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The Stone Collector - 2016-02-16
CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION DATE:' 1/23/2017 TO'. THOSE LISTED HEREON v "V FROM: Joseph Dale, PW Construction Manager SUBJECT: Retention Release Payment - PO#21623 OJ Supplier#98493 Co.#100 Heil FS Tenant Improvements, Project#CC1535 Contractor's Name: The Stone Collector - < Address: 2220 Skyline Drive t City, State and Zip Code: Fullerton, CA 92831 Phone Number: 714 7974610 City Business License Number: A295168 Notice of Completion (Date by City Clerk): 6/28/2016 z ' r, The:conf6 hied 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. <<_ ate. Travis . Hopkins, Director of Public Works s certify tfiat there are no outstanding invoices on file. Date Joyc Za ks, Deputy City Treasurer , b r I certify that no stop notices are on file, and that a guaranty bond has been filed with the City Clerk's Office. 4 z3 � } Date rRobin Estanislau, City Clerk �a Attachments ►� r 1 Notice_of Completion 2. Maintenance Bond 3 'Certificate'of Compliance with Prevailing Wage Laws 4 ,Contractor's Certificate 5 "Certificate of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 6. Consent for Release letter from the Surety Company 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 1 Re: Certification of Compliance with"Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: C, ...........--—------------- The undersigned contractor on the above-referenced project("Project") hereby certifies that it has complied with title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, color, religion, sex,sexual orientation, gender identity,national origin,age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, color,religion, sex, sexual orientation, gender identity, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of at California. v, .......... (Contractor Nam e-) APPROVED AS TO F 0 R-M By: Michael E. Gates City Attorney 1, t 4 __.__ _ state and certify that: li e nne ofDeclarant) is the general contractor to the City of Huntington f3cacla ("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). 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 clairns; if:none, write,"NI ONE"). 1 declare under penalty of perjury under the laws of the State of California that the f-oregoing is true ,and correct. Executed at on this day of mm 20a (�ttf;l'1GlZt�F°G'C1f l�t'.G:IGIYCJ%ll} APPROVED AS TO fO- R-%1 Michael E. Gates City Att{nrney 1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/11.0, Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage I avN,s 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 trite and correct. Executed this day of_ A 20 at California. (C'onlractor Na e, �� APPROVED AS TO FORM By: ............. Michael I . Gates City Attorney RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) >tf CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION OLD TO: City Treasurer FROM: City Clerk DATE: / SUBJECT: Bond Acceptance I have received the bonds for 'L� (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. / TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved (Cour it Approval Date) CC No. ��� Agenda Item No. .1- MSC No. City Clerk Vault No. AnQ, kz Other No. SIRE System ID No. / V—T g:/forms/bond transmittal to treasurer BOND No.71754085 l�iir,,lif ElAI N E BOND' ?<.IACA,AI AL`_ E:RSONS.B't I YE:SL PRESFN'1 S: fiat Moutaz Allayed dba The Stone Collector (contractors raohe) 1-220 y5k�ine _irtv_e;�ultom C erA_ 92= _ (contractor s street address.city and state and rio cods:) as Prncip-al theraiaaffer called Contractor),and- WESTERN SURETY COMPANY (surety's dame) 133 S.WabasFt Ave. st oca,Chic2go,IL 606N -- (se:rety s street address,city and state and zip code) th Dakota a corporation a gand existing urxix;ne iav�s of the State of Sou v�iwithits principal or+ce h1 the Cily of Chicago, ��go,IL as Surety(hereinafter celled Surety),air:held firmly bound unto CI-Y Or HUNTING—,ON BEACH as oblige ,hereimafter called Oivinor), in the am"unl cf Two Hundred Twenty Tun T n-sand Six 141 indr ff rind nn[lt!(pollars (s 22«bt0.0t3 ), erlriivalein to the emir.= contract arihouni inch=ding all rrders. for the payment whereof Contractor and Surely bind thertlsetves. their hrlrs executors,admirrisfrators,Bur esscrs,and assigns,jointly and severally;firmly by ihwae pie.enfs, WHEREAS,Surety is a duly aJm+itc'r1 s:ir..::y❑hsurer uo6er lire.aviis of the stare of California:and Surety is ceniried and listed in the U.S.Department of the+reasiry Circular 570 and auto►o provide p o f r?{l>onding liinitatiort shown,in gad cirrul2r is sufiir•em to provide--Mends in the amount rertuired by said Contiacl acid Surely has provided financial slreaglh ratings from reputable companies,su;.h as ham A..iyl.Res-., ivtoody's,Si_ntfard E Poor s to validate that Surety has positive ratings of being secure or stable;and Surety is registered and listed vsth the California Department of insurance,and Contractor has oy written agreement dated 20 ,entered into s contract+nth G%,merfcr the Heil Fire Station Tenant Improvements, roject�L''Z,?535^ ___ _ _ _ _ ill with drawings and specifrvations prepared by _ which e>ntracl is by reference rnadF a part rereof(iereinarer referred to as the Contract;:and T'te C:antrari provides that Me principal wi3 guarar,tea, fx a period at err(year, the 1.vork perforried as Part c`the Contract trim and acairist ell c elects in materiais anti workman-'hip;and —fit!Coir'racl,also provides that life Cc-nliacloi shall secure Cca+lracloi s ublit.taiions during the pr`e-ychr orrrr),i wrtf;a bond cxcculec by a surety duty admitted in The state of California;and i ha Con:raet has beYrf cornplated,aced Ih own';i.ContncctVr and.SLrefv a rec•that.the l onnnlencen)ent date t{)r thos Goal anlue and-Bone shal!be June 29 2010 NOW 7 HE-PEFORE, THE CONOI T ION OF THIS rdeL'CATtoN is such that if Contractor shall, for a period ct one year from and after Ilse data of cornpieiickn ano accoplance of the Contract by CM41er, iepair and/or +-Place anyarlrl all defects arisino in the Mork. whether resulting from defective materials or defective workmanship, :hen this oblicatinr:%Fait be txdl and void:othery ise,it call'remain in frill force•and effect. The Surety hereby waives dative of any alteration nr extension of firne;made by the Owner. Whenever Contractor shall be, and declarer! by Owner to be in defar-tf under t". Contract, life Surety shall within Viir y (30) days follow-rg Owner's written notice of de?autt, either: (a) remedy the default, or ;b) shall promptly co,np�ete Lne Contrari in accoiasnce wa Th its terms and conditions. S:lreiy shall sage the Owner harmless from any claims,ju-:90eiit5,4,-ros or Ns es A-i'=ing froi%, `,}^.e Sur?iv s f8;ve tij either remedy the default gar.o cumplete(ire Ccrhlract in ecr:crdancc willh its Terms and c!,nddrons er a itmely rra.nrier ::�er;N:aer(h ?-in par clad be,and dsnared by t-s l :::er W be in tieiautt uncle :':t Ct n )ct.�::,iLit :`,ha'!i;cuJ w'rilhout IWitztia:r, any breach or default of the Contract-then, alter vvritten notice iroM the Cwr%ci to 1110 Si}trig as: provided So:be ow.the Surely star,ether: ia)ramecy the dsiauil or breach by Vie Principal.cr(u.) Shall;xompky and failmfulty take charge of tree Work arici cornpiete the Mork in accardance with(rt-a rersuirerrrertt;c of the CoOrar_t-with a contractor otter than the Principal.at its own expense,arxf make available as wolk progresses sufficieni funds to Pay the z.ost Or comoletiori less the unpaid balance of tl.e Co:itraci mcludino other coats ana tion3ge3 'C( 6'frlict', th:: surety may be liable heraunder, provided,however.thai Ilre Procedure by which )lit'Surety undertakes io disciiarne its oEtliyations under this Bortd sliatl be subject to the advance writt€n aPpawaf of h-t:OvvFICi. 'Nilhin Batty 20) days aiter Suiefy"s receipt of a wri_ten native irony Owne; of the raift,ie; Of llerfOrnlance sf Ilw Contract by thL-Prutcipal, if shall be tna duty of the Surery fri give to ilia Chdner e rmicn. in vwiiinq— tii !,-e Strrety'S election.o(a)fp-rnedy"^e aefaultts)of the Principal proitiptty,or(b)arrange yr perfuimance of the Contract p,orrrr,(Ty by a cpnlraf1or other than the Principal. time being of essenr:e to this Bond. in said iytttica--of Eiee-1ion, the Surcty shall state the Baia of cortimencement of its cure or remedy of the Prind al's detautt(s) or:ts perforrnanw.of the= Contract. The Surety's obiiyations fur cure or remedy,include but a:-j riot limited lo: coveciiCn of da,active woik and completion of tie Contract, additional le,ai, design professional and delay cosis arising .torn Surety's actions or `.allure to act ano liquidated damages (or iR no liquidated damages are speOied in the Contrac,. actual damages .caused by delayed performance or non-p-erformance by the Principal). roe Surety shalt give prompt wuriflen netme to :hr Owner upon nompLtio n of the cure or retnecfv of the Principal s dcfault(s)of its per1crmarice of the Contract. If the Surely:toes issue its Notice..of Eiertion and noes not Pro;ccd to caica.or rervedy the Principal's default(s)of its oerforntanc_of ih45 Work within thirty(30t hays after receipt&a w><'ritien nonce Irons DwYnei.Surery shall be rlcsrncd to be in default em Mrs bond,ana the Ovrner shall b`:entitled to enforce any remedy,-avaiiaulr:to Ov+n_r. 'wto right of action shall accrue or,[his bom;to or for the use vi ar-y persoTi of Corporation oth'-.1 Itian the ak-j-er r:amid herein or tht successors of Owner.. Siar:ed ane st aied this 29th ,-day of June 21l 16 Principal Raised Corporate Seal The Stone Collector fh iCIST nE AFFIXECY. Conlracicr Namie} .(Se: Principal Raised Corporate Seal IMUSi BEAFFiXcII! --�3 x (Tille) WESTERN SURETY COMPANY I �690R_ATE�' i BY: r" (seal)APPROVED By: .fr=t�S Echael E. Bate . Cit;+Attorney :,ckror;fzd9mzrl>inust e�r.�mrftetad an:'t rerrtrn�3 r'' '� .. as C2:'Cr the bor,--3. ! l _. Raised tx:''Gfil3:@ Sanl5 aie rn3ri.'f3v),y.. Flees_=atta&Pr war ci klett,ey. Western Surety POWER Or ATTORNEY-CERTIFIED COPY Bond No. 71754085 Know All Men By These Presents;that WESTERN SUIi.I±:PY COMPANY,a corporation duly organized and existing under the laws of the State of South Dakota,and having its principal office in Sioux Falls,South Dakota(the"Company"),does by these presents make, constitute and appoint MICHAEL RUBIN its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred,to execute,acknowledge and deliver for and on its behalf as Surety,bonds for: Principal: Moutaz Allayed c1ha The Stone Collector Obligee: THE CITY OF HU14TINGTON BEACH Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds,were signed by the Senior Vice President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirraing all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "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,any 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 stwh.officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of -Ju n _'9__, 2`-317 but until such time shall be irrevocable and in full force and effect. InV Western Surety Company has caused these presents to be signed by its Vice President,Paul T.Bruflat,and its co e3aelY%•bi, this 2 9 t t _day of Ju n e 2 U l c 'rgt" WEST R SL7RE COMPANY �.. 1. S� A Paul T. ruflat,Vice President CO ;'fift"#3;iatfi� On his L 9th day of u u r_e in the year 2016 before me,a notary public,personally appeared Paul T. Bruflat,who being to me duly sworn,acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. t4444+Wh444444444b4444444 t s J. MOHR f �i fL HOl ARY PUBLIC jY Notary Public-South Dakota a SOUTH DAKOTAA t44444444444444444444444 t My Commission Expires June 23, 2021 1 the undersigned officer of Western Surety Company,a stook corporation of the State of South Dakota,do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof.I have hereunto set my hand and seal of Western Surety Company this 2 9th day of June 2016 WE �SIJR�E Y COMPANY SI � R Paul T,fruflat,Vice President 7'o validate bond authenticity,go to www.enasurety.eom >Owner/Obligee Services>Validate Bond Coverage. Farm F6306.1-2M Consent of Surety to Final Payment A CHI E ❑CT ❑ CONTRACTOR ❑ SURETY ❑ AIA DOCUMENT G707 OTHER ❑ Bond No. 71754085 TO OWNER: ARCHITECT'S PROJECT NO.: (Name and address) CITY OF HUNTINGTON BEACH CONTRACT FOR: 2000 MAIN STREET HUNTINGTON BEACH CA 92G48 Heil Fire Station Tenant Improvements, Project #CC1535 PROJECT: (Name and address) CONTRACT DATED: In accordance with the provisions of the Contract between the Owner and the Contractor as included above, the WESTERN SURETY COMPANY 333 S. Wabash Avenue, 41st Floor, Chicago, IL GOG04 (Insert name and address of Surety) SURETY, on bond of Moutaz Alsayed dba The Stone Collector (Insert name and address of Contractor) 2220 Skyline Drive Fullerton, CA 92831 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 CITY OF HUNTINGTON BEACH, 2000 MAIN STREET, (Insert name and address of Owner) HUNTINGTON BEACH CA 92G48 OWNER, as set forth in the said Surety's bond.IN WITNESS WHEREOF,the Surety has hereunto set its hand on this date: December 19, 201G (Insert in writing the month followed by the numeric date and year.) WESTERN SURETY COMPANY (Surety) Attest: g „ C. Bei UaEt(.bra.: ,' c (Seal): �X (Signature of authorized representative) (Printed name and title) Attorney-in-Fact Printed in cooperation with the American Institute of Architects(AIA)by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AIA Document G707-Consent of Surety Company to Final Payment- 1994 Edition. t Western Surety POWER OF ATTORNEY- CERTIFIED COPY Bond No, 71754085 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls,South Dakota(the"Company"),does by these presents make,constitute and appoint T Davis its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety,bonds for: Principal: Moutaz Alsayed dba The Stone Collector Obligee: CITY OF HUNTINGTON BEACH Amount: $1, 000, 000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "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, any 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." All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of January 19 2017 but until such time shall be irrevocable and in full force and effect. � In N®rR j`�t iae,of, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its q rlorate Seal tQ,beea.f xed this 19th day of December 201G WE S R SURE Y COMPANY STATE':OF SOUTH DOTA Paul T.Auflat,Vice President � 3 e ss COU I` QIvIINiEIAHA On this .19th day of December in the year 2016 before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTER SURETY COMPANY-and acknowledged said instrument to be the voluntary act and deed of said corporation. sss55555555�s555s5555555t s J. MOHR s a `Yyq&- � s ^ NOTARY PUBLIC ^ s SEAL SOUTH DAKOTA SEAL .sc Notary Public-South Dakota s s t5�,�55555555555555555555t My Commission Expires June 23, 2021 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 19 th day of December 201G WES E SURE Y COMPANY Paul T.Yrruflat,Vice President To validate bond authenticity, go to www.cnasurety.com >Owner/Obligee Services>Validate Bond Coverage. Form F5306-1-2016 _ -rr-.. RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to /� a✓ .�iis E City Clerk's Office (Name) after signing/dating ✓I (Date) CITY OF HUNTINGTON BEACH =: INTERDEPARTMENTAL COMMUNICATION 1!ID TO: City Treasurer FROM: City Clerk/ l DATE: SUBJECT: Bond Acceptance I have received the bonds for (Company Name) CAPITAL PROJECTS (includes CC's and MSC's) Performance Bond No. Payment Bond (Labor and Materials) Bond No. / Warranty or Maintenance Bond No. 7 / 7- TRACT AND DEVELOPMENT Faithful Performance Bond No. ` Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved (Council Approval Date) CC No. � �� Agenda Item No. MSC No. City Clerk Vault No. Other No. SIRE System ID No. �� T g:/forms/bond transmittal to treasurer Document-143 3112-Page-1 Page 1 of 1 Recorded in Official Records,Orange County Hugh Nguyen,Clerk-Recorder i NO FE E PLEASE COMPLETE THIS INFORMATION I) $ IRI I) II II I8I I II8I I5I I5I I II8) $ II RECORDING REQUESTED BY 2016000293538 2:10 pm 06/28116 227 402 N12 1 t 000000000000000000000000 WHEN RECORDED MAIL TO CITY OF HUNTINGTON BEACH I PUBLIC WORKS DEPARTMENT Attn David Verone II P O Box 190—2000 Main Street f Huntington Beach,CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT +I NOTICE OF COMPLETION S 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 The Stone Collector,who was the company thereon for doing the following work to-wit ) Heil FS Tenant Improvements,Project#CC1535 That said work was completed 06/20/2016 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 06/20/2016,per City Council Resolution No 2003-70 adopted October 6,2003 s That upon said contract Western Surety Company,was surety for the bond given by the said company as required by law { I This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 6103 and should be recorded free of charge 1 V ,rector of Public Works �OtyEngm�eer Date s City of Huntington Beach,California STATE OF CALIFORNIA) County of Orange )ss ( City of Huntington Beach ) 1 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 I regularly ordered to be recorded in the Office of the County Recorder of Orange County I � i i This document is solely the official business of the City of Direct�WoEngineer Date If Huntington Beach,as contemplated under Government City of Huntington Beach,California f code section 6103 and should be recorded free of charge j THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) I i I � about blank 6/29/2016 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE STONE COLLECTOR FOR HEIL FIRE STATION TENANT IMPROVEMENTS THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and The Stone Collector, a California corporation, hereinafter referred to as "CONTRACTOR " WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as The Heil Fire Station Tenant Improvements 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 to, all expenses incurred by or in consequence of the suspension or 1 14-4390/121301 discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), has inspected the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement "Contract Documents" as defined herein mean and include A This Agreement, B Bonds covering the work herein agreed upon, C The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto, 2 14-4390/121301 D The edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc , 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project, E Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference), F The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith 3 14-4390/121301 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 Two hundred twenty two thousand six hundred Dollars ($ 222,600.00), as set forth in the Contract Documents, to be paid as provided in this Agreement 4 COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10)working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within Eighty (80) consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 4 14-4390/121301 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR, thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly 7 NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY CITY does not warrant that the work will be available on the date the Notice to Proceed is issued In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability 5 14-4390/121301 8 BONDS Only bonds issued by California admitted sureties will be accepted CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion 9 WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense 10 INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other 6 14-4390/121301 payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder 11 LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY, and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of five hundred ($ 500'00 ) per each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay, and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the 7 14-43 90/121301 findings of fact thereon justify the delay, and the decision of DPW shall be conclusive on the parties hereto Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen(15) days of the commencement of such delay No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. CHANGES IN WORK A Definitions (1) "Change Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4 (2) "Demand" means a written demand for a Change Order by the CONTRACTOR or CITY for changes in the work as stipulated in the contract documents B No Change Order may be granted except where the CONTRACTOR has submitted a Demand to the DPW (or his or her written designee) All Demands shall be 8 14-4390/121301 submitted promptly, but in no event later than fifteen (15) days after the occurrence of the event giving rise to the Demand The Demand shall be in writing and include all documents necessary to substantiate the Demand The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks The DPW shall act on the Demand within fifteen (15) days after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater C Notwithstanding the fifteen (15) days to submit a Demand under Subparagraph C, in the case of changed conditions or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions immediately, so that the CITY may promptly investigate the conditions D If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the DPW, in writing, either within fifteen (15) days of receipt of the DPW's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve E CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the DPW shall issue a written decision on the claim within a reasonable time 9 14-4390/121301 F. Following the meet and confer conference, if the Demand remains in dispute, the CONTRACTOR may file a claim with the City as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3 6 of Title 1 of the Government Code For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant 14 PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof From each progress estimate, five percent (5%) will be 10 14-4390/121301 deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement Partial payments on the contract price shall not be considered as an acceptance of any part of the work 15 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement 11 14-4390/121301 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California 17 WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement 18 INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall 12 14-4390/121301 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 obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation 20 INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage, including 13 14-4390/121301 products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY, however an insurance policy "deductible" of$5,000 00 is permitted CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement 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, 2. State that the policy is currently in force, and 14 14-4390/121301 3 Promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance CONTRACTOR shall pay, in a prompt and timely manner,the premiums on all insurance heremabove 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 15 14-4390/121301 after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24 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 less all such payments already made In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed Such payment by CITY shall be CONTRACTOWs 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, 16 14-4390/121301 specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost 26 NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 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 heremabove) 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 17 14-4390/121301 r below, provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U S certified mail-return receipt requested TO CITY TO CONTRACTOR City of Huntington Beach The Stone Collector ATTN David Verone, Public Works ATTN Moutaz Alsayed 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS 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 18 14-4390/121301 CITY, and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR 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, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing 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. 19 14-4390/121301 36 DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original Each duplicate original shall be deemed an original instrument as against any party who has signed it 37 CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event 38 SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive 39 MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties 40 SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact,held by the signatory or is withdrawn 41 ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement The parties also 20 14-4390/121301 acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof 42 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 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 21 14-4390/121301 43 PAYROLL RECORDS t 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 22 14-4390/121301 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on�/(10' 20/( CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporatio f the State of California By (pant name ITS Chairman �Presiden Vice-President City Cler (circle one) INITIATED AND APPROVED AND By Director o Public Works (print name) ITS Secretary/Chief Financial Officer REVI XAPPROVED Asst Secretary/Treasurer (circle one) City Manager APPROVED FORM City Attorney 23 14-4390/121301 SECTION C PROPOSAL for the construction of HEIL FIRE STATION TENANT IMPROVEMENTS CC No. 1535 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 therefore, 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 80 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or Jump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will re-advertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts,and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void `` Accompanying this proposal of bid, find Pjill.by-Y A in the amount of \Dj 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 for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any Addenda No. Date Received Bidder's Signature PROJECT BID SCHEDULE Item No. Item Bid Amount in Figures 1. Heil Fire Station Tenant Construct Improvements per Improvements, CC#1535 plans and specifications $ `LZZ� 1Ptsp " Total Bid Amount $ 2'L2, LnLM — Total Bid Amount in Words: o 4 �Wa w5 ev-A �a j C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor Bid Name and Address of Subcontractor State Class Dollar %of Item(s) License Amount Contract Number L4V By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the to of California that the foregoing is true and correct and that this declaration is executed on � t at_1 M Y\ Cp. ate City State VyJq,'2L , bem first duly sworn, deposes and says that he or she is o V- rt'L! of Cp 2t, 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. 1�� Atg AOA�g�� cal u4w- Name of Bidder Signature of Bidder Address of Bid er State of California County of_per Subscribed and swom to(or affirmed)before me on thld(+day of J416 201L, by 10 0 A tO Z L5 a ye J proved to me on the basis of satisfactory evidence to be the person)who appeared before me [�COMM G WAN CHOI #2012121 �_ NOTARY PUBUC•CAUFORNIA O Sig nature _ ORANGE COUNTY Comm Exp E April' 2017 C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the HEIL FIRE STATION TENANT IMPROVEMENTS, (I)(we)(1t) 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 Contractor By O r,-S yl, ( Title Date. C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, 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-6 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. VY q 115L�& cAwuka-,l Contractor By QK�tl y Title Date. IAN W- C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Saves C��\tea-�r' Bidder Name Business Address Kjx"b)'1 0( , au s I City, State Zip Telephone Number RR51q/ I 6 State Contractor's License No and Class R/Zoli4- Original ate Issued $ 13, 1 IV Expiration Date The work site was inspected by ur office on 201]0 The following are persons, firms, and corporations having a principal interest in this proposal: 'J4y—kir2 Aug The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and sppegcifications set forth. %,..- CgA alpr Comp v e 1 Signature of Bidder State of California County of Orange Printed or Typed Signature Subscribed and sworn to before me this a day of , 201 YOUNG WAN CWOI COMM#2012121 ' NOTARY PUBLIC•CAUFORNIA O COUNTY NOTARY PUBLIC �i_ C c�N��/���� G�/�_7 �. omm E I B 2017 AAAAAAAA,A RAAAAAAA,A RA A,A�L NOTARY SEAL C-s Bidder's Project History For the purposes of this project,the bidder shall provide project history of similar work Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years. 1 �o p c� - d`Q tz Name and ress of Publi gency CIA 9 �l w Name and Telephone No. of Project Manager: t,./ ;gI Lq}� Tc/- eQ90 ur�F f9" Contract Amount Type of Work Date Completed Provide additional project description to show similar work k Soya 2. Name and Address of Public Agency Name,and Telephone No not Project Manager Contract Amount Type of Work Date Completed Provide additional project description to show similar work: l' Name abb Address of Public Agency (JJVAfl.eJfJ> Name and Telephone No of Project Manager 4(e�\4 oT-71Mrf f, \qA,s6u P't- 21-ki-Ul 1c Qmo Contract Amount Type of Work Date Completed rlFcdoaac g��-e�-Foruv►�T,/ram comP�-M►,�7� 0916 Sir-per-mQ.�rovide additional project description to show similar work. t fr l'a.-•V& m , CO-Y,,,Lrtk et�p su x 10 Wbm LJ C-9 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years These projects do not have to be under the employment of the bidder of this project Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein 1. S Name of proposed Project Manager Telephone No. of proposed Project Manager: _ Y �� is Project Name&C act Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed I sc�•-�1� c$, J 35k Project Name &Contract Amount Type of Work Date Completed 2 W u?, AS S Name of proposed Superinten ent Telephone No of proposed Superintendent Project Name& o tract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed C-10 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771 1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July I through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300 Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIP,FACT SHEET on SB 854 http//www.dir.ca gov/DLSE/PublicWorks/SB854FactSheet-6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database https//efiiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103 5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid, or no later than contract award date. Contractor "l—, By bvJ,roc.,( Title Date A ol C-11 OD1 Western Surety Company BID BOND (Percentage) Bond Number 71740816 KNOW ALL PERSONS BY THESE PRESENTS,That we Moutaz Als ,yed dba The stone C.=11ector 2220 Skyline Drive, Fullerton, CA 92831 - hereinafter referred to as the Principal, and western Suretv Companv as Surety, are held and firmly bound unto c,ty of_1:1--t nrrton Reach of 2000 Main Street, Huntinqton Beach, CA 92648 hereinafter referred to as the Obligee, in the sum of Ten ( 10 %) percent of the greatest amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Heil Fire Station Tenant Tmnrovements NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee, or if Principal shall fad to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void, otherwise to remain in full force and effect SIGNED, SEALED AND DATED this 14th day of • aimary 2016 Moutaz Alsayed dba The Stone Collector (Pnncipa� By _ {Seal) Western Surety Compan: (Surety — , ) gy {Seal) p ` iich_�c. r t} in Attorney-m-Fact Form F6876 Western Surety, Company POWER OF ATTORNEY-CERTIFIED COPY Bond No 717 c 0816 Enow All Men By These Presents,that WESTERN SURETY COMPANY,a corporation duly organized and existing under the laws of the State of South Dakota,and having its principal office in Sioux Falls, South Dakota(the"Company"),does by these presents make, constitute and appoint M i c-h a e l Rub a n its true and lawful attorney(s)-m-fact,with full power and authority hereby conferred,to execute,acknowledge and deliver for and on its behalf as Surety,bonds for Principal Moutaz Alsayed dba The Stone Collector Obligee City of Huntington Beach Amount $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorneys)-in-fact may do witlun the above stated limitations Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect "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,any 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,of undertakings in the name of the Company The corporate seal is not necessary for the validity of any bonds,pohcies, undeualangs, Powei of Attorney or other obligations of the corporation- The signature of any such officer and the corporate seal may be pi inted bN flesniule ' All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of zur i l 14 2 U 16 ,but until such time shall be irrevocable and in full force and effect it-r Tir rN Western Surety Company has caused these presents to be signed by its Vice President,Paul T Bruflat,and its coi Itobe this 14th day of January =016_ WEST R SURE COMPANY .F S I` .TI y.1 St)ZTI H € `I 1 Paul T r i l qt Vice President ss C OUl4-X'°Q1�i�.i+f��t�`.\I I A sk On Liu 14 th day of January in the year 2016 before me,a notary public,personally appeared Paul T Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation }y44bbtitibbbbtititititibtibbbbbb + J. MOHR ;NOTARY PUBLIC/ i Notary Public-South Dakota a SOUTH DAKOTA • }bbb44bbbhabbbbbbbbbbbbb} My Commission Expires June 23, 2021 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota,do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force In testunony whereof,I have hereunto set my hand and seal of Western Surety Company this 14 th day of Januar,,r 2016 WEST . TP SURE Y COMPANY r� Paul T Ki ufl it,Vice President To validate bond authenticity,go to www enasurety co m >Owner/Obligee Services>Validate Bond Coverage Form F5306-1-2018 a w Apr, lkpmo -OWN r ti1�` t;l o 1� I S I I;,� t1 I Envr SIR r11 3 � �1� nil& Wtt rm.Tr--..yw w r.t✓,-.• i.+-.r.r -. ...- _". re x x , , n c RE EI, ED BY CITY CLERK RECEIPT COPY Return DUPLICATE to v�- City Clerk's Office after signing/dating (Date) CITY OF HUNTINGTON BEACH • INTERDEPARTMENTAL COMMUNICATION TO City Treasurer FROM City Clyrk DATE 4z� C,)- SUBJECT Bond Acceptance I have received the bonds for (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. / Payment Bond (Labor and Materials) Bond No. � ^fin C/ Q Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No Approved (Council'Approval Date) CC No 45� Agenda Item No MSC No City Clerk Vault No Other No SIRE System ID No f 93 g/forms/bond transmittal to treasurer BOND No 71754085 PAYMENT BOND (LABOR AND MATERIALS) KNOW Al.l_PFRSONS BY TI[ESE PR55ENTS, WHCRCAS, City of Huntington Beach(hereafter referred to as"City")has awarded to Moutaz Alsayed ---- -'• 222 eDrtve Fullerto C (narno and address of Contractoi) (hereinafter referred to as'Principal'),a contract('Contract")for the work described as follows, Heil Fire Station Tenant Improvements.Protect __ (Protect Tide) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the payment of claims of laborers,mechanics,meterlalmen, and other persons ab provided by law, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as 'Surety"), altd Surety is certified and listed in the U S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitation, as shown in said circular to provide bonds In the amount requlrod by said Contract;and Surety has provided financial strength ratings from reputable compallies,such as from AM Best, Moody's or Standard&Poor's,to validate that Surety has positive ratings of belhg Secure or stable,and Surety is reylsiored and listed with the California Department of Insurance NOW THEREFORE,we,the Undetsigned Principal, and WESTERN SURETY COMPANY 333 S Wabash Ave 41stEloor CC uragn U. 6w4 (name and addrsss of Surety) as Sura�ty,are held and firmly bound unto City In the penal sum of Two Hundred Twenty Two Thousand Six Hundred and no/100 - - dollars ($ �,this arnount being not less than one hundred pat cent(1009r4)of the total price set fotlh it)the Contract,in lawful money of the United States of America,for the payment of which sum,well and truly to be made,we Cind ourselves,and each of our heirs, executors,administrators,successomt�,and assigns,Joiritty 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 Califom;a Civil Code("Claimants")for all labor,muenals or services used or reavmabiy required for use In performance of the work described In the Contract or any Amounts due under the Unemployment insurance Code wllh respect to work or tabor 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 arty amounts required to be deducted,withheld and paid over to tho Employment Development Depanment from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insuranf 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 speclfiad in this bond;otherwise,t41ts Obligation shall be null and void, This bond shall inure to the benefit of any of the persons named in Section 3181 of the Ce1008 Civil Cade so as to give a right of action to such persons or their assigns In case any action Is brought upon this bond, Surely further agrees to pay all court costs and a reasonable adorney's fee to an amount fixed by the cuun, PAYk4EWT BOND Page 1 of 2 I Sa S K4/t 17331 Tiond No. 71754085 to automatically adjust tha penal sum of this Bond to reflect such adjusts ntints, alterations,changes, deletions, Eiddipons or other modifications. Surety agrees to provide written cotifirmallon or such adjustments in the penal sum to City on not less than a quarterly basis Surety also waives the provisions of Civil Code§§28AS and 2849 The obligations of this Bond shall survive the completion of the work described In the Contract as to all obligations and liabilitieb of the Principal which survive completion of the work. IN WITNESS WHEREOF,each party represents and warrants that this instrument has been duly eiteouted by Principal and Surety,on the date set forth below,That the name of each corporate party being affixed hereto ra such party's proper legal name Bird that the individuals Sipping 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 oT Ony failure of rho Principal to execute or properly execute,this bond. Dated. February 17, 2016 ATTEST The Stone Collector (Corporate Soal) (Principal Name) ey, Title ATTEST �\ WES I MUTSU=-CGN--TANY (Corporate Seal] e*VORATE 1 (surety Name) SEAL . By ` ,�c — ` / Name CHAII R IN ___ (argnAture of Attorney-in-Fear for Surely) 605 336-0850 (Attach Attorney-in Fes!Certificate) (AreaCode&Telaphone Number lot Surely) APPROVED AS TO Dyt ichaal F Gates,City Attotney� rids Note 7hrs bond must ba exec+dad in duplxcele and detod all slgnaturas must be nolanzed, and ovtdencO Of the authority or any person awing as altomey-lit-fact roust be attached PERFCRMANC15BOND Page 2 of 2 lsasAAn t7t7a BOND No 71754085 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as'CIIy") has,by written agreement dated 20_,entored into a contract outaz with M Alsaye dba The Stone Collector hie 2220 S Drive Fu le n CA 928 (name and address of Contractor) (~hereinafter referred to as'Principar),for performance of the work described as follows, Hell Fire Station Tenant Improvemen C15-5 -- —� (Project Tide) WHEREAS, said contract, and all documents referenced therein (hereinafter coilectivety 'Contract), are incorporated herein by this reference made a part hereof as though set forth herein in full;and Said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt,full and faithful performance of said Contract, by a duly admitted surety insurer under the laws of the Stale of California(hereinafter referred to as°Surety');and Surety Is certified and listed In the US Department of the Treasury Circular 670, and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract,and Surety has provided financial strength ratings from reputable companies,such as from A M,Best,Moody's,or Standard&Poors, to validate that Surety has positive ratings of being secure or Stable, and Surety Isjj���reeggisteredd��and listed with the California uepartment of Insurance, NWESTERNESOURETY'CONIP erred,as Principal,and NY =3 5 WabashAve, st Floor,Chicago,IL 60064 --— (name and address of Surety) as uretr,are held and firmYl bound unto City in the penal sum of Two Hundred Twenty Two Thousand Six Hundred and Dollars 2,600 00 1,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,executor's,administrators And successors,jointly and severally,firmly by these presents THE CONDITION OF]HIS OBLIGATION IS SUCI t THAi if the principal.shall promptly,fully and faithfully perform each and all of the covenants obligations and things to be crone and performed by the Principal In strict accordanco with the terms of the Contract as said contract may De altered,amended or modified from time to time;and if the Principal shall Indemnify and save harmless City and all orClty's officers.apentb and employees(hereinafter collectively referred to as"Obligees°)fromany and Ali losses,IlebillLy and damages, claims,judgments,stop notices, fees dl)d costs of every description,whether imposed by few or in equity, which may be incurred by the Obligees by reason of the fallur©or default on the part of fire Principal in the performance of any or all of the terims or the obligations of the Contract,including ail&iterations,amendments and moditfcalibns thereto,and any warranties or guarantees rettisired thereunder,than this obligation shall be void;otherwise, It shall be and shall remain in full force and effetl Surety stipulates and agreafi,for value received,that no adjustment of the time or price in the Contract or any alteration,change, deleilon, addition or other modification to the Contract, or the work to he performed thereunder,shall in racy way affect,(imil,restnet, Impair or release the obligations of the Surety under this Bond. Surely waives notice of any adjustment of contract or contract price,and any other alteration,change, deletion, addition or other modification to the Contract,or the work to-be perfoi med thereunder, and agrees 1 5 4 584/1 1 1174 surety sppulates and agrees,for value rereivgd,that no change, extension of lima,alteration, adddion or mudlricatron to the terms of the Contract,or any contract document or any work to be perfnrMad thereunder, whether made after notice or not,shall In any way affect. impair or telease the obAggtrons of Surety under this bond Surety hereby waives nonce of any such change, extension of lime,alteration,addition,or modification to the terms of ilia Contract,the contract documents or the work thereunder. Surety also weivas the provisions of California civil Code§§ 2845 and 2949 IN\MTNESS WHEREOF,each party represents and warrants that this Instrurrienl has been duly executed by Principal and Surely, on the dais set forth below,that the name of each corporate party being affixed hereto is such partyrs propmr legal name and that the individuals signing this insirument authorityhave been duly authorized pursuant to 1he of Its governing body th s ho d.waf es any defe se which Su ety hoe ormay have by r ason of any f�lure of The Ion of Principal to execute or properly execute this bond Dzted February 17, 2016 ATTEST The Stone Collector _ _— (Corporate Seal) &(Pdndp5I Name) Nam Nae, ATTEST porpord(e Seal) 0 BORATE isum Nemc ,� t3 SEAL y Name T TRITT / (Signature of Anorney-In-Fact for Surety (Attach Attorneyto-Fact CenlQcate) (Area Codes elephpo Nfmtbei for Surety) APPROVEDA/S.1 Zm .� hJrt`hael E.Gates, rty t10 ftey �JL 1. Note This is bond'"0311 be any algnlny to e1A duplicate and dual alt dated, all er�dures musrbe nofarrzaA aful evidence of the f PAYMf NT BOM Page 2 of 2 t 5-45K411 t 7357 THEST-2 OP ID KA ACORO� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02/24/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER CONTANAME CT Rubin Insurance Agency Inc PHONE FAX CA#0645355 A/C No Ext A/c No 6363 Greenwich Dr,#120 E MAIL San Diego,CA 92122 ADDRESS Michael Rubin INSURER(S)AFFORDING COVERAGE NAIC 0 INSURERA Security National Ins Co 19879 INSURED Moutaz Alsayed INSURER B Mercury Casualty Company dba The Stone Collector 2220 Skyline Dr INSURER C Fullerton,CA 92831 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER REVISION NUMBER THIS IS TO CERTIFY THAT 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR DDL SUBR POLICY EFF I POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X NA109644501 11/21/2015 11/21/2016 'REMISES Ea occurrence) $ 100,000 CLAIMS-MADE a OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,00 POLICY X PRO LOC Ded $ 1,00 AUTOMOBILE LIABILITY (Ea-COM accident)accident INED SINGLE LIMIT $ 1,000,000 B ANY AUTO BA040000019533 12/12/2015 12/12/2016 BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS AUTOS PER ACCIDENT UMBRELLA LIAB OCCUR APPROVED AS TO FORM EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ Ar $ WORKERS COMPENSATION WC STATU- O AND EMPLOYERS LIABILITY A8 TORY LIMITS ERR YIN ✓V ANY PROPRIETOR/PARTNER/EXECUTIVE Z p ZO' _ E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A By; - - _ (Mandatory in NH) Michael Gates,CI y Att n i E L DISEASE-EA EMPLOYEE $ If ye describe under sDESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are named as additional insured with respects to general liability of the named insured. Project #CC1535 Heil Fire Station Tenant Improvements. General liability additional insured endorsements CG2010(0413) and CG2037 (0413) attached CERTIFICATE HOLDER CANCELLATION CITYO F4 Of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City 9 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main St ACCORDANCE WITH THE POLICY PROVISIONS PO Box 190 Huntington Beach, CA 92648 AUTHORIZEDDRREPRRESENTpATI1VEj1 /�" ©1988-2010 ACORD CORPORATION All rights reserved ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD NOTEPAD. HOLDER CODE CITYOF4 THEST-2 PAGE 2 INSURED'S NAME Moutaz Alsayed OP ID KA Date 02/2412016 *30 day notice of cancellation applies/10 day notice for non-payment of premium. POLICY NUMBER NA109644501 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES,AGENTS AND VOLUNTEERS 2000 MAIN ST PO BOX 190 HUNTINGTON BEACH CA 92648 Location(s) Of Covered Operations PROJECT#CC1535 HEIL FIRE STATION TENANT IMPROVEMENTS ti Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. Section II — Who Is An Insured is amended to 2. If coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured with respect to liability for "bodily injury", "property will not be broader than that which you are damage" or "personal and advertising injury" required by the contract or agreement to caused, in whole or in part, by provide for such additional insured 1. Your acts or omissions, or B With respect to the insurance afforded to these 2. The acts or omissions of those acting on your additional insureds, the following additional behalf, exclusions apply in the performance of your ongoing operations for This insurance does not apply to "bodily injury" or the additional insured(s) at the location(s) "property damage" occurring after designated above 1. All work, including materials, parts or However equipment furnished in connection with such 1. The insurance afforded to such additional work, on the project (other than service, insured only applies to the extent permitted by maintenance or repairs) to be performed by or law, and on behalf of the additional insured(s) at the location of the covered operations has been completed, or CG 2010 0413 © Insurance Services Office, Inc , 2012 Page 1 of 2 CG20100413 2. That portion of 'your work" out of which the 1. Required by the contract or agreement, or injury or damage arises has been put to its 2. Available under the applicable Limits of intended use by any person or organization Insurance shown in the Declarations, other than another contractor or subcontractor whichever is less engaged in performing operations for a principal as a part of the same project This endorsement shall not increase the C. With respect to the insurance afforded to these applicable Limits of Insurance shown in the additional insureds, the following is added to Declarations Section III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance All terms and conditions apply unless modified by this endorsement. Page 2 of 2 © Insurance Services Office, Inc , 2012 CG 20 10 0413 POLICY NUMBER NA109644501 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS 2000 MAIN ST PO BOX 190 HUNTINGTON BEACH CA 92648 Location and Description Of Completed Operations PROJECT#CC1535 HEIL FIRE STATION TENANT IMPROVEMENTS Information required to complete this Schedule, if not shown above, will be shown in the Declarations A. Section II — Who Is An Insured is amended to required by the contract or agreement to provide include as an additional insured the person(s) or for such additional insured. organization(s) shown in the Schedule, but only B. With respect to the insurance afforded to these with respect to liability for "bodily injury" or additional insureds, the following is added to "property damage" caused, in whole or in part, by Section III—Limits Of Insurance: "your work" at the location designated and If coverage provided to the additional insured is described in the Schedule of this endorsement required by a contract or agreement, the most we performed for that additional insured and will pay on behalf of the additional insured is the included in the "products-completed operations amount of insurance hazard" However 1. Required by the contract or agreement, or 1. The insurance afforded to such additional 2. Available under the applicable Limits of insured only applies to the extent permitted Insurance shown in the Declarations, by law, and whichever is less 2. If coverage provided to the additional insured This endorsement shall not increase the applicable is required by a contract or agreement, the Limits of Insurance shown in the Declarations insurance afforded to such additional insured will not be broader than that which you are All terms and conditions apply unless modified by this endorsement. CG 20 37 0413 0 Insurance Services Office, Inc , 2012 Page 1 of 1 CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM: �"4 ,� ��` Y PROJECT: �t' fa"-ct_ li�; {Contractor Name} ; t�J� � (Street Address) (City,State and Zip) TO: CITY OF HUNTINGTON BEACH DECLARATION Attached hereto is a true and correct copy of the current Certificate of Insurance and Additional Insured Endorsement CG 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of Huntington Beach("City')and the above-named Contractor("Contractor)for the above-described project("Project') I declare under penalty of perjury under the laws of the State of California that the above statement is true and correct Signed on_ Z��� /1 201-at 6, LW�, i M, (Date) (city, State) &97�� (Signature of Individual Who is Making Declaration) WARRANTY Contractor hereby warrants and agrees to maintain Products and Completed Operations Insurance in compliance with the insurance requirements of the Contract for the Project. Said insurance shall be maintained through and until the expiration of all Warranties provided by Contractor Said insurance shall contain Additional Insured Endorsement CG 2010 1185,naming City as an additional insured Contractor shall supply to city, on at least an annual basis, a Certificate of Insurance and the aforementioned Endorsement evidencing continued coverage which meets the Contract requirements Signed on 7j o e 1 ( l,r , 20b at —� (Date) (City,State) CONTRACTOR: per_ e Name- By Name Title. 277621 2 Company Profile Page 1 of 1 COMPANY PROFILE Company Profile Company Search Company Information Company Search Results WESTERN SURETY COMPANY Company 333 S WABASH AVEMIE Information CHICAGO, IL 60604 Old Company Names Agent for Service Old Company Names Effective Date Reference Information Agent For Service NAIC Group List Vivian Imperial Lines of Business 818 WEST SEVENTH STREET Workers' SUITE 930 Compensation LOS ANGELES CA 90017 Complaint and Request for Action/Appeals Reference Information Contact Information Financial Statements NAIC# I 13188 PDF's Annual Statements California Company ID # I 0761 7 Quarterly Date Authorized in California I 07/29/1930 Statements Company Complaint License Status UNLIMITED-NORMAL Company Company Type IF &Casualty Performance & Comparison Data State of Domicile SOUTH DAKOTA Company Enforcement Action Composite back to top Complaints Studies Additional Info NAIC Group List Find A Company Representative In Your Area NAIC Group # 0218 CNA INS GRP View Financial Disclaimer Lines Of Business The company is authorized to transact business within these lines of insurance For an explanation of any of these terms, please refer to the glossary LIABILITY SURETY back to top © 2008 California Department of Insurance https //Interactive web insurance ca gov/companyprofile/companyprofile?event=companyP 2/24/2016 City of Huntington Beach � x i 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov FFB IT t909 P� Office of the City Clerk / Joan L. Flynn, City Clerk March 3, 2016 The Stone Collector 2220 Skyline Dr Fullerton, CA 92831 Re Heil Fire Station Tenant Improvements — CC-1535 The City Council awarded the bid to your company for the above referenced project Enclosed is a copy of the executed contract with the City of Huntington Beach A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the proiect is completed but prior to the release of retention funds In addition, the following item must also be on file, with this office before the City can release any retention funds A warranty bond guaranteeing the final amount of work and materials for one year If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5517 Sincerely, Joan L Flynn, CIVIC City Clerk J F pe Enclosures Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Sister Cities Anjo,Japan ♦ Wartakere, New Zealand Dept ID PW 16-004 Page 1 of 2 Meeting Date 2/16/2016 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 2/16/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Travis K Hopkins, PE, Director of Public Works SUBJECT: Award and authorize execution of a construction contract in the amount of $222,600 to The Stone Collector for the Heil Fire Station Tenant Improvement Project, CC-1535, and, authorize 15% contingency for change orders Statement of Issue On January 14, 2016 bids were opened for the Heil Fire Station Tenant Improvement Project, CC- 1535 City Council Action is requested to award the construction contract to The Stone Collector, the lowest responsive and responsible bidder Financial Impact Funds are available in the General Fund, Account No 10040314 82800 Recommended Action A) Accept the lowest responsive and responsible bid submitted by The Stone Collector, in the amount of$222,600, and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney, and, C) Authorize the Director of Public Works or City Engineer to expend up to 15% contingency to cover unanticipated change orders Alternative Action(s) Reject all bids and provide staff with an alternative direction Analysis The Heil Fire Station is over 50 years old and in need of interior renovations, both for space accommodations and ADA accessibility This project will reconfigure the dorm rooms, library, restroom, office and kitchen areas One ADA accessible parking space will be added as well as transforming one of the bathrooms to provide for better accessibility for those with physical disabilities, primarily to accommodate the visiting public The bids for this project were publically opened on January 14, 2016, with the verified bid amounts listed below Bidding Contractor Submitted Bid THE STONE COLLECTOR $222,600 ST GEORGE GROUP $225,000 3S NETWORK $239,500 R DEPENDABLE CONSTRUCTION $258,500 HMCC $313,643 Item 5. - I xB -42- Dept ID PW 16-004 Page 2 of 2 Meeting Date 2/16/2016 Staff recommends award of the construction contract to The Stone Collector The total estimated project cost is $270,000, which Includes the construction contract, project management, construction contingency and supplemental expenses Public Works Commission Action The Public Works Commission reviewed and approved the project was in substantial conformance with the CIP on October 21, 2015, with a vote of 5-0-1 (Commissioner Troxell absent) Environmental Status The project is categorically exempt pursuant to Class 1, Section 15301 of California Environmental Quality Act Strategic Plan Goal Enhance and maintain infrastructure Attachments) 1 Location Map HB -4,- Item 5. - 2 + L_ _,_ __EMnqar Ave HEIL F S. -Heil-Ave E Warner Ave- S CC1116/5-5T_19.DWG HEIL FIRE STATION LOCATION MAP Item 5. - 3 HB -44- Heil Fire Station Tenant Improvements C.C. NO. 1535 BID OPENING DATE: JANUARY 14, 2016 TIME: 2:00 PM ENGINEER'S ESTIMATE: $250,000 BIDS SUBMITTED (AS READ AT OPENING) No. BIDDER'S NAME RAMIE. APPARENT BID AMOUNT 1 A J. Fistes Corporation 2 A G M Construction 3 Archico Deisgn Build 4 Arke Construciton 5 Astra Builders 6 Dalke & Sons Construction 7 Gamma Builders, Inc 8 Gilman Builders, Inc 9 HMCC �f ,� M614.1.-r 10 ) R H Construction 11 Kazoni Construction 12 KG Axis 13 Line Tech Contractors 14 Minco Construction 15 Mode Engineering 16 OCLA Construction 17 Pacific Bulders 18 Precision Abatement 19 R Dependable Construction ` , s 20 S D Remodeling 21 Sir G_AII Construction i/ 22 St George Group 23 STS Construction 24 The Stone Collector �a ®O 25 Unique Performance Construction 26 Vido Samarich, Inc 27 Worldwide Construction 28 ��`�'� %l�L=��Jo '3 9 ,5`DO 0 o 29 CC-1535 Bid Opening Worksheet- Rebid r�tJTs N L. Q7 N C— rn cr o ? C- _j O z a rr-, ran ») o © A N )l Ito 00 :Z wj h! NVf 910? 03A1303H SECTION A NOTICE INVITING SEALED BIDS for the construction of HEIL FIRE STATION TENANT IMPROVEMENTS CC No. 1535 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2 00 pm on January 14, 2016. Bids will be publicly opened in the Council Chambers unless otherwise posted Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $50.00 nonrefundable fee if picked up, or payment of a $75.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery) Plans, Specifications, and contract documents can be downloaded free on AGENCY website http //www huntingtonbeachca gov/govemment/departments/public works/Bids/ Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648 The AGENCY will deduct 5% retention from all progress payments The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263 The Contractor shall be beneficial owner of the surety and shall receive any interest thereon The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A or B at the time of the bid opening The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY All extension of unit prices will be subject to verification by the AGENCY In case of a variation between the unit price and the extension, the unit price will govern Project Description The project consists primarily of: 1 Reconstructed ADA parking area 2 Concrete walk and reconstructed fence 3 Re-slurry of non-ADA parking stalls 4 Demolish and reconstruct living spaces of the Fire Station including new bathroom and new kitchen \ 5 Minor site restoration and repair, including landscape and irrigation systems if damaged during construction 6 Site clean-up A Mandatory Pre-Bid Walk Through is scheduled for Tuesday, January 5, 2016 at 3 30 p in The intent is to allow for a walk through of the site only City staff will not answer any questions during the job walk All questions should be formally submitted by email to tbroussardksurfcrty-hb or by 2 00 pm on January 7, 2016 This project is being re-bid, therefore contractors that attended the Mandatory Pre-Bid Walk Through on November 5, 2015 have met this requirement and do not need to attend again • The contract shall allow the Contractor 80 working days to complete the contract • The architect's estimate of probable construction cost for the work included in the basis of award is $250,000 The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 8th day of September 2015,by Resolution No 2015-47. Attest Joan L Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Esparza, Patty From: Flynn, Joan Sent: Thursday, December 24, 2015 11 40 AM To: Esparza, Patty Cc: David Ward, Broussard, Todd Subject: Re NISB - Heil Fire Station- Proof Attachments: image006 Jpg Merry Christmas Dave Thanks for working with us on this The price difference is horrific though Ouch l Joan Flynn, City Clerk Huntington Beach On Dec 24, 2015, at 10 57 AM, Esparza, Patty<PEsgarza surfcity-hb.orR>wrote Thanks Dave, Happy Holidays to you &your family) Patty Sent from my iPad On Dec 24, 2015, at 10 54 AM, David Ward <DWard ocregister com>wrote Good morning Even though the notice is going to appear in the Register and Wave I am going to send Just one proof since it is going to be EXACTLY the same other than the very last line (which states the paper and run date) Happy Holidayslll HB Wave version Ad#10123112 Run Date 1/7 Cost$249.00 OC Register version Ad#10123116 Run Date 12/31 Cost$1136.46 Here is a screen shot of the final few lines for the HB Wave version <image001 png> Here is the entire notice publishing in the OCR. <image006.jpg> <image002 Jpg> From: Flynn, Joan [mai Ito:Jflynn(a surfcity-hb.orq] Sent: Wednesday, December 23, 2015 2:42 PM To: David Ward; Esparza, Patty Subject: FW NISB - Heil Fire Station Importance: High 1 David—not sure Patty will see your request for the ad as she is off today and working from home among other things, so here it is--Joan Joan L FLynn, City Clerk City of Huntington Beach 714-536-5404 <image003 png> Please consider the HB City Clerk's office for your passport needs From: Broussard,Todd Sent: Wednesday, December 23, 2015 2:08 PM To: Esparza, Patty; Flynn, Joan Subject: NISB - Heil Fire Station Importance: High Joan/Patty, Please forward this NISB for advertisement on December 31 and January 7 Thanks Todd M. Todd Broussard, PE, MPA Principal Civil Engineer City of Huntington Beach Public Works Department 2000 Main Street Huntington Beach,CA (714)536-5247 <image006 jpg> 2 UNSUCCESSFUL BIDS CG1535 Heil Fire Station Tenant Improvements (2nd bid date of 1/14/2016) City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov �F6 I7 1909 P� � Office of the City Clerk / Joan L. Flynn, City Clerk March 4, 2016 Hoffman Management & Construction Corp 2301 East 7th St D116 Los Angeles, CA 90023 RE Heil Fire Station Tenant Improvements—CC-1535 (second bid on 1/14/2016) Enclosed please find your original bid bond for CC-1535 Sincerely, q*tA)W. Joan L Flynn, CMC City Clerk JF pe enclosure Sister Cities Anjo,Japan ♦ Waitakere, New Zealand RE U Y C i I 5 r Hoffman Management& Construction Corporation = F u4 , ^ _ 2301 E 7th St, D116 _ - = h Los Angeles, Ca 90023 Date January 14,2016 m City of Huntington Beach - _ _ Office of City Clerk - r _ J =_ Second Floor _ - 2000 Main Street 'ALL i Huntington Beach, California 92648 `. Project Heil Fire Station Tenant Improvements _ T CC#1535 = 3 _ _ City of Huntington Beach - - �. SECTION C PROPOSAL for the construction of HEIL FIRE STATION TENANT IMPROVEMENTS CC No. 1535 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 therefore, 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 80 working days, starting from the date of the Notice to Proceed BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal BIDDER understands that a bid is iequired for the entire woik, that the estimated quantities set foith in the Bid Schedule aie solely foi the purpose of comparnlg bids and that final Conlpensatlon under the contiaut will be based upon the at,tual yuantlties of work satislactoidy completed ITIE AGENCY R1=SGRVES 11-II; IZIGI-IT ^I O DCLI I C ANY 1TLN1 hROM 'I 1-IE CON TRACT it Is aglced tbat the Umt and/ol IU1111) 41.1111 piiccs bid 111CIude all dl)pu1tL1ld11t expenses, taxes, ioyaltles, fees, etc , and will be guaianteed foi a pciiod of sivty days fionl the bid opening date If at such time the contract is not awarded, the AGENCY will reject all bids and will re-advertise the project In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void Accompanying this proposal of bid, find NA FAA in the amount of 1V A 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 for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable Bidder shall signify receipt of all Addenda here, if any Addenda No. Date Received - Bidder's Signature Nv*6 1kt Ivan ,.3 2 o S NU►�I� �►o ovaml �� � K� I�►6er�,2 �015 PROJECT BID SCHEDULE Item No. Item Bid Amount in Figures 1 Heil Fire Station Tenant Construct Improvements per Improvements, CC#1535 plans and specifications $ Total Bid Amount $ , °e Total Bid Amount in Words: tree��n��e� �Illl'�QFn a�San� 5iT`11d4KA trf( 4145 cU 4 �t rb Cwk C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor Bid Name and Address of State Class DIR Dollar % of Item(s) Subcontractor License Number Amount Contract Number Tom pftf 121( {�tVt�R� I�i��wor vr► CA 971bl #ILIS}* pours �a (►� qI�`B �l� 2 o0b00� �� dy�°° 410 !�I>sy G I�ss go 23�� I�r�d�{>�r► � Lrs ��eDYti 15W �4iy S}. eor� %aVk N i (A1140L b 6 cis brbmL`15 0 03 a �VMI%PV/Ti-c . VAC �s4 S. V �a ve} e 1104q # M 3 Cw 1 h%M 4 33 6 0" MMMIrli t4 3.1� S. D lw*1 kw �l2 �e �tzw.nen� tw (b IR 6l 00:� B CID D0602 6 31 t d.`" 13 01° By submission of this proposal, the Bidder certifies 1 That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the tat of California that the foregoing is true and correct and that this declaration is executed on' / at o e. Dat CIO State �ri k 3*.w,,gS HnMwwNa+o,, , being first duly sworn, deposes and says that he or she is Vt" P'l"raS%ARni- of aFFirn,otr,ManoaiwV,►J-+C&Wthe 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 &r1'k Za w O—s Fto�rirr,a r. Name of Bidder Signature of Bidder a 3 o l E. 7 "I S+. D I I b. Lr�s A+�eles, Addiess of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the HEIL FIRE STATION TENANT IMPROVEMENTS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows "Qualified Person: A person who, by reason of experience or instruction, is 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 UaMol(\ NA� -t%i- Co ns�. �,"° Contractor By Y I itic Date 3 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, 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 U 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-6 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 nnau� mcn44'emt4 t -Consf COPP Contractor By c� f t'e5 i d-.en Title Date Rp C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct Coro , Bidder Name a301 F-. 71"Sf blue Business Address Qs A Vu1-Jes 3 City, State Zip 3�3 > 859- 3 4 30 Telephone Number 50(0 avj,,p State Contractor's License No and Class _ 2/a3113V Original ate Issued a a8' aou Expiration Date The work site was inspected by LkA of our office on 201 J. tThe following are persons, firms, and corporations having a principal interest in this proposal 1-•►•P,.Y1 Pal � ,�1� The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially of otherwise, to peifoim the conUact fol the proposed \voik and impiovenients in accordance N\,ith the plan~ and specifications set forth H�P;ir� Company Name n.✓rit✓s— yl7sy1 c Signature ofbidder -, SavX's IdG'77/�'tc+v< A he Printed or Typed Signature JANELLE R HOFFMAN Commission # 1992697 -th a -�` t r Notary Public California z Subscribed and sworn to before me this3 day of uu, , 201 z"' Los Angeles County D My Comm Expires Sep 30,2016 NOTARY PUBLI U U NOTARY SEAL C-8 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years• t $ 6� III Name and Address of Publi Agency Name and Telephone No of Project ManagerN.- ��"1`� 2��, 922 , 12 U13.W.0 $4R I btr ZA IS Contract Amount Type of Work ate Completed Provide additional projec description to show similar work rl- ZKO�a `6h t Sn a N OlM o 0 2 UcLW Cgil�s Vogl nS Name and Address of Pub&Agency Name and Telephone No of Project Manager 9CQ�V� gMdl 110. 5`2 ;bO 4 166.0 14LfI*V' ftto 4 x( Contract Amount Type of Work ate ompleted Provide addrtiona project descri tion to show similar work i6Y E r� ova h uh �. 3 r VA*An Ilr S Naiiid and Addicss of Public Acncy Name and felephone No of Piolect Managci 321L Contract Amount Type df Worg Date dompleted Provide a dition 1 proje t descripti n to ow similar work e f - hS e tr 1 C-9 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years These projects do not have to be under the employment of the bidder of this project Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein 1 � I LA)JeP\ Name of proposed Project Manager Telephone No of proposed Project Manager 31 b• Ia�p 0 b• J2-D5 \�h- Ira i. t Ida �30 � V6\ �r W5 Project Name & Contract Amount Type of Work D to Completed 4 P§��41M Project Name Contract Amount Type of Work Date Co pleted �� .�� I e- Z � ��° �>� �� � �Cu�n�► �w ZDIS Project Name k, Contract Amount Type of Work Date Completed 2 gys tCL*rtiJgn Name of propose Superintendent Telephone No of proposed Superintendent 323•���• I�Z Project Name &Contract Amount Type of Work Date Completed it Piolcut Namc & Contract Amount Type of Woik Date Com Icted 7b IV Project Name & Contract Amount Type of Work Date Completed C-1 0 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771 1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR) Currently the annual non-refundable registration fee for Contractors is $300 Each contractor to whom a public works contract has been awarded shall sign the following certificate DIR FACT SHEET on SB 854 http //www dir ca.gov/DLSE/PublicWorks/SB854FactSheet_6 30 14 pdf DIR's Contractor Registration Link—Call (844) 522-6734 https //efiling dir ca gov/PWCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database https//efiling dir.ca gov/PWCR/Search action I am aware and will comply with the provisions of Labor Code Section 1771 1(a) which states "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725 5 It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029 1 of the Business and Professions Code or by Section 10164 or 20103 5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725 5 at the time the contract is awarded" I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid [6F-'Fr,, ��,w�e r�f'I"Cor�.S�'• contl actor �P . By —� YI-C"& Title Date o//3 /` DIR# 10060 0 5 C-1 i City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For HEIL FIRE STATION NO 8, TENANT IMPROVEMENTS CC NO. 1535 in the CITY OF HUNTINGTON BEACH November 3, 2015 Notice To All Bidders, Please note the following clarification to the Project Plans, Specifications, and Special Provisions, 1) City will procure and provide a new gas range and hood per the specifications attached All other kitchen appliances are existing and shall be re-used Construction Note 67 shall be revised as follows CABINET AND APPLIANCE WIDTH TO BE WIDTH OF NEW OR EXISTING APPLIANCE OWNER TO PROVIDE SPECIFICATION SHEETS FOR ALL NEW APPLIANCES, CONTRACTOR TO INSTALL OWNER SUPPLIED APPLIANCES 2) Prime Contractor submitting bids for this project shall have an "A" or"B" license This is to acknowledge receipt and review of Addendum Number One, dated November 3, 2015 I't 0��C m ah �a.y�,o��,n�ex�f�'l,�s�.�r�• �..��.a.,� Company Name By -7*,y\V-O&,T.a )3 . a Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For HEIL FIRE STATION NO. 8,TENANT IMPROVEMENTS CC NO 1535 in the CITY OF HUNTINGTON BEACH November 12, 2015 Notice To All Bidders Please note the following clarification to the Project Plans, Specifications, and Special Provisions 1) The City will abate any lead or asbestos, including the popcorn ceiling, prior to the Notice to Proceed, therefore this scope is not a part of the contract The Contractor will be responsible for patching the ceiling as required for a smooth finish 2) The City intends to award this contract in late December with a Pre-construction meeting in early January and a Notice to Proceed given in early February, 2016 3) The furnace and all components shall be York brand, no substitutions. Attached is information relative to model numbers 4) Doors 2, 3 & 4 shall be flush type door with cylinder privacy lock set with ADA approved lever Provide wall mounted door stop No closer 5) Door Hardware make and model#can be found in Section 087100 6) The City does not have a sample Bib Bond form This is to acknowledge receipt and review of Addendum Number One, dated November 3, 2015 6Ern(Y�Jr1 1 r�0�0�0.?.V1�2 '� l.[)(1S'�•1.p G�—�..:�����...e..� Company Name Q By �o,.r�t►,.a�u �� �10 LtP Date J All bidders must acknowledge and include the receipt of this Addendum with your bid proposal City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE For HEIL FIRE STATION NO.8,TENANT IMPROVEMENTS CC NO. 1535 in the CITY OF HUNTINGTON BEACH December 22, 2015 Notice To All Bidders Please note the following clarification to the Project Plans, Specifications, and Special Provisions 1 Replace the following Sheets in the Specifications Title Sheet Showing new bid opening date Section A Revised new dates. B-5 Revised Item 21. New pre-bid meeting date C-3 Revised to show DIR Registration#for Subcontractors C-11 Revised to clarify DIR registration prior to bid and DIR# This is to acknowledge receipt and review of Addendum Number One, dated November 3, 2015. 40ppma-A M" Company Name By Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal Bond No N/A BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS,that we Hoffman Management&Construction Corporation as Principal, (hereinafter called the Principal), and American Contractors indemnity Company , a corporation duly organized under the laws of Galitornia and authorized to transact a general surety business in the State of California as Surety, (hereinafter called the Surety), are held firmly bound unto Huntington Beach, City of 2000 Main Street Huntington Beach CA 92648 as OBLIGEE, (hereinafter called the Obligee) in the sum equal to % of the accompanying bid of the Principal, not, however, in excess of Ten Oercent of the Total mown o the Bid for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas, the Principal has submitted or is about to submit to the Obligee a Proposal or bid, dated on or about the date mentioned below, for (1) the performance of the designated work, or(2)the furnishing of the specified goods, supplies or products, to-wit Heil Fire Station No 8 Tenant Improvements, CC1535 NOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall duly make and enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid, or any amendment thereof acceptable to the Principal, within the time permitted therefore after such contract forms are presented to the Principal for execution, should the Obligee award the Principal the said work or contract or any part thereof and if the Principal shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going thereinto, as in the specifications or contracts provided or if the Principal shall in case of failure so to do, pay the Obligee the damages which the Obligee shall have actually suffered by reason of such failure, not exceeding the penal sum of this bond,then this obligation shall be null and void, otherwise to be and remain in full force and virtue PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid shall have been made within thirty (30) days after the formal opening of said bid, or within the time specified within the bid provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of said award at the time of notification to the Principal, and unless legal action to enforce any claim hereunder shall have been commenced within six (6) months from the date of the formal opening of said bid PROVIDED, always, that this Bond shall not be valid and binding upon Surety unless accompanied by a Certified Copy of a Power of Attorney authorizing the undersigned Attorney-in-Fact to execute such a bond, the Serial Number upon which Copy of Power of Attorney shall correspond with the Bond Number set out above Signed, sealed and dated this 13th day of January 2016 Hoffman Management&Construction Corporation rin ipal Name B P n a American Con tors Indemnity Company Name of S rety ompany By Attorney-in-Fact P atricniz CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document State of California ) County of Los Angeles ) On January 13th, 2016 before me,_ Elisabete Salazar, Notary Public Date Here Insert Name and Title of the Officer personally appeared Patricia Zenizo Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(;) is/M subscribed to the within instrument and acknowledged to me that Wshe/tlYdy executed the same in Ws/her/t1Ybrtr authorized capacity0ps),and that by W s/her/tA#jr signature(p)on the instrument the person(q), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ELISABETE SALAZAR Commission#2t22207 WITNESS my hand and off ial seal. -� Notary Public-California z z Los Angeles County M Comm Expires Aug4,2019 Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date: Number of Pages Signer(s) Other Than Named Above. Capacity(ies)Claimed by Signer(s) Signer's Name- Signer's Name- L1 Corporate Officer — Title(s): Cl Corporate Officer — Tdle(s): ❑Partner— G Limited [>General ❑Partner — ❑ Limited ❑General El Individual 50 Attorney in Fact ❑Individual ❑Attorney in Fact LJ Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other. ❑ Other. Signer Is Representing Signer Is Representing. 02014 National Notary Association •www.NationaiNotary.org•1-800-US NOTARY(1-800-876-6827) ftem#5907 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY '111111,11"Idyl lllIII[! C — S MEN: 1 11�"` CaliformardorK amn-gema— KNQW�ALL -nBY THESE I-RFS-ENTSWE M%in an Contractors Ifid6mfiqy, opin a bill 1111"'IJan assumed n -�Mtors Indemn ityl Surety CoMp _NM afidBondme. Qmpm� amernerric n Ates -yl= gn[I ymaIpa _U S Specialty Insurance CompFany,-a Texas corporation (coll,ectiv y, Cot _es ina e, corpl5fation nd `11�11'the " ipanies"), do by theseaprins nt make, constitute and appoint Patricia Zenizo,Elisabete Salazar or Pietro Micciche of Los Angeles California 1, sl MW a0ve,s fa in e i edower-and=K ftrt�rue I Pmorney( 1 - 6 at'11��capacity if trine with full uthRqjg;more e toy conffiteds name, ce an , 11 1 d anc RE&W YM A I s ad, ,,Iac now e ge qalan�lrp —W15 s.recogniza%pupsm p I�1 11 111" — - s 101 ill 11611111111 '' - -_ 7�_OT in frunients or contracts h"'I o include riders, a in eWm e n t 9 i na and consents n s-e n t s of surety, prWvMduiethe bd6d penalty does not exceed *****Three Million***** Dollars ($ **3,000,000 00** This Power of Attorney shall expire without further action on December 20,2017 This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards ofDirectors ofthe Companies - - - 11 p'll III illl'I'91I'llllld'ul t AII' IIIII-Mill, 11111� Be it Resolved, Kojesident�any Vice:PreC_-iTe etary shall be and is=herffy-= ftlr� l�isi�stai�it=---�rce--:President,any Secre afy v uly Secretary power andlath6I pe�rsbnsms MoMpy(s)-in-Fact to represent and,II cij�o of the Compan3Fal�ulbj��—:c:t-j.—Menlcn�-yLng:-�-==- fppomt any one or more �ctqor _-__provimons� --Attorney-in-Fact maybe given full power and authority for and in the name of and on behalf ottee Company,to execute,acknowledge and delive-r-,any and allbonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by thqqorporate,$L-t=ary I. Ill l..... "i t6e lCompany he MOM my=ature of any authorized,o Ficerl andlsealll'o retofortoiM e - EM i6a M gower of attorney jEr:pI relatingg thereto bvffcshm_1&Wwiy power ofattomeylorliceitifiica'tel,,bearinglllfSc's'ii�ile signature or facsimile ash shad bC-=v7aHdRin0:bindmg upon the Company respect any 156=Ir un_daAaKffFg to which it is attached 'I IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this I st day of December,2014 AMERICAN CONTRACTORS INDEMNITY COMPANY E ;&OIl MPANY XAS BONDIN( UNITEIRSTATERSMETYWROW-ANY U.S.SPECIAL1111 ijNgURANCEIk�111`0"MPANY -Corporate Sealin su h".,I C,S By H fo - - -s f- - -1,0 = 1" �� -, 'W-' is- Daniel P.Aguilar,Vice President O y F c dr7btliR officer completing,this certificate venfiesprily the identi the l' nil M — — and —a aumento certificate is attached; notIlth61ruthfulness.accuacy,orrhi 7 OWdo-meptW Mate ua County of Los Angeles SS On this 1st day of December,2014, before me,Mana G Rodnguez-Wong,a notary public, personally appeared Dan P Aguilar,Vice President of Amencan Contractors Indermuty-Company,Texas Bonding QompanI States Surety Company and U S Specialtmeson-mted= �Jjl III ul-, 11 ylInsurance Company who_proved to isis-of s_afis�_�_evidence to be th pe9=q=q-_-Ti name 1000g-cn bed tIIUIl,IIIIIIII h ME-1 the b to withiniIIII ac owledged to that lictex"rI a -hisauthonzedca aci ___ dthatbyhissiffiat ar th dl eMstr===efir= p tyT- or the entitympo behairot,which', eIiperson acted,exeEuM Rill e- laws of the State of Califorma that h h the foregoing paragraph is true and correct I certify under PENALTY OF PERJURY tM r the " WITNESS my hand and official sea] -- I - - - r - . MARIA G RODRIGUEZ-WONG i. Commission#2049771 Signature ---- — (SeaI)[j;jjjI,,ljIIIl,, -� -0 Z ary-511 Ip lll Gt ornia z Z 1 4', Z Iq �j �j gilINW11111C20,2017 ,rip I,Michael Chalekson,Assistant Secretary ofAmencan Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and US Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect,furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect- "J"I qll In Witness WlCefeo"have hereunfol-ge M- _y-hiM&M dffi)iJW--dthe seals of said Comanies atILosl Agg Y0eles Calif6M_1a!t0AAjM_ft__ - -- j -- of� ianiWry 2016 p Corporate Seals .... ...... 1111111's 00" 40 A, 4E 0 Michael Chalekson,Assistant Secretary. d_=No Bon 06N/ 11110� Xkedh�KiNoW M3M 0 ,* ,, —, ........... ACKNOWLEDGMENT State of CalifoTnia County of LC S �S On Ig aw(o before me, 3a-y�-ej I : (Insert name and title of the officer) personally appeared tt n 5^v1 146M,11.11-- who proved to me on the basis of satisf tory evidence to be the person(K whose nameo) is/afe subscribed to the within Instrument and acknowledged to me that he/sheAhW executed the same in his/he#their authorized capaclty(aea),and that by his/hedtheir slgnature�6)on the Instrument the person(, or the entity upon behalf of which the person)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 A JANELLE R r o l'I'MAN WITNESS my hand and official seal _ n� Commission # 1992697 Notary Public- California z Los Angeles Count' My Comm Expirec Sep 30 ?01 Signature (Seal) City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov r Office of the City Clerk FF6' Pp' 77 1909 ` Joan L. Flynn, City Clerk March 4, 2016 R Dependable Construction, Inc 1019 W 3d St San Bernardino, CA 92410 RE Heil Fire Station Tenant Improvements—CC-1535 (second bid on 1/14/2016) Enclosed please find your original bid bond for CC-1535 Sincerely, qAte-1w. +^-1-1 Joan L Flynn, CIVIC City Clerk JF pe Enclosure Sister Citces Anjo, Japan 4 Waitakere, New Zealand pcc lv; ;:r,) 2C16 13 DEPENDABLE CONST INC ( ; Y' ^! " 1019 W 3RD ST C; 7 SAN BERNARDINO, CA 9241 O T:909-3B 1 -23 1 0 F:909-BBB-5234 LIC # 9440BB SEALED BID HEIL FIRE STATION TENANT IMPROVEMENTS CC No. 1535 CITY OF HUNTINGTON BEACH 200 MAIN ST. SECOND FLOOR HUNTINGTON BEACH, CA 2:00 P.M. t CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the construction of HEIL FIRE STATION TENANT IMPROVEMENTS 5891 Heil Avenue CC No. 1535 in the CITY OF HUNTINGTON BEACH • 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: November 17,2015 2:00 pm,2nd FLOOR City Clerk's Office TRAVIS K. HOPKINS,DIRECTOR DEPARTMENT OF PUBLIC WORKS CITY OF HUNTINGTON BEACH PLANS SPECIFICATIONS AND CONTRACT DOCUMENTS for the construction of HEIL FIRE STATION TENANT IMPROVEMENTS CC No. 1535 Prepared Under the Supervision of: 5 D RC, ���� Edward F y Lok Ng N.A C-16840 J REMIWOM OP Edward Lok Ng, C-16840 Date Approved by: 2 Thoma Her ., City Engineer, No. 53300 Date n r SECTION C PROPOSAL for the construction of HEIL FIRE STATION TENANT IMPROVEMENTS CC No. 1535 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 therefore, 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 80 working days, starting from the date of the Notice to Proceed BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc , and will be guaranteed for a period of sixty days from the bid opening date If at such time the contract is not awarded, the AGENCY will reject all bids and will re-advertise the project In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void Accompanying this proposal of bid, find BOND in the amount of 10% which said amount is not less than 10% of the aggregate of the total bid pace, as required by the Notice Inviting Sealed Bids, payable to the AGENCY (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any Addenda No. Date Received Bidder's Sigqature 1 11I3I2015 2 11/12/2015 3 12/22/2015 PROJECT BID SCHEDULE Item No. Item Bid Amount in Figures 1 Heil Fire Station Tenant Construct Improvements per O Improvements, CC#1535 plans and specifications $ 2,S-163,5 76o Total Bid Amount $ ?��,.5-d C� 0-8 Total Bid Amount in Words: T CK E-D 61 t-r TRa��116 40tJD 60 CS62LA&S C-z LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor Bid Name and Address of, x_ ' -State 'Class',- µ'' DIR Dollar % of a Items) - Subcontra'ctor License Number Amount' Contract w - 'Number AAA AIR CONDITIONING MECHANICA 11560 LUNA RD VICTORVILLE,CA 92392 777538 C-20 1000015574 24,500 00 7% ABINETR F&R INTERIOR WOODWORKS 779168 C-6 1000008473 37,350 00 15% FLOORING DFS FLOORING CONCRET 603 S MILLIKEN AVENUE STAIN ONTARIO, CA 91761 999046 C-15 11000006695 13,325 39 6% STORE- GENESIS GLASS FRONT 265 E MILL ST SAN BERNARDINO, CA 92408 919766 C-17 1000021562 9,560 00 3% By submission of this proposal, the Bidder certifies. 1 That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-3 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771 1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR) Currently the annual non-refundable registration fee for Contractors is $300 Each contractor to whom a public works contract has been awarded shall sign the following certificate DIR FACT SHEET on SB 854 http //www dir ca gov/DLSE/PublicWorks/SB854FactSheet-6 30 14 pdf DIR's Contractor Registration Link—Call (844) 522-6734 https //efilmg dir ca gov/PWCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database• https //efiling dir ca gov/PWCR/Search action I am aware and will comply with the provisions of Labor Code Section 1771 1(a) which states "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725 5 It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029 1 of the Business and Professions Code or by Section 10164 or 20103 5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725 5 at the time the contract is awarded " I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid AAA AIR CONDITIONING Contractor RODNEY WOODARD By PRESIDENT Title Date 1/14/16 DIR# 1000015574 C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771 1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR) Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate DIR FACT SHEET on SB 854 . http//www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet-6 30 14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir.ca.gov/P W CR/ActionServlet?action=displayP W CRegistrationForm DIR's Contractor Registration searchable database https.Hefiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states. "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725 5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029 1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Contractor �&,,4 V1 By r �� f Title Date. 7 DIR#: DO no C-11 01/14/2016 11:15 9095998814 F&R INTERIOR WOODWOR PAGE 03/03 CONTRACTOR REGISTRATION wITH CALIFORNIA,DEPARTMENT OF INDUSTRIAL RELATIONS(DIR)CERTIFICA' Pursuant to SB 834(citing Labor Code Section 1771.1(a)),passed by the California State senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through rune 30 state fiscal year) with the California Department of Industrial Relations (DIRt). Currently the annual non-refundable registration fee fQr Contractors is $300. Each contractor to whom & public works contract has been awarded shall sign the following Certificate. DIR FACT SHEET on SB$54 http://www.dir.ca.gov/DLSP,/Publ!cWorks/SB854FactShcet 6.30.14.pdf DIR's Contractor Registration Link--Call(844)572-6734 https://efilmg.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRe,gistrationF'orm DIR's Contractor Registration searchable database: https;//efilin,g,dir.ca.gov/PWCR/Seiirch,action I am aware and will comply with the prOvisions of Labor Code Section 1771.1(a)which states; "A contractor or subcontractor shall not be qualified to bid on,be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code,or engage in the Performance of any contract for public work, as def7tied in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code,provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded" I furthermore will comply by providing proof of registrations with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. F&R INTERIOR WOOMORKS INC Contractor 5V ,,Z�l ZC-14-'4 ay Date: 1114/2016 Title DIR#- 1000008473 C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July I through June 30 state fiscal year) with the California Department of Industrial Relations (DIR) Currently the annual non-refundable registration fee for Contractors is $300 Each contractor to whom a public works contract has been awarded shall sign the following certificate DIR FACT SHEET on SB 854 http.//www dir ca gov/DLSE/PublicWorks/SB854FactSheet-6 30 14 pdf DIR's Contractor Registration Link—Call (844) 522-6734 https //efiling dir ca.gov/PWCR/ActionServiet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database- https.//efilmg dir ca gov/PWCR/Search action I am aware and will comply with the provisions of Labor Code Section 1771 1(a)which states "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725 5 It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029 1 of the Business and Professions Code or by Section 10164 or 20103 5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725 5 at the time the contract is awarded " I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid genesis glass installations, inc Contractor lose virrueta By estimator-owner Date 01 - 13-16 Title DIR# 1000021562 C-11 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID -- I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 1-14-1�at SAN BERNARDINO, CA Date City State ROSEMARY PADILLA , being first duly sworn, deposes and says that he or she is PRESIDENT of R. DEPENDABLE CONST INCthe 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 ROSEMARY PADILLA Name of Bidder a4,0 =0 A 74-4 12JI10A Signature of Bidder 1019 W. 3RD ST. SAN BERNARDINO, CA 92410 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the HEIL FIRE STATION TENANT IMPROVEMENTS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows "Qualified Person: A person who, by reason of experience or instruction, is 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 R. DEPENDABLE CONST INC Contractor By PRESIDENT Title Date 1/14/2016 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, 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 W No If the answer is yes, explain the circumstances in the space provided N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire C-6 r 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 R. DEPENDABLE CONST INC Contractor By PRESIDENT Title Date 1/14/2016 C-7 BIDDER'S INFORMATION BIDDER ceitifics that the follo-,\Ing inibrnnation IS true and correct R. DEPENDABLE CONST INC Bidder Name 1019 W. 3RD ST. Business Address SAN BERNARDINO, CA 92410 City. State Lip ( 909 ) 381-2310 Telephone Number 944088 GENERAL "B" State C,ontiattor•s License No and Clas,, 3/4/2010 nt tgrnal Date Issued 3/31/2016 Expnation Date The �wik site uas Inspected by JOHNNY RUIZ afoul office on 11/5 2015 fhe fullo�ving ate persons, tiims and corporations haN Ing a ptmcipal Interest in this proposal ROSEMARY PADILLA The undeisigned is prepared to satisfy the Council of the City of Huntington Beach of its ability financially of otherwise, to peitoim the conttact f6i the pioposed woik and Impiovements in accordance with the plans and specifications set forth R. DEPENDABLE CONST INC Cornpan braille Swilatuie of Bidder L ROSEMARY PADILLA Printed or Tiped Slgnatute EL17ABETH A. ALLEN; G i COMM t12097436 Subscribed and swoin to befoic me thisit day of W ,t G_r ! (�} "� NOTARY PUBLIC-CALIFORNIA — r L�15� SAN BERNARDINo COUNTY 0 9 COMM EXPIRES FEB 13,2019'' NO IARY PIlBL IC - NOTARY SEAL C-8 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years 1 CITY OF BREA Name and Address of Public Agency Name and Telephone No of Project Manager KATHY DEROBBIO 714-671-4403 $158, 00 . 00 ADA IMPROVEMENTS 5/2013 Contract Amount Type of Work Date Completed Provide additional project description to show similar work SENIOR CENTER ADA IMPROVEMENTS 2 CITY OF MENIFEE Name and Address of Public Agency Name and Telephone No of Project Manager ALLEN YUN 951-746-0201 154, 900. 00 SENIOR CENTER IMPROVEMENTS 10/2015 Contract Amount Type of Work Date Completed Provide additional project description to show similar work SENIOR CENTER IMPROVEMENTS 3 CITY COUNCIL CHAMBERS Name and Address of Public Agency Name and Telephone No of Project Manager ALI CAYIR 714-883-8677 $153, 625. 00 ADA IMPROVEMENTS 11/2014 Contract Amount Type of Work Date Completed Provide additional project description to show similar work CHAMBERS ADA IMPROVEMENTS C-9 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years These projects do not have to be under the employment of the bidder of this project Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein 1 JOE PADILLA Name of proposed Project Manager Telephone No of proposed Project Manager 909-381-2310 MARCH ARB $106, 441. 26 ADA TENANT IMPROVEMENTS 10/2015 Project Name & Contract Amount Type of Work Date Completed CITY OF MENIFEE $154, 900. 00 SENIOR CENTER ADA IMPROVEMENTS 10/2015 Project Name & Contract Amount Type of Work Date Completed CITY OF GARDEN GROVE $199, 400. 00 ADA UPGRADES/RENOVATION 12/2015 Project Name & Contract Amount Type of Work Date Completed 2 JOHNNY RUIZ Name of proposed Superintendent Telephone No of proposed Superintendent 909-381-2310 CITY OF LA PALMA $183, 950. 00 TENANT IMPROVMENTS 8/2015 Project Name & Contract Amount Type of Work Date Completed CITY OF RIALTO $107, 000. 00 ADA IMPROVEMENTS 11/2014 Project Name & Contract Amount Type of Work Date Completed LACOE $170, 916. 25 TENANT IMPROVEMENTS 11/2013 Project Name & Contract Amount Type of Work Date Completed C-10 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771 1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR) Currently the annual non-refundable registration fee for Contractors is $300 Each contractor to whom a public works contract has been awarded shall sign the following certificate DIR FACT SHEET on SB 854 http //www dir ca gov/DLSE/PublicWorks/SB854FactSheet-6 30 14 pdf DIR's Contractor Registration Link— Call (844) 522-6734 https //efiling dir ca gov/PWCR/ActionServlet9action=displayPWCRegistrationForm DIR's Contractor Registration searchable database https //efiling dir ca gov/PWCR/Search action I am aware and will comply with the provisions of Labor Code Section 1771 1(a) which states "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725 5 It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029 1 of the Business and Professions Code or by Section 10164 or 20103 5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725 5 at the time the contract is awarded " I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid R DEPENDABLE CONST INC Contractor 224�� By PRESIDENT Title Date 1/14/2016 DIR# 1000002054 C-11 City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For HEIL FIRE STATION NO 8, TENANT IMPROVEMENTS CC NO. 1535 in the CITY OF HUNTINGTON BEACH November 3, 2015 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions 1) City will procure and provide a new gas range and hood per the specifications attached All other kitchen appliances are existing and shall be re-used. Construction Note 67 shall be revised as follows CABINET AND APPLIANCE WIDTH TO BE WIDTH OF NEW OR EXISTING APPLIANCE OWNER TO PROVIDE SPECIFICATION SHEETS FOR ALL NEW APPLIANCES,CONTRACTOR TO INSTALL OWNER SUPPLIED APPLIANCES 2) Prime Contractor submitting bids for this project shall have an "A" or"B" license This is to acknowledge receipt and review of Addendum Number One,dated November 3, 2015 z R DEPENDABLE CONST INC Company Name By 1/14/16 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For HEIL FIRE STATION NO. 8,TENANT IMPROVEMENTS CC NO. 1535 in the CITY OF HUNTINGTON BEACH November 12, 2015 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions 1) The City will abate any lead or asbestos, including the popcorn ceiling, prior to the Notice to Proceed, therefore this scope is not a part of the contract. The Contractor will be responsible for patching the ceiling as required for a smooth finish. 2) The City intends to award this contract in late December with a Pre-construction meeting in early January and a Notice to Proceed given in early February, 2016 3) The furnace and all components shall be York brand, no substitutions. Attached is information relative to model numbers 4) Doors 2, 3 & 4 shall be flush type door with cylinder privacy lock set with ADA approved lever. Provide wall mounted door stop No closer. 5) Door Hardware make and model#can be found in Section 087100 6) The City does not have a sample Bib Bond form This is to acknowledge receipt and review of Addendum Number One, dated November 3, 2015 1 R DEPENDABLE CONST INC Company Name By 1/14/2016 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE For HEIL FIRE STATION NO 8,TENANT IMPROVEMENTS CC NO. 1535 in the CITY OF HUNTINGTON BEACH December 22, 2015 Notice To All Bidders Please note the following clarification to the Project Plans, Specifications, and Special Provisions 1 Replace the following Sheets in the Specifications Title Sheet Showing new bid opening date Section A Revised new dates B-5 Revised Item 21. New pre-bid meeting date C-3 Revised to show DIR Registration#for Subcontractors C-11 Revised to clarify DIR registration prior to bid and DIR#. This is to acknowledge receipt and review of Addendum Number One, dated November 3, 2015 R DEPENDABLE CONST INC Company Name By 1/14/16 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal IFIC ,Surety 1 , / Bid Bond 6 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, R Dependable Construction, Inc as Principal, and Allegheny Casualty Company a corporation of the State of Pennsylvania, as Surety, are hereby held and firmly bound unto City of Huntington Beach in the penal sum of Ten Percent Amount of Bid ($ 10% ) for the payment of which,well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns Signed, this 8th day of January 2016 The condition of the above obligation is such that whereas the Principal has submitted a certain bid,to enter into a contract in writing for Heil Fire Station Tenant Improvement NOW,THEREFORE, (a) If said bid shall be rejected, or in the alternate (b) if said bid shall be accepted and the Principal shall execute and deliver an acceptable form of contract, and shall furnish a bond for the faithful performance of said Contract, and for the payment of the persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid, THEN, THIS OBLIGATION SHALL BE VOID, otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated IN WITNESS WHEREOF,the Principal and the Surety have hereto set their hands and seals, and such of them as are corporations have caused their corporate seals, to be hereto affixed and these presents to be signed by their proper officers,the day and year first set forth above Signed, sealed and delivered in the presence of R Dependable Construction, Inc— ; ATTEST a'� yyi / Pri qr at ATTEST Allegheny Casualty Company January 14th,2016 By Bid Bond Date Timothy C/Bealler- Attorney-In-Fact One Newark Center,20th fir Newark,New Jersey 07102 5207 1-800-333-4167/(973)624-7200/W W W IFIC COM Tel (973)624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS That INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania,having their principal office in the City of Newark,New Jersey,do hereby constitute and appoint MELODY L SPAUR, TIMOTHY C BAKER, KAREN A EBY Murrieta, CA. their true and lawful attorneys)-m-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other wnbngs obligatory in the nature thereof, which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise, and the execution of such instrument(sZin pursuance of these presents,shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUA6YY COMPANY, as fully and amply, to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices This Power of Attorney is executed,and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July,2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August,2000 "RESOLVED,that (1 the President,Vice President, Chief Executive Officer or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney,and to execute on behalf of the Corporation and affix the Corporation's seal thereto,bonds,undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto, and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians,agents for acceptance of process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation,and (3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed" IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 22nd day of July,2014 STATE OF NEW JERSEY A , County of Essex ��� `�'• C3. t,r SEAL �" e"r YZ 1 1936 904 IMP �"� "",,�{� ROBERT W MINSTER * �� Chief Executive Officer(International Fidelity Insurance Company)and President(Allegheny SY L14 Casualty Company) On this 22nd day of July 2014, before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly swom, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, that the seals affixed to said instrument are the Corporate Seals of said Companies,that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,New Jersey the day and year first above written 5s�oti .� :•U�NOTARY :f ruouc y' ' N�` A NOTARY PUBLIC OF NEW JERSEY My Commission Expires April 16,2019 OF NEW ```��. '"° CERTIFICATION 1,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the ongmals on file in the home office of said companies, and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this day of MARIA BRANCO,Assistant Secretary r-- CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California } County of On ° before me, , Here insert name and title of the otr r) personally appeared /��l��i2G who proved to me on the basis of satlsfac ory evidence to be the person(*whose name(�6afe-subscribed to the within instrument and acknowledged to me that c6i� Icy executed the same In is/ authorized capaclty0es)-, and that by isl/*W rr signatureW on the instrument the personN, or the entity upon behalf of which the persor�*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 K A.EBY COMM #1983975 a WITNESS my h d d clal seal W�� otary Public-California oRiverside County Comm Expires July 1,2016 Notary Pub lc Sig n ture (Notary Public Seal) 0 v ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form comphes with current Cahfoi nua statutes regarding notary wording and, DEW OF HE ATTAC D DOCUMENT rfneeded,should be completed and attached to the docmnent dcknowledgments from other states may be completed for documents being sent to that state so long as the is ording dries nat require the California notare to wolate C'ahf irnia notan law i descri Uon f attar d doc{�me 'I • State and County information must be the State and County where the document / IVY, Id, v/M% �( signer(s)personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s)personally appeared which ( itle or des nption of attached document con nued) must also be the same date the acknowledgment is completed fl�// • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER • Indicate the coirect singular or plutal forms by crossing off incorrect forms(i e he/she/they-is/afe)or circling the correct forms Failure to correctly indicate tills ❑ Individual (s) information may lead to rejection of document iecording ❑ Corporate Officer • The notary seal impression must be clear and p liotographi call y ieproducible Impression must not cover text or lines If seal impression smudges, re-seal of a (Title) sufficient area permits,otherwise complete a different acknowledgment form ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk ❑ Attorney-In-Fact Additional information is not required but could Help to ensure this ❑ Trustee(s) acknowledgment is not nmsused or attached to a different document Indicate title or type of attached document,number of pages and date Other ❑ Indicate the capacity claimed by the signet If the claimed capacity is a corporate officer,indicate the title(i e CEO,CFO,Secretary) c ,- • Securely attach this document to the signed document with a staple City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov FfB`l7 19 9 P�h ` office of the City Clerk Joan L. Flynn, City Clerk March 4, 2016 St George Groupe, Inc 1655 6ch St , Ste A-6-A#103 Corona, CA 92879 RE Heil Fire Station Tenant Improvements—CC-1535 (second bid on 1/14/2016) Enclosed please find your original bid bond for CC-1535 Sincerely, v/ Joan L Flynn, CIVIC City Clerk JF pe Enclosure Sister Cities Anjo,Japan ♦ Waitakere,New Zealand St George Groupe Inc 3200 E Guasti Rd Suite 155 , Ontario, CA 91761 Gib r' CLERK v CITY OP HUNTit�1G T0 �E3 t q - ti �- "4 :.e° .p" - _• v 4 a"�'�`��,a =r,; � ��3r ��ty ',�=�„�, wy �«{r�a` „x��=" ;���-- ''�`'� A r v`r���.,_�,�; .• „;`>Q _ �� - �- -"-_S��, rt:w�.' o-"c��s•�,c`x'v,� w .' _z^�r.+' 1 ns'� � r34 > �a _ ,`+s. � "t�� "�2v fig` `r � 'w _ u�� �0,�,efi'-�T' e _ �� s`" ` 'i s_ � - -�- ,i - $" ="o' ..y _-"x�4- �" ax$a, y ..'Y'a "'-4T" -. '�nr•_9J � � �� .." n 3' - a,�„ �'.x�-^�{+'3n°^-� ..f.=e...,� +. ,�' et5w q ''__ a}`e• ��� ...�j«�ry'evF�' H,�y,iz_;,r `r` � L,�'�'"` _� _i'� '' ,.._x+y'��?i ��� Project: Heil Fire Station Tenant Improvements - = CC No. 1535 � � ' w�' '-�"�' - ` -•ix��:;M e4 rS.�. �'`"�« �, _ � 'A,'is r `�r. _ -��3+ .- , _ City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 wig + i ` _ (- ` Y • � 1'f i � *�'ji- , ` / •• , ^ l ' ,S' �h'� ''k iA , c r 'r aa, A , _ M i �' Y , ,. 1 x • F t - ' SECTION C PROPOSAL for the construction of HEIL FIRE,STATION TENANT IMPROVEMENTS CC No. 1535 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 therefore, 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 80 working days, starting from the date of the Notice to Proceed BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc , and will be guaranteed for a period of sixty days from the bid opening date If at such time the contract is not awarded, the AGENCY will reject all bids and will re-advertise the project In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Ac�,ompanying this proposal of bid, find &Z 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 for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Bid er��... AddendatNo:w 'DatesReeerved�>'. r 's Si nature ' 11 3 1 l5 2 1 2- PROJECT BID SCHEDULE Item No. Item Bid Amount in Figures 1 Heil Fire Station Tenant Construct Improvements per Improvements, CC#1535 plans and specifications $ 2- �� cv c�. Total Bid Amount Total Bid Amount in Words: k/J C-2 LIST OF SUBCONTRACTORS y 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,ofa the,-total bid, or, $10,000, whichever is greater, and the portion of the work to be done by such subcontractor. C'ra' '"° ? artne unzl Addr f'„ Syr' ;States; ;Classy „tlJ It ,M"O lt�r;� ,wkj�oft mf Subc©ntriceris f. ", xry, , ry ;, �.�� tJn�� � �;��; e, °" " �;�, k�,, 1Vu»iber �Ahaunt x k; '4'" 9`r' S�- 's>'r.L'^,`s k'rL�� r�$rv�� y`r' ' �,' `F t;w'-3i'"'-•� ._s 2Fg'�`,x y -�""a".,,-#,•i %�,y^c:^,x#m�{r'��.���.r"`�,`�,'�',^s-:'S.`.<��s�,.'�w,-Lr_n# $�° ����Vrimber.'tfixs.�'� ;�X�'w°'�1<•r-i� Es:�°.4r�',��'w�ez �' M'r}x': _�`';,�'r`�, 9387W lee-vo*,I' 2 ,56x-=:;, 'b-4-5/- 148� C-A 5\LE65 `J258�� C3�i dA-n\--790 � 3695-7 C I /33o3 3 «' 1 66/•.: �. !off�= oa�r��t�:a�p��. �ne\c j Inc 4 15218 5 lg��•to� C� e\es..\c'�c, t n c • `��E4/� o ��Q 6� r r 'j/©�1 ✓-2�� 1018 .59 o(Z-e-QNr�sIA,, CA9���� 7 33562` �.� zs 59/603 C33 /0=, It 1.3 29;56b �uco.. ]r_4-3Lro y�lCcA�Pc1���2359 By submission of this proposal,the Bidder certifies 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. (5C-3 Na b�rc 2 �sno�J 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and may result in its rejection by the AGENCY 19. Bid Protest To be considered timely, a bid protest must be filed within the following time limits: (a) Protests based upon alleged defects or improprieties in the bid documents shall be filed prior to the date of bid opening (b) All other protests must be filed within five calendar days after the protester knew or should have known the basis of the protest, but no later than five calendar days after the date of when the Bids were due to the AGENCY 20. Questions to the Engineer Questions regarding the bid documents (i e. plans, specifications, contract documents, bid forms, etc) will be received by the Engineer up to five working days prior to the bid opening as specified in SECTION A Questions asked of the Engineer after this time will not be addressed 21. Mandatory Pre-Bid Meeting A mandatory pre-bid meeting and walk through of the site will be held on Tuesday, January 5, 2016 at 3.30 p m The job walk is to allow for a walk through of the site only City staff will not answer any questions during the job walk. Contractors that attended the previous Pre-Bid Meeting on November 5, 2015 do not need to attend again B-5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on L4q-�,L at �iH,y Q Y,I b ep� Date City State being first duly sworn, de oses and says that he or she is of c5k-- the party making the foregoing bid that the bid is not made in the interest of, or on the b half of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham, that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding, that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true, and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid N Signature of Bidder 32-a�,-�- )9: 6 "A t2A, a.t,,�, Ck . Address of Bidder 91G7Q -� C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the HEIL FIRE STATION TENANT IMPROVEMENTS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows "Qualified Person: A person who, by reason of experience or instruction, is 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 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, 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-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract Contractor By Title Date J_A C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct v.iZ\NCj Bidder Name 32`o C-n isK � IS&, 1 S 5 Business Address City, State Zip c5aS ) Ll-7l- 2361 e�I 0-tjd' e ' &_ 6trW�t •t�iw� Telephone Number State Contractor's License No and Class 155�z i 44 Original Date Issued ©113112� 11 Expiration Date The work site was inspected by n o of our office on , 201_ The following are persons, firms, and corporations having a principal interest in this proposal The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specification t forth Company N e Si tur�of`Bicd kJ, A L 4 PJw.r� Printed or Typed Signature VIRGINIA GOUIN Subscribed and sworn to before me this day of 4wdr , 201� ? ,~ COMM.#2017871 Z Z' ® NOTARY PUBLIC-CALIFORNIA M SAN BERNARDINO COUNTY My Comm Expires Apni 6,2017 NOTARY PUBLIC.V Ol,Q n ra i ntq-G UNOTARY SEAL C-8 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years Name and Address of Public Agency Name and Telephone No of Project Manager --N-zs\- Gya\\ . < "-,,- Contract"Amount Type of Work Date Completed Provide additional project description to show similar work \ey""'N � . 61jev%,e-VA 7 O:i , Le�c- \mac\, \,., A .,, live\ o51, C Q 2 Ke� Name and Address-of Public Ag ncy Name and Telephone No of Project Manager Contract Amount Type of Work Date Comple ed Provide additional project description to show similar work 3 (� �,� ©Q PG�w. �y��h�,�►Je\w� �ycrc��. evv�,c'��\ ``���aev. Name and A dress of Public Agency Name and Telephone No of Project Manager L��„ Contract Amount Type of Work Date Completed Provide additional project description to show similar work C-9 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein 1• �c,\\c,. Q�e�w�a.\o.K Name of proposed Project Manager Telephone No. of proposed Project Manager: cNz,—�,- �7-2�,A J Project Name &Contract mount Type of Work Date Completed Project Name &Contract Amount -'] ype of Work Date Completed Project Name & Contract Amount Type of Work Date Completed 2. MCA Name of proposed Superintendent Telephone No of proposed Superintendent. .,v ovt- \ A ge)cx� Project Name & Contract mount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed C�\�—�c�\oivc�,S��l�n�e,c,�v�S�sN„Q1� Project Name & Contract Amount Type of Work Date Completed C-10 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771 1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR) Currently the annual non-refundable registration fee for Contractors is $300 Each contractor to whom a public works contract has been awarded shall sign the following certificate DIR FACT SHEET on SB 854 http //www dir ca gov/DLSE/PublicWorks/SB854FactSheet-6 30 14 pdf DIR's Contractor Registration Link—Call (844) 522-6734 https//efiling dir ca gov/PWCR/ActionServlet9action=displayPWCRegistrationForm DIR's Contractor Registration searchable database https //efiling dir ca gov/PWCR/Search action I am aware and will comply with the provisions of Labor Code Section 1771 1(a) which states "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725 5 It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029 1 of the Business and Professions Code or by Section 10164 or 20103 5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725 5 at the time the contract is awarded " I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid, or no later than contract award date Contractor By Title Date C-11 low IV Division of tabor Standards Enforcement Thank you for your payment Payment Confirmation Number,7TY7HCH170PC1 Registration Number 13 Contractor Name ABDALLA ABDELMALAK NOTICE,ff paying by ACNEFT,please aibw rV to 7 days forproeesskis Return to Public Works Homepage Copyright©2014 State of California httpsJ/efilmg.dr ca.gm4PWCR/ActonServiet7aLtorr-paymentC=Oete 1/1 Contractor's License Detail for License # 993684 DISCLAIMER:A license status check provides information taken from the CSLB license database.Before retying on this information,you should be aware of the following limitations. CSLB complaint disclosure is restricted by law(S&P 7124 6)if this entity is subject to public complaint disclosure,a link for complaint disclosure will appear below Click on thE link or button to obtain complaint and/or legal action information Per B&P 7071 17,only construction related Civil Judgments reported to the CSLB are disclosed Arbitrations are not listed unless the contractor fads to comply with the terms of the arbitration Due to workload,there may be relevant information that has not yet been entered onto the Board's license database Business information ST GEORGE GROUPE DBA ST GEORGE CONSTRUCTION 1655 E 6TH ST STE A-6-A#103 CORONA,CA 92879 Business Phone Number(909)471-2361 Entity Corporation Issue Date 06/14/2014 Reissue Date 01/20/2015, Expire Date1 �? . License Status This license is current and active. All information below should be reviewed. classiflCations B-GENERAL BUILDING CONTRACTOR Bonding Information Contractors Bond This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY Bond Number. 100258627 Bond Amount-$12,500 Effective Date:01/20/2015 Contractor's Bond History Bond of Qualifying individual The Responsible Managing Officer(RMO)ABDELMALAK ABDALLA SHARK certified that he/she owns 10 percent or more of the voting stock/equity of the corporation A bond of qualifying individual is not required Effective Date: 0120/2015 Workers'Compensation This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number:9117164 Effective Date- 11/05/2014 Expire Date: 11/05/2015 Workers'Compensation History Miscellaneous Information tttps://www2.cslb.ca.gov/OnlineServiees/CheckLicenseH/LicenseDetail.asvx?LicNum--993684 1/23/201 City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For HEIL FIRE STATION NO 8,TENANT IMPROVEMENTS CC NO 1535 in the CITY OF HUNTINGTON BEACH November 3, 2015 Notice To All Bidders Please note the following clarification to the Project Plans, Specifications, and Special Provisions 1) City will procure and provide a new gas range and hood per the specifications attached All other kitchen appliances are existing and shall be re-used Construction Note 67 shall be revised as follows CABINET AND APPLIANCE WIDTH TO BE WIDTH OF NEW OR EXISTING APPLIANCE OWNER TO PROVIDE SPECIFICATION SHEETS FOR ALL NEW APPLIANCES, CONTRACTOR TO Qo enin INSTALL OWNER SUPPLIED APPLIANCES 2) Prime Contractor submitting bids for this project shall have an "A" or"B" license This is to acknowledge receipt and review of Addendum Number One, dated November 3, 2015 S - (;'a M vie C' Company Name By Date It I - All bidders must acknowledge and include the receipt of this Addendum with your bid proposal ` City of Huntington Beach Public Works Department .a 2000 Main Street tTel'(714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO e For HEIL FIRE STATION NO. 8,TENANT IMPROVEMENTS CC NO. 11535 in`the CITY OF HUNTINGTON BEACH ' v X November 12,2015 _ Notice To,AII-Bidders:_ Please note the following clarification to the Project`Plans, Specifications, and "Special Provisions: => 1) The City will abate,anyFlead or asbestos, including the popcornaceiling,,pnor,to the - .�Notice to Proceed,,ther`efore this,scope is not a pa of the contract.The Contractor•` will be responsible for patching the ceiling as required for a smooth finish. 2) The City intends to award this contract in late December with a Pre-construction meeting in early January and a Notice to Proceed given in early February, 2016 3) The furnace and all components shall be York brand, no substitutions Attached is information relative to model numbers. 4) Doors 2, 3 & 4 shall be flush type door with cylinder privacy lock set with ADA approved lever. Provide wall mounted door stop No closer. 5) Door Hardware make and model#can be found in Section 087100. 6) The City does not have a sample Bib Bond form. This is to acknowledge receipt and review of Addendum Number One,dated November 3, 2015 c� G A� A_0'_ Comp Any Name �b V By Date All bidders must acknowledge and include the receipt of this Addendum with your bid Proposal. City-ofrHuntington Beach, - Public..Works Department K ; 2000 Main Street Tel (714) 536-5431, Fax (714) 374-1573 ADDENDUM-N=UMBER,TM=REE For HEIL FIRE STATION NO 8,TENANT IMPROVEMENTS CC NO. 1535 in the, CITY OF HUNTINGTON BEACH December 22, 2015 Notice To All Bidders: y f Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1. Replace the following Sheets•in the,Specifications. Title Sheet Showingnew,bid opening date Section A Revised new dates. q B-5 Revised Item:21 Ney�pre-bid meeting date. C-3 Revised to show.DIR Registration#foaubcontractors. C-11 Revised to clarify DlRzregistration prior to bid and DIR#. li axe rM1 , This is to acknowledge receipt Fand•review_of`,Addendum Number One, dated November 3, 2015. : r r. ,nsv Company Name By Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. %1`�y Western Surety Company BID BOND (Percentage) Bond Number 71739997 KNOW ALL PERSONS BY THESE PRESENTS, That we St George Groupe dba St George Construction of 1655 E 6th St , Ste. A-6-A, #103, Corona, CA 92879 hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto city of Huntington Beach of 2000 Main Street, Huntington Beach, CA 92648 hereinafter referred to as the Obligee, in the sum of Ten ( 10 %) percent of the greatest amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Heil Fire Station Tenant Improvements CC No 1535 NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee, or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void, otherwise to remain in full force and effect SIGNED, SEALED AND DATED this 14th day of January 2016 St. George Groupe dba St. George Construction (Principal) By (Seal) Western Surety Company �QRPORATE (Surety) SEAL By ^�iv��� (Seas' I FER D E ADAMEK Attorney-in-Fact Form F5876 Western Surety Company POWER OF ATTORNEY-CERTIFIED COPY Bond No 71739997 Know All Men By These Presents,that WESTERN SURETY COMPANY, a corporation duly organized and a astung under the laws of the State of South Dakota,and having its principal office in Sioux Falls, South Dakota(the"Company"),does by these presents make, constitute and appoint JENNIFER DIANE ADAMEK its true and lawful attgrney(s)-m-fact, with full power and authority hereby conferred,to execute,acknowledge and deliver for and on its behalf as Surety,bonds for Principal St George Groupe dba St George Construction Obligee City of Huntington Beach Amount $3,000,000 00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains nn full force and effect "Section 7 All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary,Treasurer,or any Vice President or by such other officers as the Board of Directors may authorize The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company The corporate seal is not necessary for the validity of any bonds,policies, undertakings,Powers of Attorney or other obligations of the corporation The signature of any such officer and the corporate seal may be printed by facsimile" All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of April 14 2016 but until such time shall be irrevocable and in full force and effect ] i Western Surety Company has caused these presents to be signed by its Vice President,Paul T Bruflat,and its coreeal t61re`,aLthus 14th day of January 2016 - - =, WEST R SURE COMPANY ST%I.'$---QF SUUIH.W6VTA Paul T fruflat,Vice President 1-0 ar as --�iv ss COUi ,'C ! On this 14 th day of January in the year 2016 before me,a notary public,personally appeared Paul T Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation J. MOHR p /LJ S^EA� NOTARY PUBLIC SEAL i Notary Public-South Dakota i SOUTH DAKOTAi t SY4bYY4bh hSY�eh4hb4bS444 t My Commission Expires June 23, 2021 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota,do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force In testimony whereof,I have hereunto set my hand and seal of Western Surety Company thus 14 th day of January 2016 WEST R / SURE COMPANY 7.--Y,-� Paul T Aruflat,Vice President To validate bond authenticity,go to www enasurety coin >Owner/Obligee Services>Validate Bond Coverage. Form F5306-1-2016 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles SS. On l LAy \LR , before me, Nowel S Mlllk DATE personally appeared _5e_"(l M, e. ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(Ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument DO NOWEL S MILIK Commission Notary Public # 198491i I certify under PENALTY OF PERJURY under the z ,.m Notary Public-California z Y Z Los Angeles County laws of the State of California that the foregoing My Comm Expires Jul 13,2016 paragraph is true and correct. WITNE d and office seal N TARY'SSI TURE PLACE NOTARY SEAL IN ABOVE SPACE OPTIONAL INFORMATION The information below is optional However,it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) TITLE(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT OTHER SIGNER(PRINCIPAL)IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) RIGHT c THUMBPRINT OF s SIGNER o a V APA01/2008 NOTARY BONDS,SUPPLIES AND FORMS ATHTTP//WWWVALLEY-S]ERRACOM 0 2005-2008 VALLEY-SIERRA INSURANCE City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov 9 17 19 Office of the City Clerk os wRFg 09,P \ Joan L. Flynn, City Clerk March 4, 2016 3S Network, Inc 30398 Esperanza Rancho Santa Margarita, CA 92688 RE Heil Fire Station Tenant Improvements—CC-1535 (second bid on 1/14/2016) Enclosed please find your original bid bond for CC-1535 Sincerely, V/ Joan L Flynn, CIVIC City Clerk JF pe Enclosure Sister Cities Anjo,Japan ♦ Wartakere, New Zealand 2010 J IPA 14 10 CfTY C 3 /AC, C I T r )r �e - .�- v.'�r x3�3e' •.�� ,k '�y=-=E"(_. .. +Y ,'n<-}` w+, y 'f�� �' �t -n"- _. Vv W6UY dr -wu CA8YV----, ` _ .�C�yv�'- - r�r •-• t v i�� �r -� h 1 t/} �i� �./ �`'�^ ._-'��`'�,r 7-,-y-F>�i�a*� e u��� - .va,�'�"-- t�«,. �*�•aa s' -•'x T"6= _- tf��-s - �'� Lr 1 '"�.,.�r` y}t �": y�"���,-.��^ z'T.k'., �' ,`f l7� `_��zk�'. �� _ '^'b � k ,4 - .�; ,�s�e �-.y. � .- :c bs�y?'a• 'r� �,t �` -__`"'_ !!!/---///���)))\,/�1//t1, 1 -. - �w ~v Yr 4 - `� Us, t T - v ' �1/�n/ • V�1� V�l.\l• `2 V� ' 1 DD w _ `�'c a"° t' "`i= .,.;cr�..�-t'..:-�-+',3�^��-�..+z r m�- � - ✓_ �_ �- �, _ v tia,,.n_r, - - ,,�>,4.,,�_ _,� 'E-sd�, -x '.��t� ,. � _� y _ <� ,�v,=- _ ♦ 4 SECTION C PROPOSAL for the construction of HEIL FIRE STATION TENANT IMPROVEMENTS CC No. 1535 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 therefore, 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 80 working days, starting from the date of the Notice to Proceed BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc , and will be guaranteed for a period of sixty days from the bid opening date If at such time the contract is not awarded, the AGENCY will reject all bids and will re-advertise the project In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void Accompanying this proposal of bid, find Bidder's Bond for 10% in the amount of $500,000 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 for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable Bidder shall signify receipt of all Addenda here, if any Addenda No. Date Received Bidder's Signature 1 12/23/2015 2 12/23/2015 3 12/23/2015 PROJECT BID SCHEDULE Item No. Item Bid Amount in Figures 1 Heil Fire Station Tenant Construct Improvements per Improvements, CC#1535 plans and specifications $ 23g I Soo Total Bid Amount $ 239_60o Total Bid Amount in Words: ftw0 Y)u nd ced -M y(iU In nt C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid or $10,000, whichever is greater, and the portion of the work to be done by such subcontractor ICI 1z Bid Name and Address of Subcontractor State Class Dollar %of Item(s) License Amount Contract Number HVAC New Air Inc 995201 C-20 $27,900 11.�YOIo 1000019103 C-36 Cabinets New Star International Inc 969575 C-6 $38,300 q ala 16Mt3503 Carpentry Asphalt J B Bostick Company Inc 341573 C 8 $17,754 �,y0le t�ob-,* Paving C-12 Plumbing Dale Plumbing 918082 B C-38 $8,060 3.�p(d 10000 to tt2 Restroom C-61 0 Accessone Penner Partitions Inc 924223 D-34 $920 0 100M4040 Electrical Universal Wiring 861279 C-7 $33,355 n °� j0060 By submission of this proposal, the Bidder certifies 1 That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on , at Rancho Santa Margarita CA Date City State Slna Danesh , being first duly sworn, deposes and says that he or she is an Officer of 3S Network Inc 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 3S Network Inc Name of Bidder �S 0Aa Signature of Bidder 30398 Esperanza, Rancho Santa Margarita, CA 92688 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the HEIL FIRE STATION TENANT IMPROVEMENTS, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows "Qualified Person: A person who, by reason of experience or instruction, is 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 3S Network Inc Contractor kA4�� By VF of Operah w s Title Date C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, 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-6 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 3S Network Inc Contractor By Title Date _f 3 2O 10 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct 3S Network Inc Bidder Name 30398 Esperanza Business Address Rancho Santa Margarita CA 92688 City, State Zip ( 949 ) 916-4563 Telephone Number 975955 Class B State Contractor's License No and Class 08/21/2012 Original Date Issued 08/31/2016 Expiration Date The work site was inspected by Ali Fattahi of our office on January 5th , 201� The following are persons, firms, and corporations having a principal interest in this proposal The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth 3S Network Inc Co Name I_AA Signature of Bidder Sina Danesh Printed or Typed Signature Subscribed and sworn to before me thisl:�A day of —c„ urxc , 201 l(o NOTARY PUBLIC-!See p`fi--r&Clne ( CA `lusc'd NOTARY SEAL C-8 CALIFORNIA JURAT WITH AFFIANT STATEMENT �� GOVERNMENT CODE§8202 EV See Attached Document (Notary to cross out lines 1-6 below) ❑See Statement Below (Lines 1-6 to be completed only by document signer[sj,not Notary) Signature of Document Signer No. 1 Signature of Document Signer No 2(if a ) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document State of California Subscribed and sworn t County of C'�t1Gw1�,P p (or affirmed) before me on this _nth day o r , 20�fv by Date ;-� Month Year CHRM MICHAEL OUINTOS-BANKS (1) ��� Commission#2117751 z ;'m Notary Public-California > (ands ) Or County Narro(sj of Signe�(af— My Comm Expires Jun 29,2019 proved to me on the basis of satisfactory evidence to be the persoqW'who appeared before me Signature Signature of Notary Publ Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document. Document Date: Number of Pages: Signer(s)Other Than Named Above• ©2014 National Notary Association •www NationalNotary org • 1-800-US NOTARY(1-800-876-6827) Item#5910 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years Bechtel Corporation 1 Site No LA0670 12900Park Plaza Drive 5th Floor, Cerritos, CA 90703 Name and Address of Public Agency Name and Telephone No of Project Manager Ron Vanderwal -(714) 343-0391 Rooftop Tenant Improvement $190,485 Telecommunication 12/22/2015 Contract Amount Type of Work Date Completed Provide additional project description to show similar work Retrofit structure, steel rooftop platform, roof tile, 2 rooftop cupolas, telecom equipment and antennas inside cupola. HVAC installation, electrical panel and power meter installation Venzon Wireless 2 Site Name Purdue 15505 Sand Canyon Avenue, Irvine, CA 92618 Name and Address of Public Agency Name and Telephone No of Project Manager Wong Che-Ming -(818)407-4501 Rooftop Tenant Improvement $263,680 Telecommunication 11/18/2015 Contract Amount Type of Work Date Completed Provide additional project description to show similar work Retrofr structure, steel rooftop platform, budding tenant improvement for new telecom equipment room, install walls ceiling and flooring inside new equipment room, generator installation. electrical panel and power installation Venzon Wireless 3 Site Name Howard 15505 Sand Canyon Avenue, Irvine, CA 92618 Name and Address of Public Agency Name and Telephone No of Project Manager Wong Che-Ming - (818)407-4501 Rooftop Tenant Improvement $267,252 _ Telecommunication 10/23/2015 Contract Amount Type of Work Date Completed Provide additional project description to show similar work Heavy steel rooftop platform, FRP parapet walls, installation of natural gas rooftop generator, plumbing installation of natural gas pipe from ground to rooftop, electrical panel and power meter C-9 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent For each of these critical positions,please list at least three projects for which the critical staff has performed similar work within the last five years These projects do not have to be under the employment of the bidder of this project Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein 1 Ali Fattahi Name of proposed Project Manager Telephone No of proposed Project Manager (949) 887-8584 Bechtel Corporation Rooftop Tenant Improvement Site No LA0670 $190,485 Telecommunication 12/22/2015 Project Name& Contract Amount Type of Work Date Completed Venzon Wireless Rooftop Tenant Improvement Site Name Purdue $263,680 Telecommunication 11/18/2015 Project Name & Contract Amount Type of Work Date Completed Venzon Wireless Rooftop Tenant Improvement Site Name. Howard $267,252 Telecommunication 10/23/2015 Project Name& Contract Amount Type of Work Date Completed 2 Reza Haghshenas Name of proposed Superintendent Telephone No of proposed Superintendent (949) 382-8224 Rooftop Tenant Improvement Tac McKinley $190,000 Telecommunication 08/2015 Project Name& Contract Amount Type of Work Date Completed Concrete slab, Fence, Landscaping, Sea Quilce Da $180,000 Generator installation 09/2015 Project Name& Contract Amount Type of Work Date Completed Omega $180,000 Shelter improvement, Roof Repair 12/2015 Project Name& Contract Amount Type of Work Date Completed C-10 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771 1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industnal Relations (DIR) Currently the annual non-refundable registration fee for Contractors is $300 Each contractor to whom a public works contract has been awarded shall sign the following certificate DIR FACT SHEET on SB 854 http //www dir ca gov/DLSE/PublicWorks/SB854FactSheet-6 30 14 pdf DIR's Contractor Registration Link—Call (844) 522-6734 https //efiling dir ca gov/PWCR/ActionServlet9action=displayPWCRegistrationFonn DIR's Contractor Registration searchable database https //efiling dir ca gov/PWCR/Search action I am aware and will comply with the provisions of Labor Code Section 1771 1(a)which states "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725 5 It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029 1 of the Business and Professions Code or by Section 10164 or 20103 5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725 5 at the time the contract is awarded" I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid, or no later than contract award date 3S Network Inc Contractor 4AD.J= By \12 of O.AZ,rah m s Title Date DIR# 1000032846 C-11 City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For HEIL FIRE STATION NO. 8,TENANT IMPROVEMENTS CC NO 1535 in the CITY OF HUNTINGTON BEACH November 3, 2015 Notice To All Bidders. Please note the following clarification to the Project Plans, Specifications, and Special Provisions 1) City will procure and provide a new gas range and hood per the specifications attached All other kitchen appliances are existing and shall be re-used Construction Note 67 shall be revised as follows CABINET AND APPLIANCE WIDTH TO BE WIDTH OF NEW OR EXISTING APPLIANCE OWNER TO PROVIDE SPECIFICATION SHEETS FOR ALL NEW APPLIANCES, CONTRACTOR TO oonC-i ioF nnin INSTALL OWNER SUPPLIED APPLIANCES 2) Prime Contractor submitting bids for this project shall have an "A" or"B" license This is to acknowledge receipt and review of Addendum Number One, dated November 3, 2015 36 t4awom' n L- Ak&Dad�� Company Name By \113I�C�I� Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal t r >CPR Product Spec Sheet DRGB3602 ALL-GAS FREESTANDING RANGE(36 Inch) Electrical Power Supply Requirements •Use 121Rf,6Q4z,property grotmtted branch circuit protected Control Panel Features by a 15amp or 20-amp circuit brealfer or time delay fuse. Manual Oven Control Yes Your range must be electncaly grounded In accordance whath local Two Tone Control Knobs vyTth Stainless Steel Bezel 7 codes or,In the absence of local cods, In accordance Wth the Natlonal Electrical Code(ANSIINFPA 70, latest edition) In Canada, Cooldop electrical grounding must be In accordance with the current CSA 15,000 BTU Sealed HiglrOutput BurnervvTth 620 BTU Vanable Sinr 6 C22 1 Canadian Electncal Code Pad I and/or local codes A copy FuIFLength Grates(front to back) 3 Ofthis standard may be obtained from The National Fire Protection Electronic Ignition wlthAuto Re-Igniton Yes Association,1 Eatterymarch Park, Otancy, Massachusetts 02269- Oven Feathers 9101 Capacity 5 2 Cu Ft Gas Supply Requirements Manual Convection Cooking Mode Yes .Shipped natural gas,accepts standard residential 12'NPT Bake Burner 22,000 BTU gas service fine. Infrared Broiler Burner 16,500 BTU Broil Pan Included Installation of this range must conformwtth local codes,or In the Blue Interior Yes absence of local codes, the National Fuel Gas Code(ANSI Z2231, Racks 2 the latest ellibon) In Canada,Installation must conform to the Halogen Lights 2 current Natural Gas Installation Code, CAKVCGA-91491 andwith Additional Features local codes where applicable This range has been deagn-certified Four Inch Stainless Steel Backsplash Yes by the American Gas Association.according to ANSI Z21 1,latest Full StainlessSteel Side Panels Yes edltlon and Canadian Gas Associateon according toCANICGA-11 Professional Handle Yes latest edition. Full adjustable-Heavy-Duty Legs Yes Specifications Electrical Ratinq 12OW60H7115 or 20A Product Weight 364 Lbs Shaping Weight(Approx ) 411 Lbs t,1 Area allows for flush installation `t with through-the-wall connection of pipe stub /shut-off valve 2" and rear wall 120V outlet. 6�1/4"1 10 1T/2"1 14" 2" Shortest connection from hard pipe stub location Area allows for flush installation to range hook-up with through-the-floor connection of pipe stub/shut-off valve z27- ' 3/ 27 34' 4' 1-3/8' BACKSPLASH RANGE HOOD 30'mm �_ 36'max 13• i , 19'm1a I 36'mm. max. 40' 1. 36. OVERALL DEPTH WITH OVEN DOOR IN FULLY OPEN POSITION-441/2' Pr®fess®®aa® Series NXR-RH3001 �\ NXR-RH3601 is IMPORTANT. Read and save these instructions. NOTICE: Installer-Leave this guide with the homeowner Homeowner Keep this guide for future reference Under Cabinet/Wall Mount Range Hood Duro Corporation 17018 Evergreen Place City Of Industry,CA 91745 Service Tel 1877 639 7264 Product Information 1-888-909-8818 1 � 1VZ,e�asaX1 i n_s'ai�ikU�ag�'ara�'s_ _ T i it - � - •All measurements in parenthesis are in millimeter •All inch measurements are cunvered from millimeters,thus inch measurements are cmma,ed i With optional single-piece chimney I _t lhthmd ap0aaal sni„le-prise thnune} M / , 17 City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For HEIL FIRE STATION NO 8,TENANT IMPROVEMENTS CC NO 1535 in the CITY OF HUNTINGTON BEACH November 12, 2015 Notice To All Bidders Please note the following clarification to the Project Plans, Specifications, and Special Provisions 1) The City will abate any lead or asbestos, including the popcorn ceiling, prior to the Notice to Proceed,therefore this scope is not a part of the contract The Contractor will be responsible for patching the ceiling as required for a smooth finish 2) The City intends to award this contract in late December with a Pre-construction meeting in early January and a Notice to Proceed given in early February, 2016 3) The furnace and all components shall be York brand, no substitutions Attached is information relative to model numbers 4) Doors 2, 3 & 4 shall be flush type door with cylinder privacy lock set with ADA approved lever Provide wall mounted door stop No closer 5) Door Hardware make and model#can be found in Section 087100 6) The City does not have a sample Bib Bond form This is to acknowledge receipt and review of Addendum Number One, dated November 3, 2015 ?�S tJ�fWov(L, In(-, Company Name By 1113 �201� Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal r Date 11/11/2015 Project Name HB Fire Station#8-EDA 42YORIC Project Number Client/Purchaser Submittal Summary Page Qty Tag# Model# Description 1 YCJD36S41S1 3 Ton,Air Conditioner, York Brand, R-410A, Deluxe Jacket, Single Stage Compressor, 208/230-1-60, Sweat Connections 1 YP9C080C16MP12C York Brand, Premium Tier, 97 7%AFUE, Modulating Gas Valve, ECM Motor,80 MBH, 21"Width Cabinet, 1600 CFM Nominal, Multi- Position, 115-1-60 1 FC48C3XC1 4 0 Ton Nominal, Full Cased Coil, 21"Wide Cabinet, Flex Coil, Orifice or TXV to be field installed 1 S1-1TVM4G1 5/8 M x 5/8 F R-410A Bolt-On TXV Kit Equipment start-up and commissioning by a factory trained technician is recommended Contact your supplying distributor or sales representative for additional information&guidance Unitary Sales Tool v1 5 9 0 Information is subject to change without notice Check local codes Printed 11/11/2015 LX Series Page 2 MYORIC Split-System Air Conditioner Protect Name HB Fire Station#8-EDA Unit Model# YCJD36S41S1 Quantity 1 System YCJD36S41S1,YP9C080C16MP12C,FC48C3XC1 11 Cooling Performance Total capacity 361 MBH Sensible capacity 261 MBH Refrigerant type R-410A Seasonal Efficiency(at ARI) 1400 SEER ( , Efficiency(at ARI) 11 50 EER Ambient DB temp 950 °F �� Power Input 312 kW Electrical Data Power supply 208/230-1-60 Unit min circuit ampacity 179 Amps Unit max over-current protection 30 Amps Dimensions&Weight Hgt 28 in Len 29 in Wth 29 in Weight with factory installed options 145 Ibs Matchup Information ARI Reference Number 3137651 ARI Rated Capacity 36 MBH Unit Features RI Rated Efficiency 1400 SEER • Unit Cabinet Constructed of Pre-Painted Steel Note Please refer to the tech guide for listed maximum static pressures • Fully Exposed Refrigerant Connections and a Single Panel Covering the Electrical Controls Make for Easy Servicing of the Unit Cco • Single Circuit 1 Stage Cooling with Reciprocating Compressor US Good Notoelceepmg ''" ""� • Each Compressor is Protected Against Abnormal Pressures by an Internal Pressure Relief Valve and Factory Installed High Pressure Switch • Liquid Line Filter Drier • Microchannel Condenser Coil • Secured Re-Usable Service Valves are Provided on Both the Liquid and Vapor Sweat Connections for Ease of Evacuating and Charging • Internally Protected Condenser Fan Motor • Fully-Louvered Coil Guard Warranty • Five(5)Year Limited Parts Warranty • Extended Ten(10)Year Limited Parts Warrnaty when Product is Registered Online Within 90 Days of Purchase for Replacement or Closing for New Home Construction • Ten(10)Year Limited Compressor Warranty Unitary Sales Tool v1 5 9 0 Information is subject to change without notice Check local codes Printed 11/11/2015 LX Series Page 3 MYORIC Split-System Air Conditioner Project Name HB Fire Station#8-EDA Unit Model# YCJD36S41S1 Quantity 1 System YCJD36S41S1,YP9CO8OC16MP12C,FC48C3XC1 Typical Applications MINIMUM 18 SERVICE ACCESS CLEARANCE 60'OVERHEAD ON ONE SIDE 0 c THERMOSTAT CLEARANCE WEATHERPROOF DISCONNECT SWITCH NEC CLASS 1 WIRING ` NEC CLASS 2 WIRING V 10'CLEARANCE TO FURNACE OR AROUND PERIMETER AIR HANDLER TERMINAL BLOCK I'll Ili TO INDOOR COIL I NOTES J ALL OUTDOOR WIRING MUST BE WEATHERPROOF — CONTROL MINIMUM 24'UNIT TO UNIT CLEARANCE ACCESS PANEL SEAL OPENING(S)WITH PERMAGUM OR EQUIVALENT Unitary Sales Tool v1 5 9 0 Information Is subject to change without notice Check local codes Printed 11/11/2015 LX Series Page 4 'Y R ® Split-System Air Conditioner Project Name HB Fire Station#8-EDA Unit Model# YCJD36S41S1 Quantity 1 System YCJD36S41S1,YP9C080C16MP12C,FC48C3XC1 Unit Dimensions Dimensions Refrigerant Connection Unit (Inches) Service Valve Size C Model A B C Liquid Vapor 18 28-1/4 24 24 24 28-1/4 24 24 ®� 30 28-1/4 24 24 3/4 ®� 0 36 28-1/4 29-112 29-1/2 318 0 42 30-1/4 29-1/2 29-1/2 A O 48 30-1/4 29-1/2 29-1/2 7/8 O0 60 32-1/4 34 34 All dimensions are in inches and are subject to change without notice Overall height is from bottom of basepan to top of fan guard 0O e Overall length and width include screw heads B SOUND POWER RATINGS UNIT MODEL (dBA) 18 75 24 76 30 76 36 76 42 76 48 77 60 75 Rated in accordance with ARI Standard 270-1995 TYPICAL FIELD WIRING ALL FIELD WIRING TO BE IN ACCORDANCE WITH ELECTRIC CODE(NEC) AND/OR LOCAL CODES POWER WIRING 24 VOLT CONTROL WIRING — — — POWER WIRING R 208/230-1-60 MINIMUM 18 WIRE — — — — — — CONTROL WIRING (NEC CLASS 2) FACTORY WIRING FURNACE OR AIR HANDLER TERMINAL BLOCK QW /\ TERMINAL W IS ONLY (`/l Jl I � I I I I REQUIRED ON SYSTEMS CONTACTOR I I I I I WITH HEAT TERMINALS I I I I I GND _ _ _ _ _ _ J I I I I I LUG COIL , I r ``O CONDENSING UNIT ROOM THERMOSTAT A[L OUTDOOR WIRING MUST BE WEATHERPROOF USE COPPER CONDUCTORS ONLY Unitary Sales Tool v1 5 9 0 Information is subject to change without notice Check local codes Printed 11/11/2015 Affinity Page 5 MYORIC Modulating Multi-Position Gas Furnace Project Name HB Fire Station#8-EDA Unit Model# YP9C080C16MP12C Quantity 1 System YCJD36S41S1,YP9C080C16MP12C,FC48C3XC1 Cooling Performance Total capacity 36 1 MBH Sensible capacity 261 MBH �t Entering DB temp 800 °F Entering WB temp 670 °F Leaving DB temp 598 °F Leaving WB temp 576 °F HeatingPerformance Entering DB temp 60 °F Heating output capacity(Max) 78 MBH — Heating output capacity(Min) 270 MBH or Supply air 1200 CFM Heating input capacity(Max) 80 MBH Heating input capacity(Min) 28 MBH Leaving DB temp 1202 °F Air temp rise 602 °F AFUE 977 % Supply Air Blower Performance Supply air 1200 CFM Unit Features Ext static pressure 06 IWG • Unit Cabinet Constructed of Pre-Painted Steel Blower speed description VARIABLE • Sharp Edges Have Been Eliminated by Folding and Flattening the Sheet Motor rating 075 HP Metal Elevation 0 ft . Full-Gasket,Rigid Independent Access Doors With View Ports and 1/4 Turn Drive type DIRECT Knobs Indoor Electrical Data • Units are factory shipped for installation in upflow or horizontal applications Power supply 115-1-60 and may be converted for downflow applications Unit min circuit ampacity 1000 Amps . Hi-tech Tubular Aluminized Steel Primary Heat Exchanger with Stainless Unit max over-current protection 15 Amps Steel Tube/Aluminum Fin Secondary Heat Exchanger for Outstanding Indoor Dimensions&Weight Efficiency Hgt 33 in Len 30 2 in Wth 21 in • Propane Convertible Weight with factory installed options 134 Ibs • Modulating Gas Valve Matchu Information • Airflow Leakage Rate of Less Than 1%of Total Airflow @ 1"ESP Under ARI Reference Number 3137651 Duct Testing Conditions ARI Rated Capacity 36 MBH . Built-In, High-Level Self-Diagnostic Controls with Fault Codes for Reliable RI Rated Efficiency 1400 SEER Operation Note Please refer to the tech guide for listed maximum static pressures Warranty Q0- • Five(5)Year Limited Parts Warranty ° " • A 20-year limited warranty on heat exchangers in residential applications • A 10-year warranty on heat exchangers in commercial applications • Extended lifetime heat exahanger and 10-year limited parts warratny when product is registered online within 90 days of purchase for replacement or closing for new home construction Unitary Sales Tool v1 5 9 0 Information is subject to change without notice Check local codes Printed 11/11/2015 Affinity Page 6 a2YORIC Modulating Multi-Position Gas Furnace Project Name HB Fire Station#8-EDA Unit Model# YP9C080C16MP12C Quantity 1 System YCJD36S41S1,YP9C080C16MP12C,FC48C3XC1 Dimensions&Clearances LEFT SIDE FRONT RIGHT SIDE Combustion Air Inlet- �sdan Air Inlet Condensate Drain Gas Pipe ■roRi Gas Pi (Downflow) Entry Pe Condensate Drain Entry or—(Downflow) 2"Vent —►O ElectncaI Electrical Connection Entry Entry 2"Vent Outlet Connection Condensate Outlet CIA Drain 33' Condensate ►o r � O Drain r 23"—�I Thermostat -T Wiring Thermostat n III Wiring Optional Return r Cutout(Either side) 14" W YY 1" A 302 56 23 8" ► 3" 2"Vent Connection Outlet B Combustion B Air Inlet C 1 56' 56' 20' ►I 4 24 25' SUPPLY END RETURN END Cabinet and Duct Dimensions Models Nominal CFM Cabinet Size Cabinet Dimensions(Inches) A B C YP9C060B12MP12C 1200 B 17 1/2 16 3/8 13 1/4 YP9C080B12MP12C 1200 B 17 1/2 16 3/8 14 3/4 YP9C080C16MP12C 1600 C 21 197/8 161/2 YP9C100C16MP12C 1600 C 21 197/8 18 1/4 YP9C100C20MP12C 2000 C 21 197/8 181/4 YP9C120D20MP12C 2000 D 24 1/2 23 3/8 21 3/4 Ratings&Physical/Electrical Data Input Output AFUE Nominal Total Air Temp Air Temp Models Max/Min Max/Min Airflow Unit Rise Max Input Rise Min Input MBH MBH % CFM Amps °F 'F YP9C060B12MP12C 60/21 58/20 975 1200 70 40-70 20-50 YP9C080B12MP12C 80/28 77/27 975 1200 75 40-70 20-50 YP9C080C16MP12C 80/28 78/27 977 1600 100 40-70 20-50 YP9C100C16MP12C 100/35 97/34 977 1600 100 40-70 20-50 YP9C100C20MP12C 100/35 97/34 977 2000 120 45-75 25-55 YP9C120D20MP12C 120/42 116/40 980 2000 120 45-75 25-55 Max Outlet Blower Blower Max Min wire Size Approximate Models Air Temp Wheel Size Over-Current (awg)@ 75 It Operating Weights °F HP Amps s Protect one way Lbs YP9C060B12MP12C 170 1/2 4 8 11 x 8 15 14 113 YP9C080B12MP12C 175 1/2 4 8 11 x 8 15 14 119 YP9C080C16MP12C 175 3/4 7 5 11 x 10 15 14 134 YP9C100C16MP112C 175 3/4 7 5 11 x 10 15 14 140 YP9C100C20MP12C 180 1 145 11 x 11 20 12 143 YP9C120D20MP12C 180 1 145 11 x 11 20 12 152 Annual Fuel Utilization Efficiency(AFUE)numbers are determined In accordance%nth DOE Test procedures Wire size and over current protection must comply w@h the National Electrical Code(NFPA-70-latest edition)and all local codes The furnace shall be installed so that the electrical components are protected from water Unitary Sales Tool vl 5 9 0 Information is subject to change without notice Check local codes Printed 11/11/2015 York Page 7 MYORIC York Add-on Cods Project Name HB Fire Station#8-EDA Unit Model# FC48C3XC1 Quantity 1 System YCJD36S41S1,YP9C080C16MP12C,FC48C3XC1 Cooling Performance Refrigerant type R-410A ' } Ambient DB temp 950 °F Coil Dimensions&Weight Hgt 28 in Len 21 5 in Wth 21 in Weight with factory installed options 65 Ibs Matchup Information ARI Reference Number 3137651 ARI Rated Capacity 36 MBH ARI Rated Efficiency 1400 SEER ,Metering Device S1-1TVM4G1 (or equly) Note Please refer to the tech guide for listed maximum static pressures amccts 1 5-5 Ton Unit Features • Durable Finish Inside and Out-Coil Casings are Made of Pre-Painted Steel The Pre-Treated Flat Galvanized Steel Provides a Better Paint to Steel Bond,which Resists Corrosion and Rust Creep All Internal Metal Parts are Made of G90 Galvanized • Coil may be Installed in Upflow or Downflow Applications • Copper Tube/Aluminum Fin Coil • Sweat Connect Fittings Warranty • Five(5)Year Limited Parts Warranty • Extended Ten(10)Year Limited Parts Warranty when product is registered online within 90 days of purchase for replacement or closing for new homeconstruction This Warranty does not apply for R-22 or 3-Phase systems Unitary Sales Tool v1 5 9 0 Information is subject to change without notice Check local codes Printed 11/11/2015 K York Page 8 �Y R York Add-on Cods Project Name HB Fire Station#8-EDA Unit Model# FC48C3XC1 Quantity 1 System YCJD36S41S1,YP9C080C16MP12C,FC48C3XC1 FC Coil Dimensions Refrigerant Dimensions t Connections 2 -� C Models Height Width Opening Widths Line Size 20 3/8" \(Opening) A B C D Liquid Vapor (Opening) �� FC18A 18 141/2 133/8 131/2 FC18B 18 17 112 16 3/8 161/2 FC24A 22 14112 133/8 131/2 FC24B 22 17112 163/8 161/2 FC30A 22 141/2 133/8 131/2 3/4 A FC30B 22 17 1/2 16 3/8 16 112 FC32A 20 141/2 133/8 131/2 ' FC35B 20 17 112 16 3/8 16 V2 FC35C 241/2 21 19 7/8 20 FC36A 241/2 141/2 133/8 131/2 FC36B 241/2 17 112 16 3/8 16 112 7/8 21 1/2" FC36C 241/2 21 19 7/8 20 3/8 B FC37A 24 1/2 14 112 133/8 13 1/2 3/4 FC42B 28 17 112 16 3/8 161/2 FC42C 28 21 19 7/8 20 BOTTOM OPENING FC438 24112 17 1/2 163/8 161/2 DIMENSIONS jr FC43C 241/2 21 19 7/8 20 FC48C 28 21 19 7/8 20 7/8 201/4' FC48D 28 241/2 23318 23112 D\ FC60C 28 21 19 7/8 20 FC60D 28 24 1/2 23 3/8 23 1/2 FC62D 32 24 112 23 3/8 23 112 FC64D 36 241/2 233/8 231/2 1 All dimensions are in inches 2 Refrigerant line sizes may require larger lines for extended line lengths See Application Data part number 247077 Unitary Sales Tool v1 5 9 0 Information is subject to change without notice Check local codes Printed 11/11/2015 City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE For HEIL FIRE STATION NO 8,TENANT IMPROVEMENTS CC NO 1535 in the CITY OF HUNTINGTON BEACH December 22, 2015 Notice To All Bidders" Please note the following clarification to the Project Plans, Specifications, and Special Provisions 1 Replace the following Sheets in the Specifications Title Sheet Showing new bid opening date Section A Revised new dates B-5 Revised Item 21 New pre-bid meeting date C-3 Revised to show DIR Registration#for Subcontractors C-11 Revised to clarify DIR registration prior to bid and DIR# This is to acknowledge receipt and review of Addendum Number One, dated November 3, 2015 9S IV 2twovk, I ric- • Compat y Na ell Ui By Date I All bidders must acknowledge and include the receipt of this Addendum with your bid proposal Bond No. 71739444 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS,that we 3S Network, Inc. as Principal (hereinafter called the Pnncipal), and Western Surety Company , a corporation duly organized under the laws of boUth UaWOT5—and authorized to transact a general surety business in the State of California as Surety, (hereinafter called the Surety), are held firmly bound unto Huntington Beach,City of 2000 Main Street,Huntin ton Beach CA 92648 as OBLIGEE, (hereinafter called the Obli ee), in the sum equal to 10 a % of the accompanying bid of the Principal, not,however in excess of Ten Percent of theTotal mown o the Bid for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas, the Principal has submdtea or is about to submit to the Obligee a Proposal or bid, dated on or about the date mentioned below, for (1) the A of the designated work, or(2)the furnishing of the specified goods,supplies or products,to-wit Heil Fire Station No 8 Tenant Improvements,CC1536 NOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall duly make and enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid, or any amendment thereof acceptable to the Principal, within the time permitted therefore after such contract forms are presented to the Principal for execution, should the Obligee award the Principal the said work or contract or any part thereof and if the Principal shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going thereinto, as in the specifications or contracts provided or if the Principal shall in case of failure so to do, pay the Obligee the damages which the Obligee shall have actually suffered by reason of such failure not exceeding the penal sum of this bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid shall have been made within thirty (30) days after the formal opening of said bid, or within the time specified within the bid provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of said award at the time of notification to the Pnncipal, and unless legal action to enforce any claim hereunder shall have been commenced within six (6)months from the date of the formal opening of said bid PROVIDED always, that this Bond shall not be valid and binding upon Surety unless accompanied by a Certified Copy of a Power of Attorney authorizing the undersigned Attorney-in-Fact to execute such a bond, the Serial Number upon which Copy of Power of Attorney shall correspond with the Bond Number set out above Signed, sealed and dated this 14th day of ,January 2016 3S Network,Inc. Pnncipal Name By Principal Western Surety Company Name of S et Company By ?Y:�= — Attorney-in-Fact P ici Zenizo CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document State of California ) County of Los Angeles ) On before me, Tnna Lee Vega, Notary Public bate Here Insert Name and Title of the Officer personally appeared Patricia Zenizo Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(§) is/aM subscribed to the within instrument and acknowledged to me that Kb/she/fty executed the same in bffi/her/tYiifir authorized capacity0ps),and that by Ws/her/ft)r signature(p)on the instrument the person(q), or the entity upon behalf of which the person(s)acted, executed the instrument. I certriy under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. TRINA LEE VEGA WITNESS my hand and o icial seal V 1,0X Commission # 2056669 r m Notary Public-California D r "'' Los Angeles County My Comm Expires Feb 1,2018 Signature Srgnatu of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Document Date Number of Pages Signer(s) Other Than Named Above. Capacrty(ies) Claimed by Signer(s) Signer's Name Signer's Name: 0 Corporate Officer — Title(s): P Corporate Officer — Tdle(s): [_�Partner — E Limited ❑General ❑Partner — ❑Limited ❑General Individual R]Attorney in Fact 0 Individual 0 Attorney in Fact *Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator 0 Other, 0 Other Signer Is Representing Signer Is Representing- 02014 National Notary Association-www NationalNotary org - 1-800-US NOTARY(1-800-876-6827) Item#5907 Western Surety POWER OF ATTORNEY-CERTIFIED COPY Bond No 71739444 Know All Men By These Presents,that WESTERN SURETY COMPANY,a corporation duly organized and existing under the laws of the State of South Dakota,and having its principal office in Sioux Falls, South Dakota(the"Company"),does by these presents make, constitute and appoint PATRICIA ZENIZO its true and lawful attorney(s)-m-fact, with full power and authority hereby conferred,to execute, acknowledge and deliver for and on its behalf as Surety,bonds for Principal 3 S Network, Inc Obligee City of Huntington Beach Amount $500,000 00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect "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,any 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" All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of April 14 2016 but until such time shall be irrevocable and in full force and effect I.a _A§4nf,Western Surety Company has caused these presents to be signed by its Vice President,Paul T Bruflat,and its corg Ae-UalIcbea tlus 14th day of January 2016 'r WE8 SURE COMPANY SOZJTH-FYA Paul T ruflat,Vice President ss On this 14 th day of January in the year 2016 before me,a notary public,personally appeared Paul T Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said oration }b�Obb�9b�044�74�7b4�7'7 b�7b�7bbbb} a M. BENTQ--�NOTARY PUBLIC 8 8 SAL NCITWSOUTH DAKOTAQSE�La Notary Public-South Dakota �bb�ebbbbbbbbbbbb'o'obbbbbb My Commission Expires March 2, 2020 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 14 th day of January 2016 WEST R / SURE COMPANY Paul T fruflat,Vice President To validate bond authenticity,go to www cnasurety coin >Owner/Obligee Services>Validate Bond Coverage Form F5306-11-2015