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Home My WebLink AboutAWARDED AAA RESTORATION, INC. EMERALD COVE SENIOR APARTMENTS RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to �Sn City Clerk's Office G/ (Name)U after signing/dating (Date) t 0, CITY OF HUNTINGTON BEACH • INTERDEPARTMENTAL COMMUNICATION TO: , S , ri Freidenrich, City Treasurer o FROM: � /1YL��''I . _ "�� i'C DATE: SUBJECT: Bond Acceptance have received the bonds for (Company Name) z Faithful Performance Bond No. ' Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No: ��.a2AL/J CC No. C. 7,r �C... n MSC.No. �.�"7tJ/D/C.. ��✓�'�/� " Approved `7" Agenda Item No. (Cduncil Approval Date) City Clerk Vault No. �- ��300 #27 g1followup/bondletter.doc .4 City of Huntington Beach INTER-DEPARTMENT COMMMUNICATION 14UNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Terri King, Assistant Project Manager DATE: April 21, 2008 SUBJECT: Retention Release Payment Company Name: AAA Restoration, Inc. Address: 29850 2"d Street City, State and Zip Code: Lake Elsinore, CA 92532 Phone Number: (951) 471-5828 Business License Number:A 252604 Local Address: Same as above Notice of Completion Date:March 13, 2008 Contract Purpose: Release of remaining 10% money to,contractor from the Emerald Cove Capital Repair Project 2007 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. certify that no stop notices are on file on the subject at this time. April 21, 2008 Date Travis K. Hopkins, Public Works Director I certify that there are no outstanding invoices on file. L/- 2y-08 Date S ari Frei nrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. April 21, 2008Z Date Joan . Flynn, City Clerk k ( t i Certification of Compliance with Prevailing Wage Laws i To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O.Box 190 I Huntington Beach,CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: bylur4k V-0 Project: vlk.Q,rQ C (.a ` .n c q,�Jig 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 j true and correct. Executed this ,�-b` day of ,200S at LQ,4 05(ne-re ;California. AAA RESTORATION,INC. 2%50 2nd St j (Type Contractor are i By e itle: [Ty Title) l�� MrG1tA � CITYAMRNEY - I f i 1 247542.1 i . i i CONTRACTOR'S CERTIFICATE I L I� Mun(() , state and certify that: j (Name of Declarant) Jn6. is the general contractor to the City of Huntington Beach ("City') on Contract No. ? �/,l n _ (the "Contract") for the construction of the public work of improvement entitled: (the"Project"). j 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). i I Except for the claims hsted.below and the disputed claims listed in paragraph five(5),all persons supplying labor, services, materials and equipment to the Project, including all 3 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. i 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to j Withhold filed pursuant to the Civil Code of the State of California (list all disputed ' claims;if none,write"NONE"): 1Uene i I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. - I Executed at LQ,Kj- 15 Maa- on this o day of 2009. I (Signature o larant) APPROVED AS TO FORM ! By: r - s/t�/a -I1.3 3• Zo•oCP � Name: [Type Name] i Title: [Type Title] 1 ' 1 245914.1 f 3 4 Certification of Compliance with Title VII of the Civil Rights Act G and Equal Employment Opportunity Aect of 1972 r f f To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: i Project: Wa—Lboa tip 7i f The undersigned contractor on the above-referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability(with the exception of access for the disabled). i I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. �51Y1Q�l,Q California.Executed this_Szday of� 208� at �. AAA RESTORATION,INC. 29850 2nd St. I ake Ekinow CA 99532 (Type Contractor Name) By: � �• Nam • Type Name] Titl [Type Title] R ��EY A i 1L) 3 ab•ote I i i• 1 2as9u.1 SURETY COMPANY of the PACIFIC SCP A Leading California Surety Since 1969•Treasury Listed 6345 Balboa Blvd, Building 2, Suite 325, Encino, California 91316-1517 Phone: (800) 552-3936 Fax (818) 609 9250 E-MAIL: contractsuretycD-suretycopac.com WEB SITE: www.SuretyCompany.com MAINTENANCE BOND BOND#M107125 PREMIUM: $3,116.00 KNOW ALL PERSONS BY THESE PRESENTS, That we A A A Restoration Inc -29850 2nd St, Lake Elsinore, CA 92532 (hereinafter called the Principal), as Principal, and SURETY COMPANY OF THE PACIFIC (SCP), a corporation duly organized under the laws of the State of California (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH—2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 (hereinafter called the Obligee), in the sum of SIX HUNDRED TWENTY THREE THOUSAND ONE HUNDRED NINETY NINE DOLLARS ($623,199.00), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, said Principal has entered/or will enter into a contract with said obligee, for EMERALD COVE CAPITAL REPAIR PROJECT 2007; AND WHEREAS, said contract provides that said Principal should guarantee the project free from defects caused by faulty workmanship or materials, general wear and tear excepted, for a period of 12 MONTHS. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully remedy any defects which may develop during the above-mentioned period, then this obligation shall be null and void; otherwise shall remain in full force and effect. Executed on this 3RD day of APRIL, 2008. BY: - George Alfred P ate, Attorney-in-Fact eAA estoration nc, Pr ipal LICENSE#OD42655 SURETY COMPANY OF THE PACIFIC APPROVED AS TO FORM JENNIFER McGRATH,City Attorney B Paul D'Aleesandr® Assistant City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of LOS ANGELES On APR 0 31 2008 before me, CALVIN VAN, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared GEORGE ALFRED PEATE Name(s)of Signers) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. CALVIN717-5-15-09- N ECommisslon 1 certify under PENALTY OF PERJURY under the laws of Notary Public -California the State of California that the foregoing paragraph is true Loa Angeles County and correct. mm f�wCa . NAM 17,2011 . WITNESS my hand an ffi ial se Signature ` Place Notary Seal Above Signaturepfiotary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BOND# M107125 Document Date: APR 0 2jj(f Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑Corporate Officer — Title(s) ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Partner— ❑ Limited❑General Attorney in Fact Top of thumb here ❑Attorney in Fact Top of thumb here ❑Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: SURETY COMPANY of the PACIFIC 6345 BALBOA BOULEVARD,BUILDING 2,SUITE 325,ENCINO,CALIFORNIA 91316-1517 REPLY TO:POST OFFICE BOX 10289,VAN NUYS,CALIFORNIA 91410-0289 S C PHONE:(818)609-9232 POWER OF ATTORNEY NOTICE: 1. This Power of Attorney is void if altered or if any portion is erased. 2. This Power of Attorney is void unless the seal is readable. KNOW ALL PERSONS BY THESE PRESENTS: That, SURETY COMPANY OF THE PACIFIC, by Paul R. Geissler its President, in pursuance of authority granted by Resolution of its Board of Directors at a meeting called and held on the 23rd day of January, 1969, which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy: "RESOLVED: That the President or any Vice-President may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or any Vice-President, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." does hereby nominate, constitute and appoint GEORGE ALFRED PEATE, of ENCINO, California, its true and lawful Attorney-in- Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS. IN WITNESS WHEREOF Paul R. Geissler, said President has hereunto subscribed his name and affixed the corporate seal of the said SURETY COMPANY OF THE PACIFIC, this 30th day of September, 2004. SURETY COMPANY OF THE PACIFIC By Paul R. Geissler, President STATE OF CALIFORNIA ) COUNTY.OF LOS ANGELES )ss On this 30th day of September,2004,before me, Yelena N. Antekelyan, Notary Public,personally appeared Paul R. Geissler, President,of Surety Company of the Pacific, personally known to me to be the person whose name is subscribed to the within instrument ,,,,t that by hk sionatnre on the instrument the person,or CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of LOS ANGELES On APR 0 3 2008 before me, CALVIN VAN, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared KATHLEEN KELLEY GOODWIN Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon CALVIN VAN behalf of which the person acted,executed the instrument. Commission #E 1751809 Notary Public -California I certify under PENALTY OF PERJURY under the laws of Los Angeles County the State of California that the foregoing paragraph is true WComm.FvYe jun17.2011 and correct. WITNESS my hand a off ial sea Signature Place Notary Seal Above Signature otary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: POWER OF ATTORNEY BOND# M107125 Document Date: APR 0 3 2008 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ,Corporate Officer—Title(s) ❑ Corporate Officer—Title(s) ❑ Partner—El Limited ❑General ❑ Partner—❑ Limited ❑General ❑Attorney in Fact Top of thumb here ❑Attorney in Fact Top of thumb here ❑Trustee ❑Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: SURETY COMPANY of the PACIFIC Sp 6345 BALBOA BOULEVARD,BUILDING 2,SUITE 325,ENCINO,CALIFORNIA 91316-1517 REPLY TO:POST OFFICE BOX 10289,VAN NUYS,CALIFORNIA 91410-0289 PHONE:(818)609-9232 APR 0 3 2008 To: PUBLIC ENTITY (GOVERNMENT AGENCY, MUNICIPALITY, SCHOOL DISTRICT, OTHER) Surety Company of the Pacific (SCP) has been an admitted surety in the State of California since February, 1969. The Certificate of Authority issued by the California Department of Insurance (CDI) granting SCP authority to transact surety business within the state is in full force and effect. This Authority has never been surrendered, revoked, cancelled, annulled or suspended and we are proud of our uninterrupted service to California's contractors. You can easily verify the current status of our Certificate of Authority by contacting the California Department of Insurance at (213) 897-8921 or by visiting the CDI Web site at www.insurance.ca.gov. If you are visiting the Web site go to the section with the heading "Insurers," look for the "Regulatory Activity" column heading, select "Insurance Company Profiles" option and then enter our company name: Surety Company of the Pacific. CSUR7-7/03 Company Profile Page 1 of 2 Company Profile SURETY COMPANY OF THE PACIFIC PO BOX 10289 VAN NUYS, CA 91410-0289 800-537-1819 Agent for Service of Process KATHY K. GOODWIN, 6345 BALBOA BLVD SUITE II-325 ENCINO, CA 91316 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 12793 NAIC Group#: 0000 California Company ID #: 1960-4 Date authorized in California: February 14, 1969 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CALIFORNIA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area http://interactive.web.insurance.ca.gov/webuser/idb_co_prof utl.get_co_prof?p_EID=3872 4/21/2008 SURETY COMPANY of the PACIFIC SV_D A Leading California Surety Since 1969•Treasury Listed 6345 Balboa Blvd, Building 2, Suite 325, Encino, California 91316-1517 Phone: (800) 552-3936 Fax (818)609 9250 E-MAIL: contractsurety(�suretycopac.com WEB SITE: www.SuretyCompan CONSENT OF SURETY TO FINAL PAYMENT TO OBLIGEE: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: BOND NUMBER: M106814 PRINCIPAL: A A A Restoration Inc 29850 2nd Street Lake Elsinore, CA 92532 CONTRACT/PROJECT DESCRIPTION: Emerald Cove Capital Repair Project 2007 CONTRACT PRICE: $623,198.35 In accordance with the provisions of the contract between the above-referenced obligee and the above-referenced principal, Surety Company of the Pacific (SCP) hereby approves of the final payment to its principal, and agrees that final payment to the principal shall not relieve SCP of any of its obligations to the obligee as set forth in the above-referenced bond. IN WITNESS WHEREOF, SCP has here unto set its hand this 31" day of March, 2008. SURETY COMPANY OF THE PACIFIC (SCP) 6345 Balboa Boulevard, Building 2 Encino, California 91316 By George fred eate Attorney-in-Fact LICENSE# OD42655 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT , State of California County of LOS ANGELES On MAR 312008 before me, CALVIN VAN, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared GEORGE ALFRED PEATE Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of CALVIN VAN which the person acted, executed the instrument. Commisslon � 1751509 Notary Public -California Los Angeles County I certify under PENALTY OF PERJURY under the laws of WCamm.tVis,An17,2011 the State of California that the foregoing paragraph is true and correct. WITNESS my hand a off cial seal Signature Place Notary Seal Above Signature of Pbry Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BOND# M106814 Document Date: MAR 3 1 2008 Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑Corporate Officer — Title(s) ❑Corporate Officer —Title(s) ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ,Attorney in Fact Top of thumb Here ❑Attorney in Fact TO of thumb here ❑Trustee ❑Trustee ❑Guardian or Conservator ❑ Guardian or Conservator ❑Other: ❑Other: Signer Is Representing: Signer Is Representing: SURETY COMPANY of the PACIFIC 6345 BALBOA BOULEVARD,BUILDING 2,SUITE 325,ENCINO,CALIFORNIA 91316-1517 REPLY TO:POST OFFICE BOX 10289,VAN NUYS,CALIFORNIA 91410-0289 S C PHONE:(818)609-9232 POWER OF ATTORNEY NOTICE: 1. This Power of Attorney is void if altered or if any portion is erased. 2. This Power of Attorney is void unless the seal is readable. KNOW ALL PERSONS BY THESE PRESENTS: That, SURETY COMPANY OF THE PACIFIC, by Paul R. Geissler its President, in pursuance of authority granted by Resolution of its Board of Directors at a meeting called and held on the 23rd day of January, 1969, which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy: "RESOLVED: That the President or any Vice-President may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or any Vice-President, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require,and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." does hereby nominate, constitute and appoint GEORGE ALFRED PEATE, of ENCINO, California, its true and lawful Attorney-in- Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS. IN WITNESS WHEREOF Paul R. Geissler, said President has hereunto subscribed his name and affixed the corporate seal of the said SURETY COMPANY OF THE PACIFIC, this 30th day of September, 2004. SURETY COMPANY OF THE PACIFIC By Paul R. Geissler, President STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss On this 30th day of September, 2004,before me, Yelena N. Antekelyan, Notary Public, personally appeared Paul R.Geissler, CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California . County of LOS ANGELES On MAR 3 2008 before me, CALVIN VAN, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared KATMEEN KEI T.F.Y GOODWIN Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon CAtvIN VAN behalf of which the person acted,executed the instrument. Commiuion #F 1751809 Notary Public -Collfofrda LOS An9Ns1111 County I certify under PENALTY OF PERJURY under the laws of Wcoffinepra.An17,2011 the State of California that the foregoing paragraph is true and correct. WITNESS my hand offi ial seal Signature Place Notary Seal Above Signature ofV&ary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: POWER OF ATTORNEY BOND# M106814 Document Date: MAR 3 12008 Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual x7 Corporate Officer—Title(s) ❑Corporate Officer—Title(s) ❑ Partner—El Limited❑General ❑ Partner—❑ Limited❑ GeneralM. ❑Attorney in Fact Top of thumb here ❑Attorney in Fact Top of thumb here ❑Trustee ❑Trustee ❑Guardian or Conservator ❑Guardian or Conservator ❑Other: ❑Other: Signer Is Representing: Signer Is Representing: 13 Mar 2008 CANAHL LUMBER CO. ESTABLISHED IN 1884 CREDIT DEPARTMENT ........................................ .............. flAf T... £Nei .... ....... ASE :::::::::::................ AAA RESTORATION INC »:<: . .: 29850 2ND STREET FNAL...PA. {ENT ....__ . ..... ........................................................................................... .................. .... ...................... LAKE ELSINORE CA 925321. Job #34779.25 The undersigned has been paid in full for all labor. services, equipment or material furnished to (cust. name) AAA RESTORATION INC on the job of (owner name) CITY OF HUNTINGTON BEACH located at (job descr. ) EMERALD COVE / 18191 PARKTREE 18191 PARKTREE CIR HUNTINGTON BEACH CA and does hereby waive and release any right to a mechanic's lien. stop notice or any right against a labor and material bond on the job. except for disputed claims for extra work in the amount of : $0.00. BRENDA NEVAREZ,ASST CREDIT MG Credit Department GANAHL LUMBER COMPANY ------ . . _. . ...... _.. ....... .._ .. .. _ NOTICE TO. PERSONS SIGNING THIS WAIVER This waives r.i:ghts :: uncondi:tional>ly and states, thaw you ::.have been paid for g�u�ng up chose :rights This document : i s enforceable against: you:rf you sign ;y even if :you have not< been,pa�d If you'have..;not been paid, use a Conditional Re1ease.Form P.O. Box 31 Anaheim, CA 92815-0031 1220 East Ball Road Anaheim, CA 92805-5993 (714) 239-2268 FAX(714) 239-2264 i ; www.ganahliumber.com i California Wholesale Material Supply Inc. DBA CALPLY 8535 E Florence Ave Ste 100 Downey,CA 90240 =1 Wit_a Tel 714-780-5959 Fax: 714-780-5955 UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT (California Civil Code Section 3262(d)(4)) AAA RESTORATION 29850 2ND STREET Lake Elsinore, CA 92532 The undersigned has been PAID IN.FULL for all labor, services, equipment or material furnished to AAA RESTORATION on the job of CITY OF HUNTINGTON BEACH. Said project commonly known as the EMERALD COVE 00048 18191 PARK TREE LANE HUNTINGTON BEACH, CA 92648 The undersigned does hereby waive and release any right to a mechanic's lien, stop notice or any right against a labor and material bond on the job, except for disputed claims for additional work in the amount of$0.00. Dated 3/13/ 008 By: <� Salena Fore,Credit Administrator California Wholesale Material Supply Inc. DBA CALPLY NOTICE:THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FORGIVING UP THOSE RIGHTS.THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID OR YOUR CHECK HAS BEEN RETURNED BY THE BANK. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. Unconditional Waiver and Release Upon Final Payment CALIFORNIA CIVIL CODE SECTION 3262 (d)(4) The undersigned has been paid in full for all labor, services, equipment or material furnished to AAA RESTORATION INC. (Your Customer) on the job of CITY OF HUNTINGTON BEACH (Owner) located at EMERALD COVE (Job Description) 18191 PARK TREE LANE, HUNTINGTON BEACH, CA and does hereby waive and release any right to a mechanics' lien, stop notice, or any right against a labor and material bond on the job, except for disputed claims for extra work in the amount of$ 0 Dated: March 20,2008 GROVE HARDWARE (Company Name) (Signature) (� CREDIT MANAGER (Title) NOTICE TO PERSONS SIGNING THIS WAIVER: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. NOTE:CIVIL CODE 3262(d)(4)PROVIDES: Where the claimant is required to execute a waiver and release in exchange for,or in order to induce payment of,a final payment and the claimant asserts in the waiver it has,in fact,been paid the final payment,the waiver and release shall follow substantially the form set forth above. RECEIVED ': : CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) i' after signing/dating 1 I (Date) CITY OF HUNTINGTON BEACH . INTERDEPARTMENTAL COMMUNICATION TO: S i Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for AqA al (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. r-- Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved Agenda Item No. �a (C uncil Approval Date) City Clerk Vault No. - J f5 ,1 #27 g1followup/bondletter.doc i PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: _ _- Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder 111111111111111111111111111111111111111111111111 11111111111111111111111111 NO FEE AND WHEN RECORDED MAIL TO: 200800011718510,19am 03/13/08 , 122A 11 NI 1 WHEN RECORDED MAIL TO. 0-00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez - P O. Box 190—2000 Main Street Huntington Beach, CA 92648 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to A A A RESTORATION INC. who was the company thereon for doing the following work to-wit: EMERALD COVE CAPITAL REPAIR PROJECT 2007 That said work was completed December 15, 2007 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on December 15,2007, per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract Surety Company of the Pacific was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this March 5,2008. f�a ir of Public Works or City Engineerity of Huntington Beach,California STATE OF CALIFORNIA County of Orange )ss- City of Huntington Beach ) I, the undersigned, say- I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof, the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California,this March 5,2008. PDirector of Public Works or City Engineer--fc-4 ity of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) oP 059-TITLE PAGE(R7l95) 71 Council/Agency Meeting Held: `� D Deferred/Continued to: Appr ved ❑ Conditionally Approved ❑ Denied Cit CI rk's ign tur Council Meeting Date: 2/4/2008 Department ID Number: ED 08-03 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEM SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATOR --�� PREPARED BY: STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC DEVELOPMENT.�� SUBJECT: Approve Amendment to Extend Contract with AAA Restoration, Inc., for Emerald Cove Senior Apartments Capital Repair Project 2007 Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Staff is requesting that the existing contract with AAA Restoration, Inc., approved on April 2, 2007 in the amount of $667,612, be extended to February 28, 2008, to allow sufficient time for completion of the project, as agreed (See Attachment 1). Funding Source: The requested contract amendment will not require additional funding. Recommended Action: Motion to: 1. Approve the Amendment No. 1 to Agreement Between the City of Huntington Beach and AAA Restoration, Inc.; and 2. Authorize the Mayor and City Clerk to execute Amendment No. 1 to Agreement Between the City of Huntington Beach and AAA Restoration, Inc. Alternative Action(s): Do not approve the subject Amendment and provide staff with alternative direction. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 2/4/2008 DEPARTMENT ID NUMBED: ED 08-03 Analysis: On April 2, 2007, a construction contract with AAA Restoration, Inc. (AAA), was approved by the City Council for the Emerald Cove Apartments Capital Repair Project 2007 in the amount of $667,612 (see Attachment 2) to repair and reconstruct balconies throughout the property. The contract completion date was November 2, 2007. AAA has been working diligently to complete the agreed upon repairs. However, due to unexpected delays, staff is recommending that the contract be amended to allow for an extension of time. Approval of the amendment will allow AAA to satisfactorily complete the repair project. This is a publicly funded project; therefore, prevailing wage applies. Staff will continue to utilize the services of a prevailing wage monitoring consultant until the project has been completed. Strategic Plan Goal: Goal L-3 - "Preserve the quality of our neighborhoods..." Environmental Status: This project consists of rehabilitating an existing, City-owned facility and the project proposed involves the repair and replacement of existing building components only. The project is, therefore, Categorically Exempt pursuant to Class 2 Section 15302 (C) of CEQA. Attachment(s): ®- J o ti. �. Amendment No. 1 to Agreement Between the City of Huntington Beach and AAA Restoration, Inc. 2. City Funded Construction Contract Between the City of Huntington Beach and AAA Restoration, Inc. for the Emerald Cove Capital Repair Project 2007 -2- 1/17/2008 9:36 AM ATTACHMENT # 1 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND AAA RESTORATION, INC. THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,hereinafter referred to as"City", and AAA RESTORATION, INC., a California corporation,hereinafter referred to as "Contractor." WHEREAS, City and Contractor are parties to that certain agreement, dated April 2, 2007, entitled"City Funded Construction Contract Between the City of Huntington Beach and AAA Restoration, Inc., for the Emerald Cove Capital Repair Project 2007,"which agreement shall hereinafter be referred to as the"Original Agreement," and City and Contractor wish to amend the Original Agreement to extend the Term thereof, NOW,THEREFORE,it is agreed by City and Contractor as follows: 1. EXTENSION OF TERM The Term of the Original Agreement is hereby extended and shall now expire on February 28, 2008, unless sooner terminated as set forth therein. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 07-1378/17361 1 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on 0q, 2008. AAA RESTORATION, INC., a California . CITY OF HUNTINGTON BEACH, a corporation ' municipal corporation of the_'State of California By. A—A A . It print name Mayor ITS: (circle one)Chairma reside) Vice President AND Cit erk s6/air By: A41 � � APPROVED AS TO FORM: 1()(S: (circle one) ecret Chief Financial r Officer/Asst.Secretary-Treasurer ZMCity Attorney INITIATED AND PPROV . Director of Economic Develop ent REVIEWE N APP VED: City Administrator 07-1378/17361 2 ATTACHMENT #2 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND AAA RESTORATION INC FOR THE EMERALD COVE CAPITAL REPAIR PROJECT 2007 TABLE OF CONTENTS Page No. I. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF"PR07ECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 S. BONDS 6 9. . WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS,SUBSTITUTION OF SECURITIES I I 16. AFFIDAVITS OF SATISFACTION OF CLAIMS I l 17. WAIVER OF CLAIMS 12 18, INDEMNIFICATION,DEFENSE,HOLD HARMLESS 12 19, WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT&TERMINATION I5 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS,ESTIMATES AND OTHER 16 26. NON-ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40, ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND AAA RESTORATION INC FOR THE EMERALD COVE CAPITAL REPAIR PROJECT 2007 THIS AGREEMENT ("Agreement") made and entered into this 2, day of p/QlL 20 p , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and AAA RESTORATION INC. , a California Corporation , hereinafter referred to as"CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project,hereinafter referred to as "PROJECT," more fully described as the Emerald Cove Capital Repair Project 2007 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: I. 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 agree/forms/city const/4-03 I the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND. SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section),the location of the job site, and the conditions under which the work is to be 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; agree/forms/city constl4-03 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los .Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree/forms/city const/4-03 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy st without the decision of DPW,save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR,then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation _ for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed five hundred ninety thousand six hundred seventy seven dollars ($590, 77 .OQ)t gX�X� Dotlars ($ � X)0M ), 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 180 completion within one humdred kLgh consecutive calendar 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 agree/formstciV const/4-03 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall .CONTRACTOR make any changes without the prior written order or acceptance 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. agree/forms/city const/4-03 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two . (2) bonds approved by the City Attorney: One in the amount of one hundred percent (1000/0) 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 agreedonns/city consU4-03 6 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. I0. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of 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 Dollars ($ 500.00 ) per day for each and every working 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 agree/forms/city consU4-03 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions,strikes, unsuitable weather,or delays of subcontractors due to such causes. CONTRACTOR shall,within fifteen (15)days from the beginning of any such delay(unless DPW shall grant a further period of time),notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act,neglect or default of CITY,or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY,then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen(15)days of the commencement of such delay. 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 agreelfonns/city const/4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed,notify DPW in writing of- (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. a9ree/f01rms/6ty const/4-03 9 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,ten percent(10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work,will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (1001/0)of agree/forms/city const/4-03 10 • f the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement.. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR`s affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forms/city const/4-03 I I 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION DEFENSE HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/forms/city consU4-03 12 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 products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city const/4-03 13 a coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention,or a"deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE• ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: I. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30)days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city consd4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202,CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten(10)days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten(10)days after such Notice of Intention has been served on CONTRACTOR,CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city const/4-03 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent(7 'h %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports; calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 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. agreelformskAy consU4-03 16 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 fled in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR 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 AAA Restoration, Inc. ATTN: Director of Economic Development Attn: Kirk Munio, President 2000 Main Street Huntington Beach, CA 92648 29850 - 2nd St. Take Elsinore,nore, CA 92532 agreetformsfcity constl4-03 17 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 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 agree/forms/city consV4-03 18 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. 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, agree/forms/city const/4-03 19 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. 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 Iegal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day,month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH,a municipal corporation of the State of California e �/t ayor By: ►Yk t tU-�ll� ATTEST: print name ITS: (circle one)Chairtna reside ice President City Clerl�? AND �l ,J r- By: APPROVED AS TO FORM: vInq nt name ITS: (circle on Secret /Chief Financial Officer/Asst_ ity At ey Secretary-Treasurer INITIATED AND APPROVED: REVIEWED APPROVED: Director of Econ Development City Adminis or agree/forms/city consV4-03 21 ) MM/DDIYYYY) ID ( 'ACORD OP 1D j; DATE CERTIFICATE ®F LIABILITY INSURANCE AAop ( 28 07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO Powers and Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Agents and Brokers HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Box 619043 Lic #OB02564 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Roseville CA 95661-9043 Phone: 916-630-8643 Fax:800-783-0083 INSURERS AFFORDING COVERAGE NAIC# INSURED ` INSURER A: Mt. Hawley Insurance INSURER B: Lincoln General Insura>bce'Co. AAA Restoration Inc ,7! INSURERC. 29850 2nd Street INSURERD: Lake Elsinore CA 92532 J & INSURER E _.. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES-AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INKP'uuPOLICY NUMBER POLICY EfF TIVE POLICY PIRATION LIMITS LTR NSR TYPE OF INSURANCE DATE MM(DD DATE MMlDO/YY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY MGLO147241 05/30/06 05/30/07 PREMISES(Eaoccurence) $ 50,.000 CLAIMS MADE ®OCCUR MED EXP(Any one Pelson) $5,00 0 X .Owner/font Prot. PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GE::L AGGREGATE LIMIT APPLIES PER: PRODUCTS-CAMP/OP AGG $ 1,000,000 POLICY }[ PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 B X ANY AUTO 631000020902 05/24/06 05/24/07 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS P VED TO FO (Per Person) X HIRED AUTOS - ^��A t� BODILY INJURY $ X NON-OWNED AUTOS JENNIFE cGRA' F!�city (�.y!�/ / �J (Per accident) /'�/0 6 j PROPERTY DAMAGE $ (Per accident) i GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ i ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND ARY LIMITS ER EMPLOYERS'LIABILITY EL.EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? - E.L DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS i VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *10 day NOC applies for non-payment of premium. City of Huntington Beach, its agents, officers and employees are included as Additional Insured under Commercial General Liability policy per endorsement CGL 216 (04/98) , subject to a written contract between Named Insured and Additional Insured- ***This certificate replaces and supersedes the one issued 1/19/07** CERTIFICATE HOLDER CANCELLATION CITYOFH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Huntington Beach 2000 Main S tree t IMPOSE NO OBLIGATION OR LIABILITY Of ANY KIND UPON THE INSURER,ITS AGENTS OR Huntington Beach CA 92648 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) ©ACORD CORPORATION 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) + Policy Number: MGL0147241 V�^ Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORA C) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART (if no entry appears below, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Sched- ule, but only with respect to liability arising out of"your work"for that insured by or for you. To the extent required under contract, this policy will apply as primary insurance to additional insureds scheduled below and other insurance which may be available to such additional insureds will be non-contributory. Section IV.,Condition 4.,of this policy is amended accordingly. SCHEDULE Flame of Person or Organization: The City of Huntington Beach, its Agents, Officers and Employees 2000 Main Street Huntington Beach, CA 92648 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. CGL 216 (04/98) Page 1 of 1 Insured Ni861<@$ r 631 0ON209 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMON POLICY CHANGE ENDORSEMENT Endorsement No. 0 0 4 LINCOLN GENEPAL INSURMCE COMPANY Named Insured AAA RESTORATION INC Effective Dale: 01-22-07 1201 A.M., Standard Time Agent Name POWERS & EFFLER INSURANCE BROKERS INC Agent No. 027030 This endorsement will not be used to decrease coverages,.increase rates or deductibles or alter any terms of conditions of coverage unless at the sole r uest of the insured. COVERAGE PAID'INFORMATION-Coverage parts affected by this change as lnd'eca�d b below. Commercial Property Commercial General Liability FICommercial Crime Commercial Inland Marine COMMERCIAL AUTOMOBILE NO CHARGE The following item(s): Insured's Name Insured's Mailing Address aPolicy Number Company Effective/Expiration Date Insured's Legal Status/Business of Insured Payment Plan Premium Determination Additional Interested Parties Coverage Form and Endorsements aLimits/Exposures Deductibles aCovered Property/Location Description Classification/Class Codes 0 Rates Underlying Exposure/Insurance is(are)changed to read {See Additional Pages)) THE FOLLOWING FORM(S) HAS BEEN AMENDED: GA Al 898 08-98 ADDITIONAL INSURED BUS. AUTO ENDORSEMENT 01-02 FULL ADDITIONAL INSURED NAME - GA Al 8/9 ALL OTHER TERMS AND CONDITIONS REMAIN TFE SAME: The above amendments result in a change in the premium as follows: This preniurn does not Include taxes and su Q No To be Adjusted atj Additional NO CHARGE ReturnNO CHARGE 'Pax and Surcharge Changes Additional Return Countersigned By: AUTHORIZED AGENT CWCHANGEDESC (1/9T) Rodmc Copy Gincofn Genera[Insurance Company POLICY NUMBER: 6310000209 02 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURE® ® BUSINESS AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below_ Endorsement Effective Date Named Insured Countersigned By (Authorized Representative) IT IS HEREBY UNDERSTOOD AND AGREED THAT THE FOLLOWING AMENDMENT TO THE DEFINITION OF "INSUREDS"SHALL INCLUDE THE ENTITY DESIGNATED BELOW BUT ONLY TO THE EXTENT IT FALLS WITHIN THE AMENDEO DEFINITION_ ADDITIONAL.INSURED NAME: CITY OF HUNTINGTON BEACH ET AL RE: EMERALD COVE CAPITOL REPAIR PROJECT 2007, 18191 PARK TREE LANE, HUN'TINGTON BEACH CA 92648CH CA 92648 2000 MAIN STREET HUN'TINGTON BEACH, CA USA 92648-0000 THE DEFINITION OF"INSUREDS"IS AMENDED TO INCLUDE: 'ANY PERSON OR ORGANIZATION WHO IS LEGALLY RESPONSIBLE FOR THE"USE"OF THE INSURED AUTOMOBILE BY THE NAMED INSURED, ITS EMPLOYEES, OR ANY PERSON USING THE INSURED AUTOMOBILE WITH THE NAMED INSURED'S PERMISSION." THE TERM"USE"WHEN APPLIED TO A MOTOR VEHICLE SHALL ONLY MEAN OPPERATING, MAINTAINING, LOADING OR UNLOADING A MOTOR VEHICLE. Contains Copyrig Wed Material of the Insurance Services Office.Inc. GA Al 8 98 Roder C.Py POIy Number 631 0ON209 02 ENDORSEMENT LINCOLN GENERAL INSURMCE COMPANY Named Insured AAA RESTORATION INC Effective Date: 01-22-07 12:01 A.M., Standard Time Agent Name POWERS & EFFLER INSURANCE BROKERS INCAgent No. 027030 FULL ADDITIONAL 10URED NAME - A AI 8/9 CITY OF HUNTINGTON BEACH, ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS. RMLOYMES, AUTHORIZED AGENTS WHILE ACTING WITHIN THE SCOPE OF THEIR DUTIES. MAN-Al)(@i/02) P-du Copy Y i Policy Number: MGLO147241 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL. INSURE --- OWNERS, LESSEES OR CONTRACTORS (FORM ) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART (If no.entry appears below, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Sched- ule, but only with respect to liability arising out of"your work"for that insured by or for you. To the extent required under contract, this policy will apply as primary insurance to additional insureds scheduled below and oiher insurance which may be available to such additional insureds will be non-contributory. Section Ind.,Condition 4., of this policy is amended accordingly. SCHEDULE Larne of Person or Organization: -Me City cf Huntington Beach, its Agents, Officers and Employees 2000 Main Street Huntinc0n Beach, CA 92648 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. uGt_ 216 (04/98) Insured Page i of Policy Number: MGLO147241 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGE. ENDORSEMENT Endorsement Effective Date: 3/28/2007 (12:01 a.m.) ❑ ADDITIONAL PREMIUM $ Endorsement Number: 1 ❑ RETURN PREMIUM $ Insured Flame: ® NO PREMIUM CHANGE AAA Restoration, Inc. ❑ $ ❑ $ TOTAL $ IT IS UNDERSTOOD AND AGREED THAT 1. PREMIUM ❑ 7. COVERAGE/LIMITS ❑ 13.COVERAGE IS CANCELLED ❑ 2. ADVANCE PREMIUM ❑ 8. INCEPTION DATE ❑ SHORT RATE 3. NIMIMUM PREMIUM ❑ 9. EXPIRATION DATE ❑ PRORATE ID 4. RATE ❑ 10. TERMS ❑ MINIMUM PREMIUM APPLIES 5. INSTALLMENT ❑ 11. NAME OF INSURED ❑ 14. ADDITIONAL INSURED BUT ONLY AS RESPECTS 6. AUDIT ❑ 12.ADDRESS OF INSURED THE OPERATIONS OF NAMEDINSURED IS CHARGED FOR ❑ IS AMENDED TO READ AS THE PERIOD: FOLLOWS: It is agreed that Endorsement CGL 216(04198), Additional Insured Owners, Lessees or Contractors is added to this policy as attached. ALL OTHER TERMS ARID CONDITIONS OF THIS POLICY REMAIN UNCHANGED. DATE OF ISSUE: ma 3/28/2007 RIL 2100 ({14,98} Page of .I Insured ff i 83/29/2007 '°01:39 9514715128 AAA RESTORATION INC PAGE 02/02 POL[CYHOLDrnFZ COPY SK STATE P.O. BOX 420807, SAN r-RANCISCO,CA 94142 0807 COPAPSMSATION CE FUND CERTIFICATE OF WORKERS' COMPENSATION iMSURAfUG6 ISSUE DATE: 03-27-2007 GROUP-. 000046 POLICY NUMBER: 0014266-2007 CERTIFICATE ID: 302 CERTIFICATE EXPIRES! 04-01-2008 04-01-2007/04-01--2008 CITY OF HUNTZMTON BEACH SK RISK MANAGMENT DIVISION 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 This is to certify that we have Issued a valid Workers' Compensation Insurance policy In a form approved by the Californla Insurance Commissioner to the employer named below for the policy period indicated. This policy Is not subject to cancellation by the Fund except upona0 days advance written notice to the employer. We will also give you 30days advance notice should this policy be cancelled prior to Its normal explratlon This certificate of insurance Is not an insurance policy and does not amend. extend or after the coverage afforded by the policy listed herein. Notwithstanding any requirement. term or condition of Any contract or other document with respect to which this certificate of lnsurance may be issued or to which it may pertain, the Insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. ORIZED REPFIESENTAT14EJ PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDIN4 DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1800 - KIRK MUNIO PRIES - EXCLUDED. ENDORSEMENT ff2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04-01-2007 IS � ATTACHEO TO AND FORMS A PART OF THIS POLICY. EMPLOYER AAA RESTORATION INC SK 29850 2ND ST LAKE ELSINORE CA 92632 [ViL.CS] fasv.2-os1 PRINTED : 03-27-2007 • k 1 DQ ZPOWERS & COMPANY Insurance Agents and Brokers 3r29/200 e c' ense N..OB=64 AAA Restoration, Inc Kirk Munio 29850 2nd Street Lake Elsinore, CA 92532 Re: General Liability MGLO147241 05/30/06 05/30/07 Dear Terri: Enclosed please find your copy of the additional insured endorsement that you recently requested. Since we were unable to issue it from our office, we had to wait for the company to issue it. Additional Insured: City of Huntington Beach Please attach it to the Certificate of Insurance previously sent to you for this job and keep it for your records. Let us know if you have any questions. �zr�Ceri:ly, Kim Wenceslao Tarn Wenceslao Customer Service Agent ri n Y5 AIQnAl a Rn,,,i11P (-%1ifnrnio GgAA1_OnA2 .101AN Aln Ql,A'1 d(4tl(11 S7Q 224n.V-- In1 Lx L')n o<c ACORD CERTIFICATE ®F LIABILITY INSURANCE OP ID E DATE(MMIDDIYYYY) AAACO-2 d 01 22 07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO Powers and Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Agents and Brokers HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Box 619043 Lic #OB02564 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Roseville CA 95661-9043 Phone: 916-630-8643 Fax:800-783-0083 INSURERS AFFORDING COVERAGE NAIC# INSURED /`�„'4.� Gl/G (J -J— �: ,_' INSURER A: Mt. Hawley Insurance Ic `w INSURER B: Lincoln General Insurance Co. AAA Restoration Inc INSURERC: 29850 2nd Street INSURER0: Lake Elsinore CA 92532 S 0 INSURER E: COVERAGES 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES-AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. % POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR NSR TYPE OF INSURANCE DATE(MM/DDJYY DATE MM/DDIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY MGLO147241 05/30/06 05/30/07 PREMISES(Eaoccurence) $ 50,000 CLAIMS MADE OCCUR MED EXP(Any one person) s5,000 X Owner/Cont Prot. PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,00 0,0 00 POLICY X JECaT_ LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 B X ANY AUTO 631000020902 05/24/06 05/24/07 (Ea accident) ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT I$ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ P $ DEDUCTIBLE i$ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMBS ER EMPLOYERS'LIABILITY $ ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? El.DISEASE-EA EMPLOYE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES i EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS *10 day NOC applies for non-payment of premium. Certificate holder, its officers, elected or appointed officials, employees, agents and volunteers is included as Additional Insured under Commercial General Liability policy per endorsement CGL 216 (04/98) , subject to a written contract between Named Insured and Additional Insured. Sample endorsement (see attached notepad) CERTIFICATE HOLDER CANCELLATION CITYOFH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN City of Huntington Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Risk Management Division IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 2000 Main Street Huntington Beach CA 92648 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE�7 ACORD 25 (2001/08) ©ACORD CORPORATION 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) :...:.............. ................................,:. .:...�....[.Y.1.,:...i..::.i:�..........-.'i.i.........''�.1.....�............... ...:r. .....A..A....:.-i.i.:.:..-:::>::::.::::..:::'::i:i::::':::::-:::::'i:::•:i:.i::::::::::i::.i:::=.:ii.:.�:i : . .. . . attached. **Subject approval. Certificateholder its ..:.�: i.:i.=...::::�Ll::.i.j.•E�.......... ..........�li�T.�.:�J� .'�.'�:... ::... officers,�� elected or appointed officials, employees, authorized agents while acting within the scope of their duties is also included as Additional Insured under Commercial Auto Liability policy per endorsement GA Al 8 98, subject to a written contract between Named Insured and Additional Insured. **Endorsement to follow from company, subject to approval. Re: Emerald Cove Capitol .Repair Project 2007, 18191 Park Tree Lane, Huntington Beach, CA 92648 ***This certificate replaces and supersedes the one issued 01/19/07* Policy,Number: MGLO147241 Mt.Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM C) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART (If no entry appears below, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) WHO IS AN INSURED (Section 11)is amended to include as an insured the person or organization shown in the Sched- ule,but only with respect to liability arising out of"your work"for that insured by or for you. To the extent required under contract, this policy will apply as primary insurance to additional insureds scheduled below and other insurance which may be available to such additional insureds will be non-contributory. Section IV.,Condition 4.,of this policy is amended accordingly. SCHEDULE Name of Person or Organization: All persons or organizations where required by written contract. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. CGL 216(04198) Page 1 of 1 Producer Policy Number: MGLO147241 Mt.Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL_LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Ali persons or organizations where required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To Us Condition (SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS)is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the "products-completed operations hazard-" This waiver applies only to the person or organization shown in the Schedule above. AfA P LG CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 Producer POLICYHOLDER COPY SK STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS` COMPENSATION INSURANCE ISSUE DATE: 01-22-2007 GROUP: 000046 POLICY NUMBER: 0014266-2006 CERTIFICATE ID: 296 CERTIFICATE EXPIRES: 04-01-2007 04-01-2006/04-01-2007 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 295 DATED 01-19-2007 CITY OF HUNTINGTON BEACH SK RISK MANAGEMENT DIVISION 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. V THORIZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - KIRK MUNIO PRIES - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04-01-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER AAA RESTORATION INC SK 29850 2ND ST LAKE ELSINORE CA 92532 [B19,NFI iREV.2-05) PRINTED 01-22-2007 Company Profilet t �. Page 1 of 2 Company Profile SURETY COMPANY OF THE PACIFIC P® BOX 10289 VAN NUYS, CA 91410-0289 800-537-1819 Agent for Service of Process KATHY K. GOODWIN, 6345 BALBOA BLVD SUITE II-325 ENCINO, CA 91316 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 12793 NAIC Group#: 0000 California Company ID #: 1960-4 Date authorized in California: February 14, 1969 License Status: UNLIMITED-NORMAL Company Type: Property& Casualty State of Domicile: CALIFORNIA Dines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? httn://interactive_weh.inqurnne.e en Qov/wehnser/itlh co nrof nt} suet co nrof?n F.1t)=1R7? 4/?1/?007 SURETY COMPANY of the PACIFIC 6345 BALBOA BOULEVARD,BUILDING 2,SUITE 325,ENCINO,CALIFORNIA 91316-1517 REPLY TO:POST OFFICE BOX 10289,VAN NUYS,CALIFORNIA 91410-0289 PHONE:(818)609-9232 To: PUBLIC ENTITY (GOVERNMENT AGENCY, MUNICIPALITY, SCHOOL DISTRICT, ®TITER) Surety Company of the Pacific (SCP) has been an admitted surety in the State of California since February, 1969. The Certificate of Authority issued by the California Department of Insurance (CDI) granting SCP authority to transact surety business within the state is in full force and effect. This Authority has never been surrendered, revoked, cancelled, annulled or suspended and we are proud of our uninterrupted service to California's contractors. You can easily verify the current status of our Certificate of Authority by contacting the California Department of Insurance at (213) 897-8921 or by visiting the CDI Web site at www.insurance.ca.gov. If you are visiting the Web site go to the section with the heading "Insurers," look for the "Regulatory Activity" column heading, select "Insurance Company Profiles" option and then enter our company name: Surety Company of the Pacific. CSUR7-7/03 N? 5995 STATE of CALIFORNIA DEPARTMENT OF INSURANCE SAN F ANCISCO Amen e Certificate of Authority Tars Is To C'EBTwy, That, pursuant to the Insurance Code of the State of California, Surety Company of the Pacific of Encino, California , organized under the laws of California , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Surety as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. Tres CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in " s { s CERTIFICATION OF CERTIFICA'TE OF AUTHORITY 1. I,Kathleen Kelley Goodwin,am the Vice President and Corporate Secretary of Surety Company of the Pacific. 2. Attached is a true and correct copy of the Certificate of Authority of Surety Company of the Pacific which has not been surrendered,revoked,cancelled,annulled,or suspended and which is in full force as of the date of this certificate. I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct. Executed MAR 0 8 Zoo? Encino,California. --L Kathleen e ey Gooin � Vice President and Corporate Secretary (SEAL) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of LOS ANGELES On U, AR G 8 2001` before me, LETICIA ROMANO,NOTARY PUBLIC, (Date) personally appeared KATHLEEN KELLEY GOODWIN Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she execute the same in authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted,executed the instrument. WITNESS my hand and official seal. LETICIA ROMANO _ Commission# 1521463 .,�:. Notary Public -CaAfomla i' Los Angeles County (Signature of Notary Public) My Comm.Expires Oct 23,21 CSUR64-8/05 RCA ROUTINGET INITIATING DEPARTMENT: Economic Development Department SUBJECT: Approve Amendment to Extend Contract with AAA Restoration-Emerald Cove Capital Repair Project 2007 COUNCIL MEETING DATE: February 4, 2008 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached Not Applicable Bonds (if applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANAT00N FOR Ali 0SSNG ATTACHMENTS REVIEWED RETURNED FORW, RDED Administrative Staff ) Deputy City Administrator (Initial) ( ) ) City Administrator (Initial) ( ) ( L ) City Clerk EXPLANATION FOR RETURN OF ITEM: ® .. RCA Author: Terri King City ®f Huntington Beach O ee ;x 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC .17zods ' JOAN L. FLYNN ® CITY CLERK February 6, 2008 AAA Restoration, Inc. Attn. Kirk Munio, President 29850—2°d St. Lake Elsinore, CA 02532 Dear Mr. Munio: Enclosed is a duly executed copy of Amendment 91 to the Agreement between the City of Huntington Beach and AAA Restoration, Inc. for the Emerald Cove Capital Repair Project 2007. Sincerely, Joan L. Flynn City Clerk, CMC Enclosure: Agreement G:fo llowup:agrmtltr Sister Cities: Anjo, Japan e Waitakere, New Zealand (Telephone: 714-536-5227) Y RECEIVED BY CITY CLERK RECEIPT COPY t� Return DUPLICATE to i {Lt I tt��'6 City Clerk's Office (Name) 1 after signing/dating 5r5 v�1 (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO Sha reidenrich, City Treasurer FROM �7� DATE . �/7— SUBJECT Bond Acceptance 1 I have received the bonds for / 072AA (Company Name) Faithful Performance Bond No Labor and Material Bond No Monument Bond No Maintenance Bond No 40ML-21i /0 b P/ Z Re. Tract No CC No MSC No Approved'" Agenda Item No ( o;lncd Approval Date) City Clerk Vault No. it #27 g/followup/bondletter doc CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND AAA RESTORATION INC. FOR THE EMERALD COVE CAPITAL REPAIR PROJECT 2007 TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK;PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 IL LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13, VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS,SUBSTITUTION OF SECURITIES 1 I - 16. AFFIDAVITS OF SATISFACTION OF CLAIMS l 1 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION,DEFENSE,HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE;ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT&TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS,ESTIMATES AND OTHER 16 26. NON-ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39. MODIFICATION 20 40. ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND AAA RESTORATION, INC. FOR THE EMERALD COVE CAPITAL REPAIR PROJECT 2007 THIS AGREEMENT ("Agreement") made and entered into this day of /L 20 Q by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and AAA RESTORATION INC. , a California Corporation , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the Emerald Cove Capital Repair Project 2007 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:- I. 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 agree/forms/city const/4-03 I the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be 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; agree/forms/city const/4-03 2 I C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree/forms/city const/4-03 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW,save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed five hundred ninety thousand six hundred seventy seven dollars ($590, 77 .00), X �Dollars ($ xMXV OXX1� ), 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 180 completion within one humdred igh consecutive calendar 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 agree/forms/city const/4-03 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance 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. agree/forms/city const/4-03 5 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. i 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 agree/fonns/city const/4-03 6 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of 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 Dollars ($ 500.00 ) per day for each and every working 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 agree/fonns/city consU4-03 7 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 4. causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather,or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15)days of the commencement of such delay. 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 agree/forms/city const/4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of.- (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/forms/city const/4-03 9 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, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (1000/0) of agree/forms/city const/4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/fors/city const/4-03 ]] 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE,HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses,judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/forms/city const/4-03 12 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 products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city const/4-03 13 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a"deductible"or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30)days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner,the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city const/4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202,CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10)days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10)days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/lorms/ciry const/4-03 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 % %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 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. agree/forms/city const/4-03 16 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 e payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to - CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a seated envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach AAA Restoration, Inc. ATTN: Director of Economic Development Attn: Kirk Munio, President 2000 Main Street Huntington Beach, CA 92648 29850 — 2nd St. Take Elsinore, CA 92532 agree/forms/city const/4-03 17 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 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 agree/forms/city const/4-03 18 i i 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. 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, agree/forms/city const/4-03 19 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. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a k&-5municipal 49r�'0r\--) �� corporation of the State of California 1 1��AJQ&A) y°r - By: 44 e IL e MUN I e ATT ST: print name ITS: (circle one)Chairm resident/ ice President City Clerk.Z/7`/o1 AND By= Wb'J, APPROVED ASJO FORM: ri ITS: (circle on pSecretary/ hief Financial Officer/Asst. ity At orney 5-3'�7 Secretary Trea INITIATED AND APPROVED: REVIEWE9 AND APPROVED: irecto of'' Economic Development A - City AdXjnistrator agree/forms/city const/4-03 21 r c f L3 7 'fit SECTION C PROPOSAL ' for the EMERALD COVE CAPITAL REPAIR PROJECT 2007 1 in the CITY OF HUNTINGTON BEACH ' TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: ' In compliance with the Notice Inviting Sealed Bids,the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in ' the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule,starting from the date of the Notice to Proceed. ' BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees'to enter into a contract with AGENCY at the unit and/or ' lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work,that the estimated quantities set forth in the Bid Schedule are solely for the purpose. of comparing bids and that final compensation under the contract will be.based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE' ' CONTRACT. It is agreed,that the unit and/or lump sum prices bid include all- appurtenant expenses,taxes,royalties,fees,etc.,and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and ' will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. ' C-1 ' If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the-necessary bonds and insurance certificates within 10 ' working days.after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. ' proposal r Accompanyingthis osal of bid, find in t $he amount of which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed,Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: 1 Addenda:NoDate Received Bidder's Signature ' ,Fax ' fax -�.q-o ` FaY 7 1- v 02 1 BIDDER'S STATEMENT FORM EMERALD COVE APARTMENTS EXHIBIT REVISED 1-29-07 l.J By signing below, I certify that I have read, understand and agree to the terms and conditions of this invitation to bid. I have thoroughly examined the plans and specifications, and I propose to complete the work for: — ,; Item# Bid Item Unit Quantity Unit Prioe Amount Comments site 1 R&R site light pole fixtures 1 10 $ 51)0.oo $ 5000.00 2 R&R wood fence panels & post-lower patio 10 tf 10 $ Ra2.2o $ q q 22.00 3 R&R wood fence post&footing-lower patio 1 15 $ 1"15,co $ -Z&Z 5,o0 4 R&R concrete mow strip 10 tf1 40 If $ 250,00 $ 1000.00 5 R&R concrete curb 10 If 10 $ 500•00 $ 5000'em p 6 R&R cracked concrete private lower patios 3 82 sf $ &5&J $ 1 4lo 9,00 Exterions o 7 Repair cracked, stained ands ailed stucco 5 sf 15 $ 50•60 $ '760,o o 7a Rep lace stucco ono en bal co ny lids 3 50 sf 400,00 126000 8 R&R damaged exterior siding 10 If 9 $ ?D'co $ 1 Zo.oc T 9 Repair s allin stucco at foundation 5 If 9 $ 1z500 $ 1 I Z5,oo 3- 10 R&R utility closet doors in common area 1 pair steel 9 $ 919,60 $ -1 31 1.0 0 ti 10A R&R utility closet doors in common area 1 pairwood 9 514.00 46z(o.0o Optional 11 R&R storage closet doors on balconies 1 82 $ 5%.00 $ 31 &52,0o Lk)606L w Ve, +5 12-0 t. 1 R&R entire baloony fence$post unit-Trek 1 82 3(00,00 Z54,Zoo.eo Bid item for Sum Total 12-0 t. 2 R&R entire balcon y fence&post unit-Wood 1 82 $ z 393.c0 $ 1 R(., 22&.00 Optional 12-0 t. 3 R&R entire balcony fence&post unit-Wood 1 82 2 3$Z'b I R5, 474.oo Optional 13 R&R sta i rway waterp roof in membrane 1 46 $ tq I Z,00 $ $7 jq52.ea 14 R&R first step, inspect and replace 1 46 -75.eo 3 50.eo 15 R&R first 5 steps with flashing 1 51 225.0o 11 Z S,Oo 16 RA R balcony waterproofing membrane 1 82 $ 1(jBf.00 $ I 7)$4 2,o0 17 Install new flashing at stairway risers 1 10 $ N R $ 18 Install new gutters on entire complex-upper 25 If 2500 If $ 112,5o $ II-) 2-50.00 19 Install new gutters on entire com lex-lower 25 If 1200 If $ 112.50 $ Ob,cv Roof 20 General roof maintenance 70,000 sf $ 4006.ao $ 000,ob 21 Starter shingle re airs 50 If 3,500If $ 400,pp $ 2$Doo.00 0 22 Installation of Z-bar flashing 1 10.0o I b.cw Plumbing 23 Install natural gas seismic shut-off 1 9 $ 1035.00 $ el 315.00 24 Balcony fascia exhaust pipe modification 11 70 n1a r/a VOID Initial&Date poi 677 ti BIDDER'S STATEMENT FORM EMERALD COVE APARTMENTS EXHIBIT By signing below, I certify that I have read, understand and agree to the terms and conditions of , this invitation to bid. I have thoroughly examined the plans and specifications, and I propose to complete the work for: Item# Bid Item Unit Quantity Unit Price Amount Comments ' Site 1 R & R site light pole fixtures 1 10 $ $ 2 R & R wood fence panels & post-lower patio 10 If 10 $ $ 3 R & R wood fence post&footing-lower patio 1 15 $ $ 4 R & R concrete mow strip 10 Ifj 40 If $ $ 5 R & R concrete curb 10 Ifi 10 $ $ 6 R & R cracked concrete private lower patios 3 82 sf $ $ Exteriors 7 Repair cracked, stained ands alled stucco 5 sf 15 $ $ 7a Replace stucco ono en balcony lids 3 50 sf 8 R & R damaged exterior siding 10 If 9 $ $ 9 Repair spalling stucco at foundation 5 If 9 $ $ 10 R & R utility closet doors in common area 1 pair 9 $ $ 11 R & R storage closet doors on balconies 1 82 $ $ 12-0 t. 1 R & R entire balcony fence & post unit-Trek 1 82 12-0 t. 2 R & R entire balcony fence & post unit-Wood 1 82 $ $ 12-0 t. 3 R & R entire balcony fence& post unit-Wood 13 R & R stairway waterproofing membrane 1 46 $ $ 14 R & R first step, inspect and replace 1 46 15 R&R first 5 steps with flashing 1 5 16 R & R balcony waterproofing membrane 1 82 $ $ 17 Install new flashing at stairway risers 1 10 $ $ 18 Install new gutters on entire complex-upper 25 If 2500 If $ $ 19 Install new gutters on entire complex-lower 25 If 1200 If $ $ Roof 20 General roof maintenance 70,000 sf $ $ 21 Starter shingle repairs 50 If 3,500 If $ $ 22 Installation of Z-bar flashing 1 Plumbing 23 Install natural gas seismic shut-off 1 9 $ Is 24 Balcony fascia exhaust pipe modification 1 70 Initial & Date iK BIDDER'S STATEMENT FORM EMERALD COVE APARTMENTS EXHIBIT REVISED 9-29-07 u L (VOTE: OWNER RESERVES THE RIGHT TO DELETE OR ADJUST QUANTITIES DURING THE SCOPE OF REPAIRS. The bid amount above includes a sufficient sum to cover all items, either labor or material,.that are required or implied for a complete Project. This bid is good for 120 days from the bid closing date. iq aL4:L q5!- 471-Sg28 q 5) -7 12-l z3 COMPLETE LEGAL NrE OF COMP N PHONE T. o RA950 a hOC cS�-r I�a Vze( 51 Iore , (' 4I a532, BUST ESS ADDRESS ICI 1'iC m(fit l D — DATE PRINTED NAM F THORIZED AGENT ITLE x � 1 ti SIGNATURE OF AU ED AGENT FEDERAL IDENTIFICATION NUMBER CONTRACTORS LICENSE NUMBER AND CLASSIFICATION THIS FORM MUST BE COMPLETED AND INCLUDED IN THE BID. BIDS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NON-RESPONSIVE. z -r - BIDDER'S STATEMENT FORM EMERALD COVE APARTMENTS EXHIBIT i NOTE: OWNER RESERVES THE RIGHT TO ADJUST QUANTITIES DURING THE SCOPE OF REPAIRS. The bid amount above includes a sufficient sum to cover all items, either labor or material, that are required or implied for a complete project. This bid is good for 120 days from the bid closing date. COMPLETE LEGAL NAME OF COMPANY PHONE zg SSo �aC, S�r��f , LQ� (l5/noy'� , �ikl 9,Z 53 Z- BUSINESS ADDRESS (, K►r mu,n I o - �Ve�SI l DATE 13 I 07 PRINTED NAME OF AUTHORIZED AGENT (TITLE SIGNATURE OF AUTHORIZED AGENT 56-241220919 FEDERAL IDENTIFICATION NUMBER 8 Z340039 t -8 c- CONTRACTORS LICENSE NUMBER AND CLASSIFICATION THIS FORM MUST BE COMPLETED AND INCLUDED IN THE BID. BIDS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NON-RESPONSIVE. PROJECT BID SCHEDULE EMERALD COVE CAPITAL REPAIR PROJECT 2007 18191 Park Tree Lane Huntington Beach, CA. 92648 ' TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ 566Pid" N'AMO ' TOTAL AMOUNT LUMP SUM BID IN WORDS: 1 C-3 -1 1 LIST OF SUBCONTRACTORS 1 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 1 said contract in an amount in excess of one-half of one percent of the total bid and the portion of (by percentage of the total bid) the work to be done by such subcontractor. Portion :'Name of Subcontractor. and Address State License Class 1 of Work Number 25'/a T1.rT EIQ,L;v'cam/ , �rn,5 kewbeh4ts8 13199 10 1 2.85'/b Vie,-for 5he,6 rf]&W 1 c5'/6 Rood n Po I' c , &* 2s5'7 1o351 q C 3q 1 1 1 i 1 1 1 By submission of this proposal, the Bidder certifies: 1 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 1 2.. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 1 ' LIST OF VENDORS All bidders are required to furnish the following information relative to the vendors that he/she ' proposes to use. TYPe :of Material ov-Product: ' Ndme`o .Vendor A Address' of OfeeandTeephone Nu I':::'d Modl( 'Num, rnzbe an ► T��-62 7� Lu �b , -� c V lG % a o9 hoAg 7 (s) 2 0 1 ' C-5 ' NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California County of Orange being first duly sworn,deposes and says that he or she is of 54,Ma;�*&nthe 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 14 o4 k2sAim a4i&n ,•nc'. ' Name of Bidder ignature of Bid ;2Pl S S-Z nt-t a. LkYt`(,i5t UL�LQ ' Address of Bidder q Z 53 Z NW ' Subscribed and sworn-to before me this J&i day of ►� 20 NOTARY PUBLIC NOTARY SEAL - �s2y./�g w-.sr'�—:�.ss.,�'a.,�. •-^:._.�+��w tea. NEIC:I yJHITTEN ,� HEIDI WRITTEN r y 5s :c• Commission# 1486340 Commission# 1486340 F , Notary Public-California ;.;. _t i^ :>�o Notary Public-California y r r 6ts . Riverside County C_( Riverside County `; y/ My Comm.Expires Apr 27,2008 MY Comm.Expires Apr 27.2008 ' 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 EMERALD COVE CAPITAL REPAIR PROJECT 2007,(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 it 1 By Tr,5i din k ' Title ' Date: 1 1 C-7 1 ' DISQUALIFICATION QUESTIONNAIRE 1 In accordance with Government Code Section 14310.5,the Bidder shall complete,under penalty of perjury, the following questionnaire. ' QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who.has.a proprietary interest in the Bidder ever been disqualified,removed or otherwise prevented from bidding on or ' completing a Federal, State or local government project because of a violation of law or a safety regulation? ' ❑ Yes XNO If the answer.is yes, explain the circumstances in the space provided. 1 1 NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the ' Proposal shall constitute signature of this questionnaire. r C-8 1 1 UTILITY AGREEMENT 1 HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA 1 Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract,known as EMERALD COVE CAPITAL REPAIR PROJECT 2007,(I)(we)(it)will 1 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, 1 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 1 with all applicable electrical utility company's requirements,Public Utility Commission orders, and State of California Cal-OSHA requirements. 1 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 1 subcontractor or subcontractors with the requirements contained herein. 1 6 (1+11cam, Contractor MW(O 1 By 1 Title ' Date: 1 C-7 1 ' UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) ' No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued ' before a Permit to Excavate will be valid. To.obtain a Dig Alert Identification Number,call Underground Service Alert at 1-800-422-4133 a ' minimum of two working days before scheduled excavation. Dig Alert Identification Number: 1 Contractor v By ' Title Date: L,5[07 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. 1 ' C-10 ' BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: ' Bidder Name am 85v ' Business Address V532- cam) q71 -5?21� ' Telephone Number ' State Contractor's License No. and Class ' Original Date Issued 3 I31 �b S ' Expiration Date ' The work site was inspected by "I l0 of our office on `In- ) , 20I_• The following are persons, firms, and corporations having a principal interest in this proposal: G-1.1 ' The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability,financially or otherwise,to perform the contract for the proposed work and improvements ' in accordance with the plans and specifications set forth. PrA QC Company Name, 9 ature of Bidder ' Printed or Typed Signature c;AS5Z ��s�.,1�K�. �is�� i c q�?,532 Address.of Bidder ( q51 ) L4`11-582$ ' Telephone Number 1 Subscribed and sworn to before me this 6 day of�� 20 b� . NOTARY PUBLI "b�(h � I(� i I1 (A ' NOTARY SEAL is_samosa-".HE I`JJHITTEN ' 5 on# 1486340 Comma-si z " ={.�tY:,';'i Notary Public California r..•,.L� Riversicie county p r27,2008. tJi Comm.Fx fires Ap 1 C-12 Listed below are the names, address and telephone numbers of three references for which the bidder has performed similar work within the past two years: T. k,n I I rlrTggU�l�z�I4t Name and Address Ri6't i 64 gz41,-3 Name and Telephone No. of Project Manager: ,)OW &Xk-(g 5I 5-(1007 7 0 - - W i�0, 0 D Contract Amount Type of Work naV5 Date Completed ' Name and Address 4 UQ Name and Telephone No. of Project Manager: �� - ' �y/ ' Contract Amount Type of ork �� Date Completed 3. (�ex)+Vai [a�0�• 6c�QJ1V►th. �� --D,SQ vi-la- Name and Address Cp-C�2`loS Name and Telephone No. of Project Manager:qlo 11U.k('a) (P14-gq(oq l ' Contract Amount Type of Work S Date Completed 1 C-13 FP1. 14. 2007 4: 15PM GAFCON FAX 213-593-9084 '714 AC-- 8537 F.__1 ,e1 City of Huntington Beach Economic Development Departm nt 2000 Main Street Fax(714)375-5087 ADDENDUM NUMBER O For is Emerald Cove Capital Repair Praiect 2007 February 14,2007 Notkce to All Bidders: Please note the following clarification to the Project Puns,Specifications,and Technical Provisions: The time and place of publicly opening bids will be meld in Room�n the Lower Level of City Hall, 2000 Wit Street in Huntington Beach at 1:30 P.M.on Thursday,February tb,2007, This is to aclwowledue receipt and review of Addendum Number One,dated Feb ary 14.2007 C pany Name ��—A 1/ 0 Date All bidders must acknowledge the receipt of this Addend4m with your bid proposal. Should you have any questions regarding this Addendum,please tail Terri King at(lid)860-8831. TOTAL P.01 , M IM, - BebmldmgSoul w(alifta4h(anhdeace Llc*834839 29850 2"d Street Lake Elsinore, Ca 92532 (951)471-5828 / Fax (951) 471-5128 February i1, 2007 RE: Emerald Cove Capital Repair Project 2007 Dear City of Huntington Beach, I would like to thank you for the opportunity to bid this project. If we were to get this project I can assure you we would achieve your expectations. In your bid documents page called "Bidders Statement Form" there is no place to enter the cost for the bonds or do we know the total of contract due to the options you need to decide on. So when you decide on the options and come up with the total contract price please add to our bid a 2 3/4 % cost for our bonds you requested for this project. Also there is a page to put the total job cost on. Once again we do not know due to option choices. Thank you again for this opportunity to work with your City. Sincerely, r- Munio President State Of California [� CONTRACTORS STATE LICENSE BOARD ' ACTIVE LICENSE ' 834839 EM,, CORP a.,...nm A A A RESTORATION INC B C-8 C33 03/31/2008 I�u l n �- SURETY COMPANY of the PACIFIC SCP A Leading California Surety Since 1969•Treasury Listed 6345 Balboa Blvd, Building 2, Suite 325, Encino, California 91316-1517 Phone: (800) 552-3936 Fax(818)609 9250 E-MAIL: contractsuretyasuretycopac.com WEB SITE: www.SuretVCompany.com BID BOND Bond#: M788674 Premium: $100.00 KNOW ALL PERSONS BY THESE PRESENTS: That we, A A A RESTORATION INC -29850 2ND ST, LAKE ELSINORE, CA 92532 as Principal, and SURETY COMPANY of the PACIFIC (SCP), a corporation organized and existing under the laws of the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH — 2000 MAIN STREET, HUTINGTON BEACH, CA 92648, as Obligee, in the full and just sum of TEN PERCENT OF THEIR GREATEST AMOUNT BID DOLLARS (10% OF THEIR G.A.B.), for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors or successors, jointly and severally, firmly by these presents. WHEREAS, the said Principal has submitted the accompanying bid for EMERALD COVER CAPITAL REPAIR PROJECT 2007. NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time as maylbe specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful performance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. Provided, however, that if said contract is not awarded within 60 days of the date of bid opening, this bond shall be void and of no force and effect. Signed and Sealed t is 30 day of January, 2007. By '/_5 George Alfrq6 Pdbte, Attorney-in-Fact Restorati c, cipal ID7 LICENSE.#OD42655 irk E. mw � SURETY COMPANY of the PACIFIC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles JAN 3 0 ?007 On before me, LETICIA ROMANO, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER personally appeared GEORGE ALFRED PEATE NAME(S)OF SIGNER(S) ® personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the LETICIA ROMANO entity upon behalf of which the person(s) acted, Commission# 1521463 -® Notary Public - California _ executed the instrument. Los Angeles County My Comm.E45ires Oct 23,2008 WIT SS my hand and official seal. SIGNATUR F NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED ❑ INDIVIDUAL DOCUMENT ❑ CORPORATE OFFICER BOl!N M788674 TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED El GENERAL X ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR JAN 3 0 2007 ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SURETY COMPANY SIGNER(S)OTHER THAN NAMED ABOVE OF THE PACIFIC SURETY COMPANY of the PACIFIC 6345 BALBOA BOULEVARD, BUILDING 2,SUITE 325, ENCINO, CALIFORNIA 91316-1517 �s(P REPLY TO: POST OFFICE BOX 10289,VAN NUYS, CALIFORNIA 91410-0289 PHONE: (818)609-9232 POWER OF ATTORNEY NOTICE: 1. This Power of Attorney is void if altered or if any portion is erased. 2. This Power of Attorney is void unless the seal is readable. KNOW ALL PERSONS BY THESE PRESENTS: That, SURETY COMPANY OF THE PACIFIC, by Paul R. Geissler its President, in pursuance of authority granted by Resolution of its Board of Directors at a meeting called and held on the 23rd day of January, 1969, which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy: "RESOLVED: That the President or any Vice-President may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or any Vice-President, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." does hereby nominate, constitute and appoint GEORGE ALFRED PEATE, of ENCINO, California, its tnte and lawful Attorney-in- Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS. IN WITNESS WHEREOF Paul R. Geissler, said President has hereunto subscribed his name and affixed the corporate seal of the said SURETY COMPANY OF THE PACIFIC, this 30th day of September, 2004. SURETY COMPANY OF THE PACIFIC By - Paul R. Geissler, President STATE OF CALIFORNIA j COUNTY OF LOS ANGELES )s' On this 30th day of September, 2004, before me, Yelena N. Antekelyan, Notary Public, personally appeared Paul R. Geissler, President, of Surety Company of the Pacific, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my Hand and official seal. (SEAL) YELENA N.ANIHIRIIAN #141t481 elena N. Antekelyan, Notary Publicr.L14;;Z,CornmIsslon Notary Public-CaMomiaLos Angeles County M1+Comm.ExpWn May 17, ACCEPTED AND ACC EED T : Signature Date CERTIFICATION I, the undersigned, Vice President and Corporate Secretary of SURETY COMPANY OF THE PACIFIC, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, hue and correct copy, is in full force and eftect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Vice President and Corporate Secretary, and affixed the Corporate Seal of the Corporation, JAN 3 0 2007 on Ai een Kelley Goodwin, Vice Presi ent and Corporate Secre ry CS1 JRi9-8/Os SURETY COMPANY of the PACIFIC 6345 BALBOA BOULEVARD,BUILDING 2,SUITE 325,ENCINO,CALIFORNIA 91316-1517 REPLY TO:POST OFFICE BOX 10289,VAN NUYS,CALIFORNIA 91410-0289 SCP PHONE:(818)609-9232 To: PUBLIC ENTITY (GOVERNMENT AGENCY, MUNICIPALITY, SCHOOL DISTRICT, OTHER) Surety Company of the Pacific (SCP) has been an admitted surety in the State of California since February, 1969. The Certificate of Authority issued by the California Department of Insurance (CDI) granting SCP authority to transact surety business within the state is in full force and effect. This Authority has never been surrendered, revoked, cancelled, annulled or suspended and we are proud of our uninterrupted service to California's contractors. You can easily verify the current status of our Certificate of Authority by contacting the California Department of Insurance at (213) 897-8921 or by visiting the CDI Web site at www.insurance.ca.gov. If you are visiting the Web site go to the section with the heading "Insurers," look for the "Regulatory Activity" column heading, select "Insurance Company Profiles" option and then enter our company name: Surety Company of the Pacific. CSUR7-7/03 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) to CITY OF HUNTINGTON BEACH .Zj�,"iff INTERDEPARTMENTAL COMMUNICATION TO: =Shreidlenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for7� Comp/pa/ny Name) Faithful Performance Bond No. _� ��6 jp/ Labor and Material Bond No. Monument Bond No. Maintenance Bond No. b Re: Tract No. CC No. MSC No. 01P/7)9 Approved � 04- Agenda Item No. ( o ncil Approval Date) City Clerk Vault No. ��. o - #27 g:/followup/bondletter.doc i EiIDCiTTID IN Two (2) ORIGINALS M106814 � _.. Bond No. t PRE IIUM:$13,290.00 PERFORMANCE BOND I KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach(hereinafter referred to as"City"l has,by written agreement dated 2C , entered into a contract with A A A RESTORATION, INC. ND STREET, LAID; ELSINORE, CA 92532 i (name and address of Contractor) (hereinafter referred to as"Principal"), for performance of the work described as follows: r EMERALD COVE CAPITAL REPAIR PROJECT 2007 S • I (Project Title) WHEREAS, said contract,and all documents referenced therein(hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing i the prompt, full and faithful performance of said Contract. i NOW THEREFORE, we, the undersigned, as Principal, and SURELY COMPANY OF TIC PACIFIC � 5 BAI80A BLVD., BIM. 2, SIE. 325, FNCINO,� CA 91316-1517 (name and address of Surety) I (a duly admitted surety insurer under the laws of the State of Califomia and hereinafter referred to as "Suretty�"�), as Surey�t �are held and firmly bound unto City In the ee-nal sum of �. FIVE I�UNDRED NINEiY THOUSAND SIX HUNDRED S)VEN1Y SEVEN DOLLARS , I 1 Dollars($ ., ),this amount being not less than one hundred percent of the price set i forth in the Contract,in lawful money of the United States,for the payment of which sum,well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants,obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered,amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees(hereinafter collectively referred to as"Obligees")from any and 1 all losses, liability and damages, claims,judgments, stop notices,fees and costs of every description, . whether imposed by law or in equity,which may be incurred by the Obligees by reason of the failure or i- default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees,for value received,that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the ° Surety tinder this Bond. Surety waives notice of any adjustment of contract time or contract price,and . 277591.1 PERFORMANCE BOND Page I of 2 Bond No. M106814 s I any other alteration,change, deletion, addition or other modification to the Contract,or the work to be I f performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations,changes,deletions,additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code§§2845 and 2849. f The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below,that the name of each corporate party being affixed hereto is such parry's proper legal name and that the individuals signing this instrument i have been duly authorized pursuant to the authority of its governing body. Surety,by execution of this bond,waives any defense which Surety has or may have by reason of any failure of the Principal to i execute or properly execute this bond. i Dated: MARCH 8, 2007 A A A RESTORATION, INC. F ATTEST 29850 2ND STREET t (Corporate Seal) (Principal Name) By. Na ' Title: �Y2Sl(i�ek�' i SURETY OOMPANY OF THE PACIFIC ATTEST 6345 BALBOA BLVD., BIW. 2 STE. 325 VlJlb-151/ (Corporate Seal) (Surety Name) By: Name:GEMGIE PFATE LICENS D42655� (Signature of Attorney-in-Fact for Surety) (Attach Attorney-in-Fact Certificate) ( 818) 609-92-32 (Area Code &Telephone Number of Surety) APPROVED AS TO FORM: { I CITY 0 UNTINGTON BEACH s c I aYe6nni2r Mc ath ty y :rI S166 Attorney Note: i I Note: This bond must be executed in duplicate and dated,afl signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. 7,77591.1 PERFORMANCE BOND j Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County ofA��,''E25ICje On l a 1 U1 before me, }—�. � ( 1 WCQ iL,)0\\CG Date ame and Title of Officer(e.g.,"Jane DIbel,Notary Public") personally appeared �\r q)LAOf C7 Name(s)of Signer(s) 21'personally known to me ❑ o e isfaetepyevideace.) to be the personX whose nameX&?(re subscribed to the HEIDI v�H.TTEN within instrument and acknowledged to me that Commission# 1486340 1� e/t�ey executed the same in Is r/t�leir authorized r. a = '�' Notary Public-California Z -9 ��.1, capacityO, and that b his/ lair signature,( on the z '\ f`'�' Riverside County s My Comm.comet.Expir 2008' instrument the persons), or the entity upon behalf of which the person ) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Slgnatur i0 �.1 V,t ( A UTANI Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached ocument �, Title or Type of Document: ` � in' r 1�(1G YlC'�.�C�d Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—ElLimited ElGeneral _ ElAttorney in Fact INYMA ❑Attorney in Fact ' El Trustee El Trustee Top of thumb here Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 0 2006 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 v609 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On GEAR 0 8 2007 before me, LETICIA ROMANO, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER personally appeared GEORGE ALFRED PEATE NAME(S)OF SIGNER(S) , ® personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the LETICIAROMANO Commission N 1521463 entity upon behalf of which the person(s) acted, Notary Public - California executed the instrument. ' Los Angeles County My Comm.Expires Oct23,2M8 WITNESS my hand and official seal. SIGNATURE OF NOT RY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED ❑ INDIVIDUAL DOCUMENT ❑ CORPORATE OFFICER BOND N0. M106814 TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL X ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: A DATE OF DO ENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SURETY COMPANY SIGNER(S) OTHER THAN NAMED ABOVE OF THE PACIFIC SURETY COMPANY of the PACIFIC. 6345 BALBOA BOULEVARD,BUILDING 2,SUITE 325,ENCINO,CALIFORNIA 91316-1517 REPLY TO: POST OFFICE BOX 10289,VAN NUYS,CALIFORNIA 91410-0289 SCP PHONE: (818)609-9232 POWER OF ATTORNEY NOTICE: 1. This Power of Attorney is void if altered or if any portion is erased. 2. This Power of Attorney is void unless the seal is readable. KNOW ALL PERSONS BY THESE PRESENTS: That, SURETY COMPANY OF THE PACIFIC, by Paul R. Geissler its President, in pursuance of authority granted by Resolution of its Board of Directors at a meeting called and held on the 23rd day of January, 1969, which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy: "RESOLVED: That the President or any Vice-President may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or any Vice-President, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." does hereby nominate, constitute and appoint GEORGE ALFRED PEATE, of ENCINO, California, its true and lawful A(torney-in- Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS. IN WITNESS WHEREOF Paul R. Geissler, said President has hereunto subscribed his name and affixed the corporate.seal of the said SURETY COMPANY OF THE PACIFIC, this 30th day of September, 2004. l SURETY COMPANY OF THE PACIFIC: , By Paul R. Geissler, President STATE OF CALIFORNIA ) COUNTY.OF LOS ANGELES )ss On this 30th day of September, 2004, before me, Yelena N. Antekelyan, Notary Public, personally appeared Paul R. Geissler, President, of Surety Company of the Pacific, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Commisslon*1416484 elena N. Antekelyan, Notary Public r1A;;Z Notary Pubpc•CaMoetw loa Angeles County My Comm.EspNo May 17, ACCEPTED AND AC2EED T Signature Date CERTIFICATION I, the undersigned, Vice President and Corporate Secretary of SURETY COMPANY OF THE PACIFIC, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in bill force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Vice President and Corporate Sect etar,,-and,_ affixed the CorporateSeal of the Corporation, Oil O:�Lli+�t�� ® 200` - Ka tleen Kelley Goodwin, Vice President and Corporate Secretary CSUR59-8/O> i i t EXECUM IN TWO (2) ORIGINALS Bond No.M106814 --------- CLUDED PAYMENT BOND (LABOR AND MATERIALS) i KNOW ALL PERSONS BY THESE PRESENTS that: i WHEREAS, the City of Huntington Beach (hereinafter referred to as"City")has awarded to A A A RF=MRATION, INN I 29850 2ND STRM, TAM EMDURE, CA 92532 (name and address of contractor) (hereinafter referred to as"Principal"), a contract("Contract')for the work described as follows: EMERALD COVE CAPITAL REPAIR PROJECT 2007 i (project title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE,we,the undersigned Principal, and : SURETY COMPANY OF THE PACIFIC 6345 BAI" BLVD., BLDG. 2, SM. 325, ENCINO, CA 91316-1517 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as"Surety"), as Surety, are held and firmly bound unto City in the penal sum of FIVE HUNDRED NINM THOUSAND SIX HUNDRED SEVENTY SFAF N uu I AR S dollars, ($ 590,677.00 ), this amount being not less than one hundred percent(100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the ! persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees l of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is i brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, 277589.1 PAYMENT BOND Page 1 of 2 Bond No M106814 i extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below,that the name of each corporate party being affixed hereto is such parry's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: MARCH 8 2007 A A A RESTORATION, INC. a ATTEST 29850 2ND STREET (Corporate Seal) LAKE ELSINORE, CA 92532 (Principal Name) i By: 1. Its: + F SURETY COMPANY OF THE PACIFIC ATTEST 6345 BALBOA Bm., BLDG.2. STE. 325 (Corporate Seal) ENCINO, CA 91316-1517 (Sure Name) f By: Name:GDDRGE 'OD42655 (Signature of Attorney-in-Fact for Surety) 8( 18)609-9232 3 (Attach Attorney-in-Fact Certificate) (Area Code&Telephone Number of Surety) S 3 APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH j By' I1It ennifer McGrath { '*—City Attorney Note: This bond must be executed in duplicate and dated, afl signatures must be notarized, and evidence of the authority { of any person signing as attorney-in-fact must be attached. i 277589.E PAYMENT BOND i Page 2 of 2 t t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of «LSl e.. On pia 1 aml before me, H&CA>, (cnl mkgu 0 6 k C. Date Name and Title of Officer(e.g.,"Jane�&tary Public") personally appeared 6�lr QY � I a Name(s)of Signer(s) , ersonally known to me 9-(ef-grove o me is-ef-satisfaGU)R.-evic-wce.� to.be the person whose namelPre subscribed to the HEiri vm iTEN instru ent and acknowledged to me that Commission# 1486340 slpe/tPey executed the same iq"r/tY,►ei"r authorized Notary public-Ct7liforniq capacity(ie �, and that by r/Peir signature on the Riverside County - instrument the person or or the entity upon behalf of MY Comm,ExpiresApr27,2eoa which the personp) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signaturebicu o h i< rh i-igu VI �c Signbtd—rr6YWtar9 Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: �V mttn-— Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ ❑ Partner—El Limited ❑ General ❑ Attorney in Fact ' ❑Attorney in Fact ' Top of thumb here Top of thumb here ❑ Trustee El Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2006 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 v609 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On MAR 0 8 .20 before me, LETICIA ROMANO, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER personally appeared GEORGE ALFRED PEATE NAME(S)OF SIGNER(S) ® personally known to me — OR — proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the R LETICIA ROMANO Commission# 1521463 entity upon behalf of which the person(s) acted, • Notary Public - California executed the instrument. ' Los Angeles County My Comm.Expires Oct 23,20()8 WITNESS my hand and official seal. SIGNATURE Oe N TARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED ❑ INDIVIDUAL DOCUMENT ❑ CORPORATE OFFICER BOND NO. N106814 TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL X ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NAR 0 8 20-M ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SURETY COMPANY SIGNER(S)OTHER THAN NAMED ABOVE OF THE PACIFIC . SIIRETY COMPANY of the PACIFIC 6345 BALBOA BOULEVARD,BUILDING 2, SUITE 325, ENCINO,CALIFORNIA 91316-1517 REPLY TO: POST OFFICE BOX 10289,VAN NUYS, CALIFORNIA 91410-0289 S C PHONE:(818)609-9232 POWER OF ATTORNEY NOTICE: 1. This Power of Attorney is void if altered or if any portion is erased. 2. This Power of Attorney is void unless the seal is readable. KNOW ALL PERSONS BY THESE PRESENTS: That, SURETY COMPANY OF THE PACIFIC, by Paul R. Geissler its President, in pursuance of authority granted by Resolution of its Board of Directors at a meeting called and held on the 23rd day of January, 1969, which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy: "RESOLVED: That the President or any Vice-President may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or any Vice-President, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." does hereby nominate, constitute and appoint GEORGE ALFRED PEATE, of ENCINO, California, its true and lawful Attorney-in- Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS. IN WITNESS WHEREOF Paul R. Geissler, said President has hereunto subscribed his name and affixed the corporate seal of the said SURETY COMPANY OF THE PACIFIC, this 30th day of September, 2004. SURETY COMPANY OF THE PACIFIC By — Paul R. Geissler, President = STATE OF CALIFORNIA ) COUNTY.OF LOS ANGELES )ss On this 30th day of September,2004,before me, Yelena N. Antekelyan, Notary Public, personally appeared Paul R. Geissler, President, of Surety Company of the Pacific,personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) / T;Z6" VELEFM N.ANM RIIIW ,Ge ti� �• " 'Commkdon#141$484 , elena N. Antekelyan, Notary Public Notary Public-CaMomia Los Angeles County My Comm.Expio May 17, ACCEPTED AND AC})ZEED T Signature () Lj Date CERTIFICATION I, the Undersigned, Vice President and Corporate Secretary of SURETY COMPANY OF THE PACIFIC, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in bill force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Vice President and Corporate S'ecr_etary;'.ai affixed the Corporate yySeal of the Corporation, u on AR 0 thleen 'elley Goodwin, Vice President and Cor ate Secretary CSUR59-8/05 ACOR0. CERTIFICAJE OF LIABILITY INSURANCE OP ID E DATE(MMIDD/YYYY) AAACO-2 01/22/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Powers and Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Agents and Brokers HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 619043 Lic #OB02564 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Roseville CA 95661-9043 Phone: 916-630-8643 Fax:800-783-0083 INSURERS AFFORDING COVERAGE NAIC# ` INSURED Z,% �� (2J.6 : - ,DA J INSURER A: Mt. Hawley Insurance /�1) w • •Y INSURER B: Lincoln General Insurance Co. AAA Restoration Inc INSURER C: 29850 2nd Street INSURER D: Lake Elsinore CA 92532 S O INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lNbK POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR TYPE OF INSURANCE POLICY NUMBER —DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY �— EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY MGLO147241 05/30/06 05/30/07 PREMISES(Eaoccurence) $ 50,000 CLAIMS MADE y OCCUR MED EXP(Any one person) $ 5,000 X Owner/Cunt Prot. PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 POLICY IX PELT LOC AUTOMOBILE LIABILITY B X ANY AUTO 631000020902 05/24/06 05/24/07 COMBINED SINGLE LIMIT $ 1 00Q (EaCO accident) , ,000 ALL OWNED AUTOS - .:.: .. ..... _ .• ..._. .... . ._ - BODILY IN - - B JURY,. X SCHEDULED AUTOS_...._ •.. : _. ., ..-.. X._ (Per-person)- .�X HIRED AUTOS. .-. _ ..> .� ;.. BODILY INJURY ...�.- -, - . ...., - -$ X NON-OWNED AUTOS'. - - (Per accident) PROPERTY DAMAGE $ (Per accident). GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ _ OTHER THAN AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *10 day NOC applies for non-payment of premium. Certificate holder, its officers, elected or appointed officials, employees, agents and volunteers is included as Additional Insured under Commercial General Liability policy per endorsement CGL 216 (04/98) , subject to a written contract between Named Insured and Additional Insured. Sample endorsement (see attached notepad) CERTIFICATE HOLDER CANCELLATION CITYOFH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN, City of Huntington Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Risk Management D1V1510n 2000 Main Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Huntington Beach CA 92648 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE�> ACORD 25(2001/08) '�)/ ©ACORD CORPORATION 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) F#OLL1EFi CEDE CI`TXE)E'H A�kAG2A� 3 NC�Y�PAQ in�su�En�s r,r AAA Re to ata oz�, ink c P�n EB A E 1I22l 7 . attached. **Subject to company approval. Certificate holder, its officers, elected or appointed officials, employees, authorized agents while acting within the scope of their duties is also included as Additional Insured under Commercial Auto Liability policy per endorsement GA Al 8 98, subject to a written contract between Named Insured and Additional Insured. **Endorsement to follow from company, subject to approval. Re: Emerald Cove Capitol Repair Project 2007, 18191 Park Tree Lane, Huntington Beach, CA 92648 ***This certificate replaces and supersedes the one issued 01/19/07* Policy.Number: MGLO147241 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM C) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART (If no entry appears below, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Sched- ule,but only with respect to liability arising out of"your work"for that insured by or for you. To the extent required under contract, this policy will apply as primary insurance to additional insureds scheduled below and other insurance which may be available to such additional insureds will be non-contributory. Section IV.,Condition 4.,of this policy is amended accordingly. SCHEDULE Name of Person or Organization: All persons or organizations where required by written contract. S A P Le ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. CGL 216(04/98) Page 1 of 1 Producer Policy,Number: MGLO147241 Mt. Hawley Insurance Company ' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations where required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To Us Condition (SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS)is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the "products-completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. � ABM P LG CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 Producer z POLICYHOLDER COPY SK STATE ATE P.O. BOX 420807, SAN FRANCISCO,CA 94142.-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01-22-2007 GROUP: 000046 POLICY NUMBER: 001 4 266-2006 CERTIFICATE ID: 296 CERTIFICATE EXPIRES: 04-01-2007 04-01-2006/04-01-2007 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 295 DATED ' 01-19-2007 CITY OF HUNTINGTON BEACH SK RISK MANAGEMENT DIVISION 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer, We will also give you 30days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. �TMORIZEDREPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - KIRK MUNIO PRES - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04-01-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER AAA RESTORATION INC SK 29850 2ND ST LAKE ELSINORE CA 92532 [B19,NF] iREV.2-05) PRINTED 01-22-2007 'AG' RD CERTIFICATE OF LIABILITY INSURANCE - OP ID HS DATE(MM/DDIYYYY) AAACO-2 03 28 07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO Powers and Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Agents and Brokers HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Box 619043 Lic #OB02564 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Roseville CA 95661-9043 Phone: 916-630-8643 Fax:800-783-0083 INSURERS AFFORDING COVERAGE NAIC# INSUREDL.„y a INSURER A: Mt. Hawley Insurance INSURER B: Lincoln General Insurance-Co. AAA Restoration/ Inc INSURERC: 29850 2nd Street INSURER D. Lake Elsinore CA 92532 ,> INSURER S COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER POLICY EFF CTIVE POLICY E(CATION LTR NSR TYPE OF INSURANCE DATE MMIDDIYY DATE MMIDDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 DAWET,A X X COMMERCIAL GENERAL LIABILITY MGLO147241 05/30/06 05/30/07 PREMISES(Ea occurence) $ 50i.000 CLAIMS MADE OCCUR IVIED EXP(Any one person) $ 5,000 X Owner/Cont Prot. PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE S2,000,000 GE. L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 POLICY X PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 B X ANY AUTO 631000020902 05/24/06 05/24/07 (Ea accident) ALL OWNED AUTOS X SCHEDULED AUTOS P VED TO FO BODILY rpersIoon) $ X HIRED AUTOS �+T� r� BODILY INJURY $ X NON-OWNED AUTOS JENNIFE MciCRA H�City e,}L/j/ / (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY - - AUTO ONLY-EA ACCIDENT $ 7 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR El CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED?- E.L.DISEASE-EA EMPLOYE $ _. If yes,describe under - SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *10 day NOC applies for non-payment of premium. City of Huntington Beach, its agents, officers and employees are included as Additional Insured under Commercial General Liability policy per endorsement CGL 216 (04/98) , subject to a written contract between Named Insured and Additional Insured. ***This certificate replaces and supersedes the one issued 1/19/07** CERTIFICATE HOLDER CANCELLATION CITYOFH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 2000 Main Street City Of Huntington Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Huntington Beach CA 92648 REPRESENTATIVES. AUTHORIZED ACORD 25 (2001108) ©ACORD CORPORATION 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) Policy Number: MGLO147241 V�^ Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM C) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART (If no entry appears below, information required to complete this endorsement will be shown in the Declarations as appli- cable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Sched- ule, but only with respect to liability arising out of"your work"for that insured by or for you. To the extent required under contract, this policy will apply as primary insurance to additional insureds scheduled below and other insurance which may be available to such additional insureds will be non-contributory. Section IV., Condition 4.,of this policy is amended accordingly. SCHEDULE Name of Person or Organization: The City of Huntington Beach, its Agents, Officers and Employees 2000 Main Street Huntington Beach, CA 92648 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. CGL 216 (04/98) Page 1 of 1 Insured Poky Number 631 OM209 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMON POLICY CHANGE ENDORSEMENT Endorsement No. 004 LINCOLN GENERAL INSURANCE COMPANY Named Insured AAA RESTORATION INC Effective Date: 01-22-07 1201 A.M., Standard Time Agent Name POWERS & EFFLER INSURANCE BROKERS INC Agent No. 027030 This endorsement win not be used to decrease coverages, increase rates or deductibles or alter any terms or conditions of coverage unless at the sole request of the insured. COVERAGE PART INFORMATION—Coverage parts affecled by this change as indicaled by below. Commercial Property Commercial General Liability Commercial Crime Commercial Inland Marine QCOMMERCIAL AUTOMOBILE NO CHARGE 11 The following item(s): ElInsured's Name a Insured's Mailing Address Policy Number Company aEffective/Expiration Date I Insured's Legal Status/Business of Insured Payment Plan Premium Determination Additional Interested Parties Coverage Forms and Endorsements aLimits/Exposures a Deductibles Covered Property/Location Description Q Classification/Class Codes Rates Underlying Exposure/lnsuranoe is(are)changed to read (See Additional Pages)) THE FOLLOWING FORM(S) HAS BEEN AMENDED: GA Al 898 08-98 ADDITIONAL INSURED BUS. AUTO ENDORSEMENT 01-02 FULL ADDITIONAL INSURED NAME — GA Al 8/9 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME The above amendments result in a change in the premium as follows: This pmrriLmn does not include taxes and su X[] No To be Adjusted at I Additional NO CHARGE Return NO CHARGE Tax and Surcharge Changes Additional Return Countersigned By: AUTHORIZED AGENT CW-CHANGEDESC (1197) Producer Copy Ltncofn Genera(Insurance Company POLICY NUMBER: 6310000209 02 A-"'"- COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED — BUSINESS AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective Date Named Insured Countersigned By (Authorized Representative) IT IS HEREBY UNDERSTOOD AND AGREED THAT THE FOLLOWING AMENDMENT TO THE DEFINITION OF "INSUREDS"SHALL INCLUDE THE ENTITY DESIGNATED BELOW BUT ONLY TO THE EXTENT IT FALLS WITHIN THE AMENDED DEFINITION. ADDITIONAL INSURED NAME: CITY OF HUNTINGTON BEACH ET AL RE: EMERALD COVE CAPITOL REPAIR PROJECT 2007, 18191 PARK TREE LANs, HUNTINGTON BEACH CA 92648CH CA 92648 2000 MAIN STREET HUNTINGTON BEACH, CA USA 92648-0000 THE DEFINITION OF"INSUREDS"IS AMENDED TO INCLUDE: 'ANY PERSON OR ORGANIZATION WHO IS LEGALLY RESPONSIBLE FOR THE'USE"OF THE INSURED AUTOMOBILE BY THE NAMED INSURED, ITS EMPLOYEES, OR ANY PERSON USING THE INSURED AUTOMOBILE WITH THE NAMED INSURED'S PERMISSION." THE TERM'USE"WHEN APPLIED TO A MOTOR VEHICLE SHALL ONLY MEAN OPPERATING, MAINTAINING, LOADING OR UNLOADING A MOTOR VEHICLE. Contains Copyrighted Material of the Insurance Services Office,Inc. GA Al 8 98 FVOdupr COPY Policy Number 6310000209 02 ENDORSEMENT LINCOLN GENERAL INSURANCE COMPANY Named Insured AAA RESTORATION INC Effective Date: 01-22-07 1201 A.M., Standard Time Agent Name POWERS & EFFLER INSURANCE BROKERS INC Agent No. 027030 FULL ADDITIONAL INSURED NAME - GA AI 8/9 CITY OF HUNTINGTON BEACH, ITS OFFICERS,ELECTED OR APPOINTED OFFICIALS, ENPLOYEZS, AUTHORIZED AGENTS WHILE ACTING WITHIN THE SCOPE OF THEIR DUTIES. MANAU((1/02) PrOdt"r COPY Policy Number: MGLO147241 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ,ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM C) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART (if no entry.appears below, information required to complete this endorsement will be shown in the Declarations as appli- crabie to this endorsement.) WOO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Sched- ule, but crib+with respect to liability arising out of"your work"for that insured by or for you. To the extent required under contract, this policy will apply as primary insurance to additional insureds scheduled below 7;id other irSW-anca which may be available to such additional insureds will be non-contributory. Section IV., Condition 4., of this policy is amended accordingly. SCHEDULE i�la. a of Pe san or Organization: of Huntington Beach, its Agents, Officers and Employees 2000 Main Street Huntington Beach, CFI 92648 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. CGL 2115 (04/901 Insured Page 1 of Policy Number: MGLO147241 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGE ENDORSEMENT Endorsement Effective Date: 3/28/2007 (12:01 a.m.) ❑ ADDITIONAL PREMIUM $ Endorsement Number: 1 ❑ RETURN PREMIUM $ Insured Name: ® NO PREMIUM CHANGE AAA Restoration, Inc. ❑ $ i ❑ $ TOTAL $ IT IS UNDERSTOOD AND AGREED THAT C1 1. PREMIUM ❑ 7. COVERAGE/LIMITS ❑ 13. COVERAGE IS CANCELLED 2. ADVANCE PREMIUM ❑ 8. INCEPTION DATE ❑ SHORT RATE Ej 3. MINIMUM PREMIUM ❑ 9. EXPIRATION DATE ❑ PRORATE 4. RATE ❑ 10. TERMS ❑ MINIMUM PREMIUM APPLIES i €NISTA.I_LI WENT ❑ 11. NAME OF INSURED ❑ 14. ADDITIONAL INSURED BUT ONLY AS RESPECTS i� 5. AUDIT ❑ 12. ADDRESS OF INSURED THE OPERATIONS OF NAMEDINSURED ! IS C J IAi'GED FOR ❑ IS AMENDED TO READ AS HE PER ODD FOLLOWS: It is agreed that Endorsement CGL 216 (04/98), Additional Insured Owners, Lessees or Contractors . s added to this policy as attached. i ,ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. DATE OF ISSUE: Ana 3/28/2007 R)L 2'i0o (014/9 3) Page 1 of -I Insured POWERS & COMPANY Insurance Agents and Brokers /29/2001icense No.OB02564 AAA Restoration, Inc Kirk- Munio 29550 2nd Street Lake Elsinore, CA 92532 Re: General Liability MGLO 147241 OS/30/06 05/30/07 Dear Terri: Eiielosed please find your copy of the additional insured endorsement that you recently rExquested. Since we were unable to issue it from our office, we had to wait for the cc'pally to issue it. Additional Insured: City of Huntington Beach Please attach it to the Certificate of Insurance previously sent to you for this job and keep if for your records. 1_, t us, know if you have any questions. .�cilC:t;r .l Kira Wenceslao Kirn 4 enceslao (iStorner Service Agent If.,,). Box 619043 - Roseville, California 95661-9043 •(916) 630-8643 •(800)228-3380• Fax (916) 630-8657 03/29/2007 01:39 9514715128 AAA RESTORATION INC PAGE 02/02 POIwICYHOLDER COPY SK STATE P.O. BOX 420007, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE r-U N D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03-27-2007 GROUP: 000046 POLICY NUMBER: 0014266-2007 CERTIFICATE ID: 302 CERTIFICATE EXPIRE$! 04-01-2008 04-01-2007/04-01-2008 CITY OF HUNTINGTON BEACH SK RISK MANAGMENT DIVISION 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 This Is to certify that we have Issued a valld Workers' CompensAtion insurance policy In a form approved by the Californla Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer. we will also give you 30days advance notice should this policy be cancelled prior to Its normal expiration. This certificate of insurance Is not an Insurance policy and does not amend, extend or alter the coverage afforded by the policy listed hereln. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of Insurance may be issued er to which it may pertain, the Insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Yk THORIZFU RE'RFSFNTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - KIRK MUNIO PRES - EXCLUDED. ENDORSEMENT #2005 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 04-01-2007 IS -- ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER AAA RESTORATION INC SK 29950 2ND ST LAKE ELSINORE CA 92532 [VJL,CS] aFv,z nst PRINTED : 03-27-2007 Company Profile Page 1 of 2 Company Profile SURETY COMPANY OF THE PACIFIC PO BOX 10289 VAN NUYS, CA 91410-0289 800-537-1819 Agent for Service of Process KATHY K. GOODWIN, 6345 BALBOA BLVD SUITE II-325 ENCINO, CA 91316 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 12793 NAIC Group #: 0000 California Company ID #: 1960-4 Date authorized in California: February 14, 1969 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CALIFORNIA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? http://interactive.web.insurance.ca.gov/webuser/idb_co—Prof utl.get_co_prof?p_EID=3872 4/23/2007 SURETY COMPANY of the PACIFIC S C 6345 BALBOA BOULEVARD, BUILDING 2,SUITE 325,ENCINO,CALIFORNIA 91316-1517 REPLY TO:POST OFFICE BOX 10289,VAN NUYS,CALIFORNIA 91410-0289 PHONE:(818)609-9232 To: PUBLIC ENTITY (GOVERNMENT AGENCY, MUNICIPALITY, SCHOOL DISTRICT, OTHER) Surety Company of the Pacific (SCP) has been an admitted surety in the State of California since February, 1969. The Certificate of Authority issued by the California Department of Insurance (CDI) granting SCP authority to transact surety business within the state is in full force and effect. This Authority has never been surrendered, revoked, cancelled, annulled or suspended and we are proud of our uninterrupted service to California's contractors. You can easily verify the current status of our Certificate of Authority by contacting the California Department of Insurance at (213) 897-8921 or by visiting the CDI Web site at www.insurance.ca.,g_ov. If you are visiting the Web site go to the section with the heading "Insurers," look for the "Regulatory Activity" column heading, select "Insurance Company Profiles" option and then enter our company name: Surety Company of the Pacific. CSUR7-7/03 N? 5995 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amen=e Certificate of Authority THIS Is To CERTIFY, That, pursuant to the Insurance Code of the State of California, Surety Company of the Pacific of Encino, California , organized under the laws of California , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Surety as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. Tms CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WrrNEss WHMWOF, effective as of the-------- th-------------day of-----. 1`LQyember 19___94, I have hereunto set my hand and caused my official seal to be affixed this?t h_______-__ day of----hLQY—e-mbjar-- ,19 9 4_. Cohn e i rance o By ri 1- ur NOT"' . Qualification with the Secretary of State must be accomplished as required by the California Corpora ' Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Ins. Code Sec. 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. 92 9344� FORM CB-, CERTIFICATION OF CERTIFICATE OF AUTHORITY 1. I,Kathleen Kelley Goodwin,am the Vice President and Corporate Secretary of Surety Company of the Pacific. 2. Attached is a true and correct copy of the Certificate of Authority of Surety Company of the Pacific which has not been surrendered, revoked,cancelled, annulled, or suspended and which is in full force as of the date of this certificate. I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct. Executed MAR 0 Encino, California. KathleenICZ ey Goo win, Vice President and Corporate Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of LOS ANGELES On MAR ® 8 20P before me, LETICIA ROMANO,NOTARY PUBLIC, (Date) personally appeared KATHLEEN KELLEY GOODWIN Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she execute the same in authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted,executed the instrument. WITNESS my hand and official seal. LETICIA ROMANO _ < f V Commission# 1521463 Notary Public - CaAfornla Los Angeles County (Signature of Notary Public) My Comm.E)Ues Oct 23,MM CSUR64-8/05 ;, o CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK May 7, 2007 AAA Restoration, Inc. 29850 —Second St. Lake Elsinore, CA 92532 Attn: Kirk Munio, President Re: The Emerald Cove Capital Repair Project 2007 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Economic Development Department at 536-5582. Sincerely, n ?CClerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) g:followup\cashcont\cashcon-letter.doc (Telephone: 714-536-5227) Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above-referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20`, at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] E , IF R � 'cORNEX 3 ' 2F6' UP 1 245911.1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above-referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage-rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20_, at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] k8 TI0EQW ME c�"xltA �f,1146 CITY ATTORNEY -TLS o3•� •csly 1 247542.1 CONTRACTOR'S CERTIFICATE I, , state and certify that: (Name of Declarant) 1. is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write"NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of , 24, (Signature of Declarant) APPROVED AS TO FORM By: Vf I-71,0,AIL Name: [Type Name] Title: [Type Title] 1 245914 1 CC BID DATE: S THE / Engineer's Estimate: $ BID LIST BIDDER'S NAME -RANK - TOTAL BID AMOUNT r -ice o 5. $ 6. $ 7. $ 8. $ 9. $ 10. $ 11. $ �!1 (2��T10/J ►� fr�Y�'10 c�47T O"1 13. $ r o LLI cJ p i 14. $ CC BID DATE: TEM oZ,'ad Engineer's Estimate: $ BID LIST BIDDER'S NAW -RANK TOTAL BID"OLWT{ f ,F s. $ 10. $ ll. $ 12. $ 13. $ 14. $ 2001 FEB -2 PH 1- 51 2001 FEB -2 PH 2007 FE B -2 PM 1: 59 CITY OF UlIGTON BEACH ,ep,�JIJNT Lj-A HUNThNGTON tj j, 0 N I I'D 10 Hd Z- 833 LODZ 00 IZ wa Z- 233 LODZ 3 /L1 L81O6 T to /0 ; SECTION A NOTICE INVITING SEALED BIDS for the EMERALD COVE CAPITAL REPAIR PROJECT 2007 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 26, 2007. Bids will be publicly opened in the Conference Room B7 unless otherwise posted. Copies of the Plans, Specifications, and contract documents will be available on January 4, 2007 from the Office of Real Estate Services-Department of Economic Development, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $15.00 nonrefundable fee if picked up, or payment of a $25.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. A project site walk will take place at 18191 Park Tree Lane, Huntington Beach, California 92648 on Friday, January 5, 2007 at 11 a.m. It is highly recommended that all interested contractors attend this important project site walk to review and discuss scope of work. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class 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. 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 5th day of September 2006,by Resolution No. 2006-56. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH SECTION A NOTICE INVITING SEALED BIDS for the EMERALD COVE CAPITAL REPAIR PROJECT 2007 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 26, 2007. Bids will be publicly opened in the Conference Room B7 unless otherwise posted. Copies of the Plans, Specifications, and contract documents will be available on January 4, 2007 from the Office of Real Estate Services-Department of Economic Development, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $15.00 nonrefundable fee if picked up, or payment of a $25.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS or any other delivery service. A project site walk will take place at 18191 Park Tree Lane, Huntington Beach, California 92648 on Friday,January 5, 2007 at 11 a.m. It is highly recommended that all interested contractors attend this important project site walk to review and discuss scope of work. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach,CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class 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. 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 5th day of September 2006,by Resolution No. 2006-56. Attest: Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) -the-AGENCY, will ae=_ SECTION duct a 10% retention. NOTICE INVITING SEALED from all progress pay- ments:. The Contractor, am a Citizen of the United States and a BIDS for the EMERALD COVE may substitute an es CAPITAL REPAIR cr ' holder su ow rety of( resident of the County aforesaid I am equal value the PROJECT then in accordance with) with ' •in the CITY OF the provisionsthei California Governrn mententi over the. age of eighteen years, and not a HUNTRVGTONBEACH . Code, Section 4590. The, �— PUBLIC_NOTICE- IS Contractor^shall—be _ party toor interested in the below entitled HEREBY GIVEN,that the beneficial owner of thef Of HUNTINGTON surety and shall receive matter. I am a principal clerk of the AGENCY, CITY O ) BEACH, as AGENCY, in- any interest thereon. vices sewed bids for the The AGENCY hereby i HUNTINGTON BEACH INDEPENDENT above .stated projects affirmatively ensuresres and will receive such that minority business l a newspaper of general circulation bids l Floor, the office the enterprises)will b of-1 , City Clerk,Second Floor, forded full opportt unity printed and published in the City of 2000 Main street, Hun- to submit bids in ice tington Beach, California. spouse' to. this notice Huntington Beach, County of Orange, 2:00 P up to the near of and will not be' don 2:00 PM on January 26, criminated against on, State of California, and that attached 2007. Bids,will he pub- the basis of race; coley, licly licly opened in the Con- national origin, ances- ference Room B7 unless try, sex, or religion in otherwise posted, any consideration lead- Notice -is" a true 'and complete copy as Copies of the Plans, ing to the award of was printed and published in the Specifications; and con- contract.' tract documents will be No bid shall be consid- available on January 4, pare• unless it is pre- Huntington Beach issue of said �2007 from the Office of pared on the approved I Real Estate .Services- Proposal forms in, con- newspaper to wit the Issue(s) of: (Department of Economic formance with the Development, 2000000 Main Instructions to Bidders. Street, Huntington The bid must be accom- Beach, CA 92648, upon panied by a certified payment of a $15.00 check, cashier's check, fnonrefundable fee if or bidder's, bond made picked up, or payment payable to,the AGENCY of a $25.00 nonrefun- for an amount no less JANUARY 4 1 1 1 $ 2 7 dable fee if mailed via than 10% of the amount r U.S. Postal Service, bid. The successful bid- FedEx,UPS or any other der shall be licensed in delivery service. A accordance with provi- �project site walk will sions of the Business take place at 18191 Park and Professions Code -Tree Lane, Huntington and shall possess a !Beach, California 92648 State—.Contractor's .Li- on Friday, 'January 5, tense Class A or B at !.2007 at 11 a.m. It is the time of the bid open- ;highly ,recommended ing.The successful Con- declare, under penalty of perjury, that ,that all interested con- tractor and his - tractors attend this im- tractors will be required portant project site walk to possess business li- the foregoing is true and correct. l sc review and discuss Censes from the AGEN- scope of work. CY. Any contract entered The AGENCY reserves into pursuant to this the right to reject any notice will incorporate or all bids, to waive any Executed on JANUARY 1 $, 2 0 0 7 the provisions of the irregularity and to take State.Labor Code. Pur- all bids under advise= suant to the provisions merit for, a maximum, at Costa Mesa, California. of the Labor Code of the period of60days. State of California, the BY ORDER of the CITY minimum prevailing rate I COUNCIL,of the CITY OF of per'diem wages for HUNTINGTON' BEACH, each craft, classification CALIFORNIA,the'5th day or type of workman of September 2006, by needed to execute thei Resolution No.2006-56. contract shall be those Attest:Joan L.Fly m ..Signature determined by the Direc- CITY CLERK OF THE CITY for 'of Industrial Rela- OF HUNTINGTON BEACH tions of:•the State ofj Published Newport California, which are on Beach/Costa Mesa Daily file at the.Office of the 1 Pilot January 4,,11, 18, Director 'of Public; 2006 001-954 Works, 2000 Maini Street, Huntingtonl Beach,CA 92648. PROOF OF PUBLICATION STATE OF CALIFORNIA) ss. The AGENCY will de- I. SECTION duct a 10% retention COUNTY OF ORANGE ) i NOTICE IW91NG SEALED from all progress pay- merits. The Contractor ` BIDS for the EMERALD COVE may.substitute an es- (APITALREPAIR crow, holder surety of equal value to the'reten- I am a Citizen of the United States and a PROJECT 2007 the in accordance with in the(ITIfOF the provisions of the California .Government resident of the County aforesaid; I am HUNTINGTON BEACH Code, Section 4590. The PUBLIC NOTICE AS Contractor shall be over the age of eighteen _yea_ wrs, and not a I¢REBY GIVEN,that the beneficial owner of the -- th CITY OF- HUNTINGTON surety and shall receive party fo or Interested In e belo entitled— BEACH, as AGENCY, in any-interesbthereon. — -- vites sealed bids for the The AGENCY hereby above stated projects affirmatively: ensures matter. I am a principal clerk of the that ,minority business and will receive such enterprises will be of-. HUNTINGTON BEACH INDEPENDENT, City Clerk,bids in the.office Second F of the loor, forded full opportunity 2000 Main Street, Hun- to submit bids in re- a newspaper of general circulation, tington Beach,California spouse to this notice printed and published in the City of 2:00 Pup to the hour of and will not be don 2:00 PM on January 26, criminatetl. against on 2007. Bids will be pub- the basis of race, color, Huntington Beach, County of Orange, licly opened in.the Con- national origin, antes- feIence Room B7 unless try, sex, or religion.in State of California, and that attached Copies of the otherwise posted. any consideration lead- Plans, ingto the award of Specifications, and con- contract. Notice is a true and complete copy as tract documents will be No bid shall be consid- available on January 4, ered unless it is pre- was printed and published In the 2007 from the'Office of pared on the approved Real Estate Services- Proposal forms in con- Huntington Beach issue of said Development, 20 Economic formance with the Development, 2000 Main Instructions to Bidders. i Street_, Huntington The bid.must be accom- � newspaper to wit the Issue(s) of: Beach, CA 92648, upon) panied by a certified I payment of a $15.00 check, cashier's check, nonrefundable fee if or bidder's bond made picked up, or payment payable to the AGENCY of a $25.00 nonrefun-. .for an amount no less.l dable fee if mailed via than 10% of the amount U.S. Postal Service, bid. The successful bid- FedEx,UPS or any other der shall be licensed in JANUARY 0 4, 1 1 , 1 $, 2 0 0 7 delivery. service. A accordance with provi- project site walk will' sions of the Business take place at 18191'Park and Professions Code Tree Lane, Huntington and shall possess a I Beach, California 92648 ..State Contractor's Li- on Friday, January 5, cerise Class A or B I at 2007 at 11 a.m. It is the time of the bid open- highly recommended ing. The successful Con- that all interested con- i tractor and his subcon- tractors attend this im-11I tractors will be required declare, under penalty of perjury, that Portant project site walkce Possess business li- to .review and discuss' tenses from the AGEN- 1 s Any of work. The AGENCY' reserves the foregoing is true and correct. Any contract entered] into pursuant to this the right to reject any notice will incorporate l or all bids, to waive any the provisions of the 1 irregularity and to take State Labor Code.�Pur- all bids'under advise- Executed on JANUARY 18 2 0 0 7 La suant the provisions I merit for a maximum , of the Labor-Code of the Period of 60 days. State. of California, the I BY ORDER of the CITY at Costa Mesa California. minimum prevailing rate COUNCIL,of the CITY OF of per.diem wages for HUNTINGTON BEACH, each craft, classification; CALIFORNIA,the Sth day or 'type of workman! of September 2006, by needed to execute the Resolution No.2006-56. � /��C�l� contract shall be those Attest Joan L.Flynn determined by the Direc- CITY CLERK OF THE CITY OF HUNTINGTON BEACH Signature too of Industrial tions of the Statea of Published Newport " California, which are on Beach/Costa Mesa Daily file at the Office of the Pilot January 4, 11, 18,1 Director of Public 2006 001-954J Works, 2000 Main freet, Huntington each,CA 92648. Page 1 of 2 Esparza, Patty From: King, Terri Sent: Monday, February 12, 2007 2:33 PM To: Esparza, Patty Cc: Vigliotta, Mike; McGrath, Jennifer; Smalewitz, Stanley Subject: FW: Emerald Cove public bid opening. Hi Patty, I just got the response below from Deputy City Attorney Mike Vigliotta. As per his instructions, we will provide a notice in writing to the two contractors that submitted their bids on the Emerald Cove Capital Repair Project 2007, informing them of the location and time of the public bid opening, right away. I will provide copies of that notice to you for your records if you need them. Also, does someone from the City Clerk's office need to be present for, and are there any other requirements that you are aware of with regard to, the bid opening process itself? Please let me know. I guess you can dispose of the notice that we were going to send to the Independent today. Thank you VERY MUCH for your help and patience on this. Terri King From: Vigliotta, Mike Sent: Monday, February 12, 2007 1:49 PM To: King, Terri Cc: McGrath, Jennifer; D'Alessandro, Paul; Smalewitz, Stanley Subject: Hi Terri, Sorry for the confusion that I may have caused last week regarding this RLS. As you know 1 was out Thursday and Friday and had limited access to e-mail. Pursuant to your last e-mail I am not sure if you have already made a decision, but in any event, this e-mail is intended to respond to RLS 07-862. You indicated in RLS 07-862 that certain discrepancies occurred in the normal BID process to hire a contractor for construction work_ at the Emerald Cove Senior Housing Project. As we discussed last week, the potentially fatal issue with the BID process utilized in this case, is that the location for BID submittal was changed from the Clerks Office to your office without providing notice to all parties. Normally, if this situation occurs, the City would have to reject all BIDS and re- BID the project. You may choose to follow this course of action. However, in this instance you have indicated that the City did not receive any BIDS (other than the two received by your office) . This evidences the fact that no one else was interested in bidding for the project. Because the notice inviting bids, section B 14, allows the City to waive any irregularities in the proposals and no other BIDS were received by the Clerks office that were rejected, we are advising that you move forward and considerer the 2 BIDs received by your office. Had the City received other BIDs for the project, a new invitation to BID would have had to take place. In addition, you will need to inform the two companies that submitted BIDs, in writing, that the BID opening date is changed. 2/15/2007 Page 2 of 2 In the future, this type of confusion may be avoided by involving the purchasing department in the process. By allowing a consultant to control the process you run the risk that City internal processes will not be followed and the entire process is called into question. Please e-mail to confirm the direction that you choose regarding this process. 2/15/2007 Esparza, Patty To: McGrath, Jennifer Subject: RE: -----Original Message----- From: McGrath, Jennifer Sent: Friday, February 09, 2007 2:08 PM To: King, Terri; Esparza, Patty Cc: Vigliotta, Mike; Smalewitz, Stanley; Holtz, Steve; Charlonne, Eric; D'Alessandro, Paul Subject: Re: Terri - Of course, it is your department' s decision, but I believe you are doing a rebid unnecessarily as there are no bidders who could challenge the bid. I understand you were hoping for a reply yesterday to your RLS submitted Tuesday. It was my responsibility to handled the matter but my daughter is sick at home. You will have a written response on Monday which will support a decision to consider the two bids you have already received. Should you choose to rebid, I trust you will supervise the process and request assistance from staff rather than rely upon your construction manager. Jennifer -----Original Message----- From: King, Terri To: Esparza, Patty CC: Vigliotta, Mike; McGrath, Jennifer; Smalewitz, Stanley; Holtz, Steve; Charlonne, Eric Sent: Fri Feb 09 14 :00:09 2007 Subject: Hi Patty, Please forward the attached public notice, "Notice Inviting Sealed Bids for the Emerald Cove Capital Repair Project 2007 in the City of Huntington Beach" to the Independent newspaper and arrange to have the notice published on the following two dates: February 15, 2007 February 22, 2007 You will notice that the bids are to delivered to the Office of the City Clerk no later than 2:00 pm on Monday, February 26, 2007 and, thereafter, publicly opened in Room B-7 sometime between 2:00 and 3:00 pm on the same day. As you suggested, Room B-7 has been reserved for the opening of the bids. Hopefully things are done right this time. Please let me know if you become aware of anything else we need to do. 1 Thank you for your assistance, Terri King Assistant Project Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) 960-8831 Phone (714) 375-5087 Fax 2 OJ FEB - 2 0I DEPAR T OF ECONOMIC DEVELOPMENT fl l___E 1 Ca 12 p 41 N -oN �eoch - o � CT c�JJ , BIDDER'S STATEMENT FORM ,; EMERALD COVE APARTMENTS EXHIBIT REVISED 1-29-07 u: By signing below,.I certify that I have read, understand and agree to the terms and conditions of this invitation to bid. I have thoroughly examined the plans and specifications, and 1 propose to complete the work for: Item # Bid Item Unit Quantity Unit Price Amount Comments Site 1 R & R site light pole fixtures 1 10 $ t 50D $ o5oc - aa rz. u� 2 R & R wood fence panels & post-lower patio 10 If 10 $ 300 $ 00� �3$ �- 3 R & R wood fence post& footing-lower pafio 1 15 $ $ 00 - 3 q .35 HCZ 4 R & R concrete mow strip 10 If 40 If l2 $ 000- 1466 LT -I-AL- 0,67 02- 5 R & R concrete curb 10 If 10 $ - $ . O 6,&7 ff iZ n 6 R & R cracked concrete private lower patios 3 82 sf $12S Q J . 0- 2L 4 OT ,l07 H V- Exteriors o 7 Repair cracked, stained and spalled stucco 5 sf, 15 $ lao $ 1 0 6 r 2 ,57 4 iz_ 7a Replace stucco ono en balcony lids 3 50 sf Q 00 4 1.57 1Z B R& R damaged exterior sidIng 10 If 9 $ Too $ 00 2zt,, 15 t'Z T 9 Repair s allin stucco at foundation 5 If 9 $ $ a 7 (- x 10 R & R utili closet doors in common area 1 air steel 9 $$ 3 $ -� d 3�• 10A R & R utility closet doors in common area 1 pair wood 9 2j 31,5 0 Optional - No T I N T-o rA 3lo 15 tt 11 R & R storage closet doors on balconies 1 82 , �$ T2-10310 12-0 1. 1 R & R entire balcony fence& post unit-Trek 1 82 4 fOGf-1 _ T7, q3b Bid item for Sum Total .3 q.35 12-0 t. 2 R & R entire balcony fence& post unit-Wood 1 82 $ 3q(05 $ ZQiH, 13C7 Optional N o( IN To TA 3y.35 HIZs 12-0 t. 3 R& R entire balcony fence& post unit-Wood 1 82 ?A*5 e�Li U Optional - NOT IN To A 3L1. 35 ttlk 13 R & R sta i rway waterproofing membrane 1 46 $ ReD $ 08 2- - Q 14 R & R first step, inspect and replace 1 46 2 0 2- y 7 1 15 R&R first 5 steps with flashing 1 5 O, 2. 7 16 R & R balcony waterproofing membrane 1 82 $ 13 $ 161, 050. L12. 17 Install new flashing at stairway risers 1 10 n/a _ n/a VOID 18 Install new gutters on entire complex-upper 25 If 2500If $ S" $ gjy5-00 (�.I 19 Install new utters on entire complex-lower 25 If 1200 If $ 1 5 $ O 15 Roof 20 General roof maintenance 70,000 sf $ 300 $ SOCID 21 Starter shingle repairs 50 If 3,500 If (j 500 'L.too 22 Installation of Z-bar flash!ng 00 io0 Plumbing 23 Install natural gas seismic shut-off 1 9 $ O $ 7 s 24 Balcony fascia exhaust pipe modification 1 70 n/a n/a IVOID " Initial & Date / w BIDDER'S STATEMENT FORM EMERALD COVE APARTMENTS EXHIBIT NOTE: OWNER RESERVES THE RIGHT TO ADJUST QUANTITIES DURING THE SCOPE OF REPAIRS. The bid amount above includes a sufficient sum to cover all items, either labor or material, that are required or implied for a complete project. This bid is good for 120 days from the bid closing date. A-)1-5 c t]dl� T/K ('©lu TSLELcl—iaA 7 / �' ��0 7os 2- COMPLETE LEGAL NAME OF COMPANY PHONE BUSINESS ADDRESS DATE �// c Ki.v sff PRINTItID NAME OF AUTHORIZED A ENT (TITLE c NAT OF AUTHORIZED AGENT 33 - paQ 7& FEDERAL IDENTIFICATION NUMBER _2 Zf5o,2-9-, 7 CONTRACTORS LICENSE NUMBER AND CLASSIFICATION THIS FORM MUST BE COMPLETED AND INCLUDED IN THE BID. BIDS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NON-RESPONSIVE. ' 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. ' Cer+,-f,&A �� :3 -� 0_ _ Accompanying this proposal of bid, find GFIx in the amount of$= - q-,vhich said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice iInviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: r J'AddehdciW6.. ':Date Received Bidder's Signature Mq1p(CfF1,OO 2 q -o 1 1 ' c-2 ' PROJECT BID SCHEDULE EMERALD COVE CAPITAL REPAIR PROJECT 2007 18191 Park Tree Lane Huntington Beach, CA. 92648 ' TOTAL AMOUNT LUMP SUM BID IN FIGURES: 7-$. Q ' TOTAL AMOUNT LUMP SUM BID IN WORDS: +btPP C-3 1 1 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of ' (by percentage of the total bid)the work to be done by such subcontractor. i '; Portion' Name of Subcontractor and Address: State License., Class 1 of Work Number r.o S7o oSftLA 4iN &tJtCP-1� 65%�573 C' 43 � b 1 lactic", �% i 1 1 1 1 i 1 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 1 2. That the AGENCY will .be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 1 1 ' LIST OF VENDORS ' All bidders are required to furnish the following information relative.to the vendors that he/she ' proposes to use. ' TYPe.;of Material or Product:'. Name.:of Vendor Address-of Office and Telephone Nufnber :'and.Model(s).Numbers). DN-� QOT N uN�� QtJ �C�1 C�. 22- Y I-�M�D2Y,SI�tN�-,GeMe Tir L-0 w`ES �nl � �C,I� C� o0 Uttabe2 S(DING- Ce" tr2x 1�uMber S 101tN(rt eM e- T�,e ' 0(2ftNGv C-0 L,ut4>1P- SA CA 5��{ �oor2S, L Lg1Ab r S to iN(r C�rteN�� P1,1�7�� Mu�ri66L C.- �" 3'Ne3 pL,I'DE UP, T P(s- ' B XP 2-ESS P I PC- abet ti tb -I y S2 y 0/ffl Se is Nt e S k�a� 1 ' C-5 1 ' NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ' County of Orange ear'" "Inbeing first duly sworn,deposes and says that he or she is CWV,&e f 6-e--oJe44 ' of the party making the foregoing bid that he 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. err C s ' Name of B' der r � S'gna r of Bidder ' Address of Bidder ' Subscribed and sworn to before me this �' day of ic_ , 20 ' NOTARY PUBLIC NOTARYSEAL t JAMES T.DUNC AN COMM. ##1465,620 00 U NOTARY PUBLIC-CALIFORNIA C_6 00 ORANGE COUNTY ' 4 Y 1 My Comm.Expires Feb 9.2008 t ' 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 EMERALD COVE CAPITAL REPAIR PROJECT 2007,(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. J'/C ('a•vsT yc T,o ti Contractor Y • 1 / �5/(/1r�/1 Title Date: C-7 1 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5,the Bidder shall complete,under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder,.any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified,removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ' ❑ Yes o ' If the answer is yes, explain the circumstances in the space provided. r � NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the ' Proposal shall constitute signature of this questionnaire. C-8 BIDDER'S INFORMATION r BIDDER certifies that the following information is true and correct: ' Bidder dame 1 ' Business Address 1 7D5- 2- ' Telephone Number -4 7 - 9 ' State Contractor's License No. and Class � q8v Original Date Issued ' Expiration Date The work site was inspected by T , /l tc k" ti�s /� of our office on J Div l , 2007 . The following are persons, firms, and corporations having a principal interest in this proposal: �� CO/V,STIZUc T"i0�1� i 1 C-11 1 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability,financially or otherwise,to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. J K �'a.ws riw�r�o,v Company Name )), �gna r of Bidder T � y Printed or Typed Signature _ ' Address of Bidder ( /?/ 1) %/y - cos 2-- Telephone Number Subscribed and sworn to before me this day of /`�'� 320 ' NOTARY PUBLIC NOTARY SEAL JAMEST.UUNCAN COMM. #1465620 100 NOTARY PUBLIC.CALIFORNIA ORANGE COUNTY My Comm Expires Feb 9,2008 ' C-12 Listed below are the names, address and telephone numbers of three references for which the bidder has performed similar work within the past two years: 1. im-b ubmw //ol Ain Oa' ' Name and ddress Name and Telephone No. of Project Manager{_ erry (71� Contract Amount Type of Work Date Completed ' Name and Address ' Name and Telephone No. of Project Manager: c%/" 2 ��lo-7o✓coZ ' Contract Amount ype of Work Date Completed 3. Name-and Address ' Name and Telephone No. of Project Manager: 9L/ (1/ ) Contract Amount Type of Work Date Completed C-13 Feb. 14. 21)07 4 : 16PM GAFCON FAX 213-593-9084 714 `No_ 8508 P.. l/Ol City of Huntington Beach Economic Development Department 2000 Main Street Fax(714) 375-5087 ADDENDUM NUMBER ONE For Emerald Cove Capital Repair Prot 2007 February 14, 2007 Notice to All Bidders: Please note the following clarification to the Project plans, Specifloatlons, and Technical Provisions: The time and place of publicly opening bids will be held in Room BAn the Lower Level of City Hall, 208 Mail Stt"t In Huntington Breach at 1:30 P.M.on Thursday, FeLruary 15,2007. This Is to facknowledge receipt and review of Addendum Number dated Februa 1Z27 Company Name -'2/� Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum,plsase call Terri King at(714)%0-8831. TOTAL P.81 °gam ,,L4 CASHIER'S CHECK 0084408113 .Office AU# 121 i _ P - i Operat&I.D.: cu009372.i cu004258` I I February 02, 2007 '.` PAY TO.THE ORDER'OF ***CITY OFHUNTINGTON BEACH*** ***Srxt . six thousand three hundred sixty-seven dollars and 9Q.cents*** **$66,367.90** I � IF, I WELLS FARGO BANK;N A lb I VE US 367:90 `NEWLAND•CENTER `.19840 BEACHBLVD I HUNTINGTON BEACH;CA 92648 - FOR INt]UIRIES CALL(480)394-3122 AU E • SI I. - i1'0084L,08 L L 311, 1: L 2 L000 248i: 486 L SO S 29 Sill (_f L�J 0i= d L)t-7- �� 0/�('YL c it v� Council/Agency Meeting Held: D Deferred/Continued to: Approved ❑ onditionally Ap roved ❑ Denied City I rk's ignatur Council Meeting Date: 4/2/2007 Department ID Number: ED 07-09 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY UNCIL MEMBERS SUBMITTED BY: PENE OPEC LBRET�FT, OPA, CITY ADMINISTRATOR PREPARED BY: STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC DEVELOPMENT SUBJECT: Award Emerald Cove Senior Apartments Capital Repair Project 2007 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: On February 2, 2007 bids were received for the Emerald Cove Senior Apartments Capital Repair Project 2007. Staff recommends award to AAA Restoration,. Inc., the lowest responsive and responsible bidder. Funding Source: Funds are budgeted in the Emerald Cove Enterprise Fund Account 50380101.64520. With contingency, the full project cost will be approximately $667,612.00; Recommended Action: Motion to: 1. Accept the lowest responsive and responsible bid submitted by AAA Restoration, Inc., in the amount of$606,920.00; 2. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and 3. Authorize the Director of Economic Development or the Director of Public Works, or his designee, to approve up to ten percent (10%) in construction change orders. Alternative Action(s): Reject all bids, and provide staff with alternative direction. This action would delay completion of the project. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 4/2/2007 DEPARTMENT ID NUMBER: ED 07-09 Analysis: The Emerald Cove Senior Apartment Complex was built by . the City of Huntington Beach over thirty years ago, in 1986, with the express objective of providing needed affordable housing for the City's low and very low-income senior residents. The complex is located at 18191 Parktree Lane and is comprised of nine two-story buildings that contain 164 studio and one-bedroom apartments and a single story clubhouse/office/laundry building (See Attachment 1 - map). The Emerald Cove facility is overseen by the Real Estate Property Division of the Economic Development Department and is currently being managed by The John Stewart Company, under a contract with the City. With the exception of a roof repair project completed several years ago, most of the maintenance at Emerald Cove has been provided on an as-needed basis by on-site maintenance personnel hired by the City's management company. However, more recently, it was brought to staff's attention that a large portion of the complex's external structural components have deteriorated to the point that they need to be repaired or replaced. Most of the damages sustained are due to normal wear and tear, exposure to the weather, and termite damage, and are to the extent that would be considered typical for a structure over thirty years old in a coastal area. Seeing the need to ensure the safety of Emerald Cove residents, in May of 2005 the City asked Western Seniors Housing, the City's manager at Emerald Cove at the time, to hire an experienced construction/engineering firm to perform a conditional site assessment of the complex. Western Seniors Housing hired Gafcon Inc. in September of 2005 to complete the site assessment phase of the project. The Conditional Site Assessment Report prepared by Gafcon, Inc., confirmed the need for safety-related repairs on the building, roof, and plumbing components within the facility and provided a cost estimate for the repairs. In July of 2006, the City contracted with Gafcon, Inc. to provide construction management services in connection with the remaining contract-bid and construction phases of the project. Since that time, Gafcon, Inc., as part of its construction management services, has been working with Emerald Cove on-site maintenance personnel to complete the minor repairs identified in the Conditional Site Assessment Report. The major repairs identified in the Report are generally described in Attachment 2 (Scope of Repairs) and will be addressed in the contract recommended to be awarded herein. Gafcon Inc., Economic Development staff, and Public Works Department staff generated necessary redesign plans and bids were formally solicited, in compliance with the public works construction services procurement process prescribed by the City, for the Emerald Cove Capital Repair Project 2007. Two bids were received which were publicly opened on February 15, 2007 by the City Clerk, as listed below in ascending order: Bidding Contractor Bid Amount Corrected Amount AAA Restoration, Inc. $590,677.00 $606,920.00 JK Construction $663,679.00 $663,679.00 Bid amounts were verified. The reference check for AAA Restoration, Inc. provided acceptable responses from past clients. The bid result was much more favorable than the -2- 3/21/2007 3:25 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 4/2/2007 DEPARTMENT ID NUMBER: ED 07-09 engineer's cost estimate. The reasons for this are explained in Attachment 3 (Original Estimate Variation). It is not expected that supplemental services by outside firms will be needed (i.e. soils and materials testing, corrosion analysis, etc.). However, due to unknown conditions that may be encountered while completing the repairs, authorization is requested by the Director of Economic Development or the Director of Public Works, or his designee, to expend up to ten percent (10%) (not to exceed $60,692.00) in construction change orders; this is the amount of contingency authorized for public works construction projects as per Resolution No. 2002- 119 and is also the amount being recommended by Public Works staff assisting with the project. The Emerald Cove Capital Repair Project 2007 will be monitored by a prevailing wage monitoring service provider, as required for publicly-funded construction projects. The project is expected to take six months to complete. The project will likely cause temporary inconvenience for the tenants at Emerald Cove; however, it is not anticipated that it will require the relocation of tenants. Tenant information meetings have been held and will continue during the project to help manage issues that may arise as a result of the project. Environmental Status: This project consists of rehabilitating an existing, City-owned facility and the project proposed involves the repair and replacement of existing building components only. The project is, therefore, Categorically Exempt pursuant to Class 2 Section 15302 (C) of CEQA. Attachment(s): City Clerk's . - Number No. Description 1. Location Ma 2. Scope of Repairs 3. Original Estimate Variation -3- 3/19/2007 3:04 PM ATTACHMENT # 1 ATTACHMENT 1 -MAP. EMERALD COVE SENIOR APARTMENT COMPLEX 18191 PARKTREE CIRCLE SITE MAP BHOOKSIMtf �� . LANE TAL$ERT $ AKM/E A - TRACT STOW GRAN y M-r.. {V O Lor l \ t66 AC. Lor A a 4716 AC 441 JTS A NO. 12063- - ----- (Da _�. (D NAPPY x Lor i = B^^- �ottA4 3 Lo�t-�? NR < Z?48 AC 6.1 c. i 6J AC O !,� 10•PEDESTRIAN 3 Act�ss Esw7 —_ — NO._12060 g- X ��1 IFkr I =10 mso WIN Ng "` " Complex Location Map 14 ATTACHMENT 1 -MAP (CONT...) EMERALD COVE SENIOR CITIZEN APARTMENTS `y EMERAW'COVE 1S COMPRISED OF 164 APAdR?'Mp "S WHICH INCLUDE 32 STUDIO UNITS AND 132 ONE- BEDROOM UNITS. THE PROJECT IS LOCATED ON A 4.2 ACRE SITE JUST A FEW HUNDRED FEET WEST OF$EACH C' BLVD.ON THE SOUTH SIDE OF TALBERT AVENUE. THE r• PROJECT OFFERS A UNIQUE GARDEN—LIKE SETTING WITH LOW-PROFILE BUILDINGS AND AN EXTENSIVE AMOUNT OF LANDSCAPING AND PEDESTRIAN WALKS TO THE ADJACENT TERRY PARK. CONVENIENT PARKING IS PROVIDED TO EVERY BUILDING WITHIN THE SITE. T Q. EMERALD COVE ALSO PROVIDES A CENTRAL RECREATION CENTER WHICH INCLUDES MEETING AND LOUNGE SPACE, THE RENTAL OFFICE,A LAUNDRY FACILITY AND A KITCHEN FOR COMMUNITY ACTIVITIES OF THE RESIDENTS. R r. •� Vf -ucairo CITY OF HUNTINGTON BEACH ATTACHMENT #2 gaf@@n ATTACHMENT 2 NOW MwapnW Scope of Repairs for Emerald Cove Apartments 10'—" City of Huntington Beach, CA. Wxduh,p PMVM ,m,, OonJnmrmn MunngWVM rievegpnmrntanagsmem The following is a summary of work to be addressed at Emerald Cove Apartments: , Site: Replacement of damaged sidewalk light poles,patio fences and posts,cracked cement patio slaps,parking lot curbs and mow strips. Building Exteriors: Replacement of damaged building siding,balcony railing and decks,unit storage doors,common area utility doors,damaged or missing stucco,and repairs to lower exterior steps to upper units. All balcony decks and stairs will receive installation and application of a new waterproof system,along with the installation of new gutters throughout the complex. Roof: Repairs will be done to the starter shingle at each roof eave location,Z-bar installed in locations where the material is missing and general roof maintenance on each building. Plumbing: Install natural gas seismic shut-offs on each building. Labor Cost: The City project is a prevailing wage project and will be monitored by City of Huntington Beach consultants Respectfully Submitted, Gafcon,Inc. Larry Reddel Sr.Project Manager 800 Wilshire Boulevard, Suite 950 Los Angeles, California 90017 (213) 593-1027 Fax: (213) 593-9084 SAN DIEGO • ORANGE COUNTY • LOS ANGELES ATTACHMENT #3 gaV@M] ATTACHMENT 3 Pf*0 MO MgMMIV Original Estimate Variation from Bid Amount tplmourq City of Huntington Beach, Emerald Cove Apartments N. h� gun Mam+gemert CurrihuMmn ManupaUN;iU UevabP�t MaiwpenlaM AAA Restoration's bid for the scope of work at the Emerald Cove community was lower than amount budgeted by City of Huntington Beach staff due to the following: • Gafcon(Project/Construction Manager)scheduled numerous site visits with outside consultants and contractors to inspect,discuss,and review repair options and cost savings that best serve our clients' budget and schedule. The major cost of repairs(approx. 85%)applied to the balcony railing replacement,deck and stair repairs,new waterproof system for balcony decks and stairs,along with complete gutter system replacement. As a result of the site meetings,destructive testing of existing systems, compatible waterproof deck application with existing and design changes, it was determined the best approach to repair decks would be to remove portions of the top deck to access post connections and inspect for dry rot on the balcony floor joists. Originally the repair was to be done from the stucco lid,requiring thousands of feet of stucco removal and replacement,which can be very costly. • Escalations of material and labor cost have stabilized from the past few years. • Request on-site maintenance company address minor and single repair items. • Address items that were priority,such as: fire and safety or immediate repairs and exclude long range needs at apartment complex. • Have outside contractors take care of items that the City is not responsible for, such as: sprinkler valve box covers,sprinkler timing wires,cable and telephone boxes,along with outside porch light replacement by So.Cal. Edison. City Permit fees were waived because work is being done on City-owned property. • Engineering fees were kept to a minimum by preliminary site meetings and destructive testing to determine best approach to cost saving repairs. Respectfully Submitted, Gafcon,Inc. �-Z •- r Larry Reddel S.Project Manager 800 Wilshire Boulevard, Suite 950 Los Angeles, California 90017 (213) 593-1027 Fax: (213) 593-9084 SAN DIEGO ORANGE COUNTY • LOS ANGELES RCA ROUTING SHEET INITIATING DEPARTMENT: Economic Development Department SUBJECT: Award Emerald Cove Capital Repair Project 2007 COUNCIL MEETING DATE: April 2, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement(w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorne ) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not A licable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Ap licable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS ' REVIEWED RETURNED FORWARDED Administrative Staff Deputy City Administrator Initial Cit Administrator Initial City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author: Terri King