFICATIONS FOR COMMON SITUATIONS EXHIBIT2 Insurance Requirements For Contractors (With Construction Risks) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office (ISO) Commercial General Liability coverage (occurrence Form CG 00 01) or ISO form (Form CG 00 09 11 88 Owners and Contractors Protective Liability Coverage Form — Coverage for Operations of Designated Contractor 2. Insurance Services Office Form CA 00 01 covering Automobile Liability, Code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Builder's Risk (Course of Construction) insurance covering all risks of loss less policy exclusions. 5. Surety bonds as described below. 6. Professional Liability (if Design/Build). Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liability: $1, 000,000 per occurrence:.-- for bodily injury, (Including operations, (please —note� personal_injury.and.propertydamage If products and completed ,that llmits; of -'.Commercial -General -Liability. insurance_: operations.) _nog: form, less: than —tor other with a. general •aggregate. $5: 000- 000-1-t limit_- is_- used;-.- - eitherthe- general Y�oftew aggregate-limit_shall_apply separately -to.., racomm®nded): ,,this_ projectAocation._ or the— -generaF aggregate, - limit_: -shall_ be twice , the- required occurrence:limit.% 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: As required by the State of California Insurance Requirements in Contracts Eftan. January 2007 M. [ti eu1mMe MA CeM.. . .I Z CHAPTER FIVE SPECIFICATIONS FOR COMMON SITUATIONS 4. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 5. Builder's Risk: Completed value of the project with no coinsurance penalty provisions. 6. Professional Liability: $1,000,000 as needed for design/build. Deductibles and Self -Insured Refenfions Any deductibles or self -insured retentions must be declared to and approved by the entity. At the option of the entity, either (a) the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the entity, its officers, officials, employees and volunteers or (b) the Contractor shall provide a financial guarantee satisfactory to the entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The entity, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractors insurance, or as a separate owners policy. 2. For any claims related to this project, the Contractors insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees, or volunteers shall be excess of the Contractors insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Entity. 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. Insurance R,-quiremenfs in Confrads 37 Edition: January 2007 CHAPTER FIVE SPECIFICATIONS FOR COMMON SITUATIONS Bui/cLar's Risk (Course of Construction) Insurance Contractors may submit evidence of Builder's Risk insurance as evidence of course of construction coverage. The insurance protects the parties to the agreement from financial loss during the construction process. There may be multiple parties that have a financial interest in the process and may include the owner of the project, lenders, and contractors. You must review the policy language provided for termination events such as substantial completion, owner occupancy, and full completion. These times and dates will be important to coordinate with your existing property policies to guarantee that no gaps in coverage will occur. Builder's Risk policies shall contain the following provision: ✓ The entity shall be named as loss payee. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors or Omissions coverages are written on a claims -made form: 1. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. 3. if coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work. 4. A copy of the claims reporting requirements must be submitted to the entity for review. 5. If the services involve lead -based paint or asbestos identification/remediation, the Contractors Pollution Liability shall not contain lead -based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability shall not contain a mold exclusion, and the definition of "pollution" shall include microbial matter including mold. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable by entity. Please review the earlier discussion on the decision to use only California admitted insurers. Verification of Coverage Contractor shall furnish the entity with original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the entity or on other than the entity's forms, provided those Insurance Requirements in Contracfs Edition: January 2007 0 CJSPW 7.- CHAPTER FIVE SPECIFICATIONS FOR COMMON SITUATIONS endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the entity before work commences; however, failure to do so shall not operate as a waiver of these insurance requirements. The entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at anytime. Waiver of Subrogation Contractor hereby agrees to waive subrogation which any insurer of contractor may acquire from contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. The workers' compensation policy shall be endorsed to contain a waiver of subrogation in favor of the entity for all work performed by the contractor, its agents, employees, independent contractors and subcontractors. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. Al coverages for subcontractors shall be subject to all of the requirements stated herein. Bonds Public construction projects require the use of bonds to ensure performance by the contractor, to assure that the goods and services are being provided, and to guarantee the bid as submitted. Surety companies carefully underwrite applicants for bonds by examining the contractor's management structure and financial strength, and its ability to undertake and complete the job. Thus, the requirement for surety bonds may also serve to eliminate incompetent contractors from the bid process. There are three primary elements (the three "Cs") involved in surety bond prequalification: capital, capacity, and character. Capital refers to the financial strength of the contractor and the financial ability to complete the project. Capacity is the ability of the contractor to perform based on the requirements of the agreement. Character addresses the references and reputation of the contractor. These three "Cs" provide a form of guarantee that the contractor will perform. You should check with your legal counsel to determine which bonds should be included in the bid documents. Surety Bonds Contractor shall provide the following surety bonds: Bid Bond; Performance Bond; and Payment Bond Insurance Requirernents in Contracts Edgion. January 2D07 ME List of Eligible Surplus Line Insurers (LESLI) Page 1 of 5 �X11'FI►"1111 Insurers Overview / Insurers / Bulletins & Notices / List of Eligible Surplus Line Insurers (LESLI) Enter Search Te Insurers Overview CONSUMERS: LIST OF ELIGIBLE SURPLUS LINE SUPPLIERS (LE: Insurers Please use the "FIND" option in the "EDIT" menu of your browser to searcl Applications, Forms & particular company. Filings Bulletins & Notices List of all Lloyds of London Syndicates approved for the LESLI list Programs Officially Filed Reports of AS OF : January 8, 2008 Examination Legal Information INSURER API Data & Reports COIN Acceptance Casualty Insurance Company (Nebraska) 10, P&C Rate Filing ACE European Group Limited (U.K.) 06, Admiral Insurance Company (Delaware) 06/ Adriatic Insurance Company (North Dakota) 06/ AIG Excess Liability Insurance Company Ltd. (Delaware) 12/ Quick Links (Name changed from Starr Excess Liability Insurance, Limited effective 07/31/07) -For Insurers : Allianz Global Corporate & Specialty AG (Germany) 06, (Name Changed from Allianz Marine & Aviation Versicherungs-AG effective 07/28/2006 Allied World National Assurance Company (New Hampshire) 12/ (Name changed from Newmarket Underwriters Insurance Company effective 10/03/2007) American Empire Surplus Lines Insurance Company (Delaware) 09/ American International Specialty Lines Insurance Company (Alaska) 06/ American Safety Indemnity Company (Oklahoma) 11, (Name changed from Trafalgar Insurance Company effective 04/10/2000 American Vehicle Insurance Company (Florida) 10, American Western Home Insurance Company (Oklahoma) 09, Arch Specialty Insurance Company (Nebraska) 09, (Name changed from Rock River Insurance Company effective 08/01/2002) (Domicile changed from Wisconsin to Nebraska effective 12/28/2006 Aspen Insurance UK Limited (U.K.) 12, Aspen Specialty Insurance Company (North Dakota) 03/ (Name changed from Dakota Specialty Insurance Company, effective 10/22/2003) Associated Electric & Gas Insurance Services Limited, (Bermuda) 11/ Aviva International Insurance Limited (U.K.) 12, (Name Changed from CGU International Insurance PLC effective 09/01/2006) AXA Corporate Solutions Assurance (France) 08/ http://www.insurance.ca.gov/O250-insurers/O300-insurers/O200-bulletins/eligible-surplus-li... 1 /30/2008 List of Eligible Surplus Line Insurers (LESLI) Page 2 of 5 (Name changed from Connecticut Specialty Insurance Company effective 02/28/2003) AXIS Specialty Europe Limited (Ireland) 06 AXIS Surplus Insurance Company(Illinois) 12/ (Name changed from Sheffield Insurance Corporation effective 06/09/2003) The British Aviation Insurance Company Limited (UK) 12/ Burlington Insurance Company (North Carolina) 11/ Capitol Indemnity Corporation (Wisconsin) 06/ Catlin Insurance Company UK Limited (U.K.) 04, Catlin Specialty Insurance Company (Delaware) 06, (Name changed from Wellington Specialty Insurance Company effective 03/31/2007 Century Surety Company (Ohio) 09/ Chubb Custom Insurance Company (Delaware) 08/ Clarendon America Insurance Company (New Jersey) 09/ Colony Insurance Company (Virginia) 09/ Colony National Insurance Company (Virginia) 12/ (Name changed from Preferred National Insurance Company effective 04/01/2002) Columbia Casualty Company (Illinois) 07/ Commonwealth Insurance Company (Canada) 10/ Crum & Forster Specialty Insurance Company (Arizona) 04/ (Name changed from Transnational Insurance Company effective 12/26/2000. Domicile changed from Connecticut to Arizona effective 02/12/2002.) Darwin Select Insurance Company (Arkansas) 12/ (Name changed from ULICO Indemnity Company effective 05/02/2005) Discover Specialty Insurance Company (Illinois) 12/ Empire Indemnity Insurance Company (Oklahoma) 12/ Endurance American Specialty Insurance Company (Delaware) 02/ (Name changed from Traders & Pacific Insurance Company effective 06/08/2006) Energy Insurance Mutual Limited (Barbados) 12/ Essex Insurance Company (Delaware) 07/ Evanston Insurance Company (Illinois) 08/ Everest Indemnity Insurance Company (Delaware) 08/ Executive Risk Specialty Insurance Company (Connecticut) 09/ Fireman's Fund Insurance Company of Ohio (Ohio) 05/ First Mercury Insurance Company (Illinois) 10/ First Specialty Insurance Corporation (Missouri) 09/ Founders Insurance Company (Illinois) 10, Gemini Insurance Company (Delaware) 02/ General Security Indemnity Company of Arizona (Arizona) 09/ (Name changed from Fulcrum Insurance Company effective 05/03/2002) General Star Indemnity Company (Connecticut) 08/ Generali Assurances IARD (France) 12/ (Name changed from Generali France Assurances, effective 8/24/2004) Genesis Indemnity Insurance Company (North Dakota) 08/ Glencoe Insurance Limited (Bermuda) 07/ http://www.insurance.ca.gov/O250-insurers/O300-insurers/O200-bulletins/eligible-surplus-li... 1 /30/2008 List of Eligible Surplus Line Insurers (LESLI) Page 3 of 5 Gotham Insurance Company (New York) 08/ Great American E&S Insurance Company (Delaware) 06/ (Name changed from Agricultural Excess and Surplus Insurance Company, effective 07/27/2000) Great American Fidelity Insurance Company (Delaware) 09/ (Name changed from American Dynasty Surplus Lines Insurance Company, effective 06/27/2001) Great Lakes Reinsurance (UK) PLC (UK) 12/ Gulf Underwriters Insurance Company (Connecticut) 07/ (Domicile changed from Missouri to Connecticut, effective 10/01/2001) Health Care Indemnity, Inc. (Colorado) 03/ Heddington Insurance (UK) Limited (UK) 11/ Homeland Insurance Company of New York (New York) 09/ Houston Casualty Company (Texas) 09/ Hudson Specialty Insurance Company (New York) 11/ (Name changed from General Security Indemnity Company effective 12/29/03) Illinois Union Insurance Company (Illinois) 12/ Indian Harbor Insurance Company (North Dakota) 12/ Integon Specialty Insurance Company (North Carolina) 11/ International Insurance Company of Hannover Limited (UK) 09/ Interstate Fire & Casualty Company (Illinois) 10/ James River Insurance Company (Ohio) 08/ (Name changed from Fidelity Excess and Surplus Insurance Company effective 07/07/03) Landmark American Insurance Company (Oklahoma) 09, Lantana Insurance Ltd. (Bermuda) 09, Lexington Insurance Company (Delaware) 07/ Liberty Mutual Insurance Europe Limited (U.K.) 10/ (Name changed from Liberty Mutual Insurance Company (U.K.) Limited effective 10/21/03) Liberty Surplus Insurance Corporation (New Hampshire) 12/ Lloyds of London Syndicates (Click here for a separate list of all Lloyds Syndicates approved for the LESLI list.) London & Edinburgh Insurance Company Limited (UK) 12/ The Marine Insurance Company Limited (UK) 11/ Markel International Insurance Company Limited (U.K.) 10/ (Name changed from Terra Nova Insurance Company Limited, effective 11/04/2002) Maxum Indemnity Company (Delaware) 09/ (Name changed from Caliber One Indemnity Company, effective 01/02/2003) Mitsui Sumitomo Insurance Company, Limited (Japan) 12/ (Name changed from Mitsui Marine and Fire Insurance Company, Limited, effective 10/1/2001) Mount Vernon Fire Insurance Company (Pennsylvania) 04/ Mt. Hawley Insurance Company (Illinois) 10/ (Domicile changed from Delaware to Kansas, effective 12/20/95. Domicile changed from Kansas to Illinois effective 4/2.1/1999) National Fire & Marine Insurance Company (Nebraska) '06/ Nautilus Insurance Company (Arizona) 08/ Navigators Specialty Insurance Company (New York) 12, http://www.insurance.ca.gov/0250-insurers/O300-insurers/O200-bulletins/eligible-surplus-li... 1 /30/2008 List of Eligible Surplus Line Insurers (LESLI) Page 4 of 5 Noetic Specialty Insurance Company (Illinois) 09/ (Name changed from Coregis Indemnity Company effective 11/07/2001) North American Capacity Insurance Company (New Hampshire) 08/ Northfield Insurance Company (Iowa) 06/ (Domicile changed from Missouri to Iowa, effective 1/01/2002) Nutmeg Insurance Company (Connecticut) 06/ The Ocean Marine Insurance Company Limited (UK) 12/ j Pacific Insurance Company, Ltd. (Connecticut) 09/ Penn -Star Insurance Company (Pennsylvania) 11/ Philadelphia Insurance Company (Pennsylvania) 02/ Praetorian Specialty Insurance Company (Delaware) 12/ (Name changed from Alea North America Specialty Insurance Company effective 10/02/2006) Princeton Excess and Surplus Lines Insurance Company (Delaware) 02/ ProNational Insurance Company (Michigan) 10/ QBE Insurance (Europe) Limited (U.K.) 01/ (Name changed from QBE International Insurance Limited, effective 09/30/2005) QBE Specialty Insurance Company (North Dakota) 08/ Rockhill Insurance Company (Arizona) 09/ (Name changed from United Coastal Insurance Company, effective 11/22/2005) SAFECO Surplus Lines Insurance Company (Washington) Savers Property and Casualty Insurance Company (Missouri) Scottsdale Insurance Company (Ohio) Sececa Specialty Insurance Company (Arizona) Shelter Reinsurance Company (Missouri) Sirius International Insurance Corporation (Sweden) SR International Business Insurance Company Limited (UK) St. Paul Surplus Lines Insurance Company (Delaware) Steadfast Insurance Company (Delaware) Sunderland Marine Mutual Insurance Company Limited (UK) Swiss Re Specialty Insurance (U.K.) Limited (Name changed from GE Specialty Insurance (U.K.) Limited, effective 9/29/2006) T.H.E. Insurance Company (Louisiana) Through Transport Mutual Insurance Association Limited (Bermuda) TM Specialty Insurance Company (Arizona) Travelers Excess and Surplus Lines Company (Connecticut) (Name changed from Aetna Excess & Surplus Lines Company, effective 7/1/97) Tudor Insurance Company (New Hampshire) Underwriters at Lloyds (London) See also Lloyds of London listings. United National Insurance Company (Pennsylvania) USF Insurance Company (Pennsylvania) Voyager Indemnity Insurance Company (Georgia) Westchester Surplus Lines Insurance Company (Georgia) 10/ 06/ 06/ 02, 10, 02/ Iis�� 2 a� ' •lot • . 09/ 11/ 12/ 06/ 07/ 12/ 07/ 09/ 12/ 06/ http://www.insurance.ca.gov/0250-insurers/0300-insurers/0200-bulletins/eligible-surplus-li... 1 /30/2008 List of Eligible Surplus Line Insurers (LESLI) Page 5 of 5 Western Heritage Insurance Company (Arizona) 09/ Western World Insurance Company (New Hampshire) 06/ Back to Top © 2008 California Department of Insurance Privacy Policy ADA Compliance Site Map Free Document Readers 1 http://www.insurance.ca.gov/O250-insurers/O300-insurers/O200-bulletins/eligible-surplus-li... 1 /30/2008 Company Profile Page 1 of 2 Company Profile TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA ONE TOWER SQUARE, 4MN TRAVELERS / Mary T. Restelli HARTFORD, CT 06183 800-252-4633 Former Names for Company Old Name: TRAVELERS INDEMNITY COMPANY OF ILLINOIS Effective Date: 01-12-2005 (THE Agent for Service of Process KAREN HARRIS, 2730 GATEWAY OAKS DRIVE SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 25674 NAIC Group #: 3548 California Company ID #: 2495-0 Date authorized in California: April 16; 1982 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: CONNECTICUT Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossa AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY " FIRE LIABILITY MARINE MISCELLANEOUS http://interactive.web.insurance-.ca.gov/webuser/idb_co_Prof utl.get_co_prof?p_EID=6233 1/30/2008 Company Profile Page 2 of.2 PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - December 11, 2007 03:32 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof utl.get_co_prof?p_EID=6233 1/30/2008 Company Profile Page 1 of 2 Company Profile WESTCHESTER FIRE INSURANCE COMPANY 436 WALNUT STREET PHILADELPHIA, PA 19106 800-982-9826 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 21121 0626 0235-2 December 14, 1874 UNLIMITED -NORMAL Property & Casualty NEW YORK Dines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the lg ossaU. r AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS http://interactive.web.insurance.ca.gov/webuser/idb_co_prof utl.get_co_prof?p_EID=2756 1/30/2008 Company Profile Page 2 of 2 SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - December 11, 2007 03:32 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof ud.get co_proPp_EID=2756 1/30/2008 Company Profile Page 1 of 2 Company Profile TRAVELERS INDEMNITY COMPANY OF CONNECTICUT (THE) ONE TOWER SQUARE, 4MN TRAVELERS / Mary T. Restelli HARTFORD, CT 06183-1190 800-252-4633 Former Names for Company Old Name: TRAVELERS INDEMNITY COMPANY OF RHODE Effective Date: 09-12-1995 ISLAND (THE) Old Name: EQUITABLE FIRE AND MARINE INSURANCE Effective Date: 10-08-1971 COMPANY Agent for Service of Process KAREN HARRIS, 2730 GATEWAY OAKS DRIVE SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 25682 NAIC Group #: 3548 California Company ID #: 0056-2 Date authorized in California: June 28, 1890 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: CONNECTICUT Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossa ry. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY DISABILITY FIRE http://interactive.web.insurance.ca.gov/webuser/idb_Co_prof utl.get_co_prof?p_EID=2649 1/30/2008 n Company Profile Page 2 of 2 LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - December 11, 2007 03:32 PM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_Co_prof utl.get_co_prof7p_EID=2649 1/30/2008 Unsuccessful Bids City Hall Seismic Retrofit City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERIC February 27, 2008 Nlepco Services, Inc. 9634 Washburn Road, Unit B Downey,CA 90241 RE: CC-1306 — City Hall Seismic Retrofit Enclosed please find your original bid bond for CC-1306. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure g:/followu p/cashcont/returnbidbond. doc procedure #13 Sister Cities: Anjo, Japan • Waitakere, New Zealand ( Telephone: 714-536-5227 ) Mepco Services, Inc. 9634 Washburn road, Unit P Downey, CA 907.41 Ph (562) 803-9499 Fm (562) 803-9599 IV 2007 NOV - 7 AM 1 < 13 f'l, G L SECTION C PROPOSAL for the City Hall Seismic Upgrade 2000 Main Street Huntington Beach, California 92648 INTO CASH CONTRACT No. 1306 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY ofthe guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda. No. Date Received Bidder's Signature: n I -Ah i ev-, -- C-2 PROJECT BI]D SCHEDULE City Hall Seismic Upgrade 2000 Main Street Huntington Beach, California 92648 CASH CONTRACT No. 1306 NOTE: The basis for award will be the Base Bid item only. Alternate bid items may be awarded at the discretion of the City. Failure to bid on all items will constitute a non- conforming bid. Bid Item Bid Amount BASE BID — Basis of Award Total Base Bid Amount in Words: Base Bid: Total project excluding any Additive Bid Items as �X w tkl °t'l -VK 4.er- outlined below. The Base Bid will be the Basis of Award. Note: The project includes proprietary equipment— Buckling Restrained �� 0 N Braces (specification section 05125). The sole source manufacture (Mitsui Steel, Inc.) has been contacted and has agreed to a price of $186,519.00 for the Buckling Restrained Braces. The General Contractor shall contact Mitsui Steel, Inc. for confirmation of actual CYo BOO %, 3 �� costs and include this in the base bid amount. norrdYs: ($ Additive Bid Items Additive Bid Items will be added to the Base Bid at the City's sole option. All mobilization costs shall be included in the Base Bid only. Bid amounts for 3 Additive Bid Items are to be listed as positive amounts to be added to the Base Bid should the City choose to take the additive item described. All Additive Bid items are described in detail in the Construction Drawings. All equipment, material, and labor Additive Bid Amount in Words: associated with the architectural A-tk) o I-1 UA\, 'L�� EF4- Additive Bid Item cladding and finishes for all external AD#1 braces as indicated in the project documents. Dollars: ($ 53 Coo, All equipment, material, and labor Additive Bid Amount in Words: associated with the ground floor patio 9 d'NiD iZ D 5 Additive Bid Item and handrail extension as indicated in D 1i�1/A,�j_� AD#2 the project documents. "f Dollars: ($ pZ(p� i Total Bid Amount in Words: TOTAL BID AMOUNT (Base Bid plus Additive Bid Items) Total Bid Amount shall be ��X Nill; / '^ L //(A/0 6 JY2 . indicated both with words and with numerals in boxes provided to the right. j Dollars: ($ f /70-5 C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion of Work (0) Name of Subcontractor and Address Division of Work State License Number Class 'k ri C l G rR. C O LQ „l 'E' C' l Cko m /a ao stet ?v;�DEE41L LV ou//v s-rIzJcwlt� s '� I '3 f)/ems G 5 1. a /o k4 R-\J A'\J C,p N {-{U l C ,° o tv c�- i�f I�JC; ��0�'%OnrA- � c•� � � /-N, , l& Gc2i , - °� C-_e'E(_ c����,��t P�As���n u� 04V-VN w �`Y �(a4��'7L.1ruC 85-; L4 C 3 leef-s�. FJ�P Sy14S� yy�� 1/ By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 1 i ♦ !1 16 • I` _ i l' i= _Ili State of California ss. County of Orange ,� ; tS i, being first duly sworn, deposes and says that he or she is'TR A J,�,rw� of MOCD . the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. C•�SvL Name of Bidder State Of California, County of_ Signature of Bidder Subscribed and sworn to�orj before me d of, 20=by r or proved toon the ry t ' / 'J& f1 3,� �� �N basis of satisfactoevidence to be the person( �b3� WT'r3K Q � � � � ''" • �~�T who appeared before me. Signature: Address of Bidder Subscribed and sworn to before me this 5 day of ltlg ew,r ey , 20 p7 NOTARY PUBLIC C%L/(iC NOTARY SEAL CASSIDY SUMMERS Fes- COMM. #1763163 C_5 U NOTARY PUBLIC . CALIFORNIA i� ORANGE COUNTY O C0O My COMM. Expires August 23, 2011 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 City Hail Seismic Upgrade (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. I rr Date: (/. b _ Do Contractor By Title C-6 BIDDER'S QUAJLIFICATION STATEMENT CERTIFICATION: Due to high level of importance of this Project to the City of Huntington Beach as well as the emphasis the City places on the welfare and safety of the public, minimum qualifications have been established for this contract. All bidders must fill out the form listed below with the appropriate reference information. The undersigned bidder certifies as follows: 1. As a licensed A or B Contractor, Bidders must have,a minimum of five (5) years experience in successfully completing contracts of a similar nature (public or private buildings), size, and contract amount to that for which he is submitting this bid. "I certify that i'nT�0 efk) LWS, ZQ.(bidder's firm name) as a licensed A or B Contractor has been successfully completing contracts of a similar nature, type, size, and contract amount to that for which I am submitting this bid for a period of _ years." 2. As the Prime Contractor, Bidders must have successfully completed three contracts of $4,000,000 or more in bid contract value for similar facilities (public or private buildings including Office Buildings, Fire Stations, Maintenance Facilities, Libraries, Courthouses, City Halls, Higher Education Facilities or other similar buildings) within the last five (5) years. List three appropriate contracts below: Project l: Project Description:�&cd Ppderh izaC ibn �clwnuldi b Y-ad�b , Cr X� ,eAe Vzwv-,p 5, -5. W UCo vw 54,ee� , 14arct►eA,&) roog h f� " W1 .rh6611 ;ne4u bal LaiOmdd-,1IerSasctvi &r FYtli rl �hcd Base Contract Amount as bid: �s ©50, ()00. —T Owner / Agency �i ed Sc-,kc& 'D 5-} ( 16+ Contact Person / Telephone #: MAC Vo U 01 Date Completed or Percentage Complete: i-(;tYl (wq L cX Project 2: ProectDescpton: gCrA0V1�l OAJW;}�21ulId ljhViq Base Contract Amount as bid: 4 4, L4 (o� o OOO C-7 Owner / Agency Name:DJDQr- n-)erJ of Tran-'s arc 10n . Dij —1 Contact Person / Telephone #: Pa5s in Az nc+ (323)41- I-I-q Date Completed or Percentage Complete: deb - ao� , Project 3: Project Description: ��irg6(n('�pmnl i-k on i �icor(:H , H\jA( 0.1 (4 t ram L%nU , Cc c r-4-C ICU -)(I C I eyz4NUI'�( Base Contract Amount as bid: A 5J I SC,, 000 Owner / Agency Name: C`i -I- �A OF �UI1fiC11 1C� Contact Person / Telephone Date Completed or Percentage Complete: c-SAy-i _ a-ooh . 3. Bidders must hold an A or B California Contractor's license that is valid at the time of bid submission. Bidder's may not have had their Contractor's license revoked within the last five (5) years. "I certify that W&V (0 5W 1R.,�, Zy� - (bidder's firm name) holds a (classification and license number) California Contractor's license that is currently valid and has not been revoked within the last five (5) years. 4. Bidders may not have had a surety firm complete a contract on their behalf, or paid for completion because the bidder was default terminated by the project owner within the last five (5) years. "I certify that 1' W(0 SAY U 1 U)- S r rII& (bidder's firm name) has not had a surety firm complete a contract on our behalf, or paid for completion because the of default termination by the project owner within the last five (5) years." 5. Owners or officers of bidding firms shall not have been convicted of a crime involving the awarding of a contract of a government construction .project, or the bidding or performance of a government contract at any time during the last five (5) years. "I certify that the owners and officers of NMI (7 52Y11 W , -� • (bidder's firm name) have not been convicted of a crime involving the awarding of a contract of a govermnent construction project, or the bidding or performance of a government contract at any time during the last five (5) years." 6. The project includes extensive structural system retrofit. The Contractor must be experienced in the construction of building's structural systems and must have successfully completed three such construction projects, with a construction value of over $2,000,000, within the last seven (7) years. "I certify that _ firm name) has contractor y completed three structural system retrofit construction projects, with a construction value of over $2,000,000, within last seven (7) years." List three appropriate contracts below: Project l: Project Descriptionjk—eYlcy&�'im nc+Imo, kAr"i oafc fib1 bui 01 J C-ACA C©n v U ck� ors o� C� r� elu Cult �a� ti��i ,cam c cnct 5i-oY J . Base Contract Amount as bid: !110 �40 QQ, ° -1- Owner / Agency Name: O 1.' h I CD �e 'D4 ' Contact Person / Telephone VI IA Q `S --Ht0n Date Completed: c�U�� 28, 2-W(r,2 Project 2: Project Description; y A )W l T-enUyo I C) n CbrlC -r-: I.L I�l� J�ln ✓'1�111Y1/l . �li'c t ,�, � to i. � .�^/",/i, v�/, (7 h!l f t „-. /� Base Contract Amount as bid: A. S, 150, o00. W Owner / Agency Name: OaCk-end(I - L(A heii 4 I] a r �-d S Contact Person / Telephone #:�A_ _ AMeR- r 1000 Date Completed: Dc=�II'Yl + tr 20C F�--) Project 3: Project Description:GY--hc 1 •RP/ k7tiCU►Dn, a'Ia�L C'O(Y- reAU�DOI-de),�,pi urnbc,n % , �I ear i cca, -Frarn L:nI C� Base Contract Amount as bid: 4 2-1 , 000 ov ME Owner / Agency Name: -ICI( �i'l� Ci�- `fpi 9 �Cl U ' S . D Contact Person / Telephone #: J Date Completed: �2�4 NOTE: This Bidder's Experience and Qualifications Statements constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of these Statement. Date: 1 CD GCO) i Ce,`�., • CONTRA TOR (Insert Name of Bidder's Firm) By:�- Printed Name: Title: iC�en By: ef�� Printed Name: 1 `i A-6 t Mter: Title: sfG U- -A-A `i C-10 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall completes under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes X No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-11 CONTRACTOR'S BONDS Provide a letter from the Bonding Company (on bonding company's letterhead) indicating date of letter, your company's name, company address, company's aggregate work capacity (the maximum amount of work your company is capable of undertaking for any and all projects), and contact information for bonding company's representative. Qualification of the prospective bidder is contingent upon the bonding company having at least an "A -"(A minus) rating by the A.M. Best Company. Prospective bidders will be disqualified if the Bonding Company is not at least an "A -"(A minus) rating by the A.M. Best Company. C-12 Contractors & Developers Bonding CL *OE-02012 November 6, 2007 City of Huntington Beach Department of Public Works 2000 Main Street Huntington Beach, CA 92648 TEE: Letter of Bondability for Mepco Services, Inc. We at Contractors & Developers Bonding, have the pleasure: of handling Mepco Services, Inc. surety bonding requirements with Hartford Fire insurance Company. This company is "A" rated by A.M. Best, Treasury Listed and California Admitted. Mepco Services is an organization which in the past has qualified for bonding; equivalent to $8,000,000 per contract and $1 2,000,000 in total aggregate contract value. Our investigation of this firm clearly indicates a company thoroughly versed in the construction industry with great depth of experienced people who have become well known for their ability to complete jobs on schedule and within budget, complemented with excellent workmanship. We found their relationship with subcontractors and suppliers to be far above average, which we feel, are of great importance to a well -run project. We understand that Mepco Services is desirous of bidding on, or securing, a construction contract which may require a bidand/or perfon-nance and payment bond(s). Based upon normal underwriting conditions being; prevalent, if we are requested to execute such bonds, as required by the terms of any contract awarded to Mepco Services, we can foresee no difficulty in falfilling such as request. You understand of course, that any arrangement for bonds is a matter between the contractor and ourselves and we assume no liability to third parties or to you if for any reason we do not execute said bond or bonds. Sincere , FrMorones Contractors & Developers Bonding 534 East Badillo Street • Covina, CA 91723 • (626) 859-1000 a Fax (626) 859-1001 TO 39dd ONIQNOa GNO T00T6989Z9 6b=0T L00Z/90/TT COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: nl wow oCb9efO'kceS � � Contractor 1 By Title C-13 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: M1ePCo &Qk k rLc". Contracto By TI rid 54 Title Date: I I I (h 10-7 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-14 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: MEPUt� 5FSAj')CX'S' Bidder Name CUZ�4 U�Q, urn Business Address Telephone Number -1Hg,20�) State Contractor's License No. and Class Original Date Issued 3� Expiration Date t , of our office on The work site was inspected by . 0C l l , 20 0'4- . . The following are persons, firms, and corporations having a principal interest in this proposal: C-15 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Ao i (<� Signature of Bidder Printed or Typed Signature 9w-9A jjc6h =(jrn 12d , UR& Address of Bidder ) <6-05-GiL4gq Telephone Number Subscribed and sworn to before me this NOTARY PUBLIC o MARINA FERREIRAW F—ShMy COMM. #1524560 UNOTARY PUBLIC - CALIFORNIA I CDORANGE COUNTY O Comm. Expires November 6, 2008 � V'7 dayof Vi 4iz+cd9� ,20Q�:V NOTARY SEAL C-16 DISADVANTAGED BUSINESS ENTERPRISE_ (DBE) INFORMATION AND FORMS . The City encourages the participation of Disadvantaged Business Enterprises (DBE), as defined in Code of Federal Regulations (CFR), in the performance of contracts financed in whole or in part with Federal Funds. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. Bidders shall be fully informed in respect to the requirements of the DBE Regulations. The DBE Regulations in their entirety are incorporated herein by this reference. Attention is directed to the following matters: A. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto; B. A DBE may participate as_a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, vendor of material or supplies, or as a trucking company; C. A DBE joint venture partner must be responsible for specific contract items of work, or clearly defined portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. ; D. A DBE must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work; E. DBEs must be certified by the California Unified Certification Program (CUCP). Listings of DBEs certified by the CUCP are available from the following sources: 1. The Caltran's "Civil Rights" web site at: http://www.dot.ca.gov/hq/bep. 2. The Caltran's DBE Directory. This Directory may be obtained from the Department of Transportation, Materiel Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445-3520; F. When reporting DBE participation, bidders may count the cost of materials or supplies purchased from DBEs as follows: 1. If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the materials or supplies will count toward DBE participation. A DBE manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications. 2. If the materials or supplies are purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the C-17 materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business as provided in this paragraph F.2. if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract -by -contract basis. Packagers, brokers, manufacturers' representatives; or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this paragraph F.2. 3. If the DBE is neither a manufacturer nor a regular dealer, count only the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. G. When reporting DBE participation, bidders may count the participation of DBE trucking companies as follows: 1. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract. 2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract; 3. The DBE receives credit for the total value of the transportation services it provides on the contract using trucks its owns, insures, and operates using drivers it employs; 4. The DBE may lease trucks from another DBE firm, including an owner -operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract; 5. The DBE may also lease trucks from a non -DBE firm, including an owner - operator. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE; 6. For the purposes of this paragraph G, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. C-18 H. Bidders are encouraged to use services offered by financial institutions owned and controlled by DBEs. C-19 11/06/2007 12:11 7609480952 VETSOURCE PAGE 02/02 State of California ^ Department of General Services . Arnold Schwarzeneggar, Governor PROCUREMENT DIVISION n k a"" of small BUSIn l end ®112111 saInrle" ^' UGS 707 Third Street,. lat Ploor, Room 400 • ro Box 9esos2 West Sacramento, California 95798,8052 . (800) 559.5529 DVBE APF 20071010160125 October 10, 2007 REF0 0000456 .; VETSOURCE INC 16701 MAIN ST. PMS 260 HESPERiA CA 92345- 6027 Dear Business Person: Congratulations on your certified disabled veterar, t]usiness enterprise (DVBE) status with the State or California. Your certification entitles you to benefits under the state's DVBE Participation Program within state contracting, including the three Wbdht'L)VBE participation goal for overall state contract dollars, Certification period CO Your certification per �i ndu AnnuW,�u rrfil"on-I jr!` U All DVB1 ubn)ltXPr#i�,� a complete cop u Ines filing due date, if y si R I individual tax return, A nalI the state, you must aisa 1 L each of your disabled voters due date. Failure to comply wil'I shall prohibit your business fruTTI Certification Renewal, fpiall Bus"f and DVBQrvices (OSQS) each postcertification tax year, e eral income tax r�l4iMi4; IPPluding extensions, within 90 days of the tax return's a partnership, each partner must also submlt a complete copy of his or ner you are a DVBE that is not a sale proprietorship and your firm rents equipment to l,I �r submittal a complete copy of the personal federal income tax returns for r�',*cluding extensions, and within 90 days of the individual's tax return filing s In h%�y�+suspension of your DVBE status and possible decertification, and it a c titi4)h any state oontraat until oil requirements oro mat. y A renewal application will be mailed to you prior to xp1 application, please call us so that you may timely, renOW If you have'any questions, please contact me at 800.5593 (OSDS receptionist), by a -mail buddy.nicholsodg.q.ca.gov, oversees many programs to further state contracting partic visit our website at www.pd.dgs.ca.gov/smbus, or visit the I Sincerely, �. Stifiriy Nlcho Assoclate Small Business Officer Office of Small Business and DVBE Services APPLTR RBV. D6/ =04 of your DVBE certification. If you do not receive an Vficetion. >�c ement Division receptionist) or 918.375.4940 x`,375.4950. The Procurement Division r tiro information regarding these programs, re Ev*&%s webslte at www,dgs.ca.gov/pd. G The successful bidder must execute and return the LOCAL AGENCY BIDDER — DBE INFORMATION form, even if no DBE participation will be reported. AGENCY: t vV jjj I ALL PROJECT DESC PION: _ CONTRACT NUMBER: FEDERAL -AID PROJECT NUMBER: TOTAL CONTRACT AMOUNT: $ FEDERAL SHARE (Fo local agency to complete) : BID DATE: BIDDER'S NAME: i (01C'U ;OCATION: CONTRACT ITEM NO. ITEM OF WORK AND DESCRIPTION OR SERVICES TO BE U13CONTRACTED OR MATERIALS O BE PROVIDED' DBE Cert. No. AND EXPIRATION DATE NAME OF DBEs' (Must be certified on the date bids are opened - include DBE address and one number DOLLAR AMOUNT BE' S� 1 Q IMPORTANT: Identify all DBE firms being participating in the-pmject, regardless of tier. Names of the First: Tier DBE Subcontractors and their re ective.item s.) of work sP. � fisted above should be consistent, where applicable,' with the narnes'and items of.work in e '.'List of Subcontractors': submitted with your bid 'Provide copies of;he DBBs uotes,.and'if applicable, a copy.of jomt,venture agreements pursuant to#fie ubcontractors:Listing Law and the Special'Provisions., 1. 'Enter DBE prime and subcontractors certification number. Prime contractors shall indicate all work to be performed by DBEs including work perforined.by its own.': forces. 2. If 100% of item is not to be performed or famished by DBE, describe exact portion of item to be performed or furnished by DBE. See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions (construction contracts); to determine how to count the participation of DBE firms. Total Claimed Participation... ' . t.a rc>�G Sign of Bidder 1 11 `: 1 114 a O� 3 q .. . Date - (Area,Code)•Tel No. l't e 1 V� d -e r Person to Contact (Please Type or Print) 17 BID BOND KNOW ALL BY THESE PRESENTS, That we, Mepco Services, Inc - of Downey, CA (hereinafter called the Principal), as Principal, and Hartford Fire Insurance Company (hereinafter called the Surety), as Surety are held and firmly bound unto City of Huntington Beach, Department of Public Works (hereinafter called the Obligee) in the penal sum of Ten Percent of Amount bid Dollars ($ 10% of amount bid ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION 1S SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for City Hall Seismic Upgrade NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 1st day of November , 2007 Mepco Services, Inc. (Seal) Principal Witness ,' _ Title Hartford Fire Insur nce Company Witness By Frank Morones, Attorney -in -Fact S-0053/GEEF 10/99 Direct Inquiries/Claims to: POWER OF ATTORNEYTHE ONo T-44- 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 72-185719 X� Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut ® Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Philip E. Vega, Frank Morones of Brea, CA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Ty 1•$i � �i E e s aca cp ' ,o�•ca �Py�` 4,y -(},�-'-.) �� ►: 4CEPrIP.Pi(ais F i®PL _ _il`PSOP 1004 E0 :^.',.y e2 ,N�UPPOMI -' �i91D►Mv :.. �.Prle.eay'�,y �ObuNtt• :,1979 sue': ig70:-: \tea - �� , '§y iyr . - ••iy4 y ma's-..✓f f �.,.;• tbtP,�w• A o ei • itaoiS, `i-'.,t.��.a.,t�PPe' .. r.>t+icn ;� Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT I ss. Hartford COUNTY OF HARTFORD David T. Akers, Assistant Vice President On this 23rd day of July, 2003, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ER< E n�®.y. r S ♦ w Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31- 2007 1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of November 1, 2007. Signed and sealed at the City of Hartford. Y !pw C �-�.) �^ 1. ► iyGao PI PPi(a, f F Le P ar �n �Y^ _•)!G i _ - ��wGan^JP.1..�: i �y�I ,MGORMtNTSp� - :,• 111(►d $Q �att e\�+It,nc•ty,� �Ob1bM► 1879 t -'•1879_'r s \�, ^. ._ ybfPt(A y YA -a Ai • ..y4xnrw�S;��``` •'raO ,P�a. ..R,pa ;� Gary W. Stumper, Assistant Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On November 1 , 2007 before me, Philip Vega, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Frank Morones Name(s) of Signer(s) ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in "U "✓EGit his/her/their authorized capacity(ies), and that by his/her/their 4.<.13J signature(s) on the instrument the person(s), or the entity upon A 'i...CalOi rr behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official/seal. of Notary Public ----------------------------------------OPTIONAL-------- ---------------------------- Though the information below is not required by law, it may prove valuable to persons rel on the document and could prevent fraudulent removal and reattachment of this form to another ument. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Number of Pages: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Attorney -in -Fact ❑ ❑ ❑ Trustee Guardian or Conservator Other; ® Top of Thumb here ❑ ❑Guardian ❑ Trustee or Conservator Other; Top of Thumb here Signer Is Representing: Signer Is Representing: BD-1133 09/00 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK February 27, 2008 Harbor Construction Co., Inc. 15550 Rockfield Blvd., B-100 Irvine, CA 92618 RE: CC-1306 — City Hall Seismic Retrofit Enclosed please find your original bid bond for CC-1306. Sincerely, 4") "Joan L. Flynn, CMC City Clerk JF:pe Enclosure g:/fo llowup/cashcont/retu rn bidbond. doc Sister 00s ` n"j1o� #jaP an c Waitakere New Zealand (Telephone: 714536-5227 ) BIDDER: HARBOR CONSTRUCTION CO., INC. 15550 ROCKFIELD BLVD. B-100 IRVINE, CA 92618 CONTRACTOR'S LICENSE NO. 761803 949-457-1888 PROJECT BIDDING: "CITY HALL SEISMIC UPGRADE CASH CONTRACT NO. 1306" BID DATE: TUESDAY, NOVEMBER 6, 2007 BID TIME: 2:00 P.M. 2007 NOY -1 AM 1: 51 "SEALED BID" for CITY HALL SEISMIC UPGRADE 2000 MAIN ST. HUNTINGTON BEACH, CA 92648 CITY OF HUNTINGTON BEACH DO NOT OPEN WITH REGULAR MAIL 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PROJECT DID SCHEDULE City Hall Seismic Upgrade 2000 Main Street Huntington Beach, California 92648 CASH CONTRACT No. 1306 NOTE: The basis for award will be the Base Bid item only. Alternate bid items may be awarded at the discretion of the City. Failure to bid on all items will constitute a non- conforming bid. Bid Item Bid Amount BASE BID — Basis of Award Total Base Bid Ampunt 'n Words* Base Bid: Total project excluding any Additive Bid Items as �I'C M111,ah - 1UK _` �" outlined below. The Base Bid will be the Basis of Award. Note: 7&✓AQS(111 The project includes proprietary equipment— Buckling Restrained Braces (specification section 05125). The sole source manufacture (Mitsui Steel, Inc.) has been contacted and has agreed to a price of $186,519.00 for the Buckling Restrained Braces. The General Contractor shall contact Mitsui Steel, Inc. for confirmation of actual Dollars: 4� , �oD a ($ �i,1 costs and include this in the base bid amount. r eF ft Additive Bid Items Additive Bid Items will be added to the Base Bid at the City's sole option. All --- mobilization costs shall be included in the Base Bid only. Bid amounts for - Additive Bid Items are to be listed as positive amounts to be added to the Base Bid should the City choose to take the additive item described. All Additive Bid items: are described in detail in the Construction Drawings. All equipment, material, and labor Additive Bid Amount in Words: associated with the architectural 7i1V hi e ydtlP@-' -�dlooe,,yid Additive Bid Item cladding and finishes for all external AD#1 braces as indicated in the project documents. Dollars: ($ All equipment, material, and labor Additive Bid Amount in Wor : associated with the ground floor patio , TW Additive Bid Item and handrail extension as indicated in 4oUsand. AD#2 the project documents. Dollars: (s [ LJ, QDd vim' Total Bid Amount in Words: TOTAL BID AMOUNT Gjj M,%111Dh Plyl e- (Base Bid plus Additive Bid Items) Total Bid Amount shall be ' indicated both with words and with numerals in boxes provided to S l )(hi it 14e- ��s afd the right. � 9 �9 0 �0 Dollars: ($ ( 1 C-3 LIST OF SUBCONTRACTORS In accordance with Govenunent Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion Name of Subcontractor and of Work Address (%) Division of State License Class Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion of Work I (0) Name of Subcontractor and Address Division. of Work State License Number Class 1.5170 C" 9-AVTSn/1 AN r �✓u�1v►01alZ p�I I i (03'-I-�F 5,70 j'I/lal(o) M ,D✓i II i vt� , wt�da >�i�►Lt �� Piers 25�S�f3 I09,0 5k0Steel JFW15 REIrJr- Sp_E L 413D5_3 %v 6rami teK , Cow Malt LONGt-E"TE �fI�D ��S �ro� Lv5 �nr��hS �r� ���� ►E,�-. �I� p�Z Z07v 1 A5v1 D'JW0A1 , COV0140L. PLta DiL.,` V J A L L. 7 51Lt2 NJ rg-MG. �� - �. PAttsT1N� -7 I By submission of this proposal. the Bidder certifies: 1. That he is able to and will perfonn the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 LIST OF SUBCONTRACTORS In accordance with Govenunent Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion i Name of Subcontractor and Division of State License Class of Work Address Work Number (%) ELE LT R I GA L 57� l8E vvY� �, v -PA I �=��' i ('2iLto`f By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion Name of Subcontractor and Division of State License Class Of Work Address Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 A In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion Name of Subcontractor and,Division of State License Class of Work Address Work Number 1 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. ?. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 ►, LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion NameofSubeontractor and Division.of State License Class of Work Address Work Number rig By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 SECTION C t PROPOSAL for the City Hall Seismic Upgrade 2000 Main Street Huntington Beach, California 92648 from CASH CONTRACT No. 1 306 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily 1 completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. 1 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. BIDDERS Accompanying this proposal of bid, find BOND in the amount of $ 10% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: J�AAddeda No. Date Received Bidder's igna ure 1 pl�.t 1 10/18/07 C-2 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID State of California ss. County of Orange DONALD E. DESJARDIN , being first duly sworn, deposes and says that he or-s4e is VICE PRESIDENT of HARBOR CONST. Co the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. HARBOR CONSTRUCTION CO., INC. Name of Bidder r� Signature of Bidder DONA" DESJARDIN 15550 ROCKFIELD BLVD., B-100 IRVINE, CA 92618 Address of Bidder Subscribed and sworn to before me this _ TN day of I%VEMF;f_,IR, 20 0-1 1 NOTARY PUBLIC NOTARY SEAL L CORTES Conttr won * 1644958 1 Notary Publk - ccoornio C-5 orange County MyCornr n. Ex0e& Feb 12, 2010 11 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 City- Hall Seismic U parade (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 perfonned 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. HARBOR CONSTRUCTION CO., INC. Contractor _ By DONALD E. VICE PRESIDENT Title Date: NOVEMBER 6, 2007 o° V J 1 BIDDER'S QUALIFICATION STATEMENT 1 CERTIFICATION: Due to high level of importance of this Project to the City of Huntington Beach as well as the emphasis the City places on the welfare and safety of the public, minimum qualifications have been established for this contract. All bidders must fill out the form listed below with the appropriate reference information. The undersigned bidder certifies as follows: 1. As a licensed A or B Contractor, Bidders must have a minimum of five (5) years experience in successfully completing contracts of a similar nature (public or private buildings), size, and contract amount to that for which he is submitting this bid. INC. "I certify that HARBOR CONSTRUCTION CO. , (bidder's firm name) as a licensed A v 1 Contractor has been successfully completing contracts of a similar nature, type, size, and contract amount to that for which I am submitting this bid for a period of8+years." 2. As the Prime Contractor, Bidders must have successfully completed three contracts of $4,000,000 or more in bid contract value for similar facilities (public or private buildings including Office Buildings, Fire Stations, Maintenance Facilities, Libraries, Courthouses, City Halls, Higher Education Facilities or other similar buildings) within the last five (5) years. List three appropriate contracts below: Project 1: Project Description: PALM SPRINGS INT'L AIRPORT EXPANSION 1 TERMINAL & HOLDROOMS Base Contract Amount as bid: $9, 278, 000.00 Owner / Agency Name: CITY OF PALM SPRINGS Contact Person / Telephone #: ALLAN SMOOT / 760-318-3800 Date Completed or Percentage Complete: 6/15/07 Project 2: Project Description: MODERNIZATION OF SEVEN ELEMENTARY SCHOOLS Base Contract Amount as bid: $6, 586, 000.00 C-7 Owner / Agency Name: CENTRALIA SCHOOL DISTRICT Contact Person / Telephone #: MARK FORGY / 714-228-3154 Date Completed or Percentage Complete: 1/27/06 Project 3: Project Description: HUENEME & CHANNEL ISLAND HIGH SCHOOLS MODERNIZATIONS Base Contract Amount as bid: $5.161, 257.00 Owner / Agency Name: OXNARD UNION HIGH SCHOOL DISTRICT Contact Person / Telephone #: LOUIS CUNNINGHAM / 805-385-2562 Date Completed or Percentage Complete: 4/20/06 3. Bidders must hold an A or B California Contractor's license that is valid at the time of bid submission. Bidder's may not have had their Contractor's license revoked within the last five (5) years. "I certify that HARBOR CONSTRUCTION CO. , INC. (bidder's firm name) holds a B / 761803 (classification and license number) California Contractor's license that is currently valid and has not been revoked within the last five (5) years. 4. Bidders may not have had a surety firm complete a contract on their behalf, or paid for completion because the bidder was default terminated by the project owner within the last five (5) years. "I certify that HARBOR CONSTRUCTION CO. , INC. (bidder's firm name) has not had a surety firm complete a contract on our behalf, or paid for completion because the of default termination by the project owner within the last five (5) years." 5. Owners or officers of bidding firms shall not have been convicted of a crime involving the awarding of a contract of a government construction project, or the bidding or performance of a government contract at any time during the last five (5) years. "I certify that the owners and officers of HARBOR CONSTRUCTION CO. , INC(bidder'sfirm name) have not been convicted of a crime involving the awarding of a contract of a government construction project, or the bidding or performance of a government contract at any time during the last five (5) years." C-8 Y 1 1 1 1 1 1 1 1 1 1 1 1 i 6. The project includes extensive structural system retrofit. The Contractor must be experienced in the construction of building's structural systems and must have successfully completed three such construction projects, with a construction value of over $2,000,000, within the last seven (7) years. "I certify that HARBOR CONSTRUCTION CO., INC. (contractor firm name) has successfully completed three structural system retrofit construction projects, with a construction value of over $2,000,000, within last seven (7) years." List three appropriate contracts below: Project 1: Project Description: CYPRESS COLLEGE, ADMIN & STUDENT ACTIVITY CENTER, PIAZZA & DEMO Base Contract Amount as bid: $4, 919, 827.00 Owner / Agency Name: NORTH 0. C. COMMUNITY COLLEGE DISTRICT Contact Person / Telephone #: PETER CONTIS / 714-252-9440 Date Completed: 6/30/06 Project 2: Project Description: LEUZINGER & LAWNDALE HIGH SCHOOLS MODERNIZATIONS Base Contract Amount as bid: $8, 418, 333.00 Owner / Agency Name CENTINELA VALLEY UNION H.S.D. Contact Person / Telephone #: DR. WHITE / 310-263-3220 Date Completed: 4/28/06 Project 3: Project Description: HAWTHORNE HIGH SCHOOL MODERNIZATION Base Contract Amount as bid: $5 ,143 , 636.00 I C-9 r Owner / Agency Name: CENTINELA VALLEY UNION H. S.D. Contact Person / Telephone #: DR. WHITE / 310-263-3220 Date Completed: 12/21/05 NOTE: This Bidder's Experience and Qualifications Statements constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of these Statement. Date: NOVEMBER 6, 2007 HARBOR CONSTRUCTION CO., INC. CONTRACTOR (11iseVt N�mq of Bidder's Firm) By: Ll «X� Printed Name: DONALD Title: VICE PRESIDENT By: Printed Name: Title: C-10 v 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 4No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-1 I CONTRACTOR'S BONDS Provide a letter from the Bonding Company (on bonding company's letterhead) indicating date of letter, your company's name, company address, company's aggregate work capacity (the maximum amount of work your company is capable of undertaking for any and all projects), and contact information for bonding company- s representative. Qualification of the prospective bidder is contingent upon the bonding company having at least an "A -"(A minus) rating by the A.M. Best Company. Prospective bidders will be disqualified if the Bonding Company is not at least an "A -"(A minus) rating by the A.M. Best Company. 11 I'll u J1m I u J C-12 11 POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 9532 Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ***********J. M. ALBADA; BRIAN F. COOPER; SUSAN HECKER; SWAN LEE; M. MOODY; MAUREEN O'CONNELL; JANET C. ROJO; BETTY L. TOLENTINO; ROBERT P. WRIXON; San Francisco, its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this ,)1st day of March 1 2007 STEPHANIE DALEY-WATSON SECRETARY TIM MIKOLAJEWSKI SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 25th day of October 1 2007 SEAL COMRPO 1`E SEAS. t�ia ° wnsM``o`��"�otwaghi STEPHANIE DALEY-WATSON, SECRETARY Safeco@ and the Safeco logo are registered trademarks of Safeco Corporation. S•0974/DS 4/05 WEB PDF LETTER OF BONDABILITY Insurance 1390 Willow Pass Road, Suite 900 Concord, CA 94520-9894 November 2, 2007 City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 (925) 969-2190 Telephone (925) 969-2176 Fax RE: Prequalification for: Harbor Construction Co., Inc., 15550 Rockfield Blvd., Irvine, CA 92618 Project: City Hall Seismic Upgrade To Whom It May Concern: The surety requirements for Harbor Construction Co., Inc. are handled by Safeco Insurance Company of America and has a Best Rating of A Excellent Class XV in the current Best Rating Guide. Safeco Insurance Company of America, 1390 Willow Pass Road, Concord, CA 94520. Representative: Kevin Fayaud (925) 969-2186. Harbor Construction Co., Inc. has bonding capacity in excess of $6,000,000 for a single job with an aggregate in excess of $60,000,000. Upon proper application by Harbor Construction Co., Inc. 100% Performance and Payment Bonds are readily available for the above referenced project, subject to satisfactory review and acceptance of the contract documents and other necessary underwriting information. You understand, of course, that any arrangement for final bonds is a matter between Safeco Insurance Company of America and Harbor Construction Co., Inc. and Safeco Insurance Company of America assumes no liability to you or to third parties, if, for any reason, we do not execute a final bond or bonds on this project. Very truly yours, Safeco Insurance Company of Arnerica kAj C anet )CRojo, Attorney -in -Fact blt Acknowledgment State of California County of San Francisco On November 2, 2007 before me, M. Moody, Notary Public (here insert name and title of the officer) Personally appeared Tanet C. Rojo personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is / are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my han�-akid official s9al. (seal) POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 9532 Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ***********J. M. ALBADA; BRIAN F. COOPER; SUSAN HECKER; SWAN LEE; M. MOODY; MAUREEN O'CONNELL; JANET C. ROJO; BETTY L. TOLENTINO; ROBERT P. WRIXON; San Francisco, its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21 st day of March 1 2007 STEPHANIE DALEY-WATSON SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 2nd day of November 1 2007. C©RP�l7'E `'" � f� �i , L - a�f>Gvki a x � t�x� �� STEPHANIE DALEY-WATSON, SECRETARY SafecoO and the Safeco logo are registered trademarks of Safeco Corporation. S-0974/DS 4/05 WEB PDF COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: NOVEMBER 6, 2007 HARBOR CONSTRUCTION CO., INC. Contractor f-\ By DONALD E. DESJARD VICE PRESIDENT Title C-13 * N/A - PRIOR TO AWARD * UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This fonn is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-14 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: HARBOR CONSTRUCTION CO., INC. Bidder Name 15550 ROCKFIELD BLVD, Business Address IRVINE. CA 92618 (949 ) 457-1888 Telephone Number 761803 State Contractor's License No. and Class 2/1999 Original Date Issued 4/2009 Expiration Date The work site was inspected by OCTOBER 11 .20 07 LOWARY of our office on The following are persons, firms, and corporations having a principal interest in this proposal: HARBOR'CONSTRUCTION CO. , INC. v i STEVEN R,•4PADULA 4-:PRESIDENT, SECRETARY, TREASURER DONALD E. DESJARDIN - VICE PRESIDENT C-15 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. HARBOR nanv N, Signature of Bidder DONALD E. DESJARDIN J Printed or Typed Signature 15550 ROCKFIELD BLVD., B-100 IRVINE, CA 92618 Address of Bidder ( 949 ) 457-1888 Telephone Number Subscribed and sworn to before me this NOTARY PUBLIC dayof 20 0 NOTARY SEAL ISABEL CORTES _ !�'``' L Commission # 1644958 Z "I �•,� Notary PubBc - Colifomia Z " �"i , Orange County My Comm. Feb 12, 2010 C-16 C®NTRACTOR"S LICENSE State Of California . CONTRACTORS STATE LICENSE BOARD � -°� ACTIVE LICENSE Comumcr Affair 761803 EMS CORP HARBOR CONSTRUCTION CO INC B 190& pu 04/30/2009 m c LETTER OF AUTHORIZATION FOR SIGNATURE '2101477 M 9 A I, BILL JONES, Secretary of State of the State of California, hereby certify: That the attached transcript of _ � page(s) has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. Sec:State Form CE-107 (rev. 9,981 IN WITNESS WHEREOF, I execute this _ certificate and affix the Great Seal of the State of California this day of F-79 9 - 1999 If rr Secretary of date MINUTES OF THE SPECIAL MEETING OF THE BOARD OF DIRECTORS OF HARBOR CONSTRUCTION CO., INC. HELD AT 9:30 A.M., J_ANUARY 21, 2004 Present was the following Director: Steven Padula The only item of business on the agenda was the designation and authorization of a certain representative of the Corporation to sign bid offers, construction contracts, prequalifications and other legal documents for contract performance. After much discussion, the following resolution was proposed and adopted by unanimous consent of the Director present. RESOLVED THAT THE FOLLOWING REPRESENTATIVE OF HARBOR CONSTRUCTION CO., INC. IS DESIGNATED EMPOWERED, AND AUTHORIZED TO SIGN AND EXECUTE CONTRACT BIDS, PREQUALIFICATIONS, CONSTRUCTION CONTRACTS AND OTHER DOCUMENTS THAT REQUIRE EXECUTION FOR THE PERFORMANCE OF CONSTRUCTION CONTRACTS. Donald E. DesJardin There being no further business to come before the meeting, upon motion duly made, seconded and unanimously adopted the meeting was adjourned. The Director, by signing these minutes, waives notice of the time, place and purpose of the meeting which are reflected in these minutes. Steven Padula Date 15550 Rocktiolri Blvd., Suite B-100 -.Irvine, CA 92618 __ Phone: (949? 45 -1888 a Fax (949) 457-9888 C AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Harbor Construction Co., Inc. as Principal, hereinafter called the Principal, and Safeco Insurance Company of America a corporation duly organized under the laws of the State of WA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent (10%) of the total amount bid --- Dollars($---------- —----------- --------------------------------- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for City Hail Administration Building Seismic Upgrade NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 25th day of October 2007 Harbor Construction Co., Inc. P\ rin pa (Seat) (Witness) bb B: Donald E. DesJardin, V c President (Title) Safeco Insurance0ompanv of (Seal) M. AIA DOCUMENT A310 ® BID BOND ® AIA ® FEBRUARY 1970 ED. o THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 Acknowledgment State of California County of San Francisco On October 25 2007 before me, _Betty L. Tolentino, Notary Public , (here insert name and title of the officer) Personally appeared M. Moody personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature �•t tl ' 1� � f t ! ��R. hz•i� (seal) City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK February 27, 2008 Gonzales Construction 19531 Ventura Blvd., Second Floor Tarzana, CA 91356 RE: CC-1306 — City Hall Seismic Retrofit Enclosed please find your original bid bond for CC-1306. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure g:lfollowu p/cashcont/retu rnbid bond. doc sister Cities cAdnjo, japan • Waitakere, New Zealand ( Telephone: 714-536-5227 ) E !, d„ 2001 NOV -7 Ali 1: 52 r�!t�' {^ pppG-t�� Y�y n, F C GONZALES CONSTRUCTION 19531 Ventura Blvd., Second Floor Tarzana, CA 91356 TO: "Sealed Bid" for City Hall Seismic Upgrade 2000 Main St., Huntington Beach, CA 92648 Bid Date: 11/6/07 @ 2pm , v ' GoNzAL.� S SECTION C PROPOSAL for the City Hall Seismic Upgrade 2000 Main Street Huntington Beach, California 92648 from CASH CONTRACT No. 1306 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL, OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. "Bidder's Bond" Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case maybe). Bidder shall signify receipt of all Addenda here, if any: C-2 PROJECT BID SCHEDULE City Hall Seismic Upgrade 2000 Main Street Huntington Beach, California 92648 CASH CONTRACT No. 1306 NOTE: The basis for award will be the Base Bid item only. Alternate bid items may be awarded at the discretion of the City. Failure to bid on all items will constitute a non- conforming bid. Bid Item Bid Amount BASE BID — Basis of Award T tal Base Bid Amount in Words: Base Bid: Total project excluding an Additive Bid Items as�1"t`tit`'`� outlined below. The Base Bid will be the Basis of Award. Note:IbiJSGi The project includes proprietary equipment — Buckling Restrained Braces (specification section 05125). The sole source manufacture 0 (Mitsui Steel, Inc.) has been contacted and has agreed to a price of $186,519.00 for the Buckling Restrained Braces. The General Contractor shall contact Mitsui Steel, Inc. for confirmation of actual costs and include this in the base bid amount. n°ll°rs` ( 11d,°�a Additive Bid Items y 7 Additive Bid Items will be added to the Base Bid at the City's sole option. All mobilization costs shall be included in the Base Bid only. Bid amounts for Additive Bid Items are to be listed as positive amounts to be added to the Base Bid should the City choose to take the additive item described. All Additive Bid items are described in detail in the Construction Drawings. Additive Bid Item AD#I All equipment, material, and labor associated with the architectural cladding and finishes for all external braces as indicated in the project Additive Bid Amount in Words: ive- documents. Dollars: ($ ! j►� rX?t?• dv Additive Bid Item AD#2 All equipment, material, and labor associated with the ground floor patio and handrail extension as indicated in the project documents. Additive Bid Amount in Words: 51>C- " , Dollars: TOTAL BID AMOUNT Total Bid Amount in Words: W;a- �t�fy ft /� (Base Bid plus Additive Bid Items) Total Bid Amount shall be indicated both with words and with numerals in boxes provided to�y�'!t�` the right. ate - j� Dollars: (s 6 �/%/ 5-3. �L71.00 C-J LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Nanze of Szibcqntractor and I)iyisaon of State:License. Class Portion of c ork : Address YYorh- Number (D A-0 u •ke e m C+� tig cit 3�1 - �LLiij'tIT Di I��In*j �0`1%fCPT / v ILI to(, v- 'runP''MCc:s1meh } 4� A1'1G1'NA;►A e 1 0� •��J9 aC.7 i ni ivGYl.��Gtr6G�✓�t� ,�?i t� ]jV(JCI�(NPr'�CF p �"e 1 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH DID State of California ss. County of Orange * Armand Gonzales , being first duly sworn, deposes and says that he or she is Officer Armand Gonzales the party making the foregoing bid that the bid is not made in the interest Inc. dba of, or on the behalf of, any undisclosed person, partnership, company, association, organization, Gonzales or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly Construction or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or shain bid. SCC)tate of Cali rn:FuCn of Subscribed and sworn to (or affirmed) B f re me th1 _.day of Y-� 201�a by personally Known to me or proved to me on the basis of satisfactory evidence to be the person who ap ared fore Signature Seal) Subscribed and sworn to before me -this NOTARY PUBLIC Armand Gonzales 19531 Ventura Blvd. 2nd,Floor, Tarzana, CA 91356 Address of Bidder day of 0 Q3\J , 20 09 . \ NOTARY SEAL BEN SPIELMAN r COMM. #1746826 z ir Notary Public • California � C-5 z ' Los Angeles County .o My Comm. Expires Jun. 21, 2011 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 City Hall Seismic Upgrade (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: November 6, 2007 Armand Gonzales Inc. dba Gonzales Construction Contractor Armand Gonzales Officer Title W BIDDER'S QUALIFICATION STATEMENT CERTIFICATION: Due to high level of importance of this Project to the City of Huntington Beach as well as the emphasis the City places on the welfare and safety of the public, minimum qualifications have been established for this contract. All bidders must fill out the form listed below with the appropriate reference information. The undersigned bidder certifies as follows: As a licensed A or B Contractor, Bidders must have a minimum of five (5) years experience in successfully completing contracts of a similar nature (public or private buildings), size, and contract amount to that for which he is submitting this bid. Armand Gonzales Inc. dba "I certify that Gonzales Construction (bidder's firm name) as a licensed A or B Contractor has been successfully completing contracts of a similar nature, type, size, and contract amount to that for which I am submitting this bid for a period of _ years." 2. As the Prime Contractor, Bidders must have successfully completed three contracts of $4,000,000 or more in bid contract value for similar facilities (public or private buildings including Office Buildings, Fire Stations, Maintenance Facilities, Libraries, Courthouses, City Halls, Higher Education Facilities or other similar buildings) within the last five (5) years. List three appropriate contracts below: Please see additional sheets for Project l: additional projects. Project Description: Constructing a 10,500-sq. ft. Gymnasium bldg. w/ fixex seating, lobby area, restrooms, storage, custodial, & utility rooms; and a 21500-sq. ft. assembly room addition. Renovating the existing comm. bldg. courtyard, expanding & renovating t e parking areas, constructing a group picnic shelter & installed new vinyl flooring & new HVAC system. Base Contract Amount as bid: $4,179, 950 Owner/Agency Name: County of Los Angles, Public Works Dept. Contact Person / Telephone #: Donna Brooks / 213-598-8670 Date Completed or Percentage Complete: 6/2006 Project 2: Project Description: Renovation to an existing bldg. to construct childcare center & mental health facility. Tenant Improvements to the intire 1st floor & entire 2nd floor.w/ elevator improvements; elevator shaft; elevator machine room, elevator s a t roof & toundation improvements-, Base Contract Amount as bid: $3, 616, 792 C-7 Owner / Agency Name: KMPG Contact Person / Telephone #: Karl Miller / 310-312-2662 Date Completed or Percentage Complete: 12/2004 Project 3: Project Description: Earthquake repairs to var,ou's facilities. The project consisted 24-hour (7) days a week emergency support to seismically retrofit & repair approx. 1 million sq. ft. of office, manufact- uring, laboratory, clean room& testing faciMles7at ive locations. Base Contract Amount as bid: $26, 000, 000 Owner/Agency Name: Boeing Rockwell Int;l Corp. - Contact Person / Telephone #: Gary Marker / 818-822-5497 Date Completed or Percentage Complete: 1 / 1995 3. Bidders must hold an A or B California Contractor's license that is valid at the time of bid submission. Bidder's may not have had their Contractor's license revoked within the last five (5) years. Armand Gonzales Inc. dba "I certify that Gonzales Construction (bidder's firm name) holds a B1 C-36 510565 (classification and license number) California Contractor's license that is currently valid and has not been revoked within the last five (5) years. 4. Bidders may not have had a surety firm complete a contract on their behalf, or paid for completion because the bidder was default terminated by the project owner within the last five (5) years. Armand Gonzales Inc. dba "I certify that Gonzales Construction (bidder's fmn name) has not had a surety firm complete a contract on our behalf, or paid for completion because the of default termination by the project owner within the last five (5) years." 5. Owners or officers of bidding firms shall not have been convicted of a crime involving the awarding of a contract of a government construction project, or the bidding or performance of a government contract at any time during the last five (5) years. Armand Gonzales Inc. dba "I certify that the owners and officers of Gonzales Construction (bidder's firm name) have not been convicted of a crime involving the awarding of a contract of a government construction project, or the bidding or performance of a government contract at any time during the last five (5) years." 6. The project includes extensive structural system retrofit. The Contractor must be experienced in the construction of building's structural systems and must have successfully completed three such construction projects, with a construction value of over $2,000,000, within the last seven (7) years. "I certify that Armand Gonzales Inc. dba Gonzales COnstructiorycontractor firm naive) has successfully completed three structural system retrofit construction projects, with a construction value of over $2,000,000, within last seven (7) years." List three appropriate contracts below: Please see additional sheets for additional Project l: Projects. Project Description: Project consisted of temporarily bracing the existing structure, removing the existing roof structure modifying existing foundations, fabricating & erecting of new columns & roof structure within the existing facility. Base Contract Amount as bid: $2,000,000 Owner / Agency Name: Goodrich Aerostructures Contact Person / Telephone #: Art Ramirez / 951-232-0651 Date Completed: 10/2006 Project 2: Project Description: Earthquake recovery project. Scope of work: -,included but was not limited to: Seismic Strapping -& support, epoxy injection, & structural concrete cracks. Base Contract Amount as bid: $212, 000 Owner/Agency Name: County of Los Angeles, Public Works Dept. Contact Person / Telephone #: Zaim Khayat / 626-300-3220 Date Completed: 9/2002 Project 3 : Project Description: Earthquake recovery: project. Scope of work included but not limited to: Seismic Strapping & support, epoxy injection & structural concrete cracks. Base Contract Amount as bid: $320,000 C-9 Owner / Agency Naive: County of Los Angeles, Public Works Dept. Contact Person / Telephone t Zaim Khayat / 626-300-3220 Date Completed: 10/2002 NOTE: This Bidder's Experience and Qualifications Statements constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of these Statement. Date: 11/6/07 Armand Gonzales Inc. dba Gonzales Construction CONT R (In _Name of Bidder's Firm.) By: Printed Name: Armand Gonzales Title: Of f ice r By: Printed Name: Title: C-10 �Q CURRENT PROJECT PROJECT NAME: East Los Angeles Civic Center Renovation Project (Stage 3) CONTRACT AMT. $5,514,622 START DATE: 2/13/06 % COMPLETED: 87% OWNER: County of Los Angeles, Dept. of Public Works ADDRESS: 4801 East 3rd St., Los Angeles, CA 90022 Stage 3 will include a new pedestrian promenade with enhanced walkways and pedestrian lighting, a central plaza with stone seating and an interactive water feature, artwork integrated into the entry monuments, picnic shelters (3), wayfinding signage, improved access roadways, landscaping, irrigation, security lighting improvements a new bus transit plaza on Third Street, and road improvements to Third Street to accommodate the future construction of the eastside extension of the Gold Line Light Rail System. In addition, exterior site improvements will be added to the new County Hall, including public seating areas, landscaping, security and install all provided artwork. b Qc� „Y % COMPLETED: 98% OWNER: County of Los Angeles, Depart. Of Public Works ADDRESS: 15100 PCH, Pacific Palisades, CA 90272 The project consists of constructing four new restrooms, a concession building, an entry kiosk; refurbishing five parking lots, reconstructing the main entrance at Temescal Canyon Road, a lifeguard substation, and upgrading the life headquarters, utilities, signage and landscaping. PROJECT NAME: LA County Central Jail -Arraignment Court and Parking Lot 75 Earthquake Recovery Project CONTRACT AMOUNT: $ 1,400,000.00 Start Date: 12/24/02 SQ. FTG. 27,000 linear feet of Completion: 8/30/03 The repair work in the Arraignment Court includes, but is not limited to, the repair of concrete cracks in walls and slabs via epoxy injection, repair of cracked plastered walls, removal and replacement of damaged ceiling tiles and floor coverings, as well as Title 24/ADA accessibility upgrades. The Hazard Mitigation work in the Arraignment Court includes the strengthening of suspended concrete corridors. The repair work in the Parking Lot 75 includes the repair of concrete cracks at the top and bottom of the concrete slab, spalls in structural members and Title 24/ADA accessibility upgrades. GONZALES CONSTRUCTION COMPLETED PROJECT PROJECT NAME: B/043 Conferencing, Training and Shuttle Launch Control Facility CONTRACT AMT. $5,093,000.00 Start Date: 9/01 SQ. FTG. Approximately: 15,000 sf Completion: 6/02 OWNER: The Boeing Company ADDRESS: 6633 Canoga Avenue; Canoga Park, CA This project consisted of a fast track design/build of Boeings Rocket Engine Propulsion Systems Display, Multi -Media Conference, Training and Shuttle Launch Control Facility. Beginning with the existing exterior structural walls and steel roof shell, we performed lead abatement, installed new structural steel roof framing, single ply roofing and steel column supports, new facility utilities -below and above ground, chilled water air conditioning system, fire sprinklers and centralized fire alarm and security monitoring systems, audio visual auditorium and conferencing systems, new computer raised floor with under -floor communication systems installation to maintain all So. California communications, new Bell and Gosset skid mounted pump system and required equipment to maintain required temperature and conditions, integration and connection of antennas, multi switch dish network, and satellite receivers for communication to NASA Mission Control in Cape Canaveral, Florida, sound wall and ceiling panels, automatic blackout curtains, stage platform and integrated multi -media podium, built-in product display cabinets, lighting systems, audio, visual, data control room, food preparation and restroom facilities, exterior space frame canopy and lighting for exterior product display and parking lot and lighting renovation. Placing, terminations and testing of CAT5, CAT3, Copper and Fiber telecommunications lines for maintenance of main servers and testing of equipment at Analog Hybrid Laboratory. DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes KI No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-11 CONTRACTOR'S BONDS Provide a letter from the Bonding Company (on bonding company's letterhead) indicating date of letter, your company's name, company address, company's aggregate work capacity (the maximum amount of work your company is capable of undertaking for any and all projects), and contact information for bonding company's representative. Qualification of the prospective bidder is contingent upon the bonding company having at least an "A -"(A minus) rating by the A.M. Best Company. Prospective bidders will be disqualified if the Bonding Company is not at least an "A -"(A minus) rating by the A.M. Best Company. Please see attached letter from Bonding Company C-12 SOUTH BAY]RONDING INSURANCE SERVICES, INC. November 5, 2007 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 To Whom It May Concern: RE: Armand Gonzales, Inc. dba Gonzales Construction We are pleased to recommend Armand Gonzales, Inc. dba Gonzales Construction as the contractor for your projects. Armand Gonzales, Inc. dba Gonzales Construction enjoys a reputation of excellence and the commitment to deliver a project precisely within the terms of contractual arrangements. This firm is financially strong and technically qualified to complete any work it undertakes. We have not been called upon to remediate any disputes, nor have we received any complaints from owners or subcontractors. Armand Gonzales, Inc. dba Gonzales Construction has a bonding line of credit with Great American Insurance Company of $10,000,000 single job/$15,000,000.00 aggregate. To date, this line has never been fully utilized. We stand ready to provide bonds upon our client's request and subject to our standard underwriting of the project, contract documents, and financing. Great American Insurance Company is an admitted California surety and is listed in the current edition of the US Department of the Treasury's Circular 570. The A.M. Best rating is A. Should you require any confirmation concerning the bonding capacity of this fine company, please feel free to contact me. Sincerely, GREAT AMERICAN INSURANCE COMPANY Susan E. Barrett Attorney -in -Fact 987 Linda Vista Avenue -Mountain View, CA 94043 - License #OB97992 Tel:650-903-0088 a Fax:650-903-0688 - www.southbaybonding.com GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 680 WALNUT STREET ® CINCINNATI, OHIO 45202 ® 613-369-5000 a FAX 613-723-2740 The number of persons authorized by this power of attorney is not more than TWO No. 0 14157 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominee; constitute and appoint the person or persons named below its true and lawful attorneyin-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the lirrit stated below. Name Address Limit of Power NIP PHAM BOTH OF BOTH SUSAN E. BARRETT MOUNTAIN VIEW $75,000,000.00 CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-factnamed above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixedthis 31° day of, MARCH , 2006, Attest STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVID C. KITCHIN (513-369-3811) On this 31" day of MARCH , 2006, before me personally appeared DAVID C: KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seat; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March.1,1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of then be and hereby is authorizer, from time to time, to. appoint one or more Attorneys-ln-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretysh4p, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid oficers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either gtven for the execution of any bona undertaking contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions ofthe:Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 5 th dayof, November , 2007. S 1029T (11t01) COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 11/6/07 Armand Gonzales Inc. dba Gonzales Construction Contractor Armand Gonzales By Officer Title C-13 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and retuned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-14 BIDDER certifies that the following information is true and correct: Armand Gonzales Bidder Name 19531 Ventura Blvd. 2nd Floor Business Address Tarzana, CA 91356 (818 ) 758-2490 Telephone Number 510565 B C-36 State Contractor's License No. and Class 07/03/86 Original Date Issued 5/31/09 Expiration Date The work site was inspected by Armand Gonzales of our office on October 30 72007 The following are persons, firms, and corporations having a principal interest in this proposal: Armand Gonzales Inc. dba Gonzales Construction C-15 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Armand Gonzales Inc. dba Gonzales Construction Armand Gonzales Printed or Typed Signature 19531 Ventura Blvd. 2nd Floor, Tarzana, CA 91356 Address of Bidder 818 ) 758-2490 Telephone Number Subscribed and sworn to before me this day of `�� , 20®q . NOTARY PUBLIC State of California County of Subscribed and worn to to a rmed) B foe e o thi day of , 20 by personally Known to me or proved to me on the basis of satisfactory evide a to be the person who ap red re me ivvlxtcx 3rlu, ~ BEN SPIELMAN r �.;� COMM. #1746826 z a _' - Notary Public • California Z ' Los Angeles County t00.N` My Comm. Expires Jun. 21, 2011 C-16 Bond No. NIA GWATiMERICAN INSURANCE COMPANY OHIO BID BOND Approved by The American Institute of Architects, A.I.A. Document No. A 310 February 1970 Edition KNOW ALL MEN BY THESE PRESENTS, that we ARMAND GONZALES, INC. as Principal, hereinafter called the Principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation duly organized under the laws of the State of Ohio, with Administrative Offices at 580 Walnut Street, Cincinnati, Ohio 45202, as Surety, hereinafter called the Surety, are held firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid nollars (S 10% of Bid ), for the payment of which sum well and truly to be made, and the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for City Hall Seismic Upgrade NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 31st —A day f October 1(9(2007 ARMAND GONZALES, INC. (Seal) (Principal) Of f icer (Title) GREAT AMERICAN INSURANCE COMPANY -(Seal) Surety) BY �G�( Susan E. Barrett (Atrorney-in-Fact) GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 0 613-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than TWO No. 0 14157 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorneyin-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the linit stated below. Name Address Limit of Power NIP PHAM BOTH OF BOTH SUSAN E. BARRETT MOUNTAIN VIEW $75,000,000.00 CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attomey(s}in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 31g day of, MARCH , 2006. Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KiTCHiN (513-369-3811) On this 31' day of MARCH , 2006, before me personally appeared DAVID C. KITCHIN, to me known, being duly swom, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company; the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so axed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bona undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature andseal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 3 1 S t day of, October 2007. S 1029T (11101) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of s4nta, Clara On before me, N • Pham, Notary Public ATE NAME. TITLE OF OFFICER - E. G.,'JANE DOE. NOTARY PUBLIC' personally appeared Susan E. Barrett NAME(S) OF SIGNER(SI personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized N. P" ca acit les and that b his/her/their Commisslon # 1 b59458 p Y ( ) � Y Q,yNootary Public -California signatures) On the instrument the person(s), SntaClaraCounty or the entit u on behalf of which the Cmm. Expires Apr 18, 2at Y P person(s) a�ted, executed the instrument. WITNESSIroiy VApq apd,o#igJal Aeal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BD-1133 3/94 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK February 27, 2008 T. B. Penick & Sons, Inc. 9747 Olson Drive San Diego, CA 92121 RE: CC-1306 — City Hall Seismic Retrofit Enclosed please find your original bid bond for CC-1306. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure g:/followup/cashcont/returnbidbond_doc roce urn #1 Sister Cues: nlo, apan Waitakere, New Zealand (Telephone: 714-536-5227 ) T.B. Penick & Sons, Inc. 9747 Olson Drive San Diego, CA 92121 License # 185381 Cash Contract No. 1306 Bid Date & Time: 11 /6/2007 @ 2:00 PM "SEALED BID" for City Hall Seismic Upgrade 2000 Main Street Huntington Beach, CA 92648 in the CITY OF HUNTINGTON BEACH — DO NOT OPEN WITH REGULAR MAIL .� V SECTION C PROPOSAL for the City Hall Seismic Upgrade 2000 Main Street Huntington Beach, California 92648 from CASH CONTRACT No. 1 306 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the mariner 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 tforth in the Bid Schedule are solely for the purpose of comparing bids and, that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. S Accompanying this proposal of bid, find�bVJ- in the amount of S 1-� ol� which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder'-' ignatur I r C-2 F 1 PROJECT BID SCHEDULE 1 City Hall Seismic Upgrade 2000 Main Street Huntington Beach, California 92648 1 CASH CONTRACT No. 1306 NOTE: The basis for award will be the Base Bid item only. Alternate bid items may be 1 awarded at the discretion of the City. Failure to bid on all items will constitute a non- conforming bid. 1 Bid Item Bid Amount in Words: BASE BID — Basis of Award Amount Total Base�id Amount :lV� �t"`��� �� Base Bid: Total project excluding any Additive Bid Items as 1 outlined below. The Base Bid will be the Basis of Award. Note: 7Yre,'Try - SfXPII The project includes proprietary equipment — Buckling Restrained Braces (specification section 05125). The sole source manufacture 1 (Mitsui Steel, Inc.) has been contacted and has agreed to a price of $186,519.00 for the Buckling Restrained Braces. The General Contractor shall contact Mitsui Steel, Inc. for confirmation of actual 4 tP� 000 �5 1 1 costs and include this in the base bid amount. Dollars: ($ Additive Bid Items Additive Bid Items will be added to the Base Bid at the City s sole option. All � „ ! 1 mobilization costs shall be included in the Base Bid only. Bid amounts for - Additive Bid Items are to be listed as positive amounts to be added to the Base Bid. 1 should the City choose to take the additive item described. All Additive Bid items are described in detail in the Construction Drawings.., All equipment, material, and labor Additive Bid mount in Words: 1 associated with the architectural Additive Bid Item cladding and finishes for all external AD#1 braces as indicated in the project 1 documents. Dollars: ($ �S—Syj Of%O SA All equipment, material, and labor Additive id Amount in Words: associated with the ground floor patio ,.., Additive Bid Item and handrail extension as indicated in 1 AD#2 the project documents. �- Dollars: Total Bid Amount in Words: TOTAL BID AMOUNT r %iy.-tr 1 (Base Bid plus Additive Bid Items) Total Bid Amount shall be indicated both with words and with numerals in boxes provided to � 1 ¢` 0-,'IW7�> ''�'�' the right. 1 Dollars: ($-r 1 C_3 LIST OF SUBCONTRACTORS In accordance with Governinent Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion. Name of Subcontractor and Division of State License Class' of Work Address . Work Number (%) By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion of Work (/) Name of Subcontractor and Address a Division of Work'' State License Number Class' CAL 6 LOD f 010 -> t> i j U2 � l0 C. Al qq An 22 ("/v ML t-NthPVYw`aft v WA41 -r 195X5/ g2 7 k LA--, _ 0`� l , 6PAV Lin; C- t ©E7U E-ZPo vE Fla ,0,/// 25 2-74- fi_1V(-7(_1usWeCW�l X117 jjVr►V(7 2 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above S rivutr R:+Ors listing . 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds fiarnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED ' BY BIDDEit AND SUBMITTED WITH BID State of California ss. County of Orange ` C1ta-�.�1, being first duly sworn, deposes and says that he or she isSt' ®� ex" of'P• IF66%0� SMS the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not 1 directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the 1 bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham 1 bid. Name of Bidder Signature f Bidder C/ 00411'�iS � I �l�. `Address of Bidder 1 Subscribed and sworn to before me this 0 day of 20 1 NOTARY PUBLIC UTILITY AGREEMENT 1 HONORABLE MAYOR AND CITY COUNCIL 1 CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: 1 The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known' as City Hall Seismic U p;;rade (I)(we)(it) will employ and utilize only qualified t 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. Contractor By Title Date: a r � t`: C-6 CALIFORNIA•ACKNOWLEDGMENT a.�C..�S� �q� �rciSr�Cr�Cr..-�,4�>•.�..a4_s�Sri�'��.'�.�.-�.'Y.-.�t_c��t��...� �e�c� �._c�c�.•_-.�c�Cf..�'S_a�...aa4 C �•..�e_s�c�.•_a�..�c �._s� State of California County of Sir � rn l L-yo On N eWJ Xl 3 165before me, 0 CA f i'Yd,D eLel G 1"F�! l 641 L Date I Name and Title of Officer (e.g., "Jane Doe, NotaryPu lic") personally appeared Place Notary Seal Above ❑ personally known to me XI(or proved to me on the basis of satisfactory evidence) to be the person($) whose name($) is4are subscribed to the within instrument and acknowledged to me that he/sl4e/tWy executed the same in his/bar/tVdir authorized capacity(ip§), and that by his/}whir signature(4) on the instrument the person(, or the entity upon behalf of which the person(o) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER .p of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 MINUTES OF A SPECIAL MEETING OF THE BOARD OF DIRECTORS OF T.B. PENICK & SONS, INC. A CALIFORNIA CORPORATION AUTHORIZATION OF CRAIG CLLLAXTON AS A BINDING CORPORATE SIGNATURE A Special Meeting of the Board of Directors of T. B. PENICK & SONS, INC., was held at the Corporate Offices, San Diego, California, on July 28, 2004 for the limited purpose of authorization by the Board of Directors of Craig Claxton as a corporate signer on all bid documents and contract documents. The following directors were present: MARC E. PENICK TIMOTHY J. PENICK WHEREAS, Craig Claxton, as the Senior Estimator and Project Manager, has primary responsibility for the bidding, procuring, and performance of projects; NOW, THEREFORE, be it RESOLVED that Craig Claxton, is hereby given the authority and is authorized to sign and documents required for bidding, procuring, or performing a project, including but not limited to pre -qualification statements, bid documents, RFP's, contracts, change orders, bonds, and the like, on behalf of T. B. Penick & Sons, Inc., and so bind the corporation with his signature. Upon motion duly made and seconded and unanimously carried the resolution was APPROVED. There being no further meeting was adjourned. (seal) BIDDER'S QUALIFICATION STATEMENT CERTIFICATION:. Due to high level of importance of this Project to the City of Huntington Beach as well as, the emphasis the City places on the welfare and safety of the public, minimum 1 qualifications have been established for this contract. All bidders must fill out the form listed below with the appropriate reference information. The undersigned bidder certifies as follows: 1. As a licensed A or B Contractor, Bidders must have a minimum of five (5) years experience in successfully completing contracts of a similar nature (public or private buildings), size, and contract amount to that for which he is submitting this bid. "I certifythat• ?e,6& " • bidder's firm name as a licensed A or B ( ) tContractor has been success fully'completing contracts of a similar nature, type, size, and to 1 contract amount to that for which I am submitting this bid for a period of A years." 2. As the Prime Contractor, Bidders must have successfully completed three contracts of $4,000,000 or more in bid contract value for similar facilities (public or private buildings including Office Buildings, Fire Stations, Maintenance Facilities, Libraries, Courthouses, City Halls, Higher Education Facilities or other similar buildings) within the last five (5) years. List three appropriate contracts below: Proj ect 1 1�f,)��� ---• �J/�� �1 _�/w�p� U .��P Y _• xM 0 a Project Description: rp6o 4N Base Contract Amount as bid: 1 1 e;lMey �r Owner / Agency Name-'�- • OffD\\A S t UVI q _ at 0 Contact Person / Telephone #: Date Completed or Percentage Complete: ;-D ®� Project 2: ����g,�- p��,1 GQ.1�11'-• Project Description: v-rp oftr e, v uchkrat *iMb) Akk i Si i C, S1 A-Vu M '54S�-e S 4r- M to Base Contract Amount as bid:-V t 31 �%�" , 4T3 > 8® C-7 Owner / Agency Name: o-c— M0 Contact Person / Telephone #:�� ����' wu.- stvv Date Completed or Percentage Complete: &&&Ws-� )-60 Project'): �� UQe� 's Project Description: MYL, , tea YV1 swe. t ° Base Contract Amount as bid: *-I, ► ' �® Owner / Agency NamAhfjkV +f!�► 9� 1(-`§Yr►ek W- CleS Contact Person / Telephone Date Completed or Percentage Complete: 3. Bidders must hold an A or B California Contractor's license that is valid at the time of bid submission. Bidder's may not have had their Contractor's license revoked within the last five (5) years. "I certify that' ?V6 4-56Y�5 ►T.2,c- , (bidder's firm. name) holds a c-v,C-1-`7 `t4;3'TI (classification . and license number) California Contractor's license that is currently valid and has not been revoked within the last five (5) years: 4. Bidders may not have had a surety firm complete a contract on their behalf, or paid for completion because the bidder was default terminated by the project owner within the last five (5) years. "I certify tha •Pt�1%CX -�-'Sal&t-'t::nL ° (bidder's firm name) has not had a surety firm complete a contract on. our behalf, or paid for completion because the of default termination by the project owner within the last five (5) years." 5. Owners or officers of bidding firms shall not have been convicted of a crime involving the awarding of a contract of a government construction project, or the bidding or performance of a government contract at anytime during the last five (5) years. "I certify that the owners and officers ofl =?Qyc i C. 6�S C °(bidder's firm name) .have not been convicted of a crime 'involving the awarding of a contract of a government construction project, or the bidding or performance of a government contract at any time during the last five (5) years." C-8 u CIS E 6. The project includes extensive structural system retrofit. The Contractor must be experienced, in the construction of building's structural systems and must have successfully completed three such construction projects, with a construction value of over $2,000,000, within the last seven (7) years. "I certify that- FC)riG'e-- SO -AS C • (contractor firm name) has successfully completed three structural system retrofit construction projects, with a construction value of over $2,000,000, within last seven (7) years." List three appropriate contracts below: Project 1: W oy1 V <� rN C., V=e-n0vp�i W _ Project Description: SAnnA T'�,, 10` 5 �-e c 1 Base Contract Amount as bid:7--1 Owner / Agency Name: C40SA- &Yy-'I31�j co1w1e, rv\s}�CA . C61k Contact Person / Telephone W1Of � Date Completed: `�� �Ob Project 2: ,(' n � ax- Project Description: Je.IS �t C• f4�� �*.-�"�®08 �9�• 64)r b-e- " ol-e- av6-\ Air SbLkiDn - Base Contract Amount as bid: * 01-, 61 , • O® Owner / Agency Name k ° Ok- -h,C Contact Person / Telephone #: 1VY\0-Y\1e1'—B nno 1 44," 71441 Date Completed: '�- I ).�J 12.0 P 6 Project 3:�- Project Description: ?a \ gymA, se�-Sy(, ►TAgn _ � ray(-TMCA S Vbh WOL" V V1 C)M See A S ee j 0 1 bU mom% s F! V o,a . Base Contract Amount as bid: G C-9 � 's i � 1�� Owner / Agency Name {''► Cs C�6.s�- W AhM0I-4 S94 Co► Contact Person / Telephone #":a% claw1e,,A IPm 11113 Date Completed: NOTE: This Bidder's Experience and Qualifications Statements constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of these Statement. Date: CONTRACTOR (Inse e of Sid r s ie FF rm) By: / Printed Name/C. M% 6 -,A- Title:SCA% by— By: Printed Name: Title: C-10 5%A��e�` 6. The project` includes extensive structural system retrofit. The Contractor must be experienced in the construction —of —building's structural systems and must have successfully completed three'such construction projects, with a construction value of over $2,000,000, within the last seven (7) years. "I certify that �C�• `�'��,L G�- �' `J6'�S �'�� . (contractor firm name) has successfully completed three structural system retrofit construction projects, with a construction value of over $2,000,000, within last seven (7) years." List three appropriate contracts below: Project 1: 1 J2 �•i-i �Yl }( �!�'��-��-,n'—° Project Description: FA�'' Ow OYN 01,E o s• �-o v Base Contract Amount as bid:!$ t I'S41 �'.-� • ®® Owner / Agency Name: Contact Person / Telephone #: —cob �*D1M&S 2a- ` 2,T Date Completed: S-1 Project 2: 5,�,y-, \SPYY-ta�*`Yl0 Se r VY1 \ C. Y44Y-4 fl �— Project Description: ww1 e�b� •pia As • s-X • tat • i T zC04 GU-�• kS r f oil e. — 5 reA-P_ m Lorc (`eA-e., W" S 'i SAl1o•hi 6Y) ®k- N S a Ar�es e,0kv-McVS �Alvvr coarnposOre. wv*cN-taA . Base Contract Amount as bid: \ �� 000. O(� Owner / Agency Name' �Wo Cam Contact Person / Telephone #:G� Date Completed: Project 3: CS1ASG 7S6eA 4eS .' V'aki Project Des ptio • �-� �a � (.�lf\C E�b�.t Ph 5 ,f ►} )' J� J;\ `&S*-eX3 , d.2S V..3 Base Contract Amount as bid: -t V q-A i low • O MM Owner / Agency Name: �•- ��� Contact Person / Telephone #: 5; �M mK: DIY�A 97,0 0 .Date Completed: NOTE: This Bidder's Experience and Qualifications Statements constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of these Statement. Date: i CONTRACTOR (Insert e of Bi er's Firm) Printed Name: Title��• ��� ����, By:. Printed Name: � • 1 t C-10 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes A If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-11 CONTRACTOR'S BONDS Provide a letter from the Bonding Company (on bonding company's letterhead) indicating date of 1 letter, your company's name, company address, company's aggregate work capacity (the maximum amount of work your company is capable of undertaking for any and all projects), and contact information for bonding company's representative. Qualification of the prospective bidder is contingent upon the bonding company having at least an "A -"(A minus) rating by the A.M. Best Company. Prospective bidders will be disqualified if the Bonding Company is not at least an "A -"(A minus) rating by the A.M. Best Company. 1 11 11 C-12 7 CO October 10, 2007 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: Contractor: T.B. Penick & Sons, Inc. Project: City Hall Seismic Upgrade — Cash Contract No. 1306 Estimated Cost: $5 Million To Whom It May Concern: Safeco Surety Glendale Office 330 N. Brand Blvd., Suite 680 Glendale, CA 91203 Phone: (818) 956-4250 Fax: (818) 956-4233 www.safeco.com We are the Surety for T.B. Penick & Sons, Inc. We are prepared to consider surety requests in the $25,000,000 range with an aggregate program in the $125,000,000 range. This should not be construed as a bond limit, as all bonds are approved based on the information available. T.B. Penick & Sons, Inc. has an established bonding relationship with Safeco Insurance Company of America, rated "A XV" by A.M. Best. Safeco Insurance Company of America has a "Treasury Listing" of $115,540,000.00. In the event that T.B. Penick & Sons, Inc. is awarded a project, Safeco is willing to issue the required Performance and Payment bonds, in an amount not to exceed 100% of the contract price, subject to receipt and review of acceptable underwriting criteria such as contract terms and conditions, bond forms, adequate financing and other underwriting conditions which may exist at the time of the request. You understand, of course, that any arrangement for the final bond or bonds is a matter between the Contractor and ourselves and we assume no liability to third parties or to you if for any reason we do not execute said bond or bonds. Should you have any questions, please call our office at (818) 956-4250. Regards, SAFECO INSURANCE CO ANY OF AMERICA America an Martin Attorney -In -Fact CALIFORNIA ALL-PURPOSE AOKNCWLEDGMENT State of Calffomia es. County of SAN DIM On OCT 10 2007 before me, AUDREY RODRIGUEZ, NOTARY PUBLIC • Deb NOW aad 1qe d 00W (e.9., •dew Doe, NoftrY Me) personally appeared AMERICA SAN MARTIN r of el AUDREY RODRIGUEZ comm. #1631526 c� NOTARY PU®UC-CAUR7RMIA v SAN DIEGO COUNTY Myy�C�ommidelon Expires DEC'EMW 18, 20M * personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(110 whose name) IS/M6 subscribed to the within Instrument and acknowledged to me that *sheMQJ executed the same in IM/herMUir authorized capacity(ies), and that by Xk/her;15W signaturek) on the instrument the person(oo, or the entity upon behalf of which the person( acted, executed the Instrument. im,I AROU), OPTIONAL Though the Information be)ow is not required bylaw, it may prove Wueble to persons relying on. the document and could prevent fraudulent remove! and reattachment of thts form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Number of Pages: Signer's Name: 0 Individual Tm or thunt tom ❑ Corporate Officer — Titie(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-In-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 01999 National NotaryAnooletlon - 0360 De Solo Ave., PO. BOX 2402 - Chatsworth, CA 91313-2402 - www,nationsitnotery.org Prod. No. 6907 Reorder. 60 TolWree I -OD 876.9627 0 POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 4273 Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint *""**J T. WARNOCK; CHRISTINE A. PATERSON; LAWRENCE F. MCMAHON; JAMES BALDASSARE, JR.; PENNY E. KELLEY; AMERICA SAN MARTIN; San Diego, CaliforMare"waarerrr+raerrrrrrrrrrrarraraarer•rr"aearrrr•rrewarr•erre"srrersrerrarr Its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued In the course of Its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 16th day of January 2007 Afl� STEPHANIE DALEY-WATSON SECRETARY TIM MIKOLAJEWSKI SENIOR VICE-PRESIDENT SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer In charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation S-0974/DS 4/05 this OCT 10 2007 day of ' '1���� yig STEPHANIE DALEY-WATSON, SECRETARY� Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 4273 Solace Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint estletlo' J T. WARNOCK- CHRISTINE A. PATERSON; LAWRENCE F. MCMAHON; JAMES BALDASSARE, JR.; PENNY E. KELLEY; AMERICA SAN MARTIN; San Diego, t:allfornlatltltl Htlptltltltl Ntl0tl M00M00tltltltltltl tl0010tltlHtltlp Op•tl0tlR 000tlptl 00 ♦0*0tl006000*000 a 00 Its true and lawful altorney(s}In-fact, with full authority to execute on Its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued In the course of Its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 16th day of January 1 2007 Ap� J161 ;414e� STEPHANIE DALEY-WATSON SECRETARY TIM MIKOLAJEWSKI SENIOR VICE-PRESIDENT SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer In charge of surety operations, shall each have authority to appoint individuals as attorneys -In -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, U) The provisions of Article V, Section 13 of the By -Laws, and A copy of the power-of-attomey appointment, executed pursuant thereto, and (III) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, Stephanie Daley -Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still In full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of said corporation S-0974/DS 4/05 this OCT 10 2007 day of ��+ m/ w+ 1G a"?. J6r X pt, �8�� STEPHANIE DALEY-WATSON, SECRETARY a Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF I F COMPENSATION INSURANCE CERTIFICATE 1 Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works 1 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 1 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. 1 Contractor 1 By %�• t ar 1 Title Date: I L C 1 C-13 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this fonn is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum' of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-14 BIDDER'S INFORMATION BIDDER certifies that the following infonnation is true and correct: Bidder Name e"lLkVI 0tSqY)rpy q� Business Address Telephone Number State Contractor's License No. and Class I )�,T- I t Original Date Issued 4;;tS`)2,450� Expiration Date The work site was inspected by of our office on OCA-b"Of,1T' 1,S 20()-1_ lmwmgrerrs s, and corporations having a principal interest in this proposal: C-15 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Aidder Printed or Typed Signature cl-lg-1 Address of Bidder im p Telephone Number Subscribed and sworn to before me this JC—�1 day of ] /P /1 xi< NOTARY PUBLIC K.>- LII,(1-u- NOTARY'SEAL LMVB. iM #► 1676�60 N0kVy R�kCo��i� ffft' Ride CWM &Pket.hn22. ZO1 C-16 NfINLTTES OF A SPECIAL MEETING OF THE BOARD OF DIRECTORS OF T.B. PENICK & SODS, INC. —_ N AUTHORIZATION OF CIfiAIG CLAXTON AS A BINDING CORPORATE SIGNATURE A Special Meeting of the Board of Directors of T. B. PEN ICK & SONS, INC., was held at the Corporate Offices, San Diego, California, on July A 2004 for the limited purpose of authorization by the Board of Directors of Craig Claxton as a corporate signer on all bid documents and contract documents. The following directors were present: MARC E. PENICK TIMOTHY J. PEMCK r WHEREAS, Craig Claxton, as the Senior Es#irnator and Project Manager, has primary responsibility 'for the bidding,- procuring, and performance of projects; NOW, THE ZEFORE, be it RESOLVED that Craig Claxton, is hereby given the authority and is authorized to sign and documents required for bidding, procari_ng, or performing a project, including but not limited to pre-gnalif canon statemeri% bid documents, RFD's, contracts, change orders, bonds, and the like, on behalf of T. B. Penick &' Sons, Inc., and so bind the corporation with his signature. Upon motion duly made and seconded and unanimously carried the resolution was APPROVED. There being no barffier meeting was adjourned. {seat) t u DISADVANTAGED BUSINESS ENTERPRISE (DBE) tINFORMATION AND FORMS The City encourages the participation of Disadvantaged Business Enterprises (DBE), as defined in Code of Federal Regulations (CFR), in the performance of contracts financed in whole or in part with Federal Funds. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. Bidders shall be fully informed in respect to the requirements of the DBE Regulations. The DBE Regulations in their entirety are incorporated herein by this reference. Attention is directed to the following matters: A. A DBE must be a small business concern as defined pursuant to Section 3 of U.S. Small Business Act and relevant regulations promulgated pursuant thereto; B. A DBE may participate as a prime contractor, subcontractor, joint venture partner with a prime or subcontractor, vendor of material or supplies, or as a trucking company; C. A DBE joint venture partner must be responsible for specific contract items of work, or clearly defined portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. ; D. A DBE must perform a commercially useful function, i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work; E. DBEs must be certified by the California Unified Certification Program (CUCP). Listings of DBEs certified by the CUCP are available from the following sources: 1. The Caltran's "Civil Rights" web site at: http://www.dot.ca.g ov/hq/bep. 2. The Caltran's DBE Directory. This Directory may be obtained from the Department of Transportation, Materiel Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445-3520; F. When reporting DBE participation, bidders may count the cost of materials or supplies p g P P � Y purchased from DBEs as follows: I . If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the materials or supplies will count toward DBE participation. A DBE manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications. 2. If the materials or supplies are purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the 1 C-17 materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business as provided in this paragraph F.2. if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract -by -contract basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this paragraph F.2. 3. If the DBE is neither a manufacturer nor a regular dealer, count only the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. G. When reporting DBE participation, bidders may count the participation of DBE trucking companies as follows: 1. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract. 2. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract; 3. The DBE receives credit for the total value of the transportation services it provides on the contract using trucks its owns, insures, and operates using drivers it employs; 4. The DBE may lease trucks from another DBE firm, including an owner -operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract; 5. The DBE may also lease trucks from a non -DBE firm, including an owner - operator. The DBE who leases trucks from a non -DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The DBE does not receive credit for the total value of the transportation services provided by the lessee, since these services are not provided by a DBE; 6. For the purposes of this paragraph G, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. C-18 1 H. Bidders are encouraged to use services offered by financial institutions owned and controlled by DBEs. E fl E j u p U n 1 C-19 o Opt 31 2007 3:58PM INTEGRATED DESIGN 6s Ism" IF_ SERVICE 949-387-0800 INTEGRATED FS1GN SEI2'VICE C. To. See Below From: Lawrence Szatkowski Company. See Below ®®teu Oct. 31, 2007 Paz aloa See Below Pao" �. Phone No.: See Below Cc' P g0ject City of Huntington Beach Project me., CC #1306 Name: City Hall Seismic Upgrades Rau Response to RFI's C Urgent ® For fleview 69 For Your Infornim lon Q Please Reply . ❑ An Requested Attached In a copy of Raaaona s tc RPI's. PReass confirm uecel t ®4 this notice by return fax or electronic null to lawronc®. zaitkowalalMP aa.cono . TO: AT: FAX: Larry Murray DJM Construction 714 399-3645 Craig Claxton TB Penick & Sons 909 974-0116 Thom Jacobs Jacobs Development &z Const 949 748-8556 Annond Gonzales, Jr. Gonzales Construction 818 996-3955 Mallory Marquez A & B Construction 626 330-5654 Lee Shaw Shaw & Sons, Inc. 949 642-0967 Chase Lowary Harbor Construction Co, 949 457-9888 A nir Abbasi Perse Construction 909 629-6156 Jason Alexander Fibrwrap Construction 909 390-7030 Travis Compton 2H Construction 562 424-5578 Ali Badiei Bari Concrete 949 509-9976 Basel Nassri Newman Midland Corp 562 799-2968 Elie Nader Mepco Services, Inc. 562 803-9599 John MacShane Malcolm Drilling 626 338-7113 Bill Williams Century Reinforcing, Inc. 714 692-7088 Carlos Pina Quake Wrap 520 791-0600 Ryan Schultz Metro Builders & Engineers Group, LTD. 949 515-4351 Melinda Larrabee C.D.s., Inc. 562 404-7447 Boris Brkic The Unicorn group 818 505-9278 Lawre"e .sxatkowskL P.I IDS - I Peters Canyon Road, Suite 140, Irvine, CA 92606 ® Tel; 949-387-8500 A Fax: 949-397-0800 Oct 20 2007 2;10rN INTEGRnTED DESIGN I A AL e� GERYIGE 040 007 0000 Toe See Below From; Lawrence Szatkowski Companyi See Below Datel Oct. 23, 2007 Fox No.: See Below pages 3 Phone Noa See Below Cc: Ftoject Narnso City of Huntington Beach City Hall Seismic Upgrades Project ma.e CC f l 306 Roe Request for Product Acceptance ® Urgent ® For Ravlew 0 For Your informatlon ❑ Plemoo Reply 0 An Requeeted PivBv®e P%L% .a:D—n ■©w —1,jr 4-o .— .®aaer vrov.a �v..a ■03.0 --a oaa.a-a.w- --- .--- m..-.oa�...ra� r—. ®ceo rasa® tR Swu m Wea mas tan ®®az-®■ ®m!®sa em alaawsm W? m®vvmalo 'ICJ: AT; Larry Murray DJM Construction Craig Claxton TB Penick & Sons Thom Jacobs Jacobs Development & Const Armond Comcdc 3, Jr. Gonzales Constmctian BAIALlonr T/ri%~V%a-r 0 .lb- A i:ririmi"is :1 i( r� Loc Shaw Shaw & Sono, Inc. C''.hao:P T nwnry Harbor Construction Co. Amir Ahhs+ai Perse Comtruction Tsnrm Alnxarntlrr Fibres -rap Construction Travio Camxn., 214 CongtrLorti.nn Ali Badiei Bari Concrete Basel Nassri Newman Midland Corp Elie Nader Mepco Services, Inc. John MacShane Malcolm Drilling Bill Williams Century Reinforcing, Inc. Carlos Pina Quake Wrap Ryan Schultz Metro Builders & Engineers Group, LTD. Melinda Larrabce C.D.S., Inc. L-awrewct smatoowslet 714 399-3645 909 974-0116 949 748-8556 R 1 R 996-3955 626 3S0-5654 949 642-0067 949 457-9888 909 629-6156 909 390-7030 562 424-5578 949 .509-9►91b 562 799-2968 562 903-9599 626 338-7113 714 692-7088 520 791-0600 949 515.4351 562 404.7447 YDS -1 Peters Canyon Road, Suite 140, Irvine, CA 92606 A Tel: 949-387-8500 A Fax: 949-387-0900 F.I ®® Opt 1G 2007 12:12PM ®III � INTEGRATED DESIGN SERVICE 54S-387-0800 P.I A INTEGRAnD DEsiGN SERyicEs, INC® S) To., See Below Prunes Lawrence Szatkowsld compony: See Below Dime®. Oct. 16, 2007 Pax No.- See Below pages 2 phone NOA See Below Cal Project Name: City of Huntington Beach . City Hall Seismic Upgrades Pr®iece mcia CC #1306 ��. Request for Product Acceptance 11 Urgent ® For Review ❑ For Yew Comment ® ple aso Repoy 6� As Requarted Attached In m copy of the letter from Salful/Rouquat accepticg Viper VsperCheck as an alte mente€ for the product spe alt end. This letter is being forwarded to each plea holder of record. TO: AT: Larry Murray DJM Construction Craig Claxton TB Penick & Sons Thorn Jacobs Jacobs Development &t Const Armond Gonzales, Jr. Gonzales Construction Mallory Marquez A & B Construction Lee Shaw Shaw & Sons, Inc. Chase Lowary Harbor Construction Co. Amir Abbasi Perse Construction Jason Alexander . Fibrwrap Construction Travis Compton 2H Construction Ali Badiei Bari Concrete L.-twrtw.os Sz a°t�eowsiet FAX. 714 399-3654 909 974-0116 949 748-8556 818 996-3955 626 330-5654 949 642-0967 949 457-9888 909 629-6156 858 642-0947 562 424-5578 949 509-9976 IDS -1 Peters Canyon Road, Suite 140, Irvine, CA 92606 A Tel: 949-387-8500 A Far; 949-387-0800 10% The successful bidder must execute and return the LOCAL AGENCY BIDDER — DBE INFORMATION form, even if no DBE participation will be reported. AGENCY: CiYJ O 40Ai"1"J -k- p44G1n LOCATION: PROJECT DESCRIPTION: 4: 1'7 N�911. -iAI'L. %ZC Y(j2� 't CONTRACT NUMBER: ljD FEDERAL -AID PROJECT NUMBER: TOTAL CONTRACT AMOUNT: $ S . 3 (w , 6 a 0 FEDERAL SHARE (For local agency to complete) : $ BID DATE: / i — & - a BIDDER'S NAME: CONTRACT ITEM NO. ITEM OF WORK AND DESCRIPTION OR SERVICES TO BE SUBCONTRACTED OR MATERIALS O BE PROVIDED' DBE Cert. No. AND EXPIRATION DATE NAME OF DBEs' Must be certified on the date bids are opened - include DBE address and phone number DOLLAR AMOUNT DBE3 b4 A a >.,l bC-i. aat C fn f IvA1;.5 IMPORTANT: Identify all DBE firms being participating in the project,.regardless of tier. Names of the First Tier DBE Subcontractors and their respective.iteni(s) of work fisted above should be consistent, where applicable, with the names and items of work in e "List of Subcontractors", submitted with your bid. Provide copies of the DBEs' uotes, and if applicable, a copy. of j oint venture agreements; _pursuant to: the Subcontractors Listing Law and the Special Provisions 1. Enter DBE prime and subcontractors certification number. Prime contractors shall indicate all work to be performed by DBEs including work performed by its own forces. 2. If 100% of item is not to be performed or furnished by DBE, describe exact portion of item to be performed or furnished by DBE. 3. See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions (construction contracts); to determine how to count the participation of DBE firms. Total Claimed participation f �/` " !l Signature o idder l Dttte / (Area,Code) Tel. No. (✓(,�t� G /j'd •% person to Contact (Please Type or Print) LU(:6l H�Glll�}' DILLLLGI - LOD luivaaaaaua,ta �a�cr ..... a.vv� J 17 LT.nified Certification Program Page 1 of 1 Back To Query Form Search Returned I Records Query Criteria DBA Name: Cal State Firm ID 31402 DBA Name CAL STATE REBAR & PRESTRESS CORP. Address Linel 1505 E. MISSION BL. Address Line2 City POMONA State CA Zip Codel 91766 Zip Code2 Certification Type DBE Entail dick@calstaterebar.com Area Code (909 ) Phone Number 397-7155 Fax Area Code (909 ) Fax Phone Number 397-7146 Agency Name CITY OF LOS ANGELES ,Counties 19; 30; 33; 36; 37; 42; 56; Districts 05; 07; 08; 11; 12; DBE NAILS 238120; 238990; ACDBE NAICS Work Codes C5501 STEEL STRUCTURES; C5570 STEEL CRIB WALL; Licenses C50 Reinforcing Steel Contractor; Gender ne Ethnicity BLACK Firm Type DBE ONLY Back To Query Form Tue Nov 13 09:19:27 PST 2007 http://www.dot.ca.gov/ucp/QuerySubmit.do 11/13/2007 REVISED January 5, 2005 Mr. Richard C Hancock Cal State Rebar & Prestress Corp. 1505 E. Mission Blvd. Pomona, CA 91766 RE" " ., .,__ ZUIJ5 RE: DISAID°VANTAGED/1V_IINORI Y BUSINESS ENTERPRISE (]28 E/MBE) RECERTIFICATION APPROVAL CCA - 2220 Dear Mr. Hancock: We are pleased to advise you that after careful review of your application and supporting documentation, the City of Los Angeles has determined that your firm meets the eligibility standards to be recertified as a Disadvantaged/Minority Business Enterprise (DBE/N S E) as required under the U.S. Department o: Transportation (U,S. DOT) Regulation 49 CFR Part 26, as amended. I Your firm will be listed in the California Unified Certification Program (CUCP) database of certified DBEs and the City of Los Angeles DBE/MBE/WBE directory under the following specific areas of expertise that you have identified on the business service form for contracting opportunities: NAICS Code Description 238120 Reinforcing Steel Contractors Your DBE certification is -good. for three years from the date of this letter and applies only for the above codes You may review your firm's information in the CUCP DBE database which can be accessed of the`California Department of Transportation's website at www.dot.ca.gov/hg/bey/ and the City of Los Angeles DBE/MBE/WBE database at www.lacity.orgibca. Any additions and revisions must be submitted to the City o�. Los Angeles for review and approval. After the three-year certification period, your entire file will be reviewed in order to ascertain continued DBE certification status. You will be notified of the pending DBE status review and any documentation update necessary prior to the expiration date. The Regulations also require annual updates during this three-year period. In order to assure continuing DBE status, you must submit annually a DBE Declaration with supporting documentation, in the format, which will be sent to you. Based on your annual submission that no change in ownership and control has occurred, or it changes have occurred, they do not affect your firm's DBE standing, the DBE certification of your firm wi(1 continue until the three-year certification has expired. 1 i City of Los Angeles a Department of Public Works •Bureau of Contract Administration ® Office of Contract Compliance — Centralized Certification section 600 S. $r,ti,�i, Strcct, Suite 1300 a Ins Angeles, CA 90014 9 Phonc (213) 847-6490 o Fax (213) 847-5566 K Cal State Rebar & Prestress Corp. January 5, 2005 Page 2 Also, should any changes occur that could affect your certification status prior to receipt of the DBE; Declaration, such as changes in your firm's name, business/mailing address, ownership, management, or control, or failure to meet the applicable business size standards or personal net worth standard, please notify us immediately. DBE certification is subject to review at any time. Failure to submit forms and/or change of information will be deemed as failure to cooperate under Section 26.109 of the Regulations. Your DBE certification status will be honored by all of the U.S. DOT recipients in California, j I Congratulations, and thank you for your interest in the California Unified Certification Program (CUCP). We i wish you every business success and look forward to hearing from you if we may be of any assistance to you in this regard. Should you have any questions, please contact LyDee Su at (213) 547-5573 or e-mail at Isu@bca.lacity.org. Sincerely, 44&/ 44t- HEL ETNDL, Certification Manager Office of Contract Compliance Bureau of Contract Administration Citv of Los nrntcic> m n(:p�i7n,e„t of Public W[Yk,e - IkNinr oi'('unImot Adminismation ® OifiCe of (onirw f nmplianee Centrilizcd Ceriifieation Section THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 KNOW ALL MEN BY THESE PRESENTS, that we T.B.Penick & Sons, Inc. as Principal, hereinafter called the Principal, and Safeco Insurance Company of America a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Amount Bid Dollars ($10%), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for City Hall Seismic Upgrade NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and se d this 101h day of ber, 2007. (Witness) (Witness) AIA DOCUMENT A310 • BID BOND • AIA ® . FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 T.B. Penick $ Sons, Inc. — (Principal) (Seal) By itle) Safeco Insurance Company of rica ` uret) (Seal) By erica San rtin, Attorney-in-fac itle) CALIFORNIA ALL-PURPOSE A01KNOWLEDGI ENT State of Califomla es. County of SAN DISCO Oft 0 C T 10 2007 before me, AUDREY RODRIGUEZ , NOTARY PUBLIC ..Dow Naito end nw of OMM (e.p, Jena Da, Nwary personally appeared AMERICA SALT MARTIN AUDREY RODRKRI� comm. OP1631526 V. NOTARY PWI.IC-CALIFORNIA 9 SAN DIEGO COUNTY �DECxnmMsion EBAres BER 19.2009 * personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(V whose name(6) Is/b subscribed to the within instrument and acknowledged to me that h/sheMJW executed the same in X&/herMM authorized capacity(ies), and that by Iffs/herMW signaturejo) on the instrument the person(;, or the entity upon behalf of which the person(3) acted, executed the Instrument. OPTIONAL Though the Intomradon below Is not mgldred by law, It may prove valuable to persons re4ft on. Me document and could prevent fraudulent removal and reattachment of thls form to another document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(les) Claimed by Signer Number of Pages: Signer's Name: 0 d individual Top of thtenb two ❑ Corporate Officer — Titfe(s): ❑ Partner — ❑ Umfted ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 MR Natlonal Notary Aeaodatlon - 03so De Soto Ave., P.O. Box 2402 • Chatsworth, CA RIM-2402 - www.nallonelrrotery.org Prod. No. 5907 Reorder. Cab TblWree I-800.870-W7 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK February 27, 2008 DJM Construction Co., Inc. 1540 S. Lewis St. Anaheim, CA 92805 RE: CC-1306 — City Hall Seismic Retrofit Enclosed please find your original bid bond for CC-1306. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure g:/followup/cashcont/retu rnbidbond .doc Sister CiPiese�njo Japan • Waitakere, New Zealand (Telephone: 714-536-5227 ) truction Co., Inc. 1540 S, Lewis St., AnatheirTI, CA 92805 2007 NOV - 7 Airl 1: 56 "BID ENCLOSED" Bid Submitted to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Bid Submitted for: City Hall Seismic Upgrade (Re -bid) Bid Due BY: 2:00 PM on November 6, 2007 D-1� M SECTION C PROPOSAL for the City Hall Seismic Upgrade 2000 Main Street Huntington Beach, California 92648 CASH CONTRACT No. 1306 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 91D 807VD in the amount of $ U which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's�ignatwe f 0/i 5/20 C-2 3 PROJECT BID SCHEDULE City Hall Seismic Upgrade 2000 Main Street Huntington Beach, California 92648 CASH CONTRACT No. 1306 C-3 r MST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion of Work.. (o) Name of Subcontractor and Address State License Number Class 3hVT7LANPr 1 52 C 1 0 1•1 il q 1959.5 C y .2-2- CAM c. - b)LIae M mum a 500 AMMM74G"5 I I D L CDNs S e, S W S 15 .00MC`5l > , c, : BUEKA , - S 51557 C-33 C -36 - C -1 Q By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-5 I LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of {by percentage of the total bid} the work to be done by such subcontractor. Portion Name of Subcontractorand Address State License Class of Work Number FI I AKill- De �M U_ 12( A'N Tr I W -v C'(WbMPr 75 '-7,q �2_ I 11 •5 OfINS T ()NiA_Al() i a�q qQ4 1 (A 1 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-5 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion Name :of Subcontractor and Address State License Class of .Work Number <f%) By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-5 LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she proposes to use. Type of Material or Product Name of Vendor Address of Office and Televhone Number and.Model(s) Number(s) C-6 NONCOLLUSION AFFIDAVIT TO RE EXECUTED BY BIDDER. AND SUBMITTED WITH RID State of California ss. County of Orange l &kkY 6, Mu h,Y , being first duly sworn, deposes and says that he or she is �/1 u flR esj XN i of, i`f}NSn�iCTi.0i�1 the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 'DT MCQ.. INc Name of Bidder 1,540 .S L.Ems STI AwAtiuMl CA ql-! S Address of Bidder Subscribed and sworn to before me this Vlk day of 011 MB K , 20 0`7 NOTARY PUBLIC Vii Uvr Vw Y Vii V� J NOTARY SEAL YVONNE �O *=EdZ Commission # 1615917 ® Notary Public - California Los Angeles County G7 - my Comm. Expires Nov 19, 2009 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 City Hall Seismic Upgrade (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. -vim cros1 rRylloN Cal Contractor LAREY (I MOVIAY, Vic' FgrF ,sinENf Title Date: NolgWbW bi �)_W7 BIDDER'S QUALIFICATION STATEMENT CERTIFICATION: Due to high level of importance of this Project to the City of Huntington Beach as well as the emphasis the City places on the welfare and safety of the public, minimum qualifications have been established for this contract. All bidders must fill out the form listed below with the appropriate reference information. The undersigned bidder certifies as follows: 1. As a licensed A or B Contractor, Bidders must have a minimum of five (5) years experience in successfully completing contracts of a similar nature (public or private buildings), size, and contract amount to that for which he is submitting this bid. "I certify that .M CONS Cif_ QK JINC. (bidder's firm name) as a licensed A or B Contractor has been successfully completing contracts of a similar nature, type, size, and contract amount to that for which I am submitting this bid for a period of _ years." 2. As the Prime Contractor, Bidders must have successfully completed three contracts of $4,000,000 or more in bid contract value for similar facilities (public or private buildings including Office Buildings, Fire Stations, Maintenance Facilities, Libraries, Courthouses, City Halls, Higher Education Facilities or other similar buildings) within the last five (5) years. List three appropriate contracts below:��- Project l: Project Description: Base Contract Amount as bid: Owner / Agency Name: Contact Person / Telephone #: Date Completed or Percentage Complete: Project 2: . Project Description: Base Contract Amount as bid: C-9 DJM Construction Co., Inc. Project List Printed on: 11/1/2007 (2000 to Present) Original Revised Percent Year Project Project Owner Architect Contract Contract Complete EDUCATIONAL 1 2006 UCLA Sproul Hall Refurbishment 2 2006 Whelan Elementary School (New) 3 2007 East L.A. College Utiltities Infrastructure 4 2005 Mission College Parking Structure "A" 5 2005 Physical Ed. Seismic Replacement 6 2003 Ramona Elementary School 7 2001 Viva Market Elementary School - New 8 2007 Golden West College Health Science Building 9 2007 Pierce College Campus Utilities/Improvements 10 2004 Los Angeles Primary Center #5 11 2000 Richard Gahr High School Modernization 12 2005 Harbor College Campus Wide Utilities System 13 2005 UCLA Geology Seismic Correction 14 2004 Centralia Schools - Multiple Schools Upgrades 15 2004 Hughes E.S. & Menlo E.S. Parking 16 2004 Pacoima Middle School Modernization 17 2005 Mount Washington E.S. Multi -Purpose Room 18 2005 Jefferson Middle School Gymnasium 19 2004 Hoover E.S. & Lowell E.S. Modernization 20 2003 Alta Loma... Safety/Tech 7 Elem. Schools 21 2001 Rancho San Joaquin & University Park Mods 22 2003 Breed E/UM/P Elem Schools 23 2005 Various Group No. 5003 HVAC, Chillers, Boilers 24 2005 A.B. Miller High School Classroom Bldg. Addition 25 2003 Commonwealth & Hoover Elem. Schools 26 2003 Belvedere Middle School 27 2004 Maywood New ES Pedestrian Bridge Regents of the University of California UCLA Housing PM 23,682,000 23,688,306 40% Lennox School District Ralph Allen 22,312,000 22,312,000 42% Los Angeles Community College Dist. 20,774,000 20,774,000 1 % Los Angeles Community College Dist. Int'I Prkg. Design Grp 18,985,000 20,084,432 100% Rancho Santiago Cmnty. College Dist. Thomas Blurock 14,400,000 15,390,873 100% Los Angeles Unified School District Tetra Design 12,135,000 12,985,000 100% Lennox School District Ralph Allen 10,677,000 11,837,572 100% Coast Community College District 11,764,000 11,764,000 10% Los Angeles Community College Dist. 11,725,000 11,725,000 45% Los Angeles Unified School District Cunninham Grp. 9,421,000 10,414,000 100% ABC Unified School District WLC Architects 7,669,000 7,735,928 100% Los Angeles Community College Dist. In Progress 7,575,000 7,714,779 100% Regents of the University of California In Progress 7,364,000 7,443,538 100% Centralia School District Leidenfrost/Horowitz 5,861,000 6,320,555 100% Los Angeles Unified School District Choate Parking 5,899,000 5,964,182 100% Los Angeles Unified School District John Williams 5,754,000 5,858,198 100%. Los Angeles Unified School District Luckman Prtnrshp 5,494,000 7,650,610 100% San Gabriel Unified School District Thomas Blurock 5,350,000 5,771,472 100% Santa Ana Unified School District JZMK Architects 4,974,000 5,131,000 100% Los Angeles Unified School District Various 4,767,000 4,860,446 100% Irvine Unified School District HMC Architects 4,297,000 4,572,737 100% Los Angeles Unified School District Various 4,564,000 4,459,138 100% Los Angeles Unified School District William Yang & Assc. 3,175,000 3,370,009 100%. Fontana Unified School District Perkins & Will 3,023,975 3,187,039 100% Los Angeles Unified School District Storms & Lowe 2,159,000 2,247,562 100% Los Angeles Unified School District Kocher & Scherra 2,174,000 2,179,154 100% Los Angeles Unified School District Gensler & Assoc. 2,162,000 2,165,365 100% Page 1 of 3 DJM Construction Co., Inc. Project List Printed on: 11/1/2007 (2000 to Present) Original Revised Percent Year Project Project Owner Architect Contract Contract Complete 28 2003 Figueroa & 109th Elem. Schools Los Angeles Unified School District Complete 1,598,000 1,711,466 100% 29 2001 Paulding Middle School Modernization Lucia Mar Unified School District Complete 1,313,333 1,431,263 100% 30 2003 Olive Vista Middle School Los Angeles Unified School District Complete 1,115,000 1,201,637 100% 31 2000 Grandview Elementary School - Electrical Manhattan Beach Unified School Dist. Complete 915,000 956,876 100% 32 2001 Berendo Middle School Modernization Los Angeles Unified School District Jubany Architecture 798,892 882,557 100% 33 2001 Aloha, Hawaiian, Stowers, Gonzalves ES Plumbing ABC Unified School District Complete 841,430 850,648 100% 34 2001 Arroyo Grande H.S. Modernization Lucia Mar Unified School District Complete 623,333 656,499 100%. 35 2001 Alice Shaw Elem. School Modernization Lucia Mar Unified School District Complete 623,333 646,561 100% 36 2001 Juniper, Redwood, Poplar ES- Sitework/Utilities Fontana Unified School District Complete 548,000 572,835 100% 37 2005 Redondo Beach Union High School Mod. Ph. 2 Redondo Beach Unified School District Flewelling & Moody 541,000 541,000 100% 38 2001 Mission Viejo Fire Alarm Replacement Saddleback Valley Unified School Dist. Complete 496,348 540,820 100% 39 2000 Grandview Elementary School - Sitework Manhattan Beach Unified School Dist. Complete 396,000 435,587 100% 40 2005 Redondo Beach Union High School Mod. Ph. 1 Redondo Beach Unified School District Flewelling & Moody 388,000 388,000 100% 41 2001 Pacific Elem. School - BP 3, Doors/Hardware Manhattan Beach Unified School Dist. Complete 271,000 297,767 100% 42 2000 Grandview Elementary School - Painting Manhattan Beach Unified School Dist. Complete 197,000 216,406 100% 43 2000 Pennekamp ES Relocatables Manhattan Beach Unified School Dist. Complete 178,493 187,995 100% 44 2001 Rancho Santa Margarita Int. School Stucco Saddleback Valley Unified School Dist. Complete 129,000 141,897 100% STATE & MUNICIPAL 1 2007 Central Kitchen & Satellite Kitchens Department of General Services 22,377,000 22,377,000 .1% 2 2006 Glendale Municipal Services Seismic Upgrade City of Glendale/Public Works Dept. 11,841,000 11,884,453 45% . 3 2003 Katella Sheriffs Training Facility County of Orange/O.C. Sheriffs Dept. Alexander -Hibbs 6,715,000 8,054,918 100% 4 2000 Venice Beach Ocean Front Walk Refurbishment City of L.A./Dept. of Parks & Rec 6,344,606 7,359,800 100% 5 2006 Port of Long Beach Fire Station #24 Port of Long Beach/Harbor Dept. RRM Design Group 6,378,000 6,378,000 19% 6 2003 Pasadena Power Plant - Civil Work City of Pasadena/Water & Power Dept. 5,694,291 5,906,833 100% 7 2000 West L.A. Parking Enforcement Facility City of L.A./Dept. of Public Works Nadel Architects 4,108,000 4,483,690 100% 8 2003 Arroyo Grande Fire Station City of Arroyo Grande 1,635,000 1,711,305 100% Page 2 of 3 DJM Construction Co., Inc. Project List Printed on: 11/1/2007 (2000 to Present) Original Revised Percent Year Project Project Owner Architect Contract Contract Complete FEDERAL 1 1999 VA Palo Alto Replace Clinical Bed Tower 2 2000 Vandenberg AFB Space IQT Academic Facility 3 2003 VA Long Beach Correct Fire/Life/Safety 4 2003 VA West L.A. Bldg. 500 5th Fir. Spedl Procedures 5 2000 VA Long Beach Hospice Bldg. 133 (X/Y/Z Wings) Department of Veterans Affairs Dept. of V.A. 14,090,140 15,747,862 100% U.S. Army Corps of Engineers U.S. Army COE 7,077,000 7,474,000 100% Department of Veterans Affairs Dept. of V.A. 3,186,250 4,271,888 100% Department of Veterans Affairs Dept. of V.A. 3,169,000 3,311,164 100% Department of Veterans Affairs Dept. of V.A. 2,100,000 2,180,121 100% $ 293,633,437 OWNER CONTACT INFORMATION Phone Fax ARCHITECT CONTACT INFORMATION ABC Unified School District (562) 926-5566 (562) 404-1092 Alexander -Hibbs (714) 630-3686 City of Arroyo Grande (805) 473-5444 (805) 473-5443 Cunningham Group (310) 306-9102 City of Glendale/Public Works Department (818) 548-3900 Flewelling & Moody (626) 449-6787 City of Los Angeles/Dept. of Parks & Rec. (213) 485-7933 Gensler & Associates (310) 499-5600 City of Los Angeles/Dept. of Public Works (213) 847-5331 (213) 847-5172 John Williams & Partners (310) 215-3064 City of Pasadena/Water & Power Dept. (626) 744-6559 (626) 744-4491 JZMK Partners (949) 861-4600 County of Orange/O.C. Sheriffs Department (714) 935-6967 Luckman Partnership (310) 274-7755 Department of Veterans Affairs (562) 826-5534 (562) 826-5828 Nadel Architects Fontana Unified School District (909) 357-5000 (909) 357-5128 Ralph Allen & Partners (714) 547-7059 Irvine Unified School District (949) 936-5000 (949) 936-5259 RRM Design Group (949) 606-4010 Los Angeles Community College District (213) 593-8686 (213) 593-8641 Tetra Design (213) 250-7440 Los Angeles Unified School District (213) 207-2300 (213) 241-8384 Thomas Blurock Architects (949) 646-9373 Lucia Mar Unified School District (805) 473-4390 (805) 481-1398 UCLA Housing Project Mgmt. (310) 794-9409 Manhattan Beach Unified School District (310) 318-7345 (310) 303-3805 WLC Architects (909) 987-0909 Saddleback Valley Unified School District (949) 586-1234 (949) 581-2813 Rancho Santiago Cmnty. College District (714) 323-6763 (714) 796-3910 Redondo Beach Unified School District (310) 379-5449 (310) 798-1176 Regents of the U.C./UCLA Capital Programs (310) 825-9961 (310) 825-4587 San Gabriel Unified School District (626) 451-5400 (626) 451-5494 Santa Ana Unified School District (626) 285-1242 (626) 285-2305 U.S. Army Corps of Engineers (805) 734-4670 (805) 734-4253 Page 3 of 3 Owner / Agency Name: Contact Person / Telephone #: Date Completed or Percentage Complete: Project 3 : Project Description: Base Contract Amount as bid: Owner / Agency Name: Contact Person / Telephone #: Date Completed or Percentage Complete: 3. Bidders must hold an A or B California Contractor's license that is valid at the time of bid submission. Bidder's may not have had their Contractor's license revoked within the last five (5) years. "I certify that���SiRi1C; �U �''(�,. I NC. (bidder's firm name) holds a 6 9 L- ulul ,) (classification and license number) California Contractor's license that is currently valid and has not been revoked within the last five (5) years. 4. Bidders may not have had a surety firm complete a contract on their behalf, or paid for completion because the bidder was default terminated by the project owner within the last five (5) years. "I certify that, CC�NSTRUG'iTlt �G.. I NG (bidder's firm name) has not had a surety firm complete a contract on our behalf, or paid for completion because the of default termination by the project owner within the last five (5) years." Owners or officers of bidding fines shall not have been convicted of a crime involving the awarding of a contract of a government construction project, or the bidding or performance of a government contract at any time during the last five (5) years. "I certify that the owners and officers of WH CONsmicfloN (bidder'sfirm name) have not been convicted of a crime involving the awarding of a contract of a government construction project, or the bidding or performance of a government contract at any time during the last five (5) years." C-10 6. The project includes extensive structural system retrofit. The Contractor must be experienced in the construction of building's structural systems and must have successfully completed three such construction projects, with a construction value of over $2,000,000, within the last seven (7) years. "I certify that �j'I�i COMB i U ICITIDN Co. ( Lac. (contractor firm name) has successfully completed three structural system retrofit construction projects, with a construction value of over $2,000,000, within last seven (7) years." List three appropriate contracts below: Project 1: Project Description: WTA DNA .OLLEGAE VH`(�1CAi_ Ei�A,iC:itWN Base Contract Amount as bid: I 15, 39 0,573 Owner / Agency Name: MNC40 SRN IW-10Call'l1ylUN I]y i`OUffRE DO-, Contact Person / Telephone #: 0103'l3 -0-703 Date Completed: EJu of 2-0 0-7 Project 2: Project Description: U Ci 1 Cat �0 Lt7C��( E IDS M i C C0 E M Dt1 Base Contract Amount as bid: Owner / Agency Name: izW +F 91S [)F -IHF- U : ' flu C LE (' MELT' L PR(I �vhNi S Contact Person / Telephone #: KI F gft Lt- k- Date Completed: bL( wer= zo& Project 3: Project Description: KLIC aA NEW SHII IEEE -- 19BININ61 • L� ii � � yaii Base Contract Amount as bid: 4 , 06 ilo 9 19 C-11 Owner / Agency Name: CTU01 `DF C . Sbegj FFS DjLf I Contact Person / Telephone #: Log WOG C 11g)0113S 10b% Date Completed: 01 NI ft k 9-0015 NOTE: This Bidder's Experience and Qualifications Statements constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of these Statement. Date: 1 i 0-6 :42D7 00 CoNS UMN M. ING, CONTRACTOR (Insert ame of ' der's Firm) B: Printed Nam Title: _ SCE ESIMgf RM Printed Name: Title: C-12 DISQUALIF'ICAT'ION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes [ 'No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-13 CONTRACTOR'S BONDS Provide a letter from the Bonding Company (on bonding company's letterhead) indicating date of letter, your company's name, company address, company's aggregate work capacity (the maximum amount of work your company is capable of undertaking for any and all projects), and contact information for bonding company's representative. Qualification ofthe prospective bidder is contingent upon the bonding company having at least an "A -"(A minus) rating by the A.M. Best Company. Prospective bidders will be disqualified if the Bonding Company is not at least an "A -"(A minus) rating by the A.M. Best Company. C-14 Inquiries Re6ardin6 Claims Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Undenvnters Insurance Company Twin City Insurance Company Hartford Insurance Company of Illinois Hartford insurance Company of the Midwest Hartford Insurance Company of the Southeast Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number 888-266-3488 Fax - Claims 860-757-5835 or 860-547-8265 E-mail claims a ] stepsuretv.com Mailing Address The Hartford The Hartford Fidelity & Bonding (BOND) Hartford Plaza 690 Asylum Avenue Hartford, CT 06115 rjHly: �11Z'1,FORD October 30, 2007 City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Re: DJM Construction Co., Inc. City Hall Seismic Upgrade, CASH Contract # 1306 Dear Sir or Madam: DJM Construction Co., Inc. is a highly regarded and valued client of the Hartford Fire Insurance Company. The Hartford is prepared to entertain any contract that falls within DJM Construction Co., Inc.'s business plan. Due to the nature of their business, we have no set capacity threshold — single job or aggregate — for this account. I can state we favorably consider single projects in excess of $30 million with an aggregate of excess of $100 million. It is our understanding that if the City of Huntington Beach awards DJM Construction Co., Inc., a contract on any project, Performance and Payment bonds may be required. We will favorably consider them at that time. This letter should not be considered a commitment to bond any project. The execution of contract bonds can only be made at the request of DJM Construction Co., Inc., as our contractor, and subject to a review of the final contract terms, conditions and financing by our client and us. Should you have any questions, please do not hesitate to contact me at (415) 209-9421. In - Insurance Company Direct Inquiries/Claims to: POWER OF ATTORNEY P.0.60" 0 o9D S�OR®YLUM ENUE HARTFORD, CONNECTICUT 06115 calf: 888-266-3488 or fax: 860-757-5835) KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 57 556106 x� Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws ofthe State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, Up to the amount of UNLIMITED K. DIXON WRIGHT, STEVE DEDRICKSON, STACY M. DAVIS OF NOVATO, CALIFORNIA their true and lawful Attorney(s)4n-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by Its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney_ Paul A. Bergenholtz, Assistant Secretary STATE OF CON N ECTICUT _,, Hartford COUNTY OF HARTFO RD On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ♦ %1ilu� Scott E. Paseks Notary Public CERTIFICATE My Commission Expires October 31, 2007 }FJti`s yrr Mi� ylr 4 6 -� David T. Akers, Assistant Vice President I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of October 30, 2007 Signed and sealed at the City of Hartford. .} ,,, ►SµMrylllrr„T, � ILa,T rZ �~0 �/AOi�s l:µi 8 , � {. ',!,•;.n a v/t`� ° �.:tMl� -1ti�ti: g 9 a//_I � r��r 9 4s'► .q 19�r• i Gary W. Sturnper, Assistant Vice President POA 2005 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin On October 30, 2007 before me, K. Dixon Wright, Notary Public DATE NAME, TITLE OF OFFICER - E.G. "JANE DOE, NOTARY PUBLIC" personally appeared Stacy M. Davis r NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their WK.:DIXO:NWRIGHTC signature(s) on the instrument the person(s), c�iFORNAor the entity upon behalf of which the o°v.2i 2007� person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATXRE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ I IMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Dartford Fire Insurance Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BD-1133 3/94 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract, Date:1f)��(�/�P,E�c Contractor By Lag G. KUWAY Vim- ftf-siuNT Title C-15 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid.. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Co STr2'c oN co, INC, Contractor LIKE / C-1. MURRAY ViC E PREsS (DENT Title Note: This fonn is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-16 BIDDER'S INFOIZMA'TION BIDDER certifies that the following information is true and correct: DGM QORSTWG�W CO,, INC, Bidder Name 1,')'t0 3, MEWS Business Address Telephone Number A State Contractor's License No. and Class SuNe 15, IRgo Original Date Issued Expiration Date The work site was inspected by L flgp—Y Cam(. ICU RPk of our office on l6 200-7 . The following are persons, firms, and corporations having a principal interest in this proposal: KPIAV ► ur;: C-17 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. D-N( Co-� INC LARD( (�i. VIUKEftY, 'Vl(�E VRESI�pFNT" Printed or Typed Signature 15+V 3. aais Sr, ENAijeiM. CA g2SQ5 Address of Bidder (14 ) 399 -3040 Telephone Number Subscribed and sworn to before me this 1!7 * day of Nolu'VIBER , 20 G7 . NOTARY PUBLIC l 1 All A) NOTARY SEAL ;tNNE DOMINGUEZ g_ Commiisslonn # 1615917 L r� Notary PUbllc - COOfomlQ ZZZ Los Angeles County ff My Comm. Expires Nov 19, 2009 C-18 BID BOND Approved by The American Institute of Architects, A.I.A. Document No. A310 February 1970 Edition KNOW ALL MEN BY THESE PRESENTS, that we (Here insert the full name and address or legal title of Contractor) DJM Construction Co., Inc. 16613 Valley View Avenue Cerritos, California 90703 as Principal, hereinafter called the Principal, and (Here insert the full name and address or legal title of Surety) Hartford Fire Insurance Company 33 New Montgomery Street, 7th Floor San Francisco, California 94105 a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held firmly bound unto (Here insert the full name and address or legal title of Owner) City of Huntington Beach 2000 Main Street, Second Floor Huntington Beach, California 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten percent of amount bid Dollars ($ 10% ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for City Hall Seismic Upgrade, CASH Contract #1306 (Here insert the full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid. then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of No&- BE20Q-7. In the presence of - (Witness) (Witness) Direct Inquiries/Claims to: THE POWER OF ATTORNEY P.O. BO2103, 6 D S�oRD AVENUE HARTFORD, CONNECTICUT 06115 caH: 888-266-3488 or fax: 860-757-5835) KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 57 5 561-06 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut O Hartford underwriters insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana l� Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana L �.J Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut (hereinafter collectively referred to as the `Companies") do hereby make, constitute and appoint, up to the amount of UNLIMITED K. DIXON WRIGHT, STEVE DEDRICKSON, STACY M. DAVIS OF NOVATO, CALIFORNIA their true and lawful Attomey(s)4n-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003. the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. � .;.+�•ryw.?,' ►ear = * 0 ID �J�'x,ar,+r1C J �+nWip 'fc-0 0', . rt-� Paul A. Bergenholtz, Assistant Secretary David T. Akera, Assistant Vice President STATE OF CONNECTICUT SS, Hartford COUNTY OF HARTFO RO On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly swam, did depose and say. that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. aScott E. Paseka Notary Public CERTOXATE My Commission Expires Octobcr 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of �j� �t t• ti . `�®� Signed and sealed at the City of Hartford, "' ,itwA ✓'r - �,,.�.. r�` q'taq►\ r070/II ta4=f "4 r979 Gary W. Stumper, Assistant Vice President POA 2005 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Marin On KoV tM fEK (0) 9-DO-7 before me, K Dixon Wright, Notary Public DATE NAME, TITLE OF OFFICER - E.G. "JANE DOE, NOTARY PUBLIC' personally appeared Stacy M. Davis NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 0 K. DIXON WRIGHT 3 signature(s) on the instrument the person(s), oTal�rFMX_cAUFoaw , or the entity upon behalf of which the DOZE NNOV.2�1,=fth person(s) acted, executed the instrument. WITNESS my hand and official seal. IA4 SI NATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ I IMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Hartford Fire Insurance Company DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BID-1 133 3/94 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184