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Empire Design & Build - 2026-07-07
RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to r City Clerk's Office (Name) .)61after signing/dating / (Date) % A in CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: j ( JZt.f SUBJECT: Bond Acceptance I have received the bonds for k`tA p Y-{'i 1>A4sj 61 _+ i ,I t 1 ` ._ L � (Comp ny Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. SL-I 2O2— Payment Bond (Labor and Materials) Bond No. sy Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved F J f 2A r'' (Council Approval Date) CC No. Agenda Item No. I ( S SR") MSC No. City Clerk Vault No. l0 CC. S( Other No. SIRE System ID No. 119 g:/forms/bond transmittal to treasurer 2000 Main Street, '�� TiNGTo�� Huntington Beach,CA 92648 City of Huntington Beach APPROVED 7-0 File #: 26-557 MEETING DATE: 7/7/2026 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Travis Hopkins, City Manager VIA: Chau Vu, Director of Public Works PREPARED BY: Joseph Pinel, Capital Projects Administrator Subject: Accept Lowest Responsive and Responsible Bid and Award Construction Contract to Empire Design & Build in the Amount of $480,000 for the Water Production Office Renovation Project, CC1767 Statement of Issue: On April 23, 2026, bids were publicly opened for the Water Production Office Renovation Project (CC -1767). City Council is requested to award the construction contract to Empire Design & Build, the lowest responsive and responsible bidder. Financial Impact: Based on the low bid received, the total estimated construction cost of this project is $613,880 as itemized below: Item Amount Bid submitted by Empire Design & Build $480,000 20% Contingency $96,000 Supplemental $37,880 TOTAL CONSTRUCTION COST: $613,880 Staff recommends awarding the construction contract to Empire Design & Build, in the amount of $480,000. Project funding is available in the current fiscal year budget within the Water Enterprise Fund, Account No. 50685204.82100. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Empire Design & Build in the amount of$480,000; and, City of Huntington Beach Page 1 of 3 Printed on 7/1/2026 powered by LegistarT"" 135 File #: 26-557 MEETING DATE: 7/7/2026 B) Authorize the Director of Public Works to Approve change orders up to 20% contingency in potential construction-related changes; and C) Authorize the Mayor and City Clerk to execute a construction contract with Empire Design & Build in a form approved by the City Attorney. Alternative Action(s): Reject all bids and provide staff with direction. Analysis: This project will enhance the water production offices and remediate water damage caused by roof failure in 2021. Upgrades to HVAC, plumbing and electrical systems will also be addressed. In addition, renovation will improve ADA accessibility and include a few new offices to accommodate existing staffing. Bids were opened on April 23, 2026, with the following results: Bidder's NameBid Amount Empire Design & Build $480,000 ABAJIAN ENTERPRISE $487,000 BlackStar Contractors $490,000 Global Builders Inc $498,888 Premo Construction Inc $554,810 KNM Design Build $582,428 Estate Design and Construction $584,600 RAMCO General Engineering $610,001 RDEPENDABLE CONST INC $622,000 S & R Builds, Inc $630,700 First Trade $631,100 Norse Corporation $665,000 Elegant Construction Inc. $674,000 Fl Foundations $674,500 The estimated project cost is $613,880, which includes the construction contract with Empire Design and Build, a 20% construction contingency, and supplemental expenses. Project funding is available in the current fiscal year budget within the Water Production Fund, Account No. 50685204.82100. Reference checks confirm that Empire Design & Build has successfully completed similar construction projects in the past. City of Huntington Beach Page 2 of 3 Printed on 7/1/2026 powered by LegistarT" 136 File #: 26-557 MEETING DATE: 7/7/2026 Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. RCA Contract Summary 2. Construction Contract 3. Vicinity Map 4. PowerPoint Presentation City of Huntington Beach Page 3 of 3 Printed on 7/1/2026 powered by LegistarT" 137 77 CITY OF HUNTINGTON BEACH ��I���UN`PeGTO'1''� u � • RCA Contract aa'�4-404k,^9 'fl2�., 1 Agreement Summary ;GF `;`��ol �OUNTV C"I/' GENERAL INFORMATION DATE PRESENTED REQUESTING DEPARTMENT July 7, 2026 PW- Engineering INSURANCE STATUS STAFF CONTACT[SJ In Review - Risk Management Joseph Pinel (ext. 5291) CONTRACT INFORMATION TOTAL COMPENSATION TERM OF CONTRACT/AGREEMENT $480,000 Construction Contract (90 Working Days) VENDOR NAME+TYPE OF SERVICE Empire Design & Build (Tenant Improvement) - Water Production Office Remodel (CC1767). TYPE OF AGREEMENT(Professional Services,Service Agreement] Construction Contract PROCUREMENT Public Bid. Opened April 23, 2026, fourteen submissions received. Notice of intent to award Empire Design & Build, lowest responsive and responsible bidder. SCOPE OF WORK Remediation of water intrusion from roof failure in 2021 . Updates to electrical, plumbing, HVAC, and data. Office and restroom reconfiguration. Improvements to existing infrastructure and ADA accessibility. OTHER:Bonds,Special Contract Terms,Emergency Insurance, Performance and Payment Bonds were obtained prior to project award. One-year Maintenance Bond provided at project closeout. II3HUNTINGTON BEACH 138 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND EMPIRE DESIGN&BUILD FOR WATER PRODUCTION OFFICE RENOVATION,CC1767 THIS AGREEMENT ("Agreement")is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and EMPIRE DESIGN & BUILD 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 Water Production Office Renovation in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: 1. STATEMENT OF WORK;ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or he encountered in the 1 16-5195/City Funded Construction Contract.docx—revised 04/2016 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), has inspected the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 2 16-5195/City Funded Construction Contract.docx—revised 04/2016 D. The edition of Standard Specifications for Public Works Construction, published by Builders'News,Inc., 10801 National Boulevard,Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications,Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-5195/City Funded Construction Contract.docx—revised 04/2016 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 Four Hundred Eighty Thousand _ Dollars ($ 480,000.00 ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten(10)working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within Ninety ( 90 )consecutive Working days from the day the Notice to Proceed is issued by DPW,excluding delays provided for in this Agreement. S. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 4 16-5195/City Funded Construction Contiect.docx—revised 04/2016 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 CON TRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason,relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 5 16-5195/City Funded Construction Contract.docx—revised 04/2016 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 C1TY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 6 16-5195/City Funded Construction Contract.docx—revised 04/2016 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 One-thousand ($ 1,000 ) per each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay(unless DPW shall grant a further period of time),notify DPW in writing of the cause of the 7 16-5195/City Funded Construction Contract.docx—revised 04/2016 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 delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL TIME OR MONEY. A. Definitions. (1) "Change Order"means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; 8 I6-5I 95/City Funded Construction Contract.docx—revised 04/2016 (b) Payment of money or damages arising from work done by,or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; (c) Payment of an amount the CITY disputes; (d) Any disputes and other matters relating to the acceptability of'the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT; or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires,floods, labor disputes,epidemics, abnormal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW(or his or her written designee). All Demands shall be submitted promptly, but in no event later than thirty(30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen(15)days 9 16-5195/City Funded Construction Contract.docx—revised 04/2016 after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested,whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer,in writing,either within fifteen(15)days of receipt of the City Engineer's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively,and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty(30) days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference, if the Demand remains in dispute,the CONTRACTOR may file a claim with the City as provided in Chapter 1 (commencing with Section 900)and Chapter 2(commencing with Section 910)of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his 10 16-5195/City Funded Construction Contract.docx—revised 04/2016 or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion,DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate,less the amount of all previous payments since commencement of the work,will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent(50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such 11 16-5195/City Funded Construction Contract.docx -revised 04/2016 sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT,as determined in its sole discretion by DPW,less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR,if unencumbered,or any part thereof unencumbered,shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided,however,that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law,each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR,who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in fall 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, 12 I6-5195/City Funded Construction Contract.docx—revised 04/2016 or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid(either by CONTRACTOR or any of its subcontractors)less than the prevailing wage rate established for that particular craft or type of work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 16-5195/City Funded Construction Contract.docx--revised 04/2016 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA EIGHT-HOUR LAW A. California Labor Code,Sections 1810 et seq,shall apply to the performance of this Agreement; thereunder, not more than eight (8)hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight(8) hours of labor per day or forty(40)hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one 14 16-5195/City Funded Construction Contract.docx—revised 04/2016 (1) calendar day or forty(40)hours in any one(1) calendar week in violation of California Labor Code Section 1815. 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number,work classification,straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any,shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 23. INDEMNIFICATION, DEFENSE,HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature,however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, 15 • 16-5195/City Funded Construction Contract.docx—revised 04/2016 arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 24. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 16 16-5195/City Funded Construction.Contract.docx—revised 04/2016 25. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend,hold harmless and indemnify CITY,CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees,agents,and volunteers(the"Additionally Insured Parties") as Additional Insureds,and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Five Thousand Dollars($5,000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5195/City Funded Construction Contract.docx—revised 04/2016 26. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 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, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 27. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten(10)days of receipt of such claim or claims. 18 16-5.195/City Funded Construction Contract.docx—revised 04/2016 28. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten(10)days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 29 and any damages shall be assessed as set forth in Section 29. 29. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven(7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience,the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's 19 16-5195/City Funded Construction Contract.docx—revised 04/2016 sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. DISPOSITION OF PLANS,ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 31. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement,or any part hereof,or any right or duty created herein,without the prior written consent of CITY and the surety. 32. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 33. STOP NOTICES.,RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall he provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100)for every Stop Notice filed in excess of two(2),regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 20 16-5195/City Funded Construction Contract.docx—revised 04/20I6 34. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant,or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices,certificates or other communications will be sent by notifying the other party via personal delivery,reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach EMPIRE DESIGN & BUILD ATTN:Joseph Pinel , Public Works ATTN: Farshad Farahani 2000 Main Street 1700 N. Community Dr.Suite 206 Huntington Beach, CA 92648 Anaheim, CA 92806 35. 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. 21 16-5195/City Funded Construction Contract.docx—revised 04/2016 36. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 37. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 38. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 39. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the 22 16-5195/City Funded Construction Contract.docx—revised 04/2016 context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 40. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 41. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 42. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 43. SURVIVAL Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement shall so survive. 44. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23 16-5195/City Funded Construction Contract.docx—revised 04/2016 45. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 46. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive aim's length negotiation,and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations,inducements,promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 24 16-5195/City Funded Construction Contract.docx—revised 04/2016 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on U U it �'' , 2Q , CONTRACTOR: CITY OF HUNTINGTON BEACH,a municipal co ration of the to of Calif g 'a By: rtw I/ si /I Os I C' Alcrot gap (Mariw Nka) ( Mayor (print name) A /Miry" ITS: Chairman/President/Vice-President City Clerk (circle one) INITIATED AND A ROVED: AND • By: E►1/4 0434711g g 60(i // Director of Public Works �aku� grakalu (,Wimpj y itke044 (print name) REVIEWED AND APPROVED: ITS: Secretary / Chief Financial Officer / Asst. Secretary/Treasurer (circle one) - City anager APPROVED AS TO FORM: �� .y L....._. See attached California Acknowledgment/jurat fc. City Attorney Statement. 25 16-5195/City Funded Construction Contract.docx—revised 04/2016 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ,� On CXQ (O ( 2i before me, GL- t)w , v /- Pd (- insert name and title of the officer) personally appeared 1k k� I! "�`� ersonall a u ray,_ ,ua(� �CGV�t who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CHAR�ESOAvio�iMENEz comm #2436189 - _� NOTARY PUBLIC•CALIFORNIA O ORANGE COUNTY ComORm.Expires Jan.28,2027 Signature (Seal) FXfr//B/T 'A ' SECTION C PROPOSAL for the construction of WATER PRODUCTION OFFICE RENOVATION CC No. 1767 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Electronic 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 m 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 bid prices provided in the electronic bid form included in PlanetBids.The official bid schedule is provided electronically through the City's PlanetBids system. All bidders shall submit pricing exclusively using the PlanetBids Bid Form. The PlanetBids bid form is hereby incorporated by reference into these bid documents and shall control for the purposes of bid evaluation and award. Failure to fully complete the PlanetBids Bid Form shall render the bid non-responsive. The undersigned agrees to complete the work within 90 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the PlanetBids Bid Form. 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 PlanetBids Bid Form are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses,taxes,royalties, fees,etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid,unit prices shall govern over extended amounts,and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid, find l 9/ "1" f'k.( in the amount of Y40_1.-.. which said amount is not less than 10%of the aggregate of the total bid price, as required'by the Notice Inviting Electronic Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total hid or SI0,IXX), whichever is greater, and the portion of the work to he done by such subcontractor. -Bid Name and Address of State Class DIR PWC Dollar % of Item(s) Subcontractor License Registration # Amount Contract ` Number 15 be. pl1lrib,h9 pp C-3( ` 5�he� la l6 14162 rlavwA M fwK 9/d4 g20000 X91 J 2 • 17 e In f-C9ta 4c1 -Tecltsd'J/ )0 fr 00 I Ill, 23_26 E►eclfiC 971025 $, /9oogl226 0000, 34�3 iZ�rtWe 2d r?_;,1O:3 Je, C.4 B A/ew 4 i 2wG C-2a )9_-2I .2142.1 9 - Yer4 S4- 905.2o) c--‘a /0000MIO 3 _/loroao° q /. ,,,r,4cft4✓1 Hw S, C A- C-3,S H?7ii° c_A 9! Yon rt�rrwo" �oao�39 �-o l /00a 53'J ft" 3/, 1 x521 034Zy'v-,• ;GA 9261 N By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State California that the foregoing is true and correct and that this declaration is executed ongYit21 ,at , CA Date City State _Ljchltd /710 k9 , being first duly sworn, deposes and says that he or she is oxikykmey of Crrpla, (k6,9rl Efazzi the party making the foregoing bi at the bid is not made in the intefest 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. cv pi✓+e Oess, ( d nAe�rr� Name/of Bidder Signature of Bidder goo AK 42niniVeli'l Or/MI Rom] O6gtr Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the WATER PRODUCTION OFFICE RENOVATION, (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. gm/67e Des;f" Ae Qvi't d Contractor 11/4 ProdifiA, By Title Date: 4-23 b C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes , No If the answer is yes, explain the circumstances in the space provided. il/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code,each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. [mpi/e rau'c d Contractor is c (a/U4t% By ,can ' Title Date: I/-23_9 C-7 11II)IWR'S INFORMATION BIDDER certifies that the following information is true and correct: Cr piYe Dew i'3o;1 d ac Biddc Name /Voo N. GootitA ta/ Suh'-IC.Zo/( Business Address ! Arta kink eA 9Me s6 City, State Zip ( 9M9 ) 42i—5-02( firs Pia,1e e tYe-lb-cow, Telephone Number Email Address p /o .og7o 6-tre .1 AS 61 State Contractor's License No. and Class l-16_?0 Original Date Issued /1- 3o-2( Expiration Date The work site was inspected by sl+t1,�I4) of our office on 40Ys'( /3 ,20226 The following are persons, firms, and corporations having a principal interest in this proposal: A/ilAm /*Soy&,' 1 ✓t4NC�yft' Tarrho 1 ma ittlev(, l 440Vaiffri The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. £p 'e n(3fn6$ 60.1,d Company Name Signature o idder Arb kJ-L r,,,kr Printed or Typed Signature C-8 3 NOTARY CERTIFICATE Subscribed and sworn to before me this 21 day of Aft I I , 202 State of 641 joihtU• ) County of O rAYIC ) On L /Z 1 / 2 02.6 before me, Cori-1-6.i Pc eYs, NOtav y Month, Day, and Year Insert Name and Title of Notary personally appeared Fa r,5 h Fq it a ha vi i Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. --IN PETE-RS GRIFFIN PETERS ` ' o COMM.k 2495580 WITNESS my hand and official seal. Z ORANGE COUNTY NOTARY PUBLIC-CALIFORNIAZ Q MY COMMISSION EXPIRES y v v v v JULY 27,'028- Signature S ature of Notary Public (PLACE NOTARY SEAL ABOVE) C-9 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of (Describe specific work and experience necessary for project. For example, "Construction of or tenant improvements on existing civic facilities.") Bidders are encouraged to submit supplern:atal relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. (, Iy .9‘) (nKtwood ( r11Afel lt►XCta+4O4) Name and Address of Public Agency Name and Telephone No. of Project Manager: ,'ev,N footaka ^(559)2a9M ii gap/000 -Teripki Irnpra1res.4N-3x_25 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: .WYL Li f/t tJeS eenc ra+i or) Ft�w�:r.y, priv.fA s,Ettek-rir.,1-4 r,.ot2ir9,Miltw0r►C Dewes1lr wir aor/s —_--_-- 2. 641G'trt da /a pluen-(e vn i e J 5c.it oa l (Ji,S4r,ck(,.5 9596(41-e AYr, c1.+y o f tnkot9, Name and Address of Public Agency Name and Telephone No. of Project Manager: 'I!//I1 M ppd rA22 y-26) 543- 396`j ø/, Y'5,000.` al/i6-119 Oe f&r4ish rh ewk-r e_2- 2 5 Contract Amount Type of Work Date Completed Provide additional project description to show simiia,work: con c'e{e rey(1K9, paint b09, Dry wolfs, na-g,�, 6rtadin9 &.UTf deh'irn Floort, y & m&i t-ors di e+rt•'r 3. (,',L i of eve-4✓/ or4- Bear;( (1.00 (1.-11'c ceiA4er,wevf oft) Name and Address of Public Agency Name and Telephone No. of Project M nager: K7/C Aube ) 3/j N21 Z 12 t aTea". AA VP' .)t'0 Y4 eYo 6 6- 3 o- Z6 Contract Amount Type of Work Date Completed Provide additional project description to show sini!ar work: R.,.fir)! Fpniny, Pivrhbi , A.e,•19 'e'er/I-601 Pa1nfi Fa-ttt c-to Bidder's Critical Staff Listed below are the names of the bidders proposed construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. ,tMha et RNAWAvv, - Name of proposed Project Manager Telephone No.of proposed Project Manager: ( '"3) N 21_ 6o2‘ iv otAihr,i-rµ44.l2eskoolll'laslooe?ono b{ linpniv,4- o-3 a. Project Name&Contract Amount Type of Work Date Completed J-/t'c n 4.a 140/014-C D viC+ 1t800,aa%, 80149 Peh+r6ishtwf 6-Z -a5 Project Name&Contract Amount Type of Work J Date Completed (pKej At/11i ploic4rItiaoiatcr m -r 10191bYckA• q_3 o-z5 Project Name&Contract Amount Type of Work Date Completed 2. /I mi✓ Name of proposed Superintendent Telephone No. of proposed Superintendent: (9N9) 3_ZLI_K 900 /alp l- I4 11. oeo. 76144+-710\ ' 6-30-Zi Project Name & Contract Amount Type of Work Date Completed O Na♦e*cla PpiAse � 4lN5` p 2--2 5 Project Name& Contract Amount Type oPWork Date Completed Ufe"o 1 mi4i°kt$c t ligool 000• T�vwt-f ? o1✓-ice. if- 3e— Z5 Project Name& Contract Amount Type of Work Date Completed C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20,2014,established a new public works Contractor Registration Program,which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through Junc 30 state fiscal year) with the California Department of Industrial Relations(DIR).Currently the annual non-refundable registration fee for Contractors is $400. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 https://www.dir.ca.gov/public-works/PublicWorksSB854.htm1 DIR's Contractor Registration Link—Call (844) 522-6734 https://www.dir.ca.gov/publ ic-works/contractor-regi strati on.html DIR's Contractor Registration searchable database: https://cadir.securc.force.com/ContractorSearch I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on,be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code,or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. ✓'' cesipi9M ; aufbi Contraactor `�-•i- rAYa io tM By 470.3 ha Qentfire-4,10-mi- Email _ AKA itafrv' ^/ Title Date: 14- 2 3-!,6 PWC Registration#: /boo 9o/366 C-12 CONTRACTOR PRE-QUAI.IFICA'I ION QUESTIONNAIRE 1. Flow many times in the last five years has your firm been asscsscd and paid liquidated damages idler completion of a project under a COI 2 3 4 .4+ construction contract with cithcr a public or private owner? (Explain on a separate sheet.Identify all such projects by owner,owner's address,date of completion of the project,amount of liquidated damages assessed and all other information necessary to fully explain the assc'smcnt of liquidated damages.) 2. How many times in thelast five years has your firm made any claim against a project owner concerning work on a project or payment fora 01 2 3 4 5+ contract and filed that claim in court or arbitration? (Explain on a separate sheet. Identify the claims)by providing the project name,date of the claim,name of the entity(or entities)against whom the claim was filed,a brief description of the nature of the claim,the court in which the case was filed and a brief description of the status of the claim[e.g."pending"or if resolved,a brief description of the resolution l.) 3. How many times in the last five years has CaIOSHA cited and assessed penalties against your firm for any"serious,""willful"or (( 1 2 3 4 5+ violation(s)or the federal Occupational Safety and Health Administration cited and assessed penalties against your firm for violation(s)of safety or health regulations? NO'T'E:If you have filed an appeal of a citation,arc:ti:e Occupational Safety and Health Appeals Board has not;,'et ruled on your appec.l,you need not include information about it. 4. How many times during the last five years,nas your firm been required to pay back wages and/or penalties related to state orfederal prevailing wage 01 2 3 4 5+ laws for work performed by your firm? (Explain on a separate sheet.Identify the claim(s)by providing the project name,date of the claim,name of the claimant,a brief description of the nature of the claim,the court in which the case was film and a brief description.of.he status of the claim[e.g. "pending"or,if resolved,a brief description of the resolution].) CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM: Empire Design & Build PROJECT: HB water production (Contractor Name) office renovation 1700 N Community dr#206 Street Address Anaheim, CA 92806 (City, State, Zip Code) TO: CITY OF HUNTINGTON BEACH DECLARATION Attached hereto is a true and correct copy Df the current Certificate of Insurance and Additional Insured Endorsement CG 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of Huntington Beach ("City") and the above-named Contractor ("Contractor") for the above-described project ("Project"). I declare under penalty of perjury under the laws of the State of California that the above statement is true and correct. Signed on (://7e , 20 � , at Alla4 OM( c Date) (Cit , State) (Signature of I i dual Who is Making Declaration) WARRANTY Contractor hereby warrants and agrees to maintain Products and Complete Operations Insurance in compliance with the insurance requirements of the Contract for the Project. Said insurance shall be maintained through and until the expiration of all Warranties provided by the Contractor. Said insurance shall contain Additional Insured Endorsement CG 2010 1185, naming the City as an additional insured. Contractor shall supply to the City, on at least an annual basis, a Certificate of Insurance and the aforementioned Endorsement evidencing continued coverage which meets the Contract requirements. Signed on af--0 /O A , 20 ) , at Af7oit( idl/ (Date) (City, State) CONTRACTOR: Name: E By: Name: (as fl�4L- Title: !Va11C/`"" �' _ �Y ® ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MLI/DDfYYYY) 6/4/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,(ho policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to(ho terms and conditions of the policy,certain policies may require an endorsement. A statement on thIs certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jason Simpson 1WAEL -- Tailored Insurance Services Inc ((PHONE Ea1i, 949-352-4850 AX Not: 866.822-8338 23785 El Toro Rd EiNAIL • Aooness; Jason®mytalloredint.com INSURER(S)AFFORDING COVERAGE — NAIL II Lake Forest CA 92630 INSURER A: State National Insurance Company Inc 12831 INSURED Infinity SelectlnsuranceCom an 20260 INSURER B: tY Company EMIRE DESIGN&BUILD LLC INSURER C:AmTrust Insurance Company 15954 1700 N Community Dr Apt INSURER D 206 - -- —'" INSURER E:_ Anaheim CA 92806 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I —._. LTR TYPE OF INSURANCE —luso t Dom— POLICY EFF POLICY EXP LIMITS INSD two POLICY NUMBER (MIADD/YyYYJ [NMVDO/YYYY)- X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE f 1.000.000 1 CLAIMS-MADE �Xl OCCUR 'DAMAGE TO RENTED 50,000 PREMISES We occurrence) 8 -- - ._-___. MET)EXP(My one penal) f 5,000 A I _ X X R850339641 11/02/2025 11/02/2026 PERSONAL IADVINJURY f 1.000,000 GENL AGGREGATE LIMIT APPLIES PEP, GENERAL AGGREGATE $ 2,000,000 X PGLICY JEC07 C]LOC 2,000,000 PRODUCTS-COMP/OP AGO S OTHER S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO (Be accident) ,__ __ BODILY IIIJURY(Per person) $ B OWNED v_AUTOS ONLY X AUTOSVLED X X 50013880401 08/26/2025 08/26/2026 BODILY INJURY(Per accident) f r HIRED NON-OWNED PROPERTY DAMAGE s X AUTOS ONLY X AUTOS ONLY (Per eccit(*nt) S UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS MAD CLAIMS-MADE AGGREGATE S _---_- -_--- DEO i IRETENTIO:IS _ f WORKERS COMPENSATION AND EMPLOYERS'MAMMY Y/N XI STATUTE I ERH c M PROPRIETOR/r'ARTNE R./EXECUTIVEE.L.EACH ACCIDENT $ 1.000,000 OFFICEMAEMaEREXcwUDEOT [Y NIA X KWC1448766 06/01/2026 06/01/2027 — (Mendetary In NH) E.L.DISEASE-EA EMPLOYEES 1,000,000 If yyees,dmm,be under 0 SCRIPTIOTI OF OPERATIONS hew, E.L.DISEASE-POLICY LIMIT S_ Each Occurence Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORO 101,Additional Remarks SOMdelo,may be attached II mere space Is required) ��;�ttcccyyy,,, The City of Huntington Beach,its elected and appointed officials,officers,employees,agents and volunteers are Included as additional Insured_vdt s EP bI ity arising out of the named insureds operations. 'APPROVED AS To $AAM\v\ i3y: �\ MICHAEL J.VIGLIOTTA CITY ATTORNEY CERTIFICATE HOLDER CANCELLATION .TT-"'UF HUNTIN©TON 13EACI I --- --- City of Huntingon Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITII THE POLICY PROVISIONS. 2000 Main Street Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE 94:241-05W, / (/ ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The/WORD name and logo are registered marks of ACORD Underwritten by Scottsdale Insurance Company ENDORSEMENT NO. 2 ATTACFORMING APARTO ENDORSEMENT EFFECTIVE DATE AGENT NO. D TO AND FORMING A PAR!OF 112:01 A M.STANDARD TIME) NAMED INSURED POLICY NUMBER RBS0339641 06/18/2026 EMPIRE DESIGN&BUILD LLC 047BZ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ADDITIONAL INSURED-ONGOING OPERATIONS-PRIMARY AND NON-CONTRIBUTORY-OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Additional Insured Person(s), Location(s)Of Covered Operations Entity(ies)Or Organization(s): City of Huntington Beach.its officers elected or appointed 19001 Huntington St.,Huntington Beach,CA 92648 officals employees agents and vo unteers. 200 Main St. Huntington Beach,CA,92648 SECTION II-WHO IS AN INSURED, paragraph C. is amended to include, for COVERAGE A—BODILY INJURY, PROPERTY DAMAGE, PERSONAL INJURY AND ADVERTISING INJURY LIABILITY only,as an additional insured, the person, entity or organization designated in this endorsement for whom the Named Insured is performing ongoing operations only when the Named Insured has agreed with the person, entity or organization in an insured contract to name the person, entity or organization as an additional insured. 1. Such person,entity or organization is only an additional insured with respect to liability for bodi- ly injury or property damage caused, in whole or in part, by the ongoing operations of the Named Insured performed for the additional Insured at the designated location. 2. The insured contract must be currently in effect or become effective during the policy period, be exec.oed prior to the bodily Injury or property damage first happening, and be between the Named Insured and the additional insured. 3. This coveragedoes not apply to bodily injury or property damage after: a. Your work for the additional insured has been completed;or b. That portion of your work out of which the bodily injury or property damage arises has been put to its intended use by any person or organization. 4. The applicable limit of our liability shall not be increased by the inclusion of the additional in- sured under the policy. 5. We shall have no duty to indemnify the additional insured for damages,ciaims or any other lia- bilities arising from actions,inactions,errors or omissions of the additional insured. Nationwide SDS-9(1-19) Page 1 of 2 •��� 6. Our duty to indemnify the additional insured under an insured contractpursuant to this en- dorsement shall be limited to that sum derived by applying the percentage of fault of the Named Insured as determined by the trier the trier-of-fact to the total damage sum allocated by the trier- of-fact to the additional insured.Under no circumstances shall we pay more than this proportio- nate contractual indemnity share. 7. Any indemnity payments made on behalf of any additional insured under art insured contract shall reduce the applicable limits of insurance on a dollar for dollar basis. Any indemnity pay- ments paid to or on behalf of the additional insured pursuant to this endorsement are subject to the terms,conditions and limitations of the policy. 8. This endorsement does not create a duty on our part to defend the additional insured or to par- ticipate in,contribute to, or reimburse any person,organization or entity for any fees or expenses incurred in the defense of the additional Insured. SECTION IV---COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition B.INSURED'S DUTIES IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUITof the policy is amended to include: An additional insured under this endorsement shall in addition to complying with all provisions of the policy: 1. Give written notice to us of an occurrence or an offense which may result In a claim or suit with- in thirty(',3)days 3f notice to the additional insured. 2. Give written notice to us of a claim or suit brought against the additional insured within thirty (30)day^ of the additional insured being served with the claim or suit. 3. Give written notice to any other insurer who has or may have coverage under its policy or policies for a claim,suit or demand for defense or indemnity within thirty (30) days of the additional in- sured be•-.g served with the claim,suit or demand for defense or indemnity.Such notice must demand the full coverage available under the poticy.The additional insured will not take any ac- tion to waive or limit such other coverage available to it. 4. Obtain and provide to us copies of each and every policy from each and every insurer identified pursuant to the preceding paragraph. The cove'a-e p-^Adel by this endorsement is primary and nor-contributory and no insurance held or owned by the additional insured shall he called upon to cover damages under this policy up to the limits of this policy but only if the bodily injury or property damage under this policy is caused directly, in whole or in part, from your ongoing operations performed for the additional insured. This endorsement is subject to all terms, conditions and exclusions of the policy, which remain unchanged. / 06/18/2026 AUTHORIZED REPRESENTATIVE DATE Nationwide` SDS-9(1-19) Page 2 of 2 Underwritten by Scottsdale Insurance Company ENDORSEMENT NO. 2 ATTACHED TO AND FORMING A PART OF ENDORSEMENT EFFECTIVE DATE NAMED INSURED AGENT NO. POUCY NUMBER (1701 A.M.STANDARD TIME) RBS0339641 06/18/2026 EMPIRE DESIGN&BUILD LLC 047BZ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organization(s): City of Huntington Beach.its officers,elected or appointed 19001 Huntington St.,Huntington Beach,CA 92648 officials,employees.agents and volunteers 200 Main St.Huntington Beach,CA,92848 SECTION II-WHO IS AN INSURED, paragraph C. is amended to include, for COVERAGE A—BODILY INJURY,PROPERTY DAMAGE, PERSONAL INJURY AND ADVERTISING INJURY LIABILITY only,as an additional insured, the person, entity or organization designated in this endorsement for whom the Named Insured has performed operations only when the Named insured has agreed with the person, entity or organization in an insured contract to name the person, entity or organization as an additional insured. 1. Such person,entity or organization is only an additional insured with respect to liability for bodi- ly Injury or property damage caused,in whole or in part,by your work at the location designat- ed in this endorsement performed for the additional insured under the insured contract and included in the products-completed operations hazard. 2. The insured contract must be currently in effect or become effective during the policy period, be executed prior to the bodily injury or property damage first happening, and be between the Named Insured and the additional insured. 3. The app''cable limit of our liability shall not be increased by the inclusion of the additional in- sured under the policy. 4. We shall have no duty to indemnify the additional insured for damages,claims or any other lia- bilities arising from actions,inactions,errors or omissions of the additional insured. 5. Our duty to indemnify the additional insured under an insured contractpursuant to this en- dorsemerTt shall 1:e limited to that sum derived by applying the percentage of fault of the Named Insured Nationwide' SDS-3(1-19) Page i of 2 as determined by the trier the trier-of-fact to the total damage sum allocated by the trier-of-fact to the additional insured. Under no circumstances shall we pay more than this proportionate in- demnity share. 6. Any indemnity payments made on behalf of any additional insured under an insured contract shall reduce the applicable limits of insurance on a dollar for dollar basis. Any indemnity pay- ments paid to or on behalf of the additional Insured pursuant to this endorsement are subject to the terms,conditions and limitations of the policy. 7. This endorsement does not create a duty on our part to defend the additional insured or to par- ticipate in,contribute to,or reimburse any person,organization or entity for any fees or expenses incurred in the defense of the additional insured. SECTION IV-COMMERCIAL GENERAL LABILITY CONDITIONS, Condition B. INSURED'S DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE,CLAIM OR SUIT of the policy is amended to include: An addition?i insured under this endorsement shall in addition to complying with all provisions of the policy: 1. Give written notice to us of an occurrence or an offense which may result in a claim or suit with- in thirty(.3^t Lays of notice t-e additional i'iet red. 2. Give written notice to us of a claim or suit brought against the additional insured within thirty additional insured berg ser•.'^d with the claim or suit. 3. Give written notice to any other insurer who has or may have coverage under its policy or policies for a claim,suit or demand for defense or indemnity within thirty (30) days of the additional in- sured being served with Ms' cIalm,suit or derrard for defense or indemnity. Such notice must demand the full coverage available under the policy.The additional insured will not take any ac- tion to waive or lindt such other coverage available to it. 4. Obtain and provide to us copies of each and every policy from each and every insurer identified pursuant to the praceding paragraph. This endorsement is subject to all terms, conditions and exclusions of the policy, which remain unchanged. 06/18/2026 AUTHORIZED REPRESENTATIVE DATE Nationwide SDS-3(1-19) Page 2 o:2 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person.^r ;r zafui rimed in the Schad,;le.(This agreement trp;.I s only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described In the Scher:ale. The additional premium for this endorsement shall be 2%of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organist c, ;. :r•itten contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 6/1/2026 Policy No. KWC1448766 Endorsement No. 0 Insured EMPIRE DESIGN BUILD LLC Premium$ 12,017 Insurance Company AmTrust Insurance Company Counfe'signed by_f__ ---- WC 04 03 06 (Ed.04-84) Bond premium is subject to change based on the final contract amount Bond No. 54259702 Premium: $8,200.00 Executed in Duplicate PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereafter referred to as"City") has, by written agreement dated Jul./ -4' , 20 26 , entered into a contract with Empire Design & Build LLC - 1700 N Community Dr Ste 206 Anaheim, CA 92806 (Contractor's Name and Address) (hereafter referred to as"Principal")for performance of the work described as follows: Water Production Office Renovation, CC1767 (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full; and Said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as"Surety"); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies, such as from A.M. Best, Moody's, or Standard & Poor's, to validate that Surety has positive ratings of being secure or stable; and Surety is registered and listed with the California Department of Insurance, NOW,THEREFORE, we, the undersigned, as Principal, and United Fire& Casualty Company- P.O. Box 73909, Cedar Rapids, IA 52407-3909 (Surety's Name and Address) as Surety, are held and firmly bound unto City in the penal sum of Four Hundred Eighty Thousand and No/100 Dollars ($480,000.00 ), this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States,for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as"Obligees")from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract or contract price, and any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees 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. 15-4584/117174 Page 1 of 2 Bond No, 54259702 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 party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: June 4. 2026 ATTEST Empire Design & Build LLC [Corporate Seal] 1700 N Community Dr Ste 206 Anaheim, CA 92806 (Principa a e) By: Name: pa,ti lucd 171f4 Itttt4 Title: Akit ATTEST United Fire & Casualty Company [Corporate Seal] P O. Box 73909. Cedar Rapids, IA 52407-3909 (Surety Name) By: Name: Thao Luu, Attorney-In-Fact (Signature of Attorney-in-Fact for Surety) (319) 399-5700 (Attach Attorney-in-Fact Certificate) (Area Code&Telephone Number for Surety) APPROVED IS TO FORM[ By: ( 1, Mich e]-d.'Vigliotta, City Attorney NOTES:This bond must be executed in duplicate and dated,all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 15-4584/117174 Page 2 of 2 PERFORMANCE BOND ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of O P \ \ G7 a On 0G 1 11° L� before me, f-\►larg, lkc-, ok) Ce \i'M �G� gVc-Ar_ Pti9:t L (insert name and title of the officer) personally appeared PC)c 5\C.,C G\CC" k n who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ter. ANDREW MAKOTO WITNESS my hand and o a seater CERVANTE$ tp Corar�.t 2V31881 / N .k`F NOTARYANGEC•CAUFORNIA ORANGE COUt1TY 5 V ',"� Mr COMM.ExP DEC 20,2026 f Signature (Seal) RA- ae_c-cc m BC)rc) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On JUN 0 4 2026 before me, Irene Luong , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Thao Luu Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the IRENE LUONG person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Notary Public-California ` `" Oraty CommissioneC°"n I certifyunder PENALTY OF PERJURY under the laws of •i,'�rj�� #25418611 " My Comm.Expires Dec 16,2029 I the State of California that the foregoing paragraph is true and correct. Witness my hand and o ci seal. Signature Place Notary Seal Above Signature.f•:ary Publi. I Irene Lu'. g 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 the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: tje UNITED FIRE&CASUALTY COMPANY,CEDAR RAPIDS,IA Inquiries: Surety Department UNITED FIRE&INDEMNITY COMPANY,WEBSTER,TX 118 Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY,LOS ANGELES,CA Cedar Rapids,IA 52401 NSURANCE CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company—See Certification) KNOW ALL PERSONS BY THESE PRESENTS,That United Fire&Casualty Company,a corporation duly organized and existing under the laws of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Company,a corporation duly organized and existing under the laws of the State of California(herein collectively called the Companies),and having their corporate headquarters in Cedar Rapids,State of Iowa,does make,constitute and appoint JAMES W. MOILANEN, YUNG T. MULLICK, P. AUSTIN NEFF, IRENE LUONG, EMILIE YOUNG, CHRISTINE WOOLFORD, DANIELLE HANSON, ALEXANDER R. HOLSHEIMER, THAO LUU, EACH INDIVIDUALLY their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $40,000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney,pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted shall expire ihe2nd day of Apr i 1 , 2026 un 1 ess sooner revoked by United Fire&Casualty Company,United Fire&Indemnity Company,and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of United Fire&Casualty Company,United Fire&Indemnity Company,and Financial Pacific Insurance Company. "Article VI-Surety Bonds and Undertakings" Section 2,Appointment of Attorney-in-Fact. "The President or any Vice President,or any other officer of the Companies may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Companies in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby,and the Corporate seal,may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal,when so used,being adopted by the Companies as the original signature of such officer and the original seal of the Companies,to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in-fact,subject to the limitations set of forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Companies thereto. The President or any Vice President,the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its „t,muIO0,�y' NUO lsoh,,i ,paw�IN6�� Vin, ,,,, °A'��. `4..,�.•'"°°b�itt,,,, `Q',.,1:11 f ;',yc vice president and its corporate seal to be hereto affixed this 2nd day of April , 2024 r'.m 2 ge CORPORATE =y CORPORATE Q� 2V Fa,,,= UNITED FIRE&CASUALTY COMPANY 1, -'- _ =f -•- G' -V ',9; :o �, .; 3, �; n ,9� '.:� UNITED FIRE&INDEMNITY COMPANY SEAL �`� SEAL ��'�•,`�,• ,e�.� �ao•P *�,�,�'� .-+uFoa��`��.� FINANCIAL PACIFIC INSURANCE COMPANY ,mm.woara State of Iowa,County of Linn,ss: BY: 4:t."-Z4 Vice President On 2nd day of April , 2024, before me personally came Kyanna M. Saylor to me known,who being by me duly sworn,did depose and say;that she resides in Cedar Rapids,State of Iowa; that she is a Vice President of United Fire&Casualty Company,a Vice President of United Fire& Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument; that she knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that she signed her name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. 4µ.t+ Judith A.Jones AI Iowa Notarial Seal f Commission number 173041 ?rn-i-Notary Public 00 I. My Commission Expires 04/23/2027 My commission expires:04/23/2027 I,Mary A.Bertsch,Assistant Secretary of United Fire&Casualty Company and Assistant Secretary of United Fire&Indemnity Company,and Assistant Secretary of Financial Pacific Insurance Company,do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof,and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 4th day of June ,10 26 �0F' UAr:'?, t '''';;N •/ �9 CORPORATE Viz Z„a, CORPORATE £ a..i414.CULT 2.,rF�:,o c =2 —•— .? ti.. —•— = :Z• :7 �� ast, 1936 ,��� SEAL � SEAL Y� ��.•.,n �. 2 ''' � RAPNf',0:4:4L. ``^ ''' �///,11,11�,�\.t.5. ``` '�''�,,,�,,F,,,,-�t.�° Assistant Secretary,FP ,,,,,In,,, uumu,,,, U F&C&UF&I&FI IC BPOA0045 122017 Bond No. 54259702 Executed in Duplicate Premium is listed on Performance Bond PAYMENT BOND (LABOR AND MATERIAL) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereafter referred to as"City") has awarded to Empire Design & Build LLC - 1700 N Community Dr Ste 206 Anaheim, CA 92806 (Contractor's Name and Address) (hereafter referred to as"Principal"), a contract("Contract")for the work described as follows: Water Production Office Renovation, CC1767 (Project Title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as "Surety"); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitation, as shown in said circular to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies, such as from A.M. Best, Moody's or Standard & Poor's, to validate that Surety has positive ratings of being secure or stable; and Surety has provided financial strength ratings from reputable companies, such as from A.M. Best, Moody's, or Standard & Poor's, to validate that Surety has positive ratings of being secure or stable; and Surety is registered and listed with the California Department of Insurance, NOW,THEREFORE, we, the undersigned, as Principal, and United Fire& Casualty Company- P.O. Box 73909, Cedar Rapids, IA 52407-3909 (Surety's Name and Address) as Surety, are held and firmly bound unto City in the penal sum of Four Hundred Eighty Thousand and No/100 Dollars ($480.000.00 ), this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code("Claimants")for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted,withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond; otherwise,this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. 15-4584/117357 Page 1 of 2 Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract,or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract,the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§2845 and 2849. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: June 4, 2026 ATTEST Empire Design & Build LLC [Corporate Seal] 170.0 N Community Dr Ste 206 Anaheim, CA 92806 (Principa Name) By: Name: rU itiz.L r{]7 / : Title: At ct Imo✓ ATTEST United Fire & Casualty Company [Corporate Seal] P.O. Box 73909, Cedar Rapids, IA 52407-3909 (Surety Name) By: ditli r�'(/�'//'!_-- Name: Thao Luu, Attorney-In-Fact (Signature of Attorney-in-Fact for Surety) (319) 399-5700 (Attach Attorney-in-Fact Certificate) (Area Code&Telephone Number for Surety) APPROVED AS TO FORM: , By: �.. Michael J. Vigliotta, City Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 15-4584/117357 Page 2 of 2 PAYMENT BOND ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California O p7 AO GE County of On O \\'\' before me,A,Vi)CN I �^1'° � Ivd�Gecva� � fJ IP° i L (insert name and title of the officer) personally appeared ("2\C^ CJ G 1 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. utmrp ANDREW MAKOTO CERVANTES WITNESS my hand a .d-o 'e'r�ea . ''' ; Cotm�.N 243188A rn N r'm ��} F NOTARY PUBLIC.CALIFORNIA (, / 40. ORANGE COUNTY MY Comm.Exc.DEG 20 20261 Signature (Seal) r P 1-72. o e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On JUN 0 4 2026 before me, Irene Luong , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Thao Luu Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the IRENE LUONG person(s), or the entity upon behalf of which the person(s) • '**. Notary Public•California acted, executed the instrument. -- Orange County 1z ny i' Commission#2541868 I certify under PENALTY OF PERJURY under the laws of — • My Comm.Expires Dec 16,2029 the State of California that the foregoing paragraph is true and correct. Witness my hand an offici. se-I Signature Place Notary Seal Above Signature of Not Public Iren Luong . 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 the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: fge UNITED FIRE&CASUALTY COMPANY,CEDAR RAPIDS,IA Inquiries: Surety Department UNITED FIRE&INDEMNITY COMPANY,WEBSTER,TX 118 Second Ave SE FINANCIAL PACIFIC INSURANCE COMPANY,LOS ANGELES,CA Cedar Rapids,IA 52491 NSURANCE CERTIFIED COPY OF POWER OF ATTORNEY I (original on file at Home Office of Company—See Certification) KNOW ALL PERSONS BY THESE PRESENTS,That United Fire&Casualty Company,a corporation duly organized and existing under the laws of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and Financial Pacific Insurance Company,a corporation duly organized and existing under the laws of the State of California(herein collectively called the Companies),and having their corporate headquarters in Cedar Rapids,State of Iowa,does make,constitute and appoint JAMES W. MOILANEN, YUNG T. MULLICK, P. AUSTIN NEFF, IRENE LUONG, EMILIE YOUNG, CHRISTINE WOOLFORD, DANIELLE HANS0N, ALEXANDER R. HOLSHEIMER, THAO LUU, EACH INDIVIDUALLY their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $40,000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney,pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted shall expire the 2nd day of April , 2026 unless sooner revoked by United Fire&Casualty Company,United Fire&Indemnity Company,and Financial Pacific Insurance Company. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of United Fire&Casualty Company,United Fire&Indemnity Company,and Financial Pacific Insurance Company. "Article VI-Surety Bonds and Undertakings" Section 2,Appointment of Attorney-in-Fact. "The President or any Vice President,or any other officer of the Companies may,from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Companies in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby,and the Corporate seal,may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal,when so used,being adopted by the Companies as the original signature of such officer and the original seal of the Companies,to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in-fact,subject to the limitations set of forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal the Companies thereto. The President or any Vice President,the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its �r��111r1R ,.�•usry , �Ot��1NDE:1/4" ,,.�`F�C�I�N6tq",, vicepresident and its corporate seal to he hereto affixed this A To 2nd day of April , 2024 � _ `Q`�G00 rya o coRroRArE _w CORPORATE _ UNITED FIRE&CASUALTY COMPANY 3= 9B8 = UNITED FIRE&INDEMNITY COMPANY SEAL 1 414 SEAL `� gy•,�,'`tFOPa\r.'=, FINANCIAL PACIFIC INSURANCE COMPANY ""•RArNa`,P ""ikLIgiur;0% %,,, "nmw�" unuuunao• BY: ist.."--./f < State of Iowa,County of Linn,ss: Vice President On 2nd day of April , 2024, before me personally came Kyanna M. Saylor to me known,who being by me duly sworn,did depose and say;that she resides in Cedar Raptds,State of Iowa;that she is a Vice President of United Fire&Casualty Company,a Vice President of United Fire& Indemnity Company, and a Vice President of Financial Pacific Insurance Company the corporations described in and which executed the above instrument; that she knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that she signed her name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. ?: (*oat J Judith A.Jones Iowa Notarial Seal Commission number 173041 Notary Public ar► My Commission Expires 04/2312027 My commission expires:04/23/2027 I,Mary A.Bertsch,Assistant Secretary of United Fire&Casualty Company and Assistant Secretary of United Fire&Indemnity Company,and Assistant Secretary of Financial Pacific Insurance Company,do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 4th day of June ,20 26 s 'u1'''NptGb �� " ,°an11N$'n y,m•IS, l > �1NDE,y",T}'i g# CORPORATE cORPORA7E �uLVu O..O- =U: :L= B :7 SEAT. s� SEAL ' '- Z`•.P .r:29 �'%, 64,. �y"w°e., e °. S,,...;f�/FOP?'�,.`` Assistant Secretary, OF&C&UF&1&EPIC 4gIntN`��O BPOA0045 122017 cro CITY O F 1 � ''�euu�iii••:yam Igr 1% HUNTINGTON BEACH FCppNTy C;�i'o Lisa Lane Barnes I City Clerk July 20, 2026 Empire Design & Build Attn: Farshad Farahani 1700 N. Community Dr. Suite 206 Anaheim, CA 92806 Re: Water Production Office Renovation, CC1767 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 fo- 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 reiease of retention funds, please call the Public Works Department at 714-536-5517. Sincerely, Donna Switzer Senior Deputy City Clerk Enclosures Office: (714) 536—5405 I 2000 Main Street, Huntington Beach, CA 92648 I www.huntingtonbeachca.gov RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) , in CITY OF HUNTINGTON BEACH O INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: T'(Zf2 I2.J0 SUBJECT: Bond Acceptance I have received the bonds for I l (Com ny Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. SLf 2.S�)1-O2_ Payment Bond (Labor and Materials) Bond No. 5h 2-5'1 -102-- Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved �I t jZLO (Council Approval Date)CC No. Agenda Item No. RP ( 2V — S S+\ 1 MSC No. City Clerk Vault No. (D 00. SO 11 Other No. SIRE System ID No. 0 g:/forms/bond transmittal to treasurer =A1 Document A310TM — 2010 Bid Bond No: N/A Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Empire Design&Build LLC of business) 475 Duranzo Aisle United Fire&Casualty Company Irvine,CA 92606 P.O.Box 73909 This document has important legal Cedar Rapids,IA 52407 consequences.Consultation with OWNER: an attorney is encouraged with (Name,legal status and address) respect to its completion or City of Huntington Beach modification. 2000 Main St., Huntington Beach,CA 92648 Any singular reference to Contractor,Surety,Owner or BOND AMOUNT:Ten Percent of the Total Amount Bid(10%of Total Bid Amount) other party shall be considered plural where applicable. PROJECT: (Name,location or address, and Project number,if any) WATER PRODUCTION OFFICE RENOVATION Project Number,if any: 1767 The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 20th day of April 2026 Empire Design&Build LLC (Principal) (Seal) (Witness) rA i41#0 rualtila (Title) United Fire&Casualty Company (Surety) (Seal) (6f'i (Title)Thao Luu Attorney-in-Fact AIA Document A310"-2010.Copyright O 1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA' Init. Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of it,may result in severe civil and criminal penalties•and will be prosecuted to the maximum extent possible under the law.This document was created on 01/27/2012 07:23:12 under the terms of AIA Documents-on-Demand' order no. 2008397483,and is not for resale.This document is licensed by The American Institute of Architects for one-time use only,and may not be reproduced prior to its completion.na,,,n ACKNOWLEDGMENT A notary public or othe(officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document. State of Calif rnia County of r `r o1/4,(N ) On LI 7— )/2-02-(0 before me, (O c —f Pe, r S 1 Po r1 Poi)I •c- (insert name and title of the officer) personally appeared r arS\A0,G_ I r a ro,`/\0 • who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. • GRIFFIN PETERS • COMM.#2495580 WITNESS my hand and official seal. z ,r ORANGE COUNTY NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES h q__ JULY 27,2028 J1 Signature 1 • • (Seal) • ... ,.:� .J-t!!eA:.st#+s:nlY'.91e1'�11r.lrk'y1.. v..t`,..,'i.nLni�n"e'`'1: T•'trl� x.�^.w[!�ar M,-"., ur".17r.rI4Wr -.;FR7ca-.R..ca_nW?u+r _.7:2{.Y .Irs�n-tR ..'ne:.1w .lf..•!ttn,r..:.n"-a...n.: r.wrr!y:< CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On A PR 2 C 2026 before me, Irene Luong , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Thao Luu Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) ✓ °`�� IRENE LUONG acted, executed the instrument. W Notary Public-California i Orange County F I certify under PENALTY OF PERJURY under the laws of ='' i° Commission it 2541868 the State of California that the foregoing paragraph is true "� My Comm.Expires Dec 16,2029 and correct. Witness my hand a d o ial se. Signature Place Notary Seal Above Signature of otary Pu.is If ne Luon. 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 the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: UNITED FIRE&CASUALTY COMPANY,CEDAR RAPIDS,IA UNITED FIRE&INDEMINITY COMPANY,WEBSTER,TX INSURANCE FINANCIAL PACIFIC INSURANCE COMPANY,ROSEVILLE,CA POWER OF ATTORNEY To verify the authenticity of this Power of Attorney,please contact us at UFG Insurance,118 Second Ave SE,Cedar Rapids,IA 52401 telephone(800)343-9130 or email surety@unitedfiregroup.com THIS POWER OF ATTORNEY IS VOID IF ALTERED To notify us of a claim,please contact us at surety aet nitedfrregroup.com KNOW ALL PERSONS BY THESE PRESENTS,That United Fire&Casualty Company,a corporation duly organized and existing under the laws of the State of Iowa;United Fire&Indemnity Company,a corporation duly organized and existing under the laws of the State of Texas;and Financial Pacific Insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies),and having their corporate headquarters in Cedar Rapids,State of Iowa,does make,constitute and appoint JAMES W. MOILANEN, YUNG T. MULLICK, P. AUSTIN NEFF, IRENE LUONG, EMILIE YOUNG, CHRISTINE WOOLFORD, DANIELLE HANSON, ALEXANDER R. HOLSHEIMER, THAO LUU, EACH INDIVIDUALLY their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign,seal and execute in its behalf all lawful bonds,undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $40,000 000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney,pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted by United Fire&Casualty Company,United Fire&Indemnity Company,and Financial Pacific Insurance Company shall expire as of the 23rd day of February, 2028 unless sooner revoked. This Power of Attorney has been duly made,executed and delivered pursuant to, and in accordance with,the articles of incorporation,bylaws, and other governing documents of each of the respective Companies,and by authority therein granted and under applicable corporate law. IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its officer and its corporate seal to be hereto affixed this 23rd day of February, 2026. ifff•... "'�" By: jt .€a 4 I te.,g Kyanna M r,Vice Pr ident of ,•' ,. . • ,,,. E United Fire&Casualty Company �•.,, ! `� United Fire&Indemnity Company Financial Pacific Insurance Company State of Iowa,County of Linn,ss: On this 23rd day of February, 2026,before me personally came Kyanna M.Saylor to me known,who being by me duly sworn,did depose and say;that she is a Vice President of UNITED FIRE&CASUALTY COMPANY,a Vice President of UNITED FIRE&INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY,the corporations described in and which executed the above instrument that she knows the seal of said corporations;that the seals affixed to the said instrument are such corporate seals; that these seals were so affixed pursuant to authority given by the Boards of Directors of said corporations and that she signed her name thereto pursuant to Ile authority, and acknowledges same to be the act and deed of said corporations. "A-41 ��• ,t Judith A.Jones Notary Public: i� G � C number Notarial Seal Commission number 173041 My commission ex s: 04/23/2027 owk My Commission Expires 04/23/2027 I,Mary A. Bertsch,do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and that the said Power of Attorney has not been revoked and is now in full force and effect In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of each said Com any this 20th day of April 2026 uuwr A ;rte �, ._......r By: f� C°"°`"R y ; r°a'°""^ � i 3'� �'•gg Mary A.Bertsch, sistant Secretary of s- _ nw _ United Fire&Casualty Company 1i fl# , tt�, United Fire&Indemnity Company Financial Pacific Insurance Company BPOA0045 012026 No.2416-6 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that,pursuant to the Insurance Code of the State of California, United Fire&Casualty Company of Iowa, organized under the laws of Iowa,subject to its.4rtides of Incorporation or other fundamental organizational documents,is hereby authorised to transact within this State,subject to all provisions of this Certificate,the following classes of insurance: Fire,Marine,Surety,Plate Glass,Liability,Workers'Compensation, Common Carrier Liability,Boiler and Machinery,Burglary, Sprinkler,Team and Vehicle,Automobile,and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all,and not in violation ofany,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 WITNESS WHEREOF,effective as ofthe 16h day offuly,2014. I have hereunto set my hand and caused m y official seal to be affixed this 16*day of July, 2014. - - -, Dave Jones trarraaee Caaainioner 1 4271 /fr ,• d BY � Susan J.Stapp for Nettie Hoge air/Dopey NOTICE: Qualification with the Secretary of State must be accooipliched as required by the California Corporations Code promptly after issuance of this Certificate of Authority.Failure to do so will be a violation of Insurance Code sectioo 70I and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. Empire Design & Build 1700 N. Community Dr suite 206 Anaheim, CA 92806 Lic# 1070970 Ph: 949-426-5026 CITY OF HUNTINGTON BEACH OFFICIAL BID SECURITY - DO NOT OPEN Project Manager: ERIC TELLO Project Name: WATER PRODUCTION OFFICE RENOVATION CC #: 1767 Bid Opening Date: APRIL 23, 2026 at 10:00 AM ICJ Public Works Engineering 'L ) L')1 4 Ocean Point Dr. J i £ 4 t jj ..j .aa.i ...:., ij �. v. H..ws[4 ..«a 3. - >fLL1....• g l .c p i1 ea iii[. Garfield Ave-. i Ili ill Utilities Operations gg Ma t. �" & Warehouse l i t m 01 a . ... b t t 'fin i Project Location: ` " St Water Production p Offices - . Clearharbo ¢€ _ 1 �,1 ° ik St } 5a Trout St C 111_ __ � 1,4 f = i � 1 _ _.I I i t ... �"M$ 14 I ,._# .. t s 1s �� T I N G j�2 Water Production /1 $"!!* .11:16 `oflPOli Office Renovation `' CC - 1767 ___ =_„..._____ __ _________„,___„____ . _, _ • ___ _ __, _ ___ __ _ • --- - - - ____________"..., ___ _ _..., _ • _ _ • gz:c. _ , ,i„.4,0-ir7---.- , , ,,,, ,,r --. tee g= ` o •�� City Council Meeting (� �'�� AN• July 7 . 2026 ��UNTV C) ‘\ F) ro • ec ocait .i o n Ma -- Ocean Point Dr 'r '_ i _ { } Garfield Ave. . Utilities Operations ``' '` ' ,'` & Warehouse ",,riao ['reject Location. _a Water Production r Office t''L++arahavt,n _—..i H l j - - , .., _ ,, - - u; _ ' t i TrOiiriSt ,...- .. . '''� _�_ . x. I , ._ . $ //Iii ' O` •', G3 R4 Teo• V `10k .. : 1 c-.) .. s 2I. F Ff _. o \4(-/�I _4UNTY ��ii• 168 Water ro uc ionOffices m Last upgrades to space occurred in 2010 Y T �� „, • Utilities Ops Yard Upgrade Project • Year: 2021 � i Experienced roof failure causing ' ► water-leaks throughout production a f_ _, office facility a *i"---- - 4, 141.44 , _ _ ._ , _ Current Condition __ — • Holes in ceiling from water intrusion Outdated infrastructure f - - .--e r O,y • = -.17c. \\ . L) ice; \-1.".")'h '`E • ` =COUNTY c iii 169 Scope of or - • Rem ter intrusion • Reconfigure and add office space and plumbing - • Upgrade HVAC, Plumbing, and 3s '�iw a 4 :'. _� r__ ffnf electrical �, • Update facility to current ADA .w ''' I accessibility standards rte'" � . L''' if' , � � m *. r, .**::: lioNTIN T04/ " ° _ ''I o�f.•N�6FPORArF,'.. tTF�\ -7 14k ' �a• ��1.�-^ice - l D"-; _ f Q _c LINTY // ,, 170 Funding • Empire Design & Build : $ 480,000 • 20% Contingency: $ 96,000 • Supplemental Costs : $ 37, 880 $ 613 , 880 Current Funding Ilk • Water Funds (Business Unit 50685204) `�'�°�'- =- '�••���`�� 'F.8 ists 00 °UNT'. :04 11 171 P- i ‘ '. 1\ "r, /,1 a Y ' — / z r, zis T J ir �'4,J,,t, 1ro. 1, 'F T ' I L_i,.1 E `, ,i-5. `-lro- 1 t • , 7-logiummi , ._ -'" 1) . 0 ". sl.` 'ti\k'''.*"j'.. 1 (� CCC 1),u \11 cL. _ t E t.�� r�, il , - ,,N.,,,k-A9-4,,t-,.4,t',,,,,.?,,-, \ F'i`F i qd C,.. (I) O 0 a) Cokcnti 3J2 SECTION A 9uh : 4/2-120 NOTICE INVITING ELECTRONIC BIDS /ice for the construction of WATER PRODUCTION OFFICE RENOVATION CC No. 1767 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites electronic bids for the above stated project and will receive such bids prior to 10:00 AM on THURSDAY,APRIL 23,2026, on the City's PlanetBids System Vendor Portal, at which time or thereafter bids will be opened and made available online. Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on this project via the City's PlanetBids System Vendor Portal website at: https://www.planetbids.com/portal/portal.cfm?CompanylD=15340 Copies of the bid documents, including instructions to bidders, bidder proposal form, and specifications may be downloaded free at: https://www.planetbids.com/portal/portal.cfm?CompanyID=15340. Bidders must first register as a vendor on the City of Huntington Beach PlanetBids system to view and download the Contract Documents, to be added to the prospective bidders list, and to receive addendum notifications when issued. 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 available online at www.dir.ca.gov/DLSR and also on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount A-1 no less than 10% of the amount bid. For electronic submittal of bids, the bid security must be received at the City of Huntington Beach Public Works Office,2000 Main Street,no later than the bid opening date and time. The bid security must be submitted in a sealed envelope bearing the name and address of the bidder, and the outside of the envelope must read as follows: OFFICIAL BID SECURITY - DO NOT OPEN Project Manager: ERIC TELLO Project Name: WATER PRODUCTION OFFICE RENOVATION CC #: 1767 Bid Opening Date: APRIL 23, 2026, at 10:00 AM 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 B, at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: The WORK of this Contract will consist of an office renovation at the Water Production Office. The work will include reconfiguration of the men's and women's restroom into one large men's restroom with 12 lockers and one all gender restroom. Kitchen reconfiguration with new cabinets and fixtures. Relocation of existing water heater. Relocation of interior walls to create new offices and common areas. Refurbishment of existing skylights. Mechanical, electrical, and plumbing to accommodate new offices and common areas. The contract shall allow the Contractor NINETY (90) working days to complete the contract. Note that a MANDATORY pre-bid meeting will be held on MONDAY, APRIL 13, 2026 at 10:00 AM. Meeting location will be the Public Works Utilities Division Office at 19001 Huntington Street, Huntington Beach, CA 92648. All questions related to this bid solicitation must be submitted through the City's PlanetBids System Vendor Portal per the information provided in the Instructions to Bidders. Any other contact to City staff regarding this bid solicitation will be referred back to the PlanetBids system. 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. A-2 Column INTERIM AD DRAFT This is the proof of your ad scheduled to run in Huntington Beach Wave on the dates indicated below. If changes are needed, please contact us prior to deadline at (714) 796-2209. Notice ID: GNgGJUiTGfTOWPF6YL9b I Proof Updated: Mar.26,2026 at 10:18am PDT Notice Name: NIEB-CC No. 1767-Water Prod. Office Reno See Proof on Next Page This is not an invoice.Below is an estimated price,and it is subject to change.You will receive an invoice with the final price upon invoice creation by the publisher. FILER FILING FOR Donna Switzer Huntington Beach Wave donna.switzer@surfcity-hb.org (714)374-1649 Columns Wide: 5 Ad Class: Legals Total Column Inches: 48.61 Number of Lines: 100 04/02/2026:City Notices 738.11 04/09/2026:City Notices 738.11 Subtotal $1476.22 Tax $0.00 Processing Fee $0.00 Total $1476.22 NIEB - CC No. 1767 -Water Prod. Office Reno- Page 1 of 3 SECTION A NOTICE INVITING ELECTRONIC BIDS for the construction of WATER PRODUCTION OFFICE RENOVATION CC No.1767 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITYOF HUNTINGTON BEACH,as AGENCY, invites electronic bids for the above stated protect and will receive such bids prior to 10:00 AM on THURSDAY, APRIL 23,2026, on the City's PlanetBids System Vendor Portal,at which time or thereafter bids will be opened and made available online.Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on this protect via the City's PlanetBlds System Vendor Portal website at: https://www.planetbids.com/portal/porta I.cfm?Company I D=15340 Copies of the bid documents, including instructions to bidders,bidder proposal form, and specifications may be downloaded free at: https://www.planetbids.com/portal/portal.cfm?Company)D=15340.Bidders must first register as a vendor on the City of Huntington Beach PlanetBlds system to view and download the Contract Documents,to be added to the prospective bidders list,and to receive addendum notifications when issued. 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 Callfornla,which are available online at www.dlr. ca.gov/DLSR and also on file at the Office of the Director of Public Works,2000 Main Street, Huntington Beach,CA 92648. The AGENCY will deduct 5%retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code,Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids to response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it Is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashiers check, or bidders bond made payable to the AGENCY for an amount no less than 10%of the amount bid. For electronic submittal of bids,the bid security must be received at the City of Huntington Beach Public Works Office, 2000 Main Street, no later than the bid opening date and time.The bid security must be submitted in a sealed envelope bearing the name and address of the bidder,and the outside of the envelope must react as follows: OFFICIAL BID SECURITY-DO NOT OPEN Project Manager:ERIC TELLO L LO ProojectName:WATER PRODUCTION OFFICE RENOVATION CC#:1767 Bid Opening Date:APRIL 23,2026,at 10:00 AM The successful bidder shall be licensed In accordance with provisions of the Business and Professions Code and shall possess a State Contractors License Gass B,at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY.All extension of unit prices will be sublect to verification by the AGENCY. In case of a variation between the unit price and the extension,the unit price will govern. Project Description: The WORK of this Contract will consist of an office renovation at the Water Production Office. Tile work will include reconfiguration of the men's and women's restroom into one large men's restroom with 12 lockers and one all gender restroom. Kitchen reconfiguration with new cabinets and fixtures. Relocation of existing water heater. Relocation of interior walls to create new offices and common areas.Refurbishment of existing skylights.Mechanical,electrical,and plumbing to accommodate new offices and common areas. The contract shall allow the Contractor NINETY(90)working days to complete the contract. Note that a MANDATORY pre-bid meeting will be held on MONDAY,APRIL 13,2026 at 10.00 AM.Meeting location will bathe Public Works Utilities Division Office at 19001 Huntington Street, Huntington Beach,CA 92648. NIEB - CC No. 1767 - Water Prod. Office Reno- Page 2 of 3 All questions related to this bid solicitation must be submitted through the City's PlanetBids System Vendor Portal per the information provided in the Instructions to Bidders.Any other contact to City staff regarding this bid solicitation will be referred back to the PlanetBids system. The AGENCY reserves the right to relect any or all bids,to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. Huntington Beach Wave Published:4/2,4/9/26 NIEB - CC No. 1767 - Water Prod. Office Reno - Page 3 of 3 INCLUDES THE FOUNTAIN al VALLEY VIEW 1920 Main St. Suite 225, Irvine Irvine, California 92614 (714) 796-2209 legals@inlandnewspapers.com City of Huntington Beach -City Clerk's Office 2000 Main Street Huntington Beach, California 92648 Account Number: 5272431 Ad Order Number: 0011785842 Customer's Reference/PO Number: Publication: Huntington Beach Wave Publication Dates: 04/02/2026 and 04/09/2026 Total Amount: $1476.22 Payment Amount: $0.00 Amount Due: $1476.22 Notice ID: GNgGJUiTGfTOWPF6YL9b Invoice Text: SECTION A NOTICE INVITING ELECTRONIC BIDS for the construction of WATER PRODUCTION OFFICE RENOVATION CC No. 1767 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH,as AGENCY, invites electronic bids for the above stated project and will receive such bids prior to 10:00 AM on THURSDAY,APRIL 23,2026,on the City's PlanetBids System Vendor Portal,at which time or thereafter bids will be opened and made available online. Bids received after this time will be considered non- responsive. Prospective bidders must first register as a vendor and then bid on this project via the City's PlanetBids System Vendor Portal website at: https://www.planetbids.com/portal/portal.cfm?CompanylD=15340 Copies of the bid documents, including instructions to bidders, bidder proposal form,and specifications may be downloaded free at: https://www.planetbids.com/portal/portal.cfm? CompanylD=15340. Bidders must first register as a vendor on the City of Huntington Beach PlanetBids system to view and download the Contract Documents,to be added to the prospective bidders list,and to receive addendum notifications when issued.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 available online at www.dir.ca.gov/DLSR and also on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648.The AGENCY will deduct 5% NIEB -CC No. 1767 -Water Prod. Office Reno- Page 1 of 3 See Proof on Next Page rck INCLUDES THE FOUNTAIN / VALLEY VIEW Huntington Beach Wave 1920 Main St.Suite 225,Irvine Irvine,California 92614 (714)796-2209 2000 Main Street Huntington Beach,California 92648 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years,and not a party to or interested in the above-entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange County, State of California, on July 1, 1998, Case No. A- 185906 in and for the City of Irvine, County of Orange County, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: 04/02/2026,04/09/2026 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim,Orange County, California,on Date:Apr 9, 2026. Ca S ure NIEB -CC No. 1767 -Water Prod. Office Reno- Page 1 of 3 SECTION A NOTICE INVITING ELECTRONIC BIDS for the construction of WATER PRODUCTION OFFICE RENOVATION CC No.1767 In tl CITY OF HUNTINGTON BEACH PUBLICNOTICE IS HEREBY GIVEN thattheCITYOF HUNTINGTON BEACH,as AGENCY, Invites electronic bids for the above stated protect and will receive such bids prior to 10:00 AM on THURSDAY, APRIL 23,2026, on the City's PlanetBlds System Vendor Portal,at which time or thereafter bids will be opened and made available online.Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on this protect via the City's PlanetBids System Vendor Portal website at: httP$://Www.glanetbldS.COm/portal/portai.cfm7Company I D=15340 Copies of the bid documents, including instructions to bidders,bidder proposal form, and specifications may be downloaded free at: https:/fWWW.Planetblds.com/portal/portal.cfm9CompanyI D=15340.Bidders must first register as a vendor on the City of Huntington Beach PlanetBlds system to view and download the Contract Documents,to be added to the prospective bidders list,and to receive addendum notifications when issued. 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 available online at www.dir. ca.gov/DLSR and also on file at the Office of the Director of Public Works,2000 Main Street,Huntington Beach,CA 92648. The AGENCY will deduct 5%retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the Public Contract Code,Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms In conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashiers check, or bidders bond made payable to the AGENCY for an amount no less than 10%of the amount bid. For electronic submittal of bids,the bid security must be received at the City of Huntington Beach Public Works Office,2000 Main Street, no later than the bid opening date and time.The bid security must be submitted in a sealed envelope bearing the name and address of the bidder,and the outside of the envelope must read as follows: OFFICIAL BID SECURITY-DO NOT OPEN Protect Manager:ERIC TELLO Protect Name:WATER PRODUCTION OFFICE RENOVATION CC#:1767 Bid Opening Date:APRIL 23,2026,at 10:00 AM The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractors License Class B,at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY.All extension of unit prices will be sublect to verification by the AGENCY. In case of a variation between the unit price and the extension,the unit price will govern. Protect Description: The WORK of this Contract will consist of an office renovation at the Water Production Office. The work will include reconfiguration of the men's and women's restroom into one large men's restroom with 12 lockers and one all gender restroom. Kitchen reconfiguration with new cabinets and fixtures. Relocation of existing water heater. Relocation of interior walls to create new offices and common areas.Refurbishment of existing skylights.Mechanical,electrical,and plumbing to accommodate new offices and common areas. The contract shall allow the Contractor NINETY(90)working days to complete the contract. Note that a MANDATORY pre-bid meeting will be held on MONDAY,APRIL 13, 2026 at 10.00 AM.Meeting location will be the Public Malts Utilities Division Office at 19001 Huntington Street, Huntington Beach,CA 92648. NIEB -CC No. 1767 -Water Prod. Office Reno- Page 2 of 3 All questions related to this bid solicitation must be submitted through the City's PlanetBids System Vendor Portal per the information provided In the Instructions to Bidders.Any other contact to City staff regarding this bid solicitation will be referred back to the PlanetBlds system. The AGENCY reserves the right to relect any or all bids,to waive any Irregularity and to take all bids under advisement for a maximum period of 60 days. Huntington Beach Wave Published:4/2,4/9/26 NIEB-CC No. 1767-Water Prod. Office Reno- Page 3 of 3