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CC - Item 8B - Emergency Generator for City Hall - Contract Award
ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: NOVEMBER 9, 2010 SUBJECT: EMERGENCY GENERATOR FOR CITY HALL— CONTRACT AWARD SUMMARY As part of the City's Fiscal Year 2010 -11 Capital Improvement Program, the City Council approved funding to replace the existing undersized and inadequate standby generator at City Hall with a new 250 kW engine emergency generator. The existing backup generator at City Hall is 13 kW and only backs up a limited number of operational activities. Several electrical outlets/ utilities are not currently tied to the existing generator, including the majority of facility lighting, air conditioning system, computers and telecommunications devices. Upgrading the existing generator would allow City operations to be fully operational during a power outage or an emergency, for up to 72 hours per tank of fuel. The generator would be able to.remain operational for an extended period as it is refueled. Staff Recommendation It is recommended that the City Council: 1. Approve plans and specifications for this improvement project; 2. Reject the lowest bidder for a non - responsive and incomplete bid; and authorize the City Manager to enter into a contract with Gammill Electric Inc., as the lowest responsive bidder, for the City Hall Emergency Generator Project for the amount of $359,900; 3. Establish an amount of 10% of the contract amount ($36,000) as a contingency, to cover the potential cost of unforeseen site conditions. DISCUSSION Background The existing backup generator at City Hall, which was installed in 1967, is 13 kW and ffEM NO. 69 APPROVED FOR CITY COUNCIL AGENDA: City Council Meeting November 9, 2010. Paoe 2 of 4 only backs up a limited number of operational activities. Several electrical outlets/ utilities are not currently tied to the existing generator, including the majority of facility lighting, air conditioning system, computers and telecommunications devices. In fall 2009, the existing transformer surged, causing a temporary power outage. Following the outage, the City Council asked staff to research larger generator options that would allow City Hall to remain fully operational during an emergency. The proposed 250kW generator would allow City operations to be fully operational during a power outage or an emergency, for up to 72 hours. Proiect Details The design and specifications for the new generator is herein included (Attachment 1). The proposed generator would be located within the enclosed loading zone area at the southeast corner of the City Hall building. The proposed project includes the following improvements: • Removal of existing generator • Installation of a new, 250 kW generator in compliance with South Coast Air Quality Management District (SCAQMD), Los Angeles County Fire Department, and LA County Building Code requirements • Construction of a new concrete foundation slab, fuel containment area, and crash posts in front of generator • Reconstruction of existing block wall (east facing side adjacent to Bank of America parking lot) in the enclosed City Hall loading zone area • Installation of new underground electrical conduits and new automatic transfer switch • Providing temporary power to City Hall • Commissioning, testing and certification of new equipment On September 14, 2010, the City Council authorized staff to advertise and solicit bids. Subsequently, a notice inviting bids was published in local news publications and advertised to area contractors. At 11:00 A.M on October 20, 2010, the City Clerk publicly opened and read three (3) sealed bids with the following results: RANK CONTRACTOR LOCATION BID AMOUNT 1 Unique Performance, Inc. Costa Mesa, CA $ 350,000.00 2 Gammill Electric, Inc. Azusa, CA $ 359,900.00 3 Stronghold Engineering, Inc. Riverside, CA $ 437,215.00 City Council Meeting November 9, 2010. Pape 3 of 4 Staff thoroughly reviewed the bid documents for completeness and investigated each contractor's background and recent projects for competency. Staff has concluded that the bid submitted by Unique Performance Construction, Inc. is incomplete and non- responsive. This conclusion was reached based on the following finding: Lack of Required Experience /Non - Responsive Bid Documents Due to the critical nature of work involved in this project, the advertised bid specifications required that the bidder have previous experience in completing projects of similar scope to the City Hall Generator Project. Two sections of the bid specifications specifically address project experience including "Instruction to Bidders ", Section 23 (Page ITB -7) and "Contract Bid Forms ", Section 2.C, References (Page CBF -9). These sections require that as part of the bid submittal, the contractor must provide three (3) public agency references for similar work completed within the past two (2) years. The bid documents submitted by Unique Performance Construction, Inc. did not include similar previous experience as required in the bid specifications. In an attempt to comply with this requirement, Unique's bid submittal referenced only sidewalk, curb /ramp and traffic signal projects as past municipal work experience (Attachment 4 — Unique Bid Submittal). This type of work is not considered "similar" to the replacement and installation of emergency generators. Based on this finding, it is recommended that the City Council reject the lowest bid of $350,000 from Unique Performance Construction Inc., as non - responsive and incomplete. This action is in compliance with "Instruction to Bidders ", Section 26 (Page ITB -7) that allows the City to reject any or all bids if such action is in the best interest of the City. A letter explaining this recommendation was mailed and emailed to Unique Performance Construction Inc. on Wednesday, November 3, 2010 (Attachment 5). It is further recommended that the City Council award the contract to, Gammill Electric, Inc., as the lowest responsive bidder for $359,900. Gammill has successfully completed similar projects for several organizations, including three (3) public entities, as required. This information was included in Gammill's bid submittal, meeting the City's bid requirements. Gammill's bid amount is approximately 24% below the Engineer's Estimate of $475,000. Timeline If approved by the City Council, staff will work to complete this project according to the following schedule: November 9, 2010 — City Council Awards Contract • Place order for generator Secure permits from SCAQMD, LA County Fire, City Building Dept. City Council Meeting November 9, 2010. Paae 4 of 4 Chris Marcarello December 2010 /January 2011 —Construction February 2011 - Tentative Notice of Completion by City Engineer source of this project is general fund monies. FINANCIAL REVIEW Funding for this project has been approved in the City's FY 2010 -11 Capital Improvement Program budget as the "City Hall Generator Replacement'. The funding significant effect on the environment. ENVIRONMENTAL REVIEW The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 (a) of the CEQA Implementing Guidelines. This exemption covers projects involving minor alterations of land that do not have a Prepared by: Farid Hentabli Public Works Manager Submitted by: Construction Inc. and Letter from Company (6) Dunn and Bradstreet Report — Gammill Electric, Inc. and Unique Performance Construction, Inc. Director of Public Works Attachments: (1) Plans, Specifications, and Location Map (2) September 14, 2010 City Council Agenda Report (3) Bid Analysis (4) Bid Submittals (5) Bid Rejection Letter to Unique Performance Contesting Decision r ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CIITYY, COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: SEPTEMBER 14, 2010 SUBJECT: EMERGENCY GENERATOR FOR CITY HALL - AUTHORIZATION TO SOLICIT BIDS SUMMARY As part of the City's Fiscal Year 2010 -11 Capital Improvement Program, the City Council approved funding to replace the existing undersized and inadequate standby generator at City Hall with a new 250 kW engine emergency generator. • The existing backup generator at City Hall is 13 kW and only backs up a limited number of operational activities. Several electrical outlets/ utilities are not currently tied to the existing generator, including the majority of facility lighting, air conditioning system, computers and telecommunications devices. Upgrading the existing generator would allow City operations to be fully operational during a power outage or an emergency, for up to 72 hours. Staff Recommendation It is recommended that the City Council authorize staff to advertise and solicit bids to complete the construction and installation of the new generator. DISCUSSION Background The existing backup generator at City Hall, which was installed in 1967, is 13 kW and only backs up a'limited number of operational activities. Several electrical outlets/ utilities are not currently tied to the existing generator, including the majority of facility lighting, air conditioning system, computers and telecommunications devices. In fall 2009, the existing transformer surged, causing a temporary power outage. Following the outage, the City Council asked staff to research larger generator options .� that would allow City Hall to remain fully operational during an emergency. The proposed 250kW generator would allow City operations to be fully operational during a APPROVED FOR CITY COUNCIL AGENDA: !T.E 1 NO. 5 City Council Meeting September 14, 2010. Page 2 of 3 power outage or an emergency, for up to 72 hours. Project Details ` The design and specifications for the new generator is herein included (Attachment 1). The proposed generator would be located within the enclosed loading zone area at the southeast corner of the City Hall building. The proposed project includes the following improvements: • Removal of existing generator • Installation of a new, 250 kW generator in compliance with South Coast Air Quality Management District (SCAQMD), Los Angeles County Fire Department, and LA County Building Code requirements • Construction of a new concrete foundation slab, fuel containment area, and crash posts in front of generator • Reconstruction of existing block wall (east facing side adjacent to Bank of America parking lot) in the enclosed City Hall loading zone area • Installation of new underground electrical conduits and new automatic transfer • switch • Providing temporary power to City Hall • Testing and certification of new equipment The Engineer's Estimate for the construction of this project is: $476,000. Timeline If approved by the City Council, staff will work to complete this project according to the following schedule: September 16 23` d , 30 — Advertisement Advertisement of Project in Local Publications/Trade Journals October 6 th — Bid Opening Public Bid Opening for Project October 12 — City Council Awards Contract • Place order for generator • Secure permits from SCAQMD, LA County Fire, City Building Dept. 1., City Council Meeting September 14, 2010. • Page 3 of 3 January 2011 — Construction February 2011 - Tentative Notice of Completion by City Engineer FINANCIAL REVIEW Funding for this project has been approved in the City's FY 2010 -11 Capital Improvement Program budget as the "City Hall Generator Replacement ". The funding source of this project is general fund monies. ENVIRONMENTAL REVIEW The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 (a) of the CEQA Implementing Guidelines. This exemption covers projects involving minor alterations of land that do not have a significant effect on the environment. Prepared by: • Farid Hentabli Public Works Manager Submitted by: Chris Marcarello Director of Public Works Attachment 1- Plans and Specifications City or Rosemead Pubfic Works service Department/Engineering Division CitV of Rosemead CitV Hall Generator Protect CDBG Protect No. P 85329 Bid Analysts October 20. 2010 - 11:00 am Engineering Estimate: $475,000.00 Base Bid Schedule Unique Performance Construction Inc. - " Item IDescription I Unit I Orly I Unit Price I Total 1 Mobilization and Demolization LS 1 1 $ 40,000.00 $ 40,000.00 2 Demolition LS 1 $ 17,000.00 $ 17,000.00 3 Sitework LS 1 $ 17,000.00 $ 17,000.00 4 Concrete Slab and Masonry Wall LS 1 $ 55,000.00 $ 55,000.00 5 Generator Equipment Package LS 1 $ 112,000.00 $ 112,000.00 6 Interconnecting Fuel Pi LS 1 $ 17,000.00 $ 17,000.00 7 Electrical System Modification LS 1 $ 69,000.00 $ 69,000.00 8 Control and Instrumentation LS 1 $ 17,000.00 $ 17,000.00 9 Modification to Existing Structure LS 1 $ 1,000.00 $ 1,000.00 10 Total Cost of Other Miscellaneous Items to Complete Construction of City Hall Generator Replacement Project LS 1 $ 5,000.00 $ 5,000.00 Total Base Bid Price $ 350,000.00 Gammill Electric, Inc. _ - . _._. :_,._ _ .: ._._. -- _ _ - #2 _ Item Description Unit I Qty Unit Price Total 1 Mobilization and Demolization LS 1 $ 3,000.00 $ 3,000.00 2 Demolition LS 1 $ 23,000.00 $ 23,000.00 3 Sitework LS 1 $ 48,000.00 $ 48,000.00 4 Concrete Slab and Masonry Wall LS 1 $ 19,000.00 $ 19,000.00 5 Generator Equipment Packa LS 1 $ 96,650.00 $ 96,650.00 6 Interconnecting Fuel Piping , LS 1 $ 53,820.00 $ 53,820.00 7 Electrical S stem Modification LS 1 $ 88,000.00 $ 88,000.00 8 Control and Instrumentation LS 1 $ 16,000.00 $ 16,000.00 9 Modification to Existing Structure LS 1 $ 6,800.00 $ 6,800.00 10 Total Cost of Other Miscellaneous Items to Complete Construction of City Hall Generator Replacement Project LS 1 $ 5,630.00 $ 5,630.00 Total Base Bid Price $ 359,900.00 Stronghold Engineering, Inc :'" : "; . ": _' - -, : -- _#3' Item IDescription Unit Qty I Unit Price I Total 1 Mobilization and Demolization LS 1 $ 90,000.00 1 $ 90,000.00 2 Demolition LS 1 $ 27,000.00 $ 27,000.00 3 Sitework LS 1 $ 15,000.00 $ 15,000.00 4 Concrete Slab and Masonry Wall LS 1 $ 40,000.00 $ 40,000.00 5 Generator Equipment Package LS 1 $ 140,000.00 $ 140,000.00 6 Interconnecting Fuel Piping LS 1 $ 12,000.00 $ 12,000.00 7 Electrical System Modification LS 1 $ 102,215.00 $ 102,215.00 8 Control and Instrumentation LS 1 $ 5,000.00 $ 5,000.00 9 Modification to Existing Structure LS 1 $ 4,000.00 $ 4,000.00 10 Total Cost of Other Miscellaneous' Items to Complete Construction of City Hall Generator Replacement Project LS 1 $ 2,000.00 $ 2,000.00 Total Base Bid Price $ 437,215.00 Paget of 1 CITY OF ROSEMEAD CITY HALL GENERATOR REPLACEMENT PROJECT CONTRACT BID FORMS BIDDER: GAMMILL ELECTRIC, INC CONTRACT BID FORMS TABLE OF CONTENTS SECTION1 BID SCHEDULE ......................... ............................... SECTION 2 BID DATA FORMS ..................... ............................... 2-A BID BOND ........................... ..... ..._. ----- --- .--- .._.......... 2.13 LIST OF PROPOSED SUBCONTRACTORS........... SECTION 3 NON - COLLUSION AFFIDAVIT ............................ .... ..............................1 .. ............................... ... 5 ......... .....................6 ..... ............................... 7 ............................10 CBF -12 BIDDER: GAMMITL E LECTRIC, INC SECTION 1 - BID SCHEDULE CBF -1 BIDDER: GAMMILL ELECTRIC BID SCHEDULE SCHEDULE OF PRICES FOR CITY HALL GENERATOR REPLACEMENT PROJECT PROJECT No. P85329 BASE BID SCHEDULE NO. ITEM DESCRIPTION UNITOF MEASURE EST. QTY. UNIT PRICE ITEM COST 1 Mobilization and Demobilization LS 1 3,000.00 3,000.00 2 Demolition LS 1 23, 000.00 23, 000.00 3 Sitework LS 1 48, 000.00 48, 000.00 4 Concrete Slab and Masonry Wall LS 1 19, 000.00 19, 000.00 5 Generator Equipment Package LS 1 96, 650.00 96, 650.00 6 Interconnecting Fuel Piping LS 1 53,820.00 53,820.00 7 Electrical System Modifications LS 1 88 000.00 88, 000.00 8 Control and Instrumentation LS 1 16, 000.00 16, 000.00 9 Modifications to Existing Structure LS 1 6,800.00 6,800.00 10 Total Cost of Other Miscellaneous Items to Complete Construction of City Hall Generator Replacement Project LS 1 5,630.00 5,630.001 TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ 359 900.00 Three Hundred Fifty —Nine Thousand Nine Hundred Dollars and no cents Dollar amount in written form The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. CBF -2 BIDDER: GAMMILL ELECTRIC, INC If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of 10 percent Dollars ($ 10t ) said amount being not less than ten percent (10 %) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letterof Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. #1 and Ill The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -3 By: Xigna JOHN R OLDHAM Type or Print Name PRESIDENT Title BIDDER: GAMMILL ELECPRIC, I NC. 1311 W. FOdPHILL BLVD. Business Street Address AZUSA CA 91702 City, State and Zip Code 626 812 -4515 Telephone Number Bidders /Contractor's State of Incorporation: CALIFORNIA Partners or Joint Venturers: Bidder's License Number(s): B & C -10 #250076 NOTES: 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation, partnership or joint venture has the authority to do so. CBF -4 BIDDER: GAMMILL ELECTRIC, INC SECTION 2 BID DATA FORMS {tc \l 1 "SECTION 2 BID DATA CBF -5 Copy #2 of 3 Executed Originals BIDDER: GAMMILL ELECTRIC, IN Bidder shall submit its Bid data in accordance with the formal shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2.A SID BOND (tc V2 " 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: Gammill Electric, Inc., Azusa, CA as THAT Principal, and AMCO Insurance n , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of ten percent o f 121 1 un ($ 10°/ of bid amount ) , being not less than ten percent (10 0 %) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the City Hall Generator Replacement Project as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated October 20, 2010 NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred bythe OWNER in such suit, Including reasonable attorneys'fees to befixed by the court. SIGNED AND SEALED, this 15th day of October Gammill Electric, Inc. (SEAL) Principal By: % By: nature 2010 AMCO Insurance Company (SEAL) Surely Signature /osh Severson, Attorney -in -Fad CBF -6 ACKNOWLEDGMENT State of California County of San Diego On October 15. 2010 before me, Diana Kelly, Notary Public personally appeared Joshua Severson 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 / shefthey executed the same in his/her. — 'their authorized capacity(ies), and that by his/hen4heir 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. DIANA KELLY COMM. #F1706726 n �y r NOTARY PUBUGCAUFORNIA n SAN DIEGO COUNTY a' My Commission Ex ires NOVEMBER 21, 2010 WIT my hand and official seal. Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: AMCO Insurance Company, an Iowa corporation Nationwide Mutual Insurance Company, I Ohio corporation Allied Property and Casualty Insurance Company, an Iowa corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: Joshua Severson La Mesa, CA each in their individual capacity, its true and lawful attomey -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of Four Million and no/100 Dollars ($4,000,000.00) and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company, and to "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and owememorandumsaundenakingsct of the izances, transfers, authorize them to execute and deliver on behalf of the Company any and all olding forms, applications, the contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions appointment public or private trust, an ovided, however, that the authority g said documents on behalf of the Company. business of the Company may require, and to modify or revoke, with or without cause, any such ap i authority; p " hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of d "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in signature of any of them the coma in printednengrav edcor stamped approved documentf executive officer, president, treasurer or secretary; provided, however, the s contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the IL day of August , 2009. i^ b� is }•' ' ^� Gary A. Douglas, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company Mutual Insurance Company, M . r� / 0 /'c$EpL55/ I .SERI.: / 0 and Farmland Mutual In Company; and Vice President of Nationw Insurance Company, Allied P rope rt y and Casualty Insurance Company, ano Depositors ! nsurance / i ; / AMCO . , ::L':', Company ACKNOWLEDGMENT e \ � -` �'1 ,� STATE OF IOWA, COUNTY OF POLK'. ss CY' m + / ..'On "' 0 On this 11 da of Au to be the o ficer d 2009, before described in and who executed the came the above -named officerer the Companies preceding insl ent n e SEAL ° / SEAL/ me personally y known o instrument, and he s •,, „"•• z + / �'�ir ?;;;;;:.i acknwledge d being y me duly sw the execution of the same, and um, deposes and says, that he is the d `'•roa.' v ���e� officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Companies. ,�n idl/ �JC rms i .; � j S%AND . Y;AL� 1 TZ Notary Public �0 March 24 ma. MY Commission Expires d�e , 2011 CERTIFICATE I, Kathy R. Richards, Assistant Secretary of the Companies, do hereby , true and correct copy of the original power of attorney issued by certify that the foregoing is a full revoked o amended in any resolution anne included that therein is a A Douglas the d of execution the for going of attorney the duly elected o1f5 ei of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authordy of said board of directors; and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seals of said Companies this __!nth day of October , 201. Assistant Secretary This Power of Attorney Expires 08/1112012 BDJ 1 (08109) BIDDER: GAMMI ELECTRIC, INC 2.8 LIST OF PROPOSED SUBCONTRACTORS \12 "2.B LIST OF PROPOSED SUBCONTRACTORS} In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one -half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one -half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty -four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, otherthan the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5 %) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one -half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF -7 BIDDER: GAMMILL ELECTRIC, I 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) I R T O',W le Next 2 Pages 1( needed Inr listing aaamonal subcoutraclors. "I Name and Location Description of Work of Subcontractor to be Subcontracted Concrete and asphalt demo, Name: ACCU -CUT. INC. new concrete and walled Address: rAgTjMA rP containment area. Name and Location of Subcontractor Name: Address Description of Work to be Subcontracted Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted Name and Location of Subcontractor Namc' Address. Description of Work to be Subcontracted MEM BIDDER. GAMMILL E[ ECTRTC, INC 2.0 REFERENCES The following are the names, addresses and telephone numbers forth ree public agencies for which BIDDER has performed similar work within the past two (2) years: City of Newport Beach - 3300 Newport Blvd, Newport Beach CA 92658 Name and Address of Owner Tom Sandefur (949) 644 -3312 Name and telephone number of person familiar with project police Department Feb.201 $268,000.00 Emergency Generator Replacement Date Co Contract amount Type of Work Martinez Detention Facility 2 Contra Costa County - 1000 Ward St. , Martinez CA 94553 Name and Address of Owner Stan n 2 1 - Name and telephone number of person familiar with project Ends in (3) year routine Maintenance, Monitoring and Dec.2010 $60,480.00 eme rgency repair a eemen Type of Wo Co nerator Date Completed Contract amount 3 S an Mateo County - e and Address of Owner Maguire Correctional Facility 300 Brad ford St., Redwood Cit Mark Hahn (650) 599 -1487 Name and telephone number of person familiar with project Ends in (3) year routine Maintenance, Monitoring and Dec. 2011 $ 225,000.00 - eme rgency re it a �anT o of 5OKW Co-Generator Dec. Completed Contract amount yp 4. and Address of Owner Name and telephone number of person familiar with project Contract amount Type Completed CBF -9 BIDDER: GAMMIL FLE SECTION 3 NON- COLLUSION AFFIDAVIT;tc \il "SECTION 3NON- COLLUSION AFFIDAVIT } t ]J U cBF - 10 BIDDER: GA117EU ELECTRIC, INC. NON - COLLUSION AFFIDAVIT In accordance with Public Contract Code section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on 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, e to fix directly or indirectly, sought by agreement, communication, or conference ofit, or cost nyon ement the bid price of the bidder or any other bidder, or to fix any overhead, p of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract 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, erof or divulged information or data relative thereto, or paid, and will not pay, any any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or slam bid. JOHN R OLDHAM Typed or Printed Name and swgkn b(�4orp me PRESIDENT Title GAMMILL ELECTRIC INC. Bidder 20(0 (Seal) Vdt� P lic t�}and for Nis tote of C Ifornia My Commission Expires: oq )d l CBF -11 ANN L. OGDEN LD COMM. #1903028 V? NOTARY PUBLIC - CALIFORNIA U LOS ANGELES COUNTY d My Comm. Expires Sep. 512014 . . . \ \� } Ul 2 \ ® \ - \ \ m \�{ \ 7 \\ / ;mE » z§ƒ / m §� \ � } c �\ / . \ !� {� . « y ) +\ !!$ ! \� ®( !G: \G! iE[ }#!E! \4£! , |a' f !(! I � {\ \ \� Ew \ \ _ 7 ) ƒ w \ � \ \ � � x \ _ /\ \_ /G \/ 5 2 \� \ \ \ S » % % / M M r M 0 e / / 2 0 � \\ 6 / \ \ \\ \�\ � \\ \� f �\ Q (� � � � � � � � � � r7l � � n � � � � � � F1 ORGANIZA l ivtv.vr GA41\4ILL ELECTRIC. INC. Following the annu a l Cal forma Co aorationrheldethis Bo or g an iz at onalsmeeting at�12 30 meeting of ELECTRIC, II`C.; P.M. on July 16, 2010- Directors were present: JOHN R. OLDHAM and JACALYN A. GAMMILL OLDHAM ual meeting of the The President called to attention of the Board of Directors that on this date, the shareholders he in full m the diretorse minutes of the annual It was noted that Gamin'" Electric, Inc. has moved to a larger facility in the city of Azusa California. to elect It was then called to a ear. It was made known that attention of the Board of Directors that it would be necessary" the o fficers of the corporation to hold office for the ensuin Y I time employee, PAUL A. RASMUSSEN WOULD TAKE OVER THE POSITION OF VICE PRESIDENT, PREVIOUSLY HELD BY JACALYN A. GAMMIILL OLDHAM- Thereupon, an election was duly held, and the following were elected to the office indicated before the name of each. PRESIDENT: JOHN R. OLDHAM SSEN VICE PRESIDENT: JACALYN ASGAMMILL OLDHAM SECRETARY: JACALYN A GANIMILL OLDHAM o ffice pu rsuant TRESURER: Laws. Each of o on du made: s econded �a carrri d he Board of Directors ratified, Upon m the otion and approved of all acts and the transactions of the officers of the Corp oration, on behalf of said corporation, made d done from the date of the last organization meeting of the ORGANIZATIONAL MEETING OF THE BOARD OF DIRECTORS OF GAMMILL ELECTRIC, INC. FolloHring the annual meeting of shareholders. the Board of Directors of GAMMILL ELECTRIC, INC., a California Corporation, held this organizational meeting at 12:30 P.M. on July 10, 2009. Directors were present: JOHN R. OLDHAM and JACALYN A. GAMMILL OLDHAM The President called to attention of the Board of Directors that on this date the shareholders held their annual meeting and the minutes of the annual meeting of the shareholders were read in full to the directors. It was then called to attention of the Board of Directors that it would be necessary to elect the officers of the corporation to hold office for the ensuing year. Thereupon, an election was duly held, and the following were elected to the office indicated before the name of each. PRESIDENT: JOHN R. OLDHAM VICE PRESIDENT: JACALYN A. GAMMILL OLDHAM SECRETARY: JACALYN A. GAMMILL OLDHAM TRESUR.ER: JACALYN A. GAMMILL OLDHAM Each of the said officers being present duly accepted his office pursuant to the By -Laws. Upon motion duly made, seconded and carried, the Board of Directors ratified, confirmed and approved of all acts and the transactions of the officers of the corporation, on behalf of said corporation, made or done from the date of the last organization meeting of the A ; -- to fl'n ""r nt ltntP ORGANIZ.ATIO GAMMILL ELECTRIC. IN oration; held this organizational meeting at 1230 lowing the annual meeting of shareholders; the Board of Directors of GAMMIL Fol ELECTRIC, INC.. a California Corp P.M. on July 17. 2008. Directors were present: JOHN R. OLDHAM and JACALYN .A. GAMMILL OLDHAM held t to attention nnual m eeting and the miinutesoof thetannualsmeeting o rs shareholders f the The President shareholders were read in full to the directors. It was noted that Garrimill Electric, Inc. has moved an d is now located in Monrovia California: to elect It was then called to attention of the Board of Directors that ear. Thereupon, an election the officers of the c it would be necessary orporation to hold office for the ensuing y e following were elected to the office indicated before the name of was duly held, and th each. pRESIDENT: JOHN R. OLDHAM VICE PRESIDENT: JACALYN A. GAMMILL OLDHAM AM SECRETARY: JACALYN A. GAMMILL OLD TRESURER: JACALYN A. GAMM I Each of the said officers being present duly accepted his office pursuant to the By-Laws. oration, on behalf Upon motion duly made, seconded and carried, the Board of Directors ratified, confirmed and approved of all acts and the transactions of the officers of the Corp of said corporation, made or done from the date of the last organization meeting of the . 't- ,...IP„ t date. BY-LAWS OF ARTICLE I SHAREHOLDERS' MEETING Sectio . shall be held at the office n 1. PLACE OF MEETINGS as may be designated All meetings of the shareholders of the corporation in the State of CaliherBoard of Directors. for that purpose from time to time by Section 2. ANNUAL MEETINGS. the shin eacderea, s h on The annual meeting of holi- day in each y i not a legal business st °f July the next succeeding then on day, and if a legal holiday, at which time the c share - day, at the hour of 10: at A. r�• holders shall elect by plurality vote a Board of Directors, reports of the affairs of the Corporation, and transact such other business as may properly be brought before the meeting. ETINGS. for any purpose or harehold Section 3. SPECIAL ME Special meetings may be of the s called at any ers time by the President, or purposes whatsoever, or by any two or more members thereof, or by the Board of Directors, not less than one -fifth (1/5) by one or more shareholders holdin of of the voting power of the corp s annual or special, shall be given in Section 4. NOTICE MEETINGS. ee the writing to shareholder Secretary or the Notices of meeting or in case of or eptthere be notsicch officer, Assistant Secretary, by the director or shareholder. his neglect or refusal, him to the oration, or supplied by a, be s ent re the shareholder's address Such notices s on the books o the corporation, less than seven days pearing of notice, corporation for the purpose the place, before such meeting. of o£ shareholders shall specify Notice of any and in case o f s pecial meeting, as the day and the hour of meeting, general nature of provided by the Corporations Code of California is adjourned for thirty days or more. notice of the business me be transacted• g iv en as in case of an original When a meeting shall be t adjourned meeting Save, as aforesa it shall not be necessary to give any meeting. id, notice of the adjournment or °f theouncement at bhetmeetingeatawhich adjourned meeting other than by such adjo,,r-nment is taken. CONSENT TO SHAREHOLDERS' T,WETINGS. however Section 5. meeting of shareholders The transactions of any either in shall be valid as th m beapresentting er y called and noticed, a quor held after regular ca roxy, and and notice be 9 person or by p and �f, either before or after t h e meeting, each -- 1 -- not present in person_ or by or a consent to the holding of t tten waiver o he shareholders entitled to vote, ii such proxy. sign a wri l f notice, orate of such meeting, _or an approva of the minutes thereof. A— consents or approvals shall be filet with the corp waivers, of the share - the taken at minutes meeting records or made a part of Any action which may if authorized by a wri taken without a m tin g h , y all of the may be eet -ng b who would e entitled to vote and filed with the Secretary of the signed b holders of shares at a meeting for such purpose, corporation. Section 6. QUORUM. ority represented by P Of the shares entitled to vote or bro_ shall be requi- The holders of a maJ s of the share - thereat, present in person, t as otherwise pro - site and shall constitute a quorum ne all ceetingor by these By -Laws. ora b the Articles of Incorptio resented holders for the transaction of business exc vided by law, ic shall not be present or rep If, however, such majority the shareholders entitled ower to at any meeting of t on, he shareholders, or by proxy, shall have p ers uisite amount of to vote thereat, ng from in ime to time, until the requisite a t which adyourn the meeting . At such adjourned meeting ted, any voting shares shall be p resent shares shall be represen the requisite amount of voting s have been transacted at the business may be transacted which might meeting as originally notified. Section 7. VOTING RIGHTS; CUMULATIVE VOTING. Only p oration on th b meeting of eTIN in whose names e day of any shares entitled to vote Stan on , the stock recor unless some other day be fixed y the Board of ds of the corp shareholders t at such meeting- itledito vote Directors for the determina of record, then on such other day, ht to cumulate his tled shall vote shall be entitled o on Every shareholder enti Corporations Code of California. vote for each of said shares a nd shall have the rig votes as provided in Section 2235, Section 8. PROXIES- or to execute consents, may Every shareholder entitled to vote, executed in accordance do so, either in person or by orations Code of with the provisions °cthenSecretarytOf thepcorporation. California and filed with ARTICLE II DIRECTORS ; MANAGEMENT Section 1. POWERS. Subject to the limitation the By -Laws and of the Laws Of to be authorized or ap p r ove d by or powers shall be exerciseo and affairs of this corp Directors. o£ the Articles of Incorporation, of :he State of California as to action the shareholders, all corp under authority of, and the business shall be controlled by, a Board of 2 -- Sectidn z. NUMBER OuALIFICATION. shall umber o until changed by amendment to theVA_rticles of The authorized ; f directors . of the corPArLicle II of be ?fi r ° ° -e amendment to this Section 2, y an the vote or written assent of tourhoYe- rnr0rporation or b e these BY-Laws, adopted rc ority of the voting p holders entitled to exercise the maj the corporatio Section 3. ELECTION AND TENURE OF OFFICE. t the annual meeting ballot a to serve for one year and until their successors The directors shall be elected Y of the shareholders, qualified are elected and ha . Their term of office. shall begin ve e g tion. immediately after e- be filled by a or Section 4. VACANCIES. though less than a quorum, Vacancies in the $Oa3arectorsectors may majority o f the remaining and each director so elected shall by a sole remaining director, elected at an annual meeting called for that purpose. hold office until his successol meeting r is director to fill of shareholders or at a specia at any time elect a the directors, and may The shareholde elect the addi- rs may h endment of the BY any vacancy not filled lY at of directors. which an am tional directors at the meeting Laws is voted authorizing an increase in the number l of any director, or if the A vacancy or vacancies shall be deemed to exist in case of the death, resignation or rem at which sorized .ease is authorized, or shareholders shall increase the authorized number of directors u _ shall fail at the meeting to at an adjournme elect the additional ny t r to nt thereof, or case the shareholders fai provided for, in l at an is th the full number of authorized directors- e resignation of a oP t efffectaatea future time, the Board, or If the Board Director tendered to t a successor to take the shareholders, shall have power to elec take office when the resignation shall become effective. mber o£ directors of h No reduction of the nu aiseterm of office. the of removing any director prior to the exp Section 5. entire Board of Directo REMOVAL OF DIRECTORS. individual d The rs or an irector may be rov by Sections 807, 810 and 811 of the removed from office as p ided Corporations Code of the State of California. Section 6. PLACE OF MEETINGS. Meetings of the Board of Directors shall be held at the of the as corp time to time, by resolution of the oration in the emState of California, office purpose, designated for that or written consent of all he thifMhelldrby the e s of Board of Directors, shall be valid, wherever held, given either Board. Any meeting of the written consent of all Membe nd filed with the Secretary before or after the meeting corporatio -- 3 -- Section 7. ORGANIZATION IE- ETINGS. ec to meetings of The organinhe Board of Directors seal_ be at:on meetings of t the a - held immediately following the adjournment of -- the shareholders. REGULAR MEETINGS. may Section 8. OTHER be Regular meetings of the Board of Dis ectori fro time Lod L o re N ei thout notice at sucn e;; Dlcce a d2t °rmir.ed b; t ; e =oarc e: D rectors. h meet fa ll upon a holiday, suciNo notice need be no tice - held If said day usiness day thereafter. No n shall fa on the next succeudaTgmeetings• given of such regu ur ose or Section 9. SPECIAL ngs of Board of Directors for any P P Special meetings time by the President or ifhe b is l be called at any Vice - President, �y purposes shall by any absent or unable or refuses to act, special meetings shall 'GwO directors lace of Written notice of the ti and p be delivered Per to the directors addresse letter or by telegram, dttoehim at t his or y sent charges prepaid, or iY it on the records of the corpo or i at address as it is shown up r i not readily ularly held. e meeti of the directo is not so shown on such tore are reg records o- it shall be deposited the place in which the te In case such notice is mailed el te to oration is in the United States mailincipallo fficetoftthetcorporat company in the place in which the p 48 hours prior to the time of the located at least forty -eight ( ) 24 hours holding of the meeting. In case such notice is delivered as above provided; Such ma legal and iling, it shall be so delivered at least twenty -four as above provided shall be due, prior to the time of the holding of the meeting. telegraphing or delivery personal notice to such director. resent at any directors' meeting, Section 10. WAIVER OF NOTICE. When all the director andrsign a written consent thereto on the however called or noticed, if a majority of the directors are resent sign in wr'-ting a waiver of notice records of such meeting, of such present, and if those not p- of the Of such meeting, whether prior to or after the holding meeting, ra a.s valid as 'f had at a which said waiver shall be filed with Secre ary corporation, the transactions thereof a. c alled and noticed. meeting regularly ca lace of hold- - ^.g an adjourned meet - 11. NOTICE Or me and place d section e plac. if the time and place Notice of t1en1Lo a b s ent directors be need not be g fixed at the meeting adjourned. be Section 12. QUORUtf the articles A majority. of the n�bertofconstitute aseuorum for the trans- directors o ry directors r By -yaws shall be necessa action of business, and the action of a majority of the 4 i present at any meeting at which there is a quorum, 'wren duly is valid as a corporate act; pro'idod that a minority O in the absence of a quorum, may adjourn from time to assembled the directors business. t. 1_ but may not transact anY OBVIATING NEC ESSITY ations CCode&Section 814.5} ETING Section 13. CONSENT OFtoOifornia Corp contained in these (pursuant thing to the contrary req uired or permitted to be taken by the board Notwithstanding anything 6804 of the BY- [_i any action a ny der ary provisions of Sections 10 - -- - - - -cf —sir- actors un be_ taken without a, mee o r l collec - -__ —._. Corporations Code of Californiaect to such action. Such wroceedingssoftthe or the board of directors shall indivii n c all members of writing tively consent in written consent shall have the same force consents shall be filed with the minutes of the P board. Such actunanimous vote of such directors. and effect as a ARTICLE III OFFICERS Section I. OFFICERS- President, or more Vice - Presidents, The officers shall be a President, shall be a Secretary and a Treasurer, which officers shall be elected by, hold office at the pleasure of, the Board of Directors. _ organize by Section 2. ELECTION. shall meet o wn number, and one or more Vice - After their e l ec tion the directors but need not be, electing a President fro andhalTreasurer, who maY, Presidents, a Secretary rer two or more of sthe same Any may be held by members of the Board o£ Directors. and Secretary except those of President person. OF OFFICE. Section 3. COMPENSATION AND jEN �the Board of Directors. The compensation and enure of office o- v all the officers of the corporation shall be fined by Sectio. EMOVAL AND RESIGNATION. n 4 R be removed, either with or without cause, Any officer may at any or om such , except in case of a a m ajority of the directors at the time in office, any officer on wh or special meeting of the Board, by any officer upon the Board of Directors, v the Roars r- Dir °c._ r`_ chosen by be. conferre b. iving written notice P of removal may esign at any time by V Any officer maY to the President, or to the Secretary to the Board of Directtorssuch resignation shall take effect at su ch notice or at any later time of the corporation. ecified therein, the the date of the receipt less otherwise sp to make it specified therein; and, ion shall not be acceptance of such resignat necessary effective __ 5 -- v office because cf death, d in the l resignation , Sect- 5. VkChIdCIES. A vacancy '' -n an y r other cause shall be file disqualification Or ' - for regular aPPOintments to such removal manner Prescribed in the By- office. Section G. PRESIDENT. The President sub Jecbetohthe controlcof1theoBoard of Direc o ffice r - poration and shall, ervision, direction and coresideoattallbusi- tcr-s,. -have € eneral -t oration• He sha ll p mess and affairs of- the -core committees, includ- meetings of the shareholders and of the Board - of - Director- eneral ha if any, and shall have the g shall be ex- officio a member of all the stand d n the office of ing the executive committeement usually owers and powers and duties of manag and shall have such other p Laws. President of a corporation, the Board of Directors or the By- duties as may be prescribed by SIDENTS. d by the Section 7. VICE -PRE in the order desof the President, The Vice - Presidents shall, owers of the President, and in the a Board of Directors, bsence or disability perform the duties and exercise the p s ties as the Board of Directors hall perform such other du sha prescribe. shall keep, or cause to be kept, a book of Section 8. SECRETARY• us the Board of lace as The Secretary office or such other p d shareholders minutes at the principal of directors an order, of all meetings whether regular or special, and Directors may lace of holding, iven, the names of with the time and p the notice thereof g I f special, ho edings W authorized, meetings, the number of shares present those present at directors' , meetings an d the proce or represented at shareholders t at the prin- thereof. shall keoP> or caus The Secretary e to be kept ant, a cipal office or at the of l fice- share register, showing the names of off - o f the corp oration's transfer ag ent, Of share register, or addresses; a duplicate the number and classes su ed the shareholders and their the number and date of Certificates iscertifor shares held by each; collation of every the same, and the number and date of can , notice of all c cancellation ate surrendered for shall give, or cause he be g iven The Secretary � shall keep the the meetings ond ha Ph1RBoa f the shareholders a rd of Dirac ors v Laws or by law t. documents reeuired by the B_ affix said powers and perform such s seal of the corporation and seal to a_1 requiring a seal, and shall - bed the o he Bo p ors or the by Bard of Direct other duties as may be p reS rl B -Laws. Section 9. TREASURER. the funds of the them d by h check of the corporation, out only on the The Treasurer shall receive and keep a corporation, and pay the Board of Directors. signed in the manner authorize -- 6 -- l0. ASSISTANTS. e Secretary Cr Assistan-t. Treasurer, respECtiv.. _;, Section rEspec- Any P.ssistan t � Secretary or Treasurer, Of the powers c: the Board e° may exercise any pv T. or as directed by ti . as provided in these - 'ach other duties as are imp Directors, and shall perform s osed upon them by the By-Laws or the Board of Directors. Section 11. SUBORDINATE OFFICERS. from time to time appoint such sub - The Board of Directors may oration may ordinat officer or agents as the business of the core require, fix their tenure- ofof-f- ice_and allow them suitable compensation. ARTICLE IV EXECUTIVE AND OTHER COMMITTEES The Board of Directors may appoint an executive committee, and such other committees as a ers as ry from time to time, may be necess on consisting of such number of its members and with such pow it may designate, consistent withortheo rLawseofot and By -Laws and the State the General Corp pl easur e of the fornia. Such committees shall hold office at the board. ARTICLE v CORPORATE RECORDS AND REPORTS -- INSPECTION Section 1. RECORDSe a deq uate and correct accounts, The corporation shall maintain apro erties. All of such books and records of its business and prop i rircipal place of books, records and accounts s hall forniae aspfixedby the Board of business in the State of Cali Directors Directors from time to time. Section 2. INSPECTION OF BOOKS AND RECORDS- All books and records provided for in Sections 3003 10,5 of the C ode of timeltoetimenand in the to o f the in said Sections 3003 3005. manner provided Section 3. CERTIFICATION AND oofStheseOBv- Laws- as Lsamended or other_ The original or a copy the Secretary, shall be open to wise altered to date, certified by as provided in Section inspection by the shareholders of the company> 502 the Corporations Code of California. Section 4. CpECKS, DRAFTS, ETC. All checks, or other orders for payment drafts issued in the name of of money, notes or other evidences of indebtedness or payable to the corporation, shall be signed or endorsed mi such person or persons and in such manner as shall be determined he Board of Directors. from time to time by resolution of t -- 7 -- ETC. - -HOK' r, —U—IED ti.a Ey- ass otherkise Sec :ion 5. CONTRACTS except as in agent or age its The Board of Directors, o fficers, may all any officer ;rstrument in the na e pravided, axec"t. e any be ,al to enter into any contract or Such authority may gene the c£ and on banal of the corporati authorized by finless so orre_• or confined to specific instances. a--- : T IC) officer, agent cr employee shall have any ' cop oration by any contract or eurpose I Directors, liable for any P or authority its or or t render it to or to pledge or to any amount. AL REPORTS. cause annual reports to ba ads ction e Board - 3012 of the Corporation Se The Board of Dirovided by Sections shall cau e 3000 The Board of Directors sha.a such annual the shareholder hundred than s as P one Code of California. aar> reports to be sentafie hiha the l or oselafrtheofisacar calendar Y twenty (120) days ARTICLE VI CERTIFICATES AND TRANSFER OF SHARES Section 1. CERTIFICATES FOR SHARES• o designate a nd shall state the na Certificates for shares b" its numb f such form and device a of hres shall er; as the Board of Directors may for :hich it is issued; the the record holder the the shares share °a1tefi shares are without par date of issuance: if any or a statemilst tha ces an o. preferend if par value, radamption or conversion, value; a statement of the rmen cn transfer or voting, if any; strict ions, a statement as to any a statement of liens or restrictiOr ifpassessments are col - if any; if the shares be assessable, the President persona action, a plain statement of such facts. lectible by P mus be signed by Every certificate for shares mu or an Assistant Secretary or a vice - President and the Secretary L the signatures of the c� must be authenticated by facsimiles of or cs a facsimile of signaturre As= istant r an President and Secretary nature of its Secr ertificate foryshates President and the written sig Secretary signaiure must is ered1byaa Before it becomes effective be c aver v a facsimile o f ci3rh and must be reg foreign, =s authenticated b - ent or transfer b a transfer ag company, either domestic or incorporated ban?t or trust registrar of transfer r y'�sfer agent. 0 1' the Section 2. ThFNSF�R ON THE BGOiCS= tra accomr render to the S upon surrender to `lv endorsed ox' P a certificate for share= authority to on of ass g _'inn or coiporat succession; _ ` rte} to iss d ue ar a ✓ience of c t::e c .. o�ion old cerii z . by prop + s to the person be the d:-t ' r -r ts books. ord the transaction upon ato, cancel the transfer: erson entitled t_c certificate on i cate and rec claiming a certificate o s ° to lib lest r Sect;o, 3° LOST OR DESTROYED CERTIFICA Any person 8 afYirmation of that fact and a n affidavit or B of Directors may er as the B ive the corporation destroyed sh eSa in such Mann o require g advertise anaeshal1 if the directors s or Y t more sureties stocks require in form and with one tor value of bona of indemnity, in at least he Board, double new of shares as the certificate may be factory t° t ;d certifiaa£or whereupon a the same number represented bys�e tenor an issued of the lost o one alleged to be r dest GISTRARS• ore transfer ag ents 4� TgANSFER_A pN m a ME a ppoint one °T m Section °£ Director registrars, which- shall_b an The Board and one or more either domestic or foreign of transfer clerks, trust company the requirements of barlk such times and places as incorporated into °r d at o f Directors may shall be a p poi nte d d the Board t may necessitate he corporation an designate. 5, CL SFER BOOKS. transfer books in their OSING STOCK IRAN close the Section thirty days Preceding any The Board of Directorse,,eeaing or the day discretion for a period not of the shareholders, , annua the pa yment or special' a dividend. meeting appointed for ment ARTICLE VII CORPORATE SEAL s h a ll have circular in form, and the corporation, the date of its The corporate seal shall be inscribed thereon the name of incorporation, and the word California. ARTICLE VIII AMENDMENTS TO BY -LAW Laws may be repealed Section 1. BY SHAREHOLDERS. a d op ted or these BY' ot of her meet'' - °f New By-Laws may be 1 me eting, or at a share - ual ma ose, by a vote of the or amended at their ann or that purp owes called f majority of the voti ng P the shareholders to exercise a Mai uch shareholders. holders entitled written ass corporation, or ant °Y s by adopt, a 2. pOWERS Og DIRECTORS. mend or the Section Subject to the right of the shareholofethisoArticle VZIZ, Section I r epeal any of these Subs By-Laws repeal as Provided in e or rep adopt, amend the author thereof changing ized By'La Board of n D ire ct BY°Lawmor amendment other than a B number of directors it shall be CORD OF A1NDMENTS. Law is -Laws, in the adopted or new By- final p Section 3• ve amendmen the orig of reveal When ever an of By'Laws withls Tepealed, the fact copied in the Book If any BY_Law the repeal was enacted or appropriate place. at which date of the MO with be stated in said booK. with the was filed sha_ written assent. 9 KNOW ALL AEN BY THESE PRESENTS: That we, the undersigned, being all of the persons appointed in the Articles of Incorporation to act as the first Board of Directors of hereby assent to.the foregoing By -Laws, and adopt the same as the By -Laws of said corporation. IN WITNESS WHEREOF, we have hereunto set our hands this I day of J > 1 s. E 1967 Dean P. Gammill 3 2 //. ) Directors. airlclwj . Gamm1 / ames L. Collinsworth THIS IS TO CERTIFY: That I am the duly elected, qualified and acting Secretary of Gammill Electric, Inc. and that the above and foregoing By -Laws were adopted as the By -Laws of said corporation on the Jai. day of A JaJ 5T 19 67 , by the persons appointed in the Articles of Incorporation to act as the first directors of said corporation. IN ➢FITNESS WHEREOF I hav eunto set my hand this 1 , day of J ,s ! aT 19 6 7 Secretary. Patricia J. Gam, ^„ill THIS IS TO CERTIFY: That I am the duly elected, qualified and acting Secretary of Gammill Electric. Inc. and that the above and foregoing Code of By -Laws was submitted to the shareholders at their first meeting held on the day of 1967 , and was ratified by the vote of the share- holders entitled to exercise the majority of the voting power of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand this day of 19 Secretary. -- 10 -- 'Y DEPARTMENT OF STATE To all whom these Presents shall come, Greetings: I, FRANK M. JORDAN, Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the RECORD on file in my office, of which it purports to be a copy, and that the same is full, true and correct. In testimony whereof, I, FRANK M. JORDAN, of State, have hereunto caused the Great Seal of the State of California to be affixed and my name subscribed, at the City of Sacramento, in the State of California, A UG 1.5, this --------------------------- �- --- -------- - - - - -- Srrnfary of $lufr B .'j R]f /dpl Srrrrlrn of Sle!r 5 ARTIC1,1:.; OF PICORPOFATIO!1 OF GAi INT1,L YLECTRIC, 71if:, AUG y 1967 Fes( "( M. JOBAN tacrefjry of Rot AY JAMES F, HARRIS Oopy,r KNON ALL 'iE We 'FI?E5;' Pit 1;SF. hl "' +, that we, thu anderraignea, have this %!rn/ vr.'lunt arily assoria ted toy:,ether fcr Cho_ yru'pose of Purr.:ln:: a cor[�Or•ation under the laws of the, ,;t.,te of California, rind We hereby certifyl 1'I fi`_;T: That the mote of this c0rpbr'e1:lUn .15 GAHNIJ,L , I!,C. :UCg4ii: The pueq "or which this corporation is formed are as 10110:.00; ( 'a) To eatabliah, maintnin and conduct: a ,�,encrarl cl eectr i.cal contracting; business, and to make and carry out contrricts of :•v�:r f ,.' that may Lu necesserry or canduo:iv':r to the :rent of tht ;,fore said. That said daacriireul bruriness is tha npeci -• fi. r, bu ,inesr, in rahich the corporation is primrrz'ilY to c'c'?uir, and deal in ;:hzn'e!,. I' °.ntrrre:r, or other seenrit.ie or evi.denec of i.nde.htedn::xsa, rather ` i pv ar ,-.s "Pent, or broker, or 0 th::.r •, , i.se, and enc ra Ll'r' to madnta in, conduct and carry on the huaineac of invesr ni', ( e ) To acquire, by purchase or ot} t:he rood uctll, Aus in ess, property rip;hts, franc hises and :rs sc l;p of ,, ver., king, with or 'ithout unlertakin ?, either wholly or n par ^t, the ).in t. i. l.i ci.. of anv person, 1'.i rm, asnoc iat:i0r: 0r C' .irtd t:; icqu.irz any business as , Oir., concern ^r otherv.i�e (11 Ly rvrci:;se Of the ❑saetu thereof, 'wholly Zr in 11•1rt. (2) b•; ,.u.,.luir�i..- tic-'n of the shares or :in; ?:art thereof or (3) .in any other mannr_r, •�:n' to pc; for t }'e na'nre +rl C., a)1 or' in the vharen or hondr0 or -1- Le, hol�t E � '. 1 1) • (: o': " i. 7! j e 1) t ed r, 1" : . c:, I I, . :i " M" )gI I 'el t L:"V , i:7 n L 1 . n I � ' L '* ; 11�intll.in and "Pa'At. I"' in any VIM" %N Of, IN T"I't of < :hc 1"'Pod Will, 1 ) ' S 5neu,, rights, and ........ V and to OfInchict in any lawful rianneo the or an•', Part nf any huRinev:, h C ., , ju i red; '111d to 0 nl!('Pr::ary or ,,v,nj.'nt in une: a bout t mu , Is E, eme n t Of np*p, such 'O '3f!, and oth hold I >Cll, dsshn, tranufer, P! e d g e, hypOtbecate, In . i n 'Wrt"CA, con- jettort; p-Itent of the ijnjtoc� oh . , Sta or � V any Totnnt roots, 2 iconnnn and privil"., Vk !11 jn� r k and State, county I L ' ] iLJ :!•ants and Lon of eye, coract(w 01,1c), this ti n wav down adv . . . . . . in the foon of it:: r in the 1"Mana operation, devQ or , extenfiorl ()i: nrnuvtja,. its p (G) To entc-r, J perforrn, and carry oilt contracts of ov(!ry kind for any lawful purpose withoul lini.it a:-, to .;mount firia, nF;, 0i'lat L)r v OrIm'"Mun, _,aunt r;, narlah, atai:c, territory, FtovePhinent, ; nor bra nch of trim 'T'Ned sc.-rvicep Or other mwnj,A,,,j or BuLdi vision and to Poke, enter ' dcliver and I'Urini3h Indemnitiefi, 11 "Idertakini7a and I)onds in connection with ouch contract"g, To become a I-Ptner (either general or " or bCth) and to enter into agreement_, of partnarahit >} with on <: or. :i:"r•' other piar•14ons or• corporations, rot the of on ld mtnOnver which this corporat!Qn 1.)ay I'len or convenient i. r:• nonncet ion with r1hy Of, the T'J'J'nC'q *!; 'terp.in set ,;orthi or Or which may he directly or to the interact , (,,, this Corporatio ,, to enIv,nc, th, value of it, property or Luein",,. W From time to t.i.rae to apply for, purchase, acrlui.re 1 :•: :1re4„nment, tran:;fer or otherwi exetlo :ire, carry out, and en- joy :ur LCME! fit, riliht, privilege, prerop cr r,;;wer cenfer•rs"I Ly, acaluired under or r,rented by an statute_, crd {, r;anr,e, Order, li,c ta nse, po,urr, outhoriY.v franc hise, comrnins.ion, right, privi.l AOp, wl. ic:h .,ny ,;overrvnent ur author c. governmental a+ {sole; o. cog' Aeration cr other public body may be empowered to enact, make or ,;rant; to apPly for, aid in and contribute. toward earrYing the „are .i. r.to effect and 'to aypropri.ate any of this corporation'`' share.o, Lends .and /or asretr to defray the cost,, chraree;e and expen!;e;; t:hrreor. t'tl To prc:n <ate or to aid in any rmuu,ex', f.inanc i.i] or cth[!wi.ce, any person, corporation or associatiorl u` , hares,, bonds, note,, debentures or other. recur Sties, or pvixkmcc,, of inaiebtcdness are held, directly or indireotJ.y, by Lh.is corper;e- Tion; and for this purpose to aquarantee the contract`, dividend.. ^>, shares, bonds, debentures, notes and other obli,entions of such ether : +eerr:on , corporations or isrcoletiono, ±and to clo anq otiarr o r.. z rn' rhinP.s desia to protect, ; jia rnvn ;,r f n men. t:`:,• value, of :roch share. ^,, be ntls, notes., dehr:nturen or ties or evi.:.innce:: Of inde Ltednees. (i) To suhscrihe or cause to be subeicri Led for, and to take, purchase and otherwise acquire, own, hold, one, sell, ,.ssi... r:, trar,sfcr, exchane,e, distribute and otherwise dispor+e of, 'he srh�le or any part oC the, shares of the: capital stock, brrdr, coo ocn:r, �,ro „rta:;a i;,as, deeds of trust, debenture.•; , u.t Sell Iry i.d e'nces of indeL't,ulnern, ndt25, 6 Gnai 'd'il.., rip•Y�tr ;.operty of .iny and every kind, or any part thereof, of ,,r;� other corporation or corporations, association er associe:._. tions, firm or firm,, Or Person or persons; together th rharco, -3- ri;;htc, uni to of intpx est in, or in rer"noct or, any truss ec'tnte, nos, or hereafter ex.i.Stiri;t, and !whether created I th e laws of the •r+tnitc of California, or of ar.y other , Itatp, territory or county; and to rPer'3tP_, niana; ;e and control such propertien, or any oe them, ei.iber in the numc of such other corporation, or corporation or in tht• nano. of this cor * -urd while til. ownero of any �.. r,ror, of capital -"LOCI , exe.rcise. a1.1 °he ' tr . rip,ht,,, and Frri.vilag of ownere.hip Of every kind and deerription, including; the riglitu to vote thereon, •ai�th power to designate ror!e Person or persons for that purpose frwr, tine to tame, emi tc' then usme extent as natural Pomona might Or could do. iJ> So borrow and lend money, but nothing herein Con- tained Sha 7.7. i)a covet: rued ae authnrizin }; the. bu: +i.neea of hr.nkin.•, c +r' as ins l:: ding the buainees purposes of a c hank, savi.nvm hank or trust company. (k) To issue bonds., notes, debentures Or.' other obli,ka- trionc of this corporation from time to time fur any of the ob;iecty or purposes of this corporation, and to secure the Same by most Page, deed of tr-ust, Pledge or otherwise, or 1:0 issue the Same un:: to purchaue or otherwire acquire .its o:an bonds d._ ,rbenture% nr c;tter evidorines of .ir•dehtednesc or ohligatiors; to purchr,se, trransfer the. sharps of it;l own capital stoctr to tT,u extent and ir; th(! mann provided by the laws Of the t;tate of California as the r,amo are now in force or may be hereafter amended. (1) TO carry on any huainean whatsoever w) thin corporation may deem proper or convenient in connecti.On with any of thr: fareg,oinp. purposes or otherwise, or which rcay he CalCu].ateri, d ,'reedy or• indirectly, to i•romote he i.nt Mrs: >tc of ti,ir cer• ., t.ion or to enhance: the vejue of its property or business; to co it �rtJ51nes, .ill this State, in Other stater_., in tP.a lii.e ;trd.ct of Cr Llmh.ia, in the territories and colonies of the United States, -V- ,-: ri ir. F ori: ;' :'r. cou, it-, •jr.l; , and tc have and oxeru il; all t!l'- povlevu -c it 1 he I owa pur!; , j. -Ln to q j . t I is cor-paret i rn 'u 1" ai`O noo in Vt� or Tiny a t any or '-c .emended C m ) To I taku, h eld, OW P , u i p and 12D 0';, :'I'd r-. . : , !:.fjvr, o of, And gTr"m j %! in and •ith oil royalties, mineral of a :Ll ;Iinvrll hearing letrall; , And hydrocarl3c), pj oj , , an kjnd' Oil, ql'>, and mineril Amex, and a.1.1 rill-,htc and j n t ej , rn - ,t:; ;ln in " nera] 7,r ucluct 3 Cf th-I earth and dppOf;,.'ts, I,oth nuhso it and nuvfac:c, Of every nature and description, (n) Tn purcItane, leare, h se 6evt no, of, !:hu f'f tko T'- "'Id all the 1-.y th:•liwr, or the tatc O ,` C , poll corllornt,onr formed under t III•e; pUV31,lant to and under vh:l,Ch this cr,,.,-p,)).,• ,,tjon in formed, On wrly Mwm are new in effect or may at Iny time P be. AM, ottimel TIM M: I fh ! 'trtt' tlui n.I 1 for tr.,ns.,ct ion of t h, t 7 of C 111 1, 0"n"'aticin �. !()Catew County. 1"OURI'll: The tntal nuaihiPlr of directors is tl ( r .mns om ar,. appointed to act t dirr:otc;rr Are: Dean P, Ra 955 Cal irorr:iAj Patricia dl Sasmill 8556 flavillel [rive, .. :il,j 1iTic.4 :�1273 1 . "�J',ndriz ':)Iilevard' -5- - 1; The tats! numtr.r rP , -res P izP'd '.o b= ir•su ed .: 'i Ch.lalr.anrJ Fivr. F!undrrd (2, SOu) , al. i. of whirh r ;hall he ,:Omman oc. M'. Per value of the sharer; of COIrimOn Gtock shall be 510.GL per Uhare, The aggregate par value of all of st.id sharee of crnumon stock shall he Twenty - five. Thousand Dollars (S25 '00o.1)(1) SiX E li: That each shareholder or suhscriber to shared of this, corporation shall he , entitlr_d to full 1 or pr,: cnl.i)1 ri t'O puruhdsr andfor aabacr iLer for hi.ei pre.,,,:rt iorate shares nr a >rruritirs L+h.ich may 1•,r ,i.: :GUeJ a7, :In t:inr b rl i. Cl:rposati.on. :i l.lVFi!T!i t J "1 •aI: ^JESS ,7t11, day The number of directors slay 1)e . ^.hznA• ^d Jaws duly adopted by th; ohacc:ho]rl r:.re, WNFRECF, Ice have subrerihrd our names nere.i,o of_ Aueust -, 13G ?, "ate Dean 1' Gammill '?Sezri P7Zamml, e�.._...a��...- Patricia J. Gammill James L. Collinsworth ames „O 7- nswort .-- -.— AtIGELR }i .. r :+ 7th , 1357, before me 1 urrlerci�rned -, i r =onalTy appeared DEAII P, :;Aitll(LL FAi7tIClil i r INctary CDLLI1JSWq RT11, known tc me to b? Lhr_ fJi %fll,F,, r.: •u 1)r -.0 ,::cri.bud to tha :,7,,e;;.' person I u)se ctIns` - It.ic.les of [ncolto .)t,i.un tend ac knowl,dwo (1 to me that they executed the same, IWIP1EOP, T have hereunto set my hand sr:d affixed of I .t. ;,. seal.. a n: m �• � �Rpi!;Y S r Dorothy s Ovcrmier O f•L ERL IEf t(. th'1 NOlpq +p E n.... 1 PRINCIPAL OffICE IN 6LV CI COOL my r,))Il M.1re. I -' M% ♦NCEIES COUllliq r•xoacvw.; +.�aarvc..:,i - r,1) Onmml.e,on Fx plroe Aprl( 30, WS —� , -. ". ,a - 1; The tats! numtr.r rP , -res P izP'd '.o b= ir•su ed .: 'i Ch.lalr.anrJ Fivr. F!undrrd (2, SOu) , al. i. of whirh r ;hall he ,:Omman oc. M'. Per value of the sharer; of COIrimOn Gtock shall be 510.GL per Uhare, The aggregate par value of all of st.id sharee of crnumon stock shall he Twenty - five. Thousand Dollars (S25 '00o.1)(1) SiX E li: That each shareholder or suhscriber to shared of this, corporation shall he , entitlr_d to full 1 or pr,: cnl.i)1 ri t'O puruhdsr andfor aabacr iLer for hi.ei pre.,,,:rt iorate shares nr a >rruritirs L+h.ich may 1•,r ,i.: :GUeJ a7, :In t:inr b rl i. Cl:rposati.on. :i l.lVFi!T!i t J "1 •aI: ^JESS ,7t11, day The number of directors slay 1)e . ^.hznA• ^d Jaws duly adopted by th; ohacc:ho]rl r:.re, WNFRECF, Ice have subrerihrd our names nere.i,o of_ Aueust -, 13G ?, "ate Dean 1' Gammill '?Sezri P7Zamml, e�.._...a��...- Patricia J. Gammill James L. Collinsworth ames „O 7- nswort .-- -.— AtIGELR }i .. r :+ 7th , 1357, before me 1 urrlerci�rned -, i r =onalTy appeared DEAII P, :;Aitll(LL FAi7tIClil i r INctary CDLLI1JSWq RT11, known tc me to b? Lhr_ fJi %fll,F,, r.: •u 1)r -.0 ,::cri.bud to tha :,7,,e;;.' person I u)se ctIns` - It.ic.les of [ncolto .)t,i.un tend ac knowl,dwo (1 to me that they executed the same, IWIP1EOP, T have hereunto set my hand sr:d affixed of I .t. ;,. seal.. a n: m �• � �Rpi!;Y S r Dorothy s Ovcrmier O f•L ERL IEf t(. th'1 NOlpq +p E n.... 1 PRINCIPAL OffICE IN 6LV CI COOL my r,))Il M.1re. I -' M% ♦NCEIES COUllliq r•xoacvw.; +.�aarvc..:,i - r,1) Onmml.e,on Fx plroe Aprl( 30, WS —� , -. ". CITY OF ROSEMEAD CITY HALL GENERATOR REPLACEMENT PROJECT PROJECT No. P85329 r ,�NOT1Cf_1NVITING BIDS _ 'a CITY OF ROSEMEAD NOTICE INVITING BIDS PROJECT No. 2010 -13 NOTICE IS HEREBY GIVEN that the CITY OF ROSEMEAD, California, will receive sealed bids up to 10 o'clock a.m. on Wednesday, the 6th. day of October, 2010, and they will be publicly opened at 11:00 a.m. fo CITY HALL GENERATOR REPLACEMENT PROJECT PROJECT No. P85329 Con tractor must submit three (3) originals of their propo as indica above. The project consist of replacement existing generator at the City Hall and other related work as described in the Plans, Specifications, and Contract Documents, by this reference, made a part hereof. The engineer's estimate for this project is $475,000.00. The successful bidder shall have ninety (90) calendar days to complete the work. Liquidated damages shall be $500.00 per working day. Plans, Specifications, and Contract Documents may be obtained at the office of the City Clerk of the CITY OF ROSEMEAD, 8838 E. Valley Boulevard, Rosemead, California 91770, (626) 569 -2177, for a non - refundable charge of $25.00 and $40.00 if mailing is requested. Each bid must be accompanied by a bidder's security in an amount not less than 10% of the amount of the bid, as a guarantee that the bidder will, if awarded the Contract, enter into a satisfactory agreement and provide a Performance Bond and a Payment Bond, each not less than 100% of the total amount of the bid price. No bidder may withdraw his bid for a period of sixty -one (61) days after the above bid opening date. The CITY OF ROSEMEAD will affirmatively insure the disadvantaged business enterprises Will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, disability, sex or national origin in the consideration for an award. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wage and apprenticeship employment standards established by the State Director of Industrial Relations will be required. Copies of prevailing wage rates are on file and are available for inspection in the office of the City Clerk, 8838 East Valley Boulevard, Rosemead, CA 91770. Bidders shall be licensed in accordance with the provision of Chapter 9, Division 111 of the Business and Professions Code of the State of California. Bidder shall have a Class "A" license in good standing at the time Bids are received. NIB- 1 The Council reserves the right to reject any and all bids and to waive any informality, technical defect, or minor irregularity in any bid submitted. An award of service shall not be final until the bids have been reviewed and a Contract Agreement with the City has been signed by the lowest responsible bidder and by the City. Award of Service Agreement is proposed for October 12, 2010. Dated thi GLORIA MOLLEDA CITY CLERK awe] Publish: September 23 and 30 "', 2010. NIB- 2 CITY OF ROSEMEAD CITY HALL GENERATOR REPLACEMENT PROJECT PROJECT No. P85329 INSTRUCTION TO BIDDERS TABLE OF CONTENTS Pape 1. AVAILABILITY OF BID DOCUMENTS .............................................. ............................... 1 2. EXAMINATION OF BID DOCUMENTS .............................................. ..............................1 3. INTERPRETATION OF BID DOCUMENTS ........................................ ..............................1 4. INSPECTION OF SITE; PRE -BID CONFERENCE AND SITE WALK . ..............................2 5 . ADDENDA ......................................................................................... ..............................2 6. PREPARATION OF BIDS .................................................................. ..............................2 7 . ALTERNATE BIDS ............................................................................ ..............................3 8. MODIFICATIONS OF BIDS ................................................................ ..............................3 9 . SIGNING OF BIDS ............................................................................ ..............................3 10 BID GUARANTEE (BOND) ................................................................ ..............................4 11. SUBMISSION OF SEALED BIDS ....................................................... ..............................4 12. DELIVERY AND OPENING OF BIDS ................................................. ..............................5 11 WITHDRAWAL OF BID .................................................................... ............................... 5 14 AWARD PROCESS ........................................................................... ..............................5 15. DESIGNATION OF SUBCONTRACTORS ......................................... ..............................5 16. LICENSING REQUIREMENTS .......................................................... ..............................6 17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID .....................6 18. INSURANCE REQUIREMENTS ......................................................... ..............................6 19. REQUIRED BIDDER CERTIFICATIONS ............................................ ..............................6 20. BASIS OF AWARD; BALANCED BIDS .............................................. ..............................6 21. FILING OF BID PROTESTS .............................................................. ..............................7 22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS .. ..............................7 23. EXPERIENCE AND TECHNICAL REQUIREMENTS .......................... ..............................7 24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES ..............8 25 EXECUTION OF CONTRACT ............................................................ ..............................8 26. OWNER RIGHTS .............................................................................. ..............................8 27. BIDDER'S RESPONSIVENESS ......................................................... ..............................8 28. BIDDER'S RESPONSIVENESS CHECKLIST ..................................... ..............................8 29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS .............. ..............................9 30. RESPONSIBILITY CRITERIA ........................................................... .............................10 �II INSTRUCTIONS TO BIDDERS All Bids must be made in accordance with these Instructions to Bidders ( "ITB "). Unless specifically noted, capitalized terms are used as defined in the General Conditions, found in Part "B" of the Contract Appendix. All terms defined in the General Conditions which occur in the Bid Documents and Contract shall have meanings as defined therein. AVAILABILITY OF BID DOCUMENTS Bids must be submitted to the Owner on the Contract Bid Forms which are a part of the Bid Package for the Project. Prospective bidders may obtain one (1) complete set of Bid Documents. Bid Documents may be obtained from the Owner at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Bid Documents. Any applicable charges for the Bid Documents are outlined in the Notice Inviting Bids. The Owner may also make the Bid Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective bidders who choose to review the Bid Documents at a plan room must contact the Owner to purchase the required Bid Documents if they decide to submit a bid for the Project. 2. EXAMINATION OF BID DOCUMENTS The Owner has made copies of the Bid Documents available, as indicated above. Bidders shall be solely responsible for examining the Project Site and the Bid Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract titled Specifications. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law. 3. INTERPRETATION OF BID DOCUMENTS Any request for an interpretation or clarification of the Bid Documents must be submitted in writing by Bidder via telex, telegram or facsimile to the Owner's Project Engineer. Any response that the Owner may choose to make for purposes of interpretation or clarification, will be in writing and made available to all the listed holders of the Bid Documents. The Owner will respond to all written /faxed Bidder's inquiries received at least seventy two (72) hours before the scheduled bid opening date for which, in its sole judgment, a response is in the best interest of the Owner. Where such interpretation or clarification requires a change in the Bid Documents, the Owner will prepare and issue an Addendum to the Bid Documents. The Owner shall not be bound by, and Bidder shall not rely upon, any oral interpretation or clarification of the Bid Documents. The bidding process and terms and conditions will be in strict accordance with the following Bid Documents: a. Notice Inviting Bids b. Instructions to Bidders C. Contract Bid Forms d. Contract e. Contract Appendix ITB - 1 Part "A" General Conditions Part "B" Supplementary General Conditions Part "C - Technical Provisions Part "D" Appendix Any Addenda Issued by the Owner 4. INSPECTION OF SITE; PRE -BID CONFERENCE AND SITE WALK Each prospective bidder is responsible for fully acquainting himself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. 5. ADDENDA The Owner reserves the right to revise the Bid Documents prior to the bid opening date. Revisions, if any, shall be made by written Addenda. Pursuant to Public Contract Code Section 4104.5, if the Owner issues an Addendum later than 72 hours prior to the deadline for submission of bids, and the Addendum requires material changes, additions or deletions to the description of the work to be performed or the content, form or manner of submission of bids, the Owner will extend the deadline for submission of bids by at least 72 hours. Otherwise, the Owner may determine, in its sole discretion, whether an Addendum requires that the date set for opening bids be postponed. The announcement of the new date, if any, shall be made by Addenda. Each prospective bidder shall provide Owner a name, address and facsimile number to which Bid Document Addenda may be sent, as well as a telephone number by which the Owner can contact the Bidder. Copies of Addenda will be furnished by telex, telegram, facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Bid Documents and provided such current information. Please Note: Bidders are primarily and ultimately responsible forensuring that they have received any and all Addenda. To this end, each Bidder should contact the Development Services Department to verify that he has received all Addenda issued, if any. Bidders must acknowledge receipt of all Addenda, if any, in its Bid Letter. Failure to acknowledge receipt of all Addenda may cause its Bid to be deemed incomplete and nonresponsive. 6. PREPARATION OF BIDS Bids shall be prepared only using copies of the Contract Bid Forms provided with the Bid Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the Ownerwill not be permitted and may result in the Bid being declared nonresponsive. Bid Letters shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting "N /A" where applicable) and initial all interlineations, alterations, or erasures to the Contract Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms nor make substitutions thereon. USE OF INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. ALTERNATE BIDS If alternate bid items are called for in the Bid Documents, the lowest bid will be determined on the basis of the base bid only, but the Owner may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. Since the time for the alternate bid items has already been factored into the Contract Time, no additional ITB - 2 Contract Time will be awarded for any of the alternate bid items. Because the Owner may elect to include one or more of the alternate bid items, or to otherwise remove certain bid items from the Project scope of work, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder. Bidders shall not unevenly weight or allocate their overhead and profit to one or more particular bid items. 8. MODIFICATIONS OF BIDS Each Bidder shall submit its Bid in strict conformity with the requirements of the Bid Documents. Each Bid prepared by Bidder shall be complete in itself and shall be submitted within a sealed envelope in accordance with the instructions herein. Unauthorized conditions, limitations, exclusions or provisions attached to a Bid will render it nonresponsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms, nor make substitutions thereon. ORAL, TELEPHONIC AND FACSIMILE BIDS OR MODIFICATIONS WILL NOT BE CONSIDERED. ri 9. SIGNING OF BIDS All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders will be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom. If a Bidder is a joint venture or partnership, it will be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particularjoint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name. 10. BID GUARANTEE (BOND) Each bid proposal shall be accompanied by cash, a certified or cashier's check, bid bond (the bid bond must be submitted on the form included in these Bid Documents) or equivalent substitution in lieu of a bond, as authorized by Code of Civil Procedure Section 995.710, in an amount not less than 10% of the Total Bid Price. Any check, bond, or other substitute must be made payable to the Owner, and shall be given as a guarantee that the Bidder will enter into the Contract described in the Bid Documents if awarded the work and will provide a satisfactory Performance Bond, Payment Bond, the required insurance certificates and endorsements, and any other certifications as may be required by the Contract. By submitting a proposal, each bidder agrees that its failure to enter the Contract if awarded the work or to provide the Bonds and other information or documentation described above would result in damage to the Owner, and that it would be impracticable or extremely difficult to ascertain the actual amount of that damage. For this reason, each bidder agrees that the Owner may retain the bid proposal guarantee as liquidated damages if the bidder is awarded the work but fails or refuses to timely enter into the Contract or to provide the Bonds and other information or documentation described above, except as may otherwise be required by California law. If electing to provide a Bid Bond, as set forth above, each Bidder must obtain such a bond from an ITB - 3 admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. In addition, the Bid Bond must be submitted on the form fumished by the Owner, or one substantially in conformance with the Owner's form if previously approved in writing by the Owner. Certified or cashier's checks must be drawn on a solvent state bank or a California branch of a solvent national bank. After the Owner has made an award to the successful Bidder, and the Bidder has signed a Contract, submitted the necessary bonds, original insurance certificates and endorsements, and any other certifications as may be required by the Contract, the remaining Bid guarantees shall be returned to each particular bidder if requested by that bidder. If the Owner rejects all Bids, it will promptly return to all Bidders their Bid guarantees 11. SUBMISSION OF SEALED BIDS Once the Bid and supporting documents herein have been completed and signed as setforth above, they shall be placed, along with the Bid Guarantee and any proposed sketches and brochures or other materials required by these instructions, in an envelope, sealed, addressed and delivered or mailed, postage prepaid to the Owner at the place and to the attention of the person indicated in the Notice Inviting Bids. NO ORAL, TELEPHONIC OR FACSIMILE FORMS WILL BE CONSIDERED. The envelope shall also contain the following in the lower left -hand comer thereof: Bid of for CITY HALL GENERATOR REPLACEMENT PROJECT No consideration shall be given by the Owner to bid proposals received after the date and time set for the opening of bids as provided in the Notice Inviting Bids. 12. DELIVERY AND OPENING OF BIDS Bids will be received by the Owner at the address shown in the Notice Inviting Bids up to the date and time shown therein: The Owner will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder's sole responsibility to ensure that its Bid is received as stipulated. Bids may be submitted earlier than the dates(s) and time(s) indicated. Bids will be opened at the date and time stated in the Notice Inviting Bids and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids. Owner reserves the right to reject any or all Bids, to waive any informality or irregularity in any Bid received where such waiver is in the best interests of the Owner, and to be the sole judge of the merits of the respective Bids received. In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. 13. WITHDRAWAL OF BID Prior to the bid opening date, a Bid may be withdrawn by the Bidder by means of a written request signed by the Bidder or its properly authorized representative. If a Bidder to whom the award is made fails or refuses to sign a Contract, or to furnish the bonds, certificates and endorsements required below within the time specified in these Instructions to Bidders below, the funds represented by the Bid Guarantee (cash, cashiers check or Bid bond described above) shall be forfeited and become and remain the property of the Owner; the amount thereof being previously agreed to bythe NEW Bidder and the surety to be due the Owner because of the damage resulting from the delay in the execution of the Contract and in the performance of Work thereunder. 14. AWARD PROCESS Once all Bids are opened and reviewed to determine the lowest responsive and responsible bidder, the City Council will make all necessary decisions and awards. The apparent successful bidder should at this point begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the Owner issues a Notice of Award, the successful bidder will have seven (7) Working Days from the date of this letter to supply the Owner with all of the required documents and certifications. Regardless whether the successful bidder supplies the required documents and certifications in a timely manner, the Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed. Once the Owner receives all of the properly drafted and executed documents and certifications from the successful bidder, the Owner shall issue a Notice to Proceed to that successful bidder. 15. DESIGNATION OF SUBCONTRACTORS Pursuant to state law, the Bidders must designate the name and location of each subcontractor who will perform work or render services for the prime Bidder in an amount that exceeds one -half of one percent (0.5 %) of the Bidders Total Bid Price, as well as the portion of work each such subcontractor will perform. Bidders must make these designations, as well as any others requested by the Owner, on the document titled "List of Proposed Subcontractors" which has been included with the Contract Bid Forms. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty -four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. 16. LICENSING REQUIREMENTS Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuantto Section 7028.5 of the Business and Professions Code, the Owner shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Bid Documents to be nonresponsive, and the Owner shall reject the Bid. The Owner shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the Owner of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract. 17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to the Owner. 18. INSURANCE REQUIREMENTS Within the time specified in these Instructions to Bidders above, Bidder shall provide the Ownerwith four identical counterparts of all required insurance certificates and endorsements as specified in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. All insurance is to be placed with insurers with a current A.M. Best's rating of no less ITB -5 than A:VIII, licensed to do business in California, and satisfactory to the Owner 19. REQUIRED BIDDER CERTIFICATIONS Bidders must comply with the following: A. CONTRACT BID FORMS: Within the Contract Bid Documents the bidder must certify to various information, including but not limited to, the accuracy of the representations made in the Contract Bid Forms . B. NON - COLLUSION AFFIDAVIT: Pursuant to Public Contract Code Section 7106, each Bidder must execute and submit with its bid the statutorily mandated non - collusion affidavit included in the Bid Documents. 20. BASIS OF AWARD; BALANCED BIDS The Owner shall award Contracts to only the lowest responsible Bidders submitting responsive Bids, as required by law. The Owner reserves the right to reject any or all Bids. The Owner may reject any Bid which, in its opinion when compared to other bids received or to the Owners internal estimates, does not accurately reflect the cost to perform the Work. In addition, because the Owner may elect to include or exclude any of the bid items and alternate bid items at its sole and absolute discretion, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder. The Owner may reject as non - responsive any bid which unevenly weights or allocates overhead and profit to one or more particular bid items. 21. FILING OF BID PROTESTS Bidders may file a "protest' of a contract award with the Owners Project Manager. In order for a Bidders protest to be considered valid, the protest must: A. Be filed in writing within five (5) Working Days after the bid opening date. B. Clearly identify the specific accusation involved. C. Clearly identify the specific Owner Staff /Board recommendation being protested. D. Specify, in detail, the grounds of the protest and the facts supporting the protest. E. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each and every one of these requirements, it will be rejected as invalid. If the protest is valid, the Owner's Project Engineer, or other designated Owner staff member, shall review the basis of the protest and all relevant information. The Project Engineer will deny or concur with the protest and provide a written decision to the protestor. The protestor may then appeal the decision of the Project engineer to the City Engineer. 22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS Within the time specified in these Instructions to Bidders above, the Bidder to whom a Contract is awarded shall deliver to the Owner four identical counterparts of the Performance Bond and Payment Bond in the form supplied by the Owner and included in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. 'fir m. The Performance Bond shall be for one hundred percent (100 %) of the Total Bid Price, and the Payment Bond shall also be for one hundred percent (100 %) of the Total Bid Price. Contractor shall require, pursuant to Public Contract Code article 4108, all subcontractors providing labor and materials in excess of the dollar amount indicated in the Notice Inviting Bids to supply Payment and Performance Bonds in the amounts and manner required of the Contractor. The Contractor shall specify this requirement for subcontractor bonds in his written or published request for subcontractor bids 23. EXPERIENCE AND TECHNICAL REQUIREMENTS Bidders are required to provide the experience and qualification information required as part of the Contract Bid Forms. The purpose of this data is to provide the information necessary for the Owner to determine whether Bidders have the necessary experience in order to responsibly carry out the Work. Each Bidder shall answer all questions and provide information requested by the Contract Bid Forms. 24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales and other applicable taxes, and to payfor permits, licenses and fees required bythe agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Bid Documents. 25. EXECUTION OF CONTRACT The Bidder to whom an award is made shall execute the Contract in the amount of its Total Bid Price and furnish the required insurance certificates and endorsements, as well as Performance and Payment Bonds, in a timely manner. The Owner may require appropriate evidence the persons executing the Contract and the bonds for both the Bidder and its surety or sureties are duly empowered to do so. 26. OWNER RIGHTS The Owner may investigate the qualifications of any Bidder under consideration, require confirmation of information furnished by a Bidder, and require additional evidence of qualifications to perform the work described in these Bid Documents. The Owner reserves the right to: A. Reject any or all of the Bids if such action is in the best interest of the Owner. B. Issue subsequent Notices Inviting Bids. C. Cancel this entire Notice Inviting Bids. D. Appoint evaluation committees to review any or all Bids. E. Seek the assistance of outside technical experts to validate the Bid(s). F. Approve or disapprove the use of particular subcontractors. G. Waive informalities and irregularities in Bids. The Notice Inviting Bids does not commit the Owner to enter into a contract, nor does it obligate the Owner to pay any costs incurred in preparation and submission of Bids or in anticipation of a contract. ITB - 7 27. BIDDER'S RESPONSIVENESS The Owner will evaluate Bids for responsiveness at the time of Bid opening and before award is made. A Bid must be in strict compliance with the commercial and technical specifications, without exception. Only Bids which conform in all material respects to the Bid Documents can be eligible for award. A Bid not meeting the requirements of the responsiveness checklist may be rejected immediately upon opening, and returned to the Bidder's representative. 28. BIDDER'S RESPONSIVENESS CHECKLIST The Owner's initial responsiveness evaluation will consider the following: A. Completed and properly executed Bid Letter (Including a completed Total Bid Price, completed Bid Bond amount, acknowledged addenda, completed state of incorporation or partner /joint venturer information (if applicable), completed license number, and signature by authorized company officer); B. Completed Bid Data Forms (including valid and properly executed Bid Bond for 10% of the Total Bid Price and a completed List of Proposed Subcontractors); C. Properly executed Non - Collusion Affidavit; and D. Completed and properly executed Bidder Information Forms. If the Bidder is a joint venture, each joint venturer shall prepare and submit a separate form. Extra forms, if needed, can be obtained from the Owner, or photocopied by the Bidder, if necessary. 29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS A. Contract Bid Forms The Bid Letter and Forms must be completed as set forth below. (1) The Contract Bid Forms and Letter must be prepared using ink, indelible pencil or a typewriter. (2) The Bid Letter must be signed by the Bidder or on its behalf by the person or persons having the authority to do so. Proof of the authority to act on behalf of the firm must be submitted when requested. The proof shall be in the form of a certified copy of an appropriate corporate resolution, certificate of partnership or joint venture, or other appropriate document. If Bidder is an entity made up of multiple parties and no person or persons are designated to act on its behalf, all parties shall execute the Bid. (3) Addenda - Receipt of addenda must be acknowledged in the space provided in the Bid Letter. (4) The Bidder shall not delete, modify, supplement or make substitutions thereof, on the printed matter of the Contract Bid Forms or Bid Letter. (5) Corrections shall be initialed by the person who signs the Bid Letter. (6) Exceptions or qualifications to the Bid Documents are strictly forbidden. Any comment by the Bidder which the Owner determines can be construed as altering the requirements of the specifications or the terms and conditions of 111 the Contract will render the Bid nonresponsive and disqualify the Bidder from consideration for award. B. List of Proposed Subcontractors (Forms) State law prohibits substitution of subcontractors listed in the original Bid except as otherwise provided in Sections 4107 and 4107.5 of the California Public Contract Code. Bidders are required to list all Subcontractors whose participation in the Contract will exceed one -half of one percent (0.5 %) of the Total Bid Price. The List of Proposed Subcontractors Forms must be completed as set forth below. (1) Name List the name of Subcontractors who will perform work in excess of one half of one percent (0.5 %)of the Total Bid Price. (2) Location For listed Subcontractors, identify the location of its place of business (City and State). (3) Work. For listed Subcontractors, identify the type /portion of work to be performed in the Contract. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will not allow Bidders twenty -four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. 30. RESPONSIBILITY CRITERIA Responsibility is the apparent ability of the Bidder to meet and complete successfully the requirements of the Contract. The Owner reserves the right to consider the financial responsibility and general competency of each bidder, as well as its reputation within the industry. Owner may request, and apparent low biddershall provide, a financial statement, audited if necessary, including the Bidders latest balance sheet and income statement. Owner expects that each Bidder will fully and truthfully disclose all information required of the Bidder by the Bid Documents. The prospective contractor, in order to be evaluated by the Owner as being a responsible contractor, must complete Section 4 of the Contract Bid Forms to determine that it: A. Has or can secure adequate financial resources to perform the contract; Is able to meet the performance or delivery schedule of the contract, taking into consideration other business commitments; and C. Has a satisfactory record of performance. A contractor seriously deficient in current contract performance, considering the number of contracts and extent of the deficiencies, is presumed not to meet this requirement unless the deficiencies are beyond its control or there is evidence to establish its responsibility notwithstanding the deficiencies. Evidence of such satisfactory performance record should show that the contractor: (1) Has a satisfactory record of integrity in its dealings with government agencies and with subcontractors, and is otherwise qualified to receive an award under applicable laws and regulations; yGirf (2) Has the necessary organization, experience, satisfactory safety record, accounting and operational controls and technical skills or the ability to obtain them; and (3) Has the necessary production, construction, and technical equipment and facilities or the ability to obtain them. END OF INSTRUCTIONS TO BIDDERS ITB - 10 CITY OF ROSEMEAD CITY HALL GENERATOR REPLACEMENT PROJECT CONTRACT BID FORMS BIDDER: U 1110 1 (e- `p(ti$rhnCl SECTION 1 - BID SCHEDULE CBF -1 BID SCHEDULE SCHEDULE OF PRICES FOR CITY HALL GENERATOR REPLACEMENT PROJECT PROJECT No. P85329 BASE BID SCHEDULE NO. ITEM DESCRIPTION UNIT OF MEASURE EST. CITY. UNIT PRICE ITEM COST 1 Mobilization and Demobilization LS 1 40 00 0 L+0) O O J 2 Demolition LS 1 (�� �.Ov f C) U 0 3 Sitework LS 1 I Q () U l 0 00 4 Concrete Slab and Masonry Wall LS 1 Q D U `'j 5,0 0 0 5 Generator Equipment Package LS 1 2, UUo 1 1 2, OO O 6 Interconnecting Fuel Piping LS 1 ( -' t O 0 L 17, 000 7 Electrical System Modifications LS 1 6 g 0 6 1 607D 8 Control and Instrumentation LS 1 1 I �I obo ��/ 00 0 9 Modifications to Existing Structure LS 1 1 0 00 j 0 6 0 10 Total Cost of Other Miscellaneous Items to Complete Construction of City Hall Generator Replacement Project LS 1 �j 013 f j 0 b D TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ 3 S 0 4 VU O Dollar amount in written The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract forthe Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. CBF -2 BIDDER: VY11e- IRe Ma1V4C— C6-) � S`rvJ1 V it If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of Dollars ($ ) said amount being not less than ten percent (10 %) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. / T.I7►RT The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -3 By: Signature \A 0 V iy\�OK7 VGLh0.y\N1 Type or Print Name Title BIDDER: Business Street Address Q>syA N\eSGi t C lPn1L 1 �\ City, State and Zip Code °lkq— 6qs -sots K Telephone Number Bidder's /Contractor's State of Incorporation: 1\%. )e LOS(psta� ,A\ �26ti4 Partners or Joint Venturers: Bidder's License Number(s): S o \ D b O NOTES: 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation, partnership or joint venture has the authority to do so. CBF - 4 SECTION 2 BID DATA FORMS {tc \l l "SECTION 2 BID DATA CBF - 5 :.. .�n.0 Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2.A BID BOND \I2 "2.A BID BOND} KNOW ALL MEN BY THESE PRESENTS: THAT as Principal, and as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of ($ ) , being not less than ten percent (10 %) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the City Hall Generator Replacement Project as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this day of , 20_ (SEAL) Principal la 0 Signature (SEAL) Surety Signature G CBF -6 BIDDER: l�Y\1Q.N� 1 pv�5�roh•1K 2.6 LIST OF PROPOSED SUBCONTRACTORS (tc \I2 "2.B LIST OF PROPOSED SUBCONTRACTORS) In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or.render service to Bidder in or about the construction of the Work in an amount in excess of one -half of one percent (greater than 0.5 %) of the Bidders Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one -half of 1 percent of the Contractors total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty -four (24) additional hours afterthe deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5 %) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one -half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF -7 BIDDER: Un Iq, k�IP YknQh(� �py�SCYkLri ^' 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) ["Duplicate NeA 2 Pages d needed for listing addHional subcoMactors. I Name and Location Description of Work of Subcontractor to be Subcontracted Name: 4�; 14 dh,h S If L.. n 'n Address: age - Z C l� " C-4 Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted Name and Location of Subcontractor Name: Address Description of Work to be Subcontracted Name and Location Description of Work of Subcontractor to be Subcontracted Name: Address: Name and Location Description of Work of Subcontractor to be Subco Name: Address RM11U. 2.0 REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: 1. Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 2. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed K Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed 4. Name and Address of Owner Name and telephone number of person familiar with project Contract amount Type of Work Date Completed CBF -9 Bond No.: UNIQUE -028 Contract No. P 85329 Unique Performance BIDDER; C onstruction, Inc. Bidder shall submit its Bid data in accordance With the format shown on each of the following Bid Date Forms. Bidders shall prepare and use as many shsets as are necessary to adequately provide t i dentified do the quin is B idd er me S ensure page number. 2.A page of ha Bid Data Forms are 2.A A D� " (W Q "1.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT Unique Performance Construction, Inc. as Pdncipel, and North American Specialty °•Insurance Company _ as Surety. are held firmly bound unto the ,..«., we or1SF7aFAO n,erainafter called the OWNER) In the SUM of ($ Of Bi ) , being not less than ten psroenl (1 o%) of the Total Bid Price; for the payment of which Sum wig and truly to be made, we bind ourselves, our heirs, executors. administrator, successors, and aselgns, jointly and severally, firrlly by these presents. WHEREAS, Saki Principal has submitted a bid to the OWNER to perform all Work required for the City Halt Generator Replacement Protect as set forth in the Notice Inviting Bide and actor manying Bid Documents. dated N/A NOW, THEREFORE, If said Principal Is awarded a Contract for the Work by he OWNER and „within the time and in the manner required by the ebovc- referenced Bid Documents, enters MM the written form of Contract bound with said Bid Documents, fumishss the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance cprfifcates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall retrain In full force and effect. In the event suit is brought upon this bond b) the OWNER in such sun, including reasonable attomays' fee incurred by s to be fixed by the court. SIGNED AND SEALED, this 4th day of October _ 2p10 Unique Performance North American Special Co nstruction tnc (SEAL) insurance Companv it Principal 9 ty By' By. Slgna urs 4Ra chn ev —in- CBF -6 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: RANDY SPOHN and MATTHEW R. DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attomey(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24 of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached" gvckw 70" 0 Q¢ 'P t10 y p Y}t @4 B tiV' p0.PD "• SEAL �:m° Steven P.Anderann, President& Chid Eaecuave�cer aw.w.'ein lnteruaaond Insurance Company 2 e o SEAL rF S W., 1573 p y Statute n c & Statute Vi r m President MNerdi American Spec mpa Specialty Insurance Coay 6! � NANP5t'..,'bt'Q` �j .ya �u 1 Ey 171141 1111111110 By vv� l��rJ� `kiMAP�° jD' Ey David M cayman, Senior Vice President nrwosh n{ton alemadoanl Insurance Contrary 6 Yca Pmidmt allorth Ameriean Specialty ltmrance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused thew official seals to be hereunto affixed, and these presents to be signed by their authorized officers this Ina day of September , 2010 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On [his Ina day of September 20 10 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "5FF7C41LSEAL' DONNA D. SlQF175 NoaryPrblir, sate ofIDmou bty Commiaiou Etpim Ia�6= Donna D. Sklens, Notary Public I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 4th day of October 20 10 Lame A. Carpmm, Vim Fmndrr& As Sersmey or Washinpm Ivtevetimel 1 7.. Cmnpmy& Norh Ameicat Specalty Im,omu Contrary CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On October 4, 2010 before me Erika Guido, NOTARY PUBLIC . personally appeared RANDY SPOHN ® 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. ERIKA GUIDO I certi under PENALTY OF PERJURY under the laws of the State of o - COMM. # 1843731 f fy 3 N OTARY PuBuccAUFORNlAOCalifornia that the foregoing paragraph is true and correct. ORANGECOUNN ' m J My Comm. expires May 5.2013 t v-..- WITNESS my hand and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) � C)�0 coo 00 0z D DD 0 c 00 on � 0 on 10 o� a m m � 3 = gy m ° y D b p 2 0 T. N O D fJ d 0 co co S Cn d 01 N d - n d �• W 0 O w O) w GG N G N N (P N N J N y o y r rn y W m -� a m �k n A# A M O Co N m d Q° A ik 3k A J ° y ° m O 3 < m T. r 2 W 0 K Cn y 9 < W c) --i 2 0 m .z O m I" CD m T m ° o a) > w > > d m 3 p ° m' m D Xv 00 Er m o ° c 3 N > > d m m 0 m 7 < y m d O O C m O m (D '_! 3 m m x m m pj o n 3 co ° O CD .. m O d CD CS y N Cl. N Pn o N c S m y 3 CD C1 0 --i Co Cl) -i -i n 3 to -i cn -i - ;o C) > 3 cn -i aCm 'wvd o o d d 3 cr m a _; m 0 m o 0 m m o o m 0 m n 'p y M O F A y m — o N f > j N N — y O y m J N N ti O R° _ CD O) CD m _ N y -i 0� O r 0 1 0 °. ° (� m () 0 0 -I 0 -� O -� O 0 'm CD v� ° v 2 ? 2 7 Z@ CD CD y m y N m y m C O y m Q O N O O N m y m y m y m 7 y .. .'l 'p .7. V ;z m y m CA O• N .7. M .1 CD .Z CD CD O p O p 0 O p m m O O O O p O O o 0 m m m M co co CD N O O O m -, CD p `� CD a m o. m 3 'm p g a CD d D 7 -i '�° D x R v m a D G) m O ZT ° fD = (n m m 7 m d N ° .m = v m 0 0 7 co co A m V V N A V 0 — co m co f0 O O N A (A w A N O co S (O O & AL 6 l A l V) 6 W 6 CO 6 cD N C W Cl) W CA CD V m O CA O) W N O O co O N Cl) O co W O) W N (� W W O � O O (T cD 44 N 6 W W Cn m W co co co M O En N m CA O N m N O 0 N O W V O V W W N V N W V O) A m W O 6�9 N Ln W N Co OD EA lfl 1A � N 7 W A co IV O W C (T O v W O O O O N CD A °) W O O Cn O N N O O O O Cn O — O O O O O bl! N EA N (A co 1 A V EA W A EA fA N EA EA N fA Ot (!i co EA N N fn O O) N O _� A W N co m Cn Cn O O (r O CT O V CT O O O d O O O O O O O O O O O O O O O O O O O O O O O O O S O O O O O O O O W A O O0 W m ol 0 CI)l \ co O m m W W O m C (T O) CT O O) -4 V O O O O O O O O co O co O) V CO CO co CO co CO CO m o CA O `J W O O) OD D O CO m N O N O O O 0 CJ Q 3 cn c\ m C �_ -• y O O O _ O _ O _ O O _ O O O S 0 0 0 CO V 00 CD CD CO CO co O N C-) — o A o c o co O N Q7 y W A y^ n V N CD N A� CD U y V r n � CD D tD CD n N K) N V 0 0 CD n r Q 00 O ^ O rf a I p � A � A \I ►l h CD N 3 n ID 0 BIDDER: CO I.Kc- SECTION 3 NON - COLLUSION AFFIDAVIT{tc \11 "SECTION 3NON- COLLUSION AFFIDA CBF - 10 BIDDER: 6Aq - V ' ` a"' g5" mmtylo' NON- COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on 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 bidderor 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 of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, orto 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, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Sign re M OUWIWAC V Typed or Printed Name Title urj ,L.'P- Pew OL C6V\� r� a\01A.��� Bidder Subscribed and sworn before me This c�, day of 20 Z- 0 — r Nota 1c in and for the State of California My Commission Expires: ,/ u 2 2f'J?-- (Seal) ABDUL KALIM N COMM.# 1800454 tt^ �a NOTARY P UC CALIFORNIA UI ORANGE COUNTY MY CGuu.. Exp. A.2, 2012 ' .. ,_.. .. .v.,.........t CBF -11 CONTRACT BID FORMS TABLE OF CONTENTS SECTION1 BID SCHEDULE ....................................................................... ..............................1 SECTION 2 BID DATA FORMS ................................................................... ..............................5 2.A BID BOND ................................................................................ ..............................6 2.6 LIST OF PROPOSED SUBCONTRACTORS .......................... ..............................7 SECTION 3 NON - COLLUSION AFFIDAVIT ............................................... .............................10 CBF - 12 CITY OF ROSEMEAD CITY HALL GENERATOR REPLACEMENT PROJECT CONTRACTBID FORMS :s Oct 05 10 03:17p 6265692303 CITY OF ROSEMEAD ROSEMEAD, CALIFORNIA ADDENDUM NO.1 To all prospective bidders under Bid Documents for the CITY HALL GENERATOR REPLACEMENT PROJECT Projed No. P85329 1. You are hereby informed that the Bid Opening scheduled for 11:00 a.m. on Wednesday October 6, 2010 has been changed to October 20, 2010 at 11:00 a.m. The City of Rosemead will receive sealed bids up to 10:30 a.m. on October 20, 2010 and will follow up with publicly opening the bids at 11:00 a.m. 2. In addition, a mandatory pre -bid meeting will take place on Wednesday October 13, 2010 at 10:00 a.m. at City Hall, 8838 E. Valley Blvd., Rosemead, CA 91770. 3. Bidder shall have a Class "A" or a "B" license in good standing at the time bids are received. p.1 The rest of Bid Documents as originally issued shall be used in submitting bids, and an acknowledgement of receipt of this Addendum Number 1 shall be entered on the page CBF — 3 of the Contract Bid Forms. Failure to provide such acknowledgement shall render the bid as non - responsive and subject to rejection. BY ORDER OF THE CITY OF ROSEMEAD Date: October 5, 2010 By / Rafael Fajardo Associate Civil Engineer .— Beverly Bailey, Pre dent /CEO 10/5/10 Date MAYOR: MARGARET CLARK MAYOR PRO TEM: GARY TAYLOR COUNCIL MEMBERS: SANDRA ARMENTA POLLY LOW STEVEN LY October 14, 2010 Mr. Kamel Khahili Stronghold Engineering 2000 Market Street Riverside, Ca. 92501 Ppscftw gad 8838 E. VALLEY BOULEVARD • P.O. BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569 -2100 FAX (626) 307 -9218 Subject: City Hall Generator Replacement Project — Addendum #2 Dear Mr. Khahili: Transmitted herewith is a hard copy of Addendum #2 for the City Hall Generator Replacement Project in the City of Rosemead. Please note that as part of your bid package, your receipt acknowledgement of this addendum is mandatory. (See page CBF -3 of Contract Bid Forms). If you have any questions, please do not hesitate to call me at (626) 569 -2117. Sincer Silvia Llamas Public Works Administrative Assistant 10/14/10 Beverly Bailey, Presi nt /CEO Date BIDDER: Stronghold Engineerin Inc. SECTION 2 BID DATA FORMS {tc \ll "SECTION 2 BID DATA FORM CBF -5 :xecuted in Triplicate BIDDER: Stronghold Engineering Incor porated Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are propedy identified with the Bidder's name and page number. 2.A BID BOND {tc \I2 "2.A BID BOND) KNOW ALL MEN BY THESE PRESENTS: THAT Stronqhold Engineering Incorporated as Principal, and Safeco Insurance Company of America , as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of Ten Percent of the Bid Amount DOLLARS ($ %-------------------- - - - - -- ), being not less than ten percent (10 %) of the Total Bid Price; for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the City Hall Generator Replacement Project as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated 10/20/2010 NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above- referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this 1st day of October , 2010 Stronghold Engineering Incorporated (SEAL) Principal By: By: Signature Safeco Insurance Company of Janis Theodore, Attorney -In -Fact CBF -6 POWER OF ATTORNEY No. 9979 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ....... «. «.....GERRIT E. BROUWER, JEFFREY W. CAVIGNAC; JENNIFER L. COX; JAMES P. SCHABARUM, II; JANIS THEODORE; San Diego, California "'•"""""" " " " " "' " " " " "'' " " "' "" " " " " ..... .... Its true and lawful attomey(s) -in -fad, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 23rd J une 2010 day of — Dexter R Leon Secretary Timothy A. Mlkolalewskl, Vice President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed w affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument a undertaking.' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V. Section 13 of the By -Laws, and 00 A copy of the power-of- attomey appointment, executed pursuant thereto, and (iii) Certifying that said powerbf- attomey appointment is in full force and effect. the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.' I, Dexter R. Legg , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA. do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto. am true and correct and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corperatlon this SEAL day of n..r.,ho,- ' fit nn 1 A* AM, Dexter R. Legg, Secretary S- 0974,10S 109 'WEB POF CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA Countyof San Diego On 10/01/2010 before me, Kelly Weaver, Notary Public Date Here Insert Name and Title of the Officer personally appeared Janis Theodore who proved to me on the basis of satisfactory evidence to be the persons) whose name( is /aw subscribed to the within instrument and acknowledged to me that+te /sheAkey executed the same in+im'her /#rein authorized capacity(i"), and that by+(&herRherr signature( on the instrument the person(*, or the entity upon behalf of which the person(-) WEAVER acted, executed the instrument. COMM. #1859744 ® V 2 I certify under PENALTY OF PERJURY under the laws of 4 YC OIEGOCOEU�NTYs t the State of California that the foregoing paragraph is true AUGUSTI, 2013 ® and correct. Witness my ha a official seal Signature Place Notary Seal Above Sgr lure ryPubl' OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General ® Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name ❑ Individual ❑ Corporate Officer — Title(s)_ ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: BIDDER: Stronghold Engineering Inc. 2.13 LIST OF PROPOSED SUBCONTRACTORS \12 "2.B LIST OF PROPOSED SUBCONTRACTORS} In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one -half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one -half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty -four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greaterthan 0.5 %) of the Total Bid Price or, in the case of bids or offers forthe construction of streets or highways, including bridges, in excess of one -half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner approval. CBF -7 BIDDER: Stronghold Engineerino Inc. 2.6 LIST OF PROPOSED SUBCONTRACTORS (continued) ( "Duplicate Neri 2 Pages if needed Far listing additional su0contactors ^I Name and Location Description of Work of Subcontractor to be Subcontracted Above Ground Fuel Tank Installation Name: Tank Specialists of California Address: 5 60 Birch Street Bldg 3 Lake Elsinore, CA 92530 Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted Name and Location of Subcontractor Name: Address Description of Work to be Subcontracted Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted Name and Location of Subcontractor Name: Address: Description of Work to be Subcontracted BIDDER: Stronghold Engineerin Inc. 2.0 REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: 1. U.S. Department of the Navy 1205 Mill Road Bldg. 850, Suite 2, Port Hueneme, CA 93043 Name and Address of Owner Connell Williams, Construction Manager (805) 982 -2912 Name and telephone number of person familiar with project $687,093.00 Install Backup Generator 12/30/2009 Contract amount Type of Work Date Completed 2. U.S. Department of the Navy 2730 McKean Street, Bldg. 121, San Diego, CA 92136 Name and Address of Owner Shane Mahelona Contract Specialist (619) 556 -8681 Name and telephone number of person familiar with project $2,833,854.00 Replace Emergency Backup Generator 2/23/2009 Contract amount Type of Work Date Completed 3 U.S. Department of the Navy 2730 McKean Street, Bldg. 291, San Diego, CA 92136 Name and Address of Owner Jay Sithideth, Construction Manager (619) 524 -8532 Name and telephone number of person familiar with project $847,127.00 Electrical Distribution System with an Emergency Generator Install 12/3/2009 Contract amount Type of Work Date Completed 4. U.S. Department of the Navy 2730 M Kean Street San Diego, CA 92136 Name and Address of Owner Orlando Valenzuela, Engineering Tech (619) 556 -9126 Name and telephone number of person familiar with project $28,648,592.00 Renovate BEQ Electrical with an emergency Generator Install 4/11/2011 Contract amount - Type of Work Date Completed CBF -9 BIDDER: Stronghold Engineerin Inc. SECTION 3 NON - COLLUSION AFFIDAVIT {tc \11 "SECTION 3NON- COLLUSION AFFIDAVIT} CBF -10 BIDDER: Stronghold Engineerin Inc. NON - COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on 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 of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of 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, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Q�D• Signature Beverly Bailey Typed or Printed Name President /CEO Title Stronghold Engineering, Inc. Bidder Subscribed and sworn before me This -0(2_ day of (7c fi,6L✓ 2010 (Seal) Notan Public in and far KINDRAMICHELLEALEXANDER the State of California m @ My COMM. #1842021 v NOTARY PUBLIC • CALIFORNIA m RIVERSIDE COUNTY My Commission Expires: �11P Comm. Expires March 26, 2013 CBF - 11 BIDDER: Stronghold Engineerin Inc. CONTRACT BID FORMS TABLE OF CONTENTS SECTION1 BID SCHEDULE ....................................................................... ..............................1 SECTION 2 BID DATA FORMS ................................................................... ..............................5 2.A BID BOND ................................................................................ ..............................6 2.13 LIST OF PROPOSED SUBCONTRACTORS .......................... ..............................7 SECTION 3 NON - COLLUSION AFFIDAVIT .......................... .................................. 10 CBF -12 BIDDER: Stronghold Engineerin Inc. SECTION 1 - BID SCHEDULE CBF -1 BIDDER: Stronghold Engineerin Inc. BID SCHEDULE SCHEDULE OF PRICES FOR CITY HALL GENERATOR REPLACEMENT PROJECT PROJECT No. P85329 BASE BID SCHEDULE TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ `437,2 6 .0 — F hu,00 all 4hkilj Sewg 4hvuLl"' ' - jw. Uu✓ r-h amp 4'ifA tto. Dollar amount in written form The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract forthe Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govem. CBF -2 UNITOF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1 Mobilization and Demobilization LS 1 Q i'Doo p 0 �• 2 Demolition LS lb � 97 0 3 ' Sitework LS 1 QOO. a. �$ odd' 4 Concrete Slab and Masonry Wall LS 1 yU�6�• r•�0 5 Generator Equipment Package LS �40r (r(0 oa ��- g Interconnecting Fuel Piping LS 1 �L 7 Electrical System Modifications LS 8 Control and Instrumentation LS 1 S QQt)• w 3 Udd. r 9 Modifications to Existing Structure LS 1 Q(JQ. l�d� 10 Total Cost of Other Miscellaneous Items to Complete Construction of City Hall Generator Replacement Project LS 1 TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$ `437,2 6 .0 — F hu,00 all 4hkilj Sewg 4hvuLl"' ' - jw. Uu✓ r-h amp 4'ifA tto. Dollar amount in written form The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract forthe Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govem. CBF -2 BIDDER: Stronghold Engineerin Inc. If the Bid Documents specify alternate bid items, the following Alternate Bid amounts shall be added to or deducted from the Total Bid Price entered above. The owner can choose to include one or more of the alternates in the Total Bid Price of the Project. If any of the Alternate Bids are utilized by the Owner, the resulting amount shall be considered the Total Bid Price for the Project. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of 10% o£ base bid Dollars ($ ) said amount being not less than ten percent (10 %) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder's California contractor's license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. 1 & 2 The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. CBF -3 BIDDER: Stronghold Engineerin Inc. By: �. Signature Beverly Bailey Type or Print Name President /CEO Title 2000 Market Street Business Street Address Riverside, CA 92501 City, State and Zip Code 951 684 -9303 Telephone Number Bidder's /Contractor's State of Incorporation: California Partners or Joint Venturers: Bidder's License Number(s): 787490 A /B /C -lo NOTES: 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation, partnership or joint venture has the authority to do so. CBF -4 AMENDMENT TO BYLAWS January, 2001 WHEREAS, the Board of Directors by majority vote in a noticed meeting with a quorum present is empowered to amend the bylaws of the Stronghold Engineering Inc. corporation, and; WHEREAS, it is in the best interests of the corporation to take advantage of all business opportunities available to the corporation because of its organization, and; WHEREAS, it is the intent of the corporation to be structured so that Beverly A. Bailey, President and Chairman of the Board of Directors, cannot be outvoted in all corporate matters; NOW THEREFORE BE IT RESOLVED, that the bylaws of the corporation are hereby amended so that the maximum number of authorized directors of Stronghold Engineering, Inc. is two; BE IT FURTHER RESOLVED, that, by this amendment to these bylaws, each holder of common shares of Stronghold Engineering, Inc. shall be granted pre- emptive rights, as these rights are determined by law, to subscribe for or purchase that holder's proportional part of any common shares that may be issued.in the future at any time by this corporation, if any; BE IT FURTHER RESOLVED, that Stronghold Engineering, Inc. authorizes no more than one vote per share of outstanding common stock, in accordance with California Corporations Code. BE IT RESOLVED, that these amendments shall remain in effect unless further amended by action of the Board of Directors, pursuant to a noticed meeting, and Bailey4Secr in accordance with applicable California corporate law. Beverly A. Bailey, Chairman Sc A. ae g Cvnclvc.�eeP S v a+-� D l / 'a S �0 , •✓1 January 2001. AMENDMENT TO BYLAWS Page 1 of 1 AMENDMENT TO BYLAWS . February, 2001 WHEREAS, the Board of Directors by majority vote in a noticed meeting with a quorum present is empowered to amend the bylaws of the Stronghold Engineering Inc. corporation, and; WHEREAS, it is In the best interests of the corporation to take advantage of all business opportunities available to the corporation because of its organizational structure, and; WHEREAS, it is the intent of the corporation to be structured so that Beverly A. Bailey, President and Chairman of the Board of Directors, maintains ultimate control of the corporation, and; WHEREAS, the authorized number of Directors of Stronghold Engineering is two which could result in a tie vote on the Board of Directors, and; WHEREAS, in order to maintain ultimate control of the corporation Beverly A. Bailey's vote as one of two authorized Directors must be given preference in the event of any tie vote so that Beverly A. Bailey retains ultimate control of the Board of Directors and the corporation, and cannot be outvoted in any corporate matter in which the Board of Directors is required or permitted to act; NOW THEREFORE BE IT RESOLVED, that the bylaws of the corporation are hereby amended to state that in the event of any tie vote on any matter among the only two authorized members of the Board of Directors, Beverly A. Bailey's vote shall be the controlling vote and shall break any such tie votes; BE IT FURTHER RESOLVED, that these amendments shall rema amended by action of the Board of Directors, pursuant to a noticed with applicable California corporate law. February 2001 AMENDMENT TO BYLAWS Page 1 of 1 in in effect unless further meeting, and in accordance MINUTES OF ORGANIZATIONAL MEETING OF Stronghold Engineering Incorporated A California Corporation The Incorporator(s) named in the Articles of Incorporation of the above named corporation held a meeting at the time, on the day and at the place set forth herein below for the purpose of completing the organization of said corporation: TIME: 12:00 p.m. DATE: January 1, 2000 PLACE: Riverside Present at said meeting were the following person(s): Beverly A. Bailey Scott A. Bailey The following named persons acted as Temporary Chairman and Temporary Secretary of the meeting: Temporary Chairman: Beverly A. Bailey Temporary Secretary: Scott A. Bailey The Chairman stated that the original Articles of Incorporation had been filed in the Office of the California Secretary of State on January 1, 2000. The Chairman presented to the meeting a certified copy of said Articles of Incorporation showing filing as stated and the Secretary was directed to insert said copy in the Book of Minutes of the corporation. The matter of the adoption of Bylaws for the regulation of the corporation was next considered. The Chairman presented to the meeting a form of Bylaws and recommended that the same be adopted as Bylaws of the corporation. On motion duly made,' seconded and carried, the following resolutions were adopted: WHEREAS,. Bylaws for the regulation of the affairs of this corporation have not yet been adopted; and WHEREAS, there has been presented to this meeting a. form of Bylaws for the regulation of the affairs of this corporation; and WHEREAS, it is deemed to be in the best interests of this corporation and its shareholders that said Bylaws be adopted as and for the Bylaws of this corporation; and WHEREAS, the undersigned Incorporator(s) is /are empowered pursuant to Section 210 of the California Corporations Code to adopt Bylaws of the corporation; NOW, THEREFORE, BE IT RESOLVED, that the Bylaws presented to this meeting be and the same hereby are adopted as and for the Bylaws of this corporation. RESOLVED FURTHER, , that the Secretary of this corporation be, and hereby is, authorized and directed to execute a certificate of the "adoption of said Bylaws and to insert said Bylaws as so certified in the Book of Minutes of this corporation and to see that a copy of, said Bylaws, similarly certified, is kept at the principal office for the transaction of business of this corporation, in accordance with Section 213 of the California Corporations Code. The Chairman presented for the approval of the meeting a proposed seal of the corporation consisting of two (2) concentric circles with the words: Stronghold Engineering Incorporated and the words and figures "INCORPORATED, January 1, 2000, CALIFORNIA ", in the form and figures as follows: On motion duly made, seconded and carried, the following resolution.was adopted: RESOLVED, that the corporate seal, in the form, words, and figures presented to this meeting be and the same hereby is adopted as the seal of this corporation. The meeting then proceeded to the election of directors of the corporation. The- Chairman stated that the Bylaws of the corporation provide that the. authorized number of directors of the corporation shall be six (6) until changed by an amendment to said Bylaws and that pursuant to the authority granted to the Incorporators) of the corporation under Section 210 of the ,California Corporations Code, said Incorporators) is /are empowered to elect the first directors of the corporation. Accordingly, the Incorporator (s), in the exercise of said power and authority, duly elected to the Board of _Directors of the corporation the following persons: Beverly A. Bailey Scott A. Bailey All of said persons being present, each accepted his or her respective directorship. Thereafter, on motion duly made, seconded and unanimously carried, Beverly A. Bailey,was elected to preside as chairman for the balance of the meeting and Scott A. Bailey was elected to preside as secretary for the balance of the meeting. The meeting then proceeded to the election of a President, a Vice - President, a Secretary and a Chief Financial Officer. The following were duly elected to the offices indicated after the names of each: Beverly A. Bailey, President Scott A. Bailey. Vice- President Scott A. Bailey Secretary Beverly A. Bailey Chief Financial officer Each officer so elected being present, accepted his or her respective office. The chairman then presented to the meeting a proposed form of share certificate for use by the corporation. On motion duly made, seconded and unanimously carried, said form of share certificate was approved and adopted and the Secretary was instructed to insert a copy thereof in the Book of minutes immediately following the minutes of the meeting. The Chairman stated that the corporation has received a written offer to transfer to this corporation the business and assets of transfer in consideration of the issuance by this corporation, in the proportions set forth in said offer, of certain shares of this corporation's capital stock. A copy of the offer precedes.the minutes of the meeting. On motion duly made, seconded and unanimously carried, the following resolutions were adopted: WHEREAS, it is deemed to be in the best interests of this corporation to accept said offer; and WHEREAS, this corporation is authorized to issue an aggregate of 500,000 shares of its capital stock; NOW, THEREFORE, BE IT RESOLVED, that any officer of this corporation be and is hereby authorized and directed to prepare or cause to be prepared, verified and filed on behalf of this corporation, a Notice of Issuance of. securities not later than ten (10) business days after receipt of consideration for the shares of stock, pursuant to Subdivision (h) of Section 25102 of the California Corporations Code, notifying the Commissioner of Corporations of the State of California that it is issuing 1000 shares of its capital stock to any or all of the persons, in the amounts, and in consideration of the business and assets as described in said offer, as follows: NAME NO. SHARES AMOUNT Beverly A. Bailey 510 $510.00 Scott A. Bailey 490 $490.00 RESOLVED, FURTHER, that the value per share for purposes of this issuance shall be fixed at $1.00; and RESOLVED, FURTHER, that all such shares of stock shall be evidenced by a certificate or certificates having prominently fixed thereon a legend in accordance with the provisions of Section 25102 (h) of the California Corporations Code; and RESOLVED, FURTHER, that the Board of Directors hereby determines that the fair value to this corporation of the consideration, other than money, for which the aforesaid shares are to be issued is and RESOLVED, FURTHER that the President, or the Vice President, and the Secretary or the Assistant Secretary be and they hereby are authorized and directed to sell and issue shares of stock of this corporation to the persons and in the amounts and for the consideration stated in these resolutions. RESOLVED, FURTHER, that the officers if this corporation be and they hereby are authorized and directed to execute all documents and to take such action as they may deem necessary or. advisable to carry out and perform the purposes of these resolutions. Subchaptcr S NOW, THEREFORE, BE IT RESOLVED, that the shares issued pursuant to the foregoing resolutions are intended to be "Section 1244 stock" as defined in Section 1244 of the Internal Revenue Code of 1986, as.amended, and "Section 18151 stock" as defined in Section 18151 of the California Revenue and Taxation Code. The meeting then proceeded to the matter of qualifying Shareholders of the corporation to receive the benefits of Section 1244 of the Internal Revenue Code of 1986, as amended, and Section. 18151 of the California' Revenue and Taxation. Code. The Chairman reported that the aforesaid Code Sections allow persons who purchase common stock of a corporation to obtain an ordinary loss deduction under certain circumstances in the event that they subsequently sell such stock at a loss or if such stock becomes worthless. The Chairman also reported that the corporation's stock qualifies for such treatment in that (i) this corporation is a domestic corporation; (2) the stock to be sold and issued; as herein above provided, is "common" stock of this corporation; (3) the aggregate amount of money and other property received for said stock, as contribution to capital and as paid in surplus by the corporation will not exceed $1,000,000; and (4) said stock is to be issued only for money or property other than stock or securities. . After further discussion and upon motion duly made and seconded, the following resolutions were unanimously adopted: WHEREAS, this corporation. is a small business corporation, as defined in Section 1244(c)(3) of the Internal' Revenue Code of 1986, as amended, and Section 18151 of the California Revenue and Taxation Code; and WHEREAS, the corporation intends to sell and issue shares of its common stock to the persons, in the amounts and for the consideration herein above provided; and WHEREAS, the consideration to be received by the corporation for such sale and issuance will be only money or other property, other than stock or securities; and WHEREAS, it is deemed desirable that the sale and issuance of shares of stock of this corporation be effectuated in such a manner that qualified Shareholders may receive the benefits of Section 1244 of the Internal Revenue Code of 1986, as amended,..and Section 18151 of the California Revenue and Taxation Code; NOW, THEREFORE, BE IT RESOLVED, that the shares issued pursuant to the foregoing resolutions are intended to be "Section 1244 Subchapter S stock" as defined in Section 1244 of the Internal Revenue Code of 1986, as amended, and "Section 18151 stock" as defined in Section 18151 of the California Revenue and Taxation Code. The Chairman next recommended that the Board consider the advisability of the corporation making an election under Section 1362 of the Internal Revenue Code to become a "S Corporationn, in accordance with the provisions of Subchapter S. of the Internal Revenue Code of 1986, as amended, and California Revenue and Tax Code Section 23801. The Chairman explained that such election permits, in general, the profits and losses of the corporation to be passed through directly to the shareholders of the corporation, with the. corporation, except under special circumstances, to be a non - taxable entity for federal purposes and taxable for state purposes at the tax rate stated in California Revenue and Tax Code Section 23802. He further explained that such election would not necessarily be a permanent action; but, rather, could be revoked by the corporation at such subsequent time as deemed to be in the best interests of the shareholders, subject to the written consent of such revocation by shareholders holding more than 50 of the corporation's outstanding stock on the day on which such revocation is made. Following discussion of the matter, upon motion duly made and seconded, the following resolutions were unanimously adopted: WHEREAS, this corporation is a domestic corporation, not a member of an affiliated group of corporations within the definition of Section 1504(a) of the Internal Revenue Code of 1986, as amended (the "Code "), nor an otherwise ineligible corporation, as defined in Sections 1361(b)(2) and (c)(6) of the Code; and Subchapta S WHEREAS, this corporation does not have more than 35 shareholders, all of whom are either (1) individuals, (2) decedent's estates, (3) .bankrupt's estates, or (4) trusts described-in Section 1361 of the Code, and none of whom are non- resident aliens or foreign trusts; and WHEREAS; when shares of this corporation have been sold and issued pursuant to the foregoing resolutions, this corporation will have only one class of capital stock which is issued and outstanding; and WHEREAS, it is deemed to be in the best interests of this corporation and. its shareholders that the corporation make an election under Subchapter S of the Internal Revenue Code and under California Revenue and Tax Code Section 23801 to be taxed hereafter as a S Corporation pursuant to the provisions thereof; NOW, THEREFORE, BE IT RESOLVED, that this corporation hereby elects, in accordance with the provisions of Section 1362 (a) of the Internal revenue Code of 1986, as amended and the provisions of California Revenue and Tax Code Section 23801 to be taxed as a S Corporation; and RESOLVED FURTHER, that any officer of this corporation be, and hereby is, authorized, directed and empowered on behalf of this corporation, and in its name, to execute and file with the Internal Revenue Service and the Franchise Tax Board an appropriate election on such form, instrument or document, and amendments thereto, as shall constitute an election by this corporation to be taxed under Subchapter S of the Internal Revenue Code of 1986, as amended, and California Revenue and Tax Code Section 23801 and to do or cause to be done any and all other acts and things as such officer may, in his or her discretion, deem necessary or . appropriate to carry out the purposes of the foregoing resolution, including, without limiting the generality thereof,, securing the written consent to such election by each of the shareholders of this corporation. Subchq= S After some discussion, the location of the principal office of the corporation for the transaction of. the business of the corporation was fixed pursuant to the following resolution unanimously adopted, upon motion duly made and seconded: .RESOLVED, that the location of the principal office for the transaction of the business of this corporation, until changed by. subsequent resolution of this Board, shall be as follows: .3421 Gato Court Riverside, CA 92507 To provide for a depository for the funds of the corporation and to authorize certain officers to deal with the corporate funds, the following resolutions were duly adopted: RESOLVED, that all funds of this corporation be deposited with such commercial bank or depository as the President or Vice President of this corporation shall determine; and RESOLVED FURTHER, that any officer of this corporation shall be authorized to endorse checks, drafts, or other evidences of indebtedness made payable to the order of this corporation, but only for the purpose of deposits; and RESOLVED FURTHER, that all checks, drafts, and other instruments obligating this corporation to pay money shall be signed on behalf of this corporation by the following officers thereof: Beverly A. Bailey Scott A. Bailey In order to provide for the payment of the expenses of incorporation and'organization of the corporation, on motion duly made, seconded, and unanimously carried, the following resolution was adopted: RESOLVED, that the President, or vice President and the Chief Financial officer of this corporation be, and they hereby are, authorized and directed to pay the expenses of the incorporation and organization of this corporation. Beverly A. Ba' ey, Temporary Chairman Q 'V Beve ly A. BaAey, President and hairman ATTE -�� Sc A. Bailey, Dean K.-- amm'e1r�PA, Temporary Secretary Incorporator Scott A. Bailey, Secretary MAYOR: GARY TAriOR MAYOR PRO TEM: ST_VEN LY COUNCIL MEMBERS: SANDRA ARMENTA MARGARETCLARK POLLY LOW C i cy Ppscmcad 8838 E. VALLEY BOULEVARD • P.O. BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE ( 6 626) 569 -2100 FAX (626) 307 -9218 VIA EMAIL AND FIRST CLASS MAIL November 1. 2010 Moumtaz Kabany, President Unique Performance Construction Inc. 1931 Newport Blvd., Suite D Costa Mesa CA 92627 Re: City of Rosemead City Hall Generator Replacement Project Dear Mr. Kabany, The City has received and reviewed your company's bid submittal regarding the City Hall Generator Replacement Project. Per the advertised bid documentation for the Project, under `Instruction to Bidders Section 23, page ITB -7 and under "Contract Bid Forms ", Section 2.C, "References ", page CBF -9, the City required that three (3) public agency references for similar work, within the past two (2) years be included as part of contractor bids. In response to this requirement, your company's bid submittal only included a reference work list that involved sidewalk, curb /ramps and traffic signal projects. However, these types of projects are not "similar' to replacement/installation of emergency generators. For this reason, City staff intends to recommend that the City Council reject the bid of Unique Performance Construction, Inc. as non - responsive and award the contract to the next lowest responsive bidder for the project. This recommendation will be considered by the City Council at its meeting on November 9, 2010 at 7:00 p.m. at Rosemead City Hall located at 8838 East Valley Boulevard, Rosemead, CA 91770. If you wish, you may appear or submit written comments at the City Council meeting on November 9", 2010. If you have any questions, please feel free to contact me at (626) 569 -2191. Sincerely, Farid Hentabli Public Works Department City of Rosemead Subject: Contesting the City decision Mr. Hentabli, We are in receipt of your letter via email dated 11/01/2010 intending to recommend a rejection of our bid for the above project and award it to the next lowest bidder. Please note that we are contesting your decision to reject our bid for not doing three similar projects for the last two years. The city did not advertise that the lowest bidder should have done three similar projects in the last two years as a condition to award the project, and we bid the project accordingly. It is not fair that after the bid results are out, the city decide to make this as a condition to award the project. You refer in your letter to section 23, page ITB -7 of the "instruction to bidders" which states: (23. Experience And Technicel Requiruments Bidders are required to provide the expenence and qua96cation information required as part of the contract bid forms. The purpose of this date is to provide the information necessary for the owner to delermim whether the bidders have the necessary experience in order to responsibly tarty out the nvnc Biddershall armver all questions and pnrvide informaton requested by the contract bid forms) As you notice, bid documents did not require that we should have done three similar projects in the last two years. Even in the bid forms, it asked for three similar projects in the last two years as a courtesy not as a condition. As for our experience to do similar project; (As we explained to you on the phone, through a conference call upon your request with you and the electrical consultant after the bid opening), We just finished installing and connecting a standby generator (140 KW, with two propane tanks 2000 gallons each, ATS, two transformers, Main Switchboard) for the city of Rancho Palos Verdes, the project is completed and in operation. We dealt with the city representatives, Edison, LA fire department, AQMD department and we complied with all the required rules and regulation. We did a quality project and you are welcome to visit the site and check our work. 1931 D Newport Blvd. Unique Perfonnmuce Costa Mesa, CA92627 Phone: 949 -645 -5025 Conduction, hic Fax: 949 -631 -7591 Lic. Y 801860 November 4, 2010 Attn: Farid I-lentabli Via: Fax, I-mail and certified letter 8838 E. Vallee Boulvard P.O.Box 339 Rosemead, California 91770 �p 626 -569 -2100 i �\ 0 626- 307 -9218 fax = K Project. City of Rosemead City Hall Generator Replacement Project Subject: Contesting the City decision Mr. Hentabli, We are in receipt of your letter via email dated 11/01/2010 intending to recommend a rejection of our bid for the above project and award it to the next lowest bidder. Please note that we are contesting your decision to reject our bid for not doing three similar projects for the last two years. The city did not advertise that the lowest bidder should have done three similar projects in the last two years as a condition to award the project, and we bid the project accordingly. It is not fair that after the bid results are out, the city decide to make this as a condition to award the project. You refer in your letter to section 23, page ITB -7 of the "instruction to bidders" which states: (23. Experience And Technicel Requiruments Bidders are required to provide the expenence and qua96cation information required as part of the contract bid forms. The purpose of this date is to provide the information necessary for the owner to delermim whether the bidders have the necessary experience in order to responsibly tarty out the nvnc Biddershall armver all questions and pnrvide informaton requested by the contract bid forms) As you notice, bid documents did not require that we should have done three similar projects in the last two years. Even in the bid forms, it asked for three similar projects in the last two years as a courtesy not as a condition. As for our experience to do similar project; (As we explained to you on the phone, through a conference call upon your request with you and the electrical consultant after the bid opening), We just finished installing and connecting a standby generator (140 KW, with two propane tanks 2000 gallons each, ATS, two transformers, Main Switchboard) for the city of Rancho Palos Verdes, the project is completed and in operation. We dealt with the city representatives, Edison, LA fire department, AQMD department and we complied with all the required rules and regulation. We did a quality project and you are welcome to visit the site and check our work. November 4, 2010 We have a certified technician on board that enable us to do any electrical work. We have electrical consultant who has 30 plus years experience in electrical work that working with us. We had done so many traffic signal projects for Caltrans which require an experienced electrical technician. During our last ten years of work in public work projects, we did not have any problems with any owners, architects, inspectors, suppliers or laborers. We are SBE, Small Business Enterprise, Our goal is to do the job right, make some profit and get out making everyone happy. On the other hand, we will supply you with a performance bond which allows you to replace us with any contractor in case we default on our work, which never happened with us during the last ten years of our work with the public work agencies. We feel that we are already treated unfairly because we do not have three similar projects and it is unjust to award the project to the next lowest bidder for such a reason which was not stated clearly in the bid documents We would like that you review your decision for the fairness of the public bid procedure and for saving money out of the tax payer's. If you need any more information, you can call me at 949 -645 -5025 Thanks Matt Kabany Unique Performance Construction, Inc. ��. 1 DNBia :. 4 r t ATTN:Chris Marcarello Report Printed:November 04, 2010 Live Report: GAMMILL ELECTRIC, INC. D- U -N -S® Number: 04- 1684754 Trade Names: No trade names for this company. D&B Address Address 1311W Foothill Blvd Moved From 1013 S Mountain Ave, Monrovia, Ca Azusa,CA - 91702 Phone UNKNOWN Location Type Headquarters Web www.gammillelectric.com Fax Company Summary Trade Payments - Timeliness of Historical Payments ............................................ ............................... When weighted by amount, Payments to suppliers average 11 days beyond terms 120 Days 30 Days Slow Slow Prompt Vj 73 Predictive Indicators - Risk of Payment Delinquency ............................................ ............................... 5 4 3 2 1 High Low This assessment is based on D &Bs Commercial Credit Score. This assessment is based on D &Bs 12 -month PAYDEX® Score Predictive Indicators - Risk of Financial Stress ............................... ............................... I .......... Low To Moderate risk of severe financial stress over the next 12 months. 5 4 3 20 1 i High Low This assessment is based on D &Bs Financial Stress Score History & Operations ............................................ ............................... This is a headquarters location Branch(es) or Division(s) Y exist Chief Executive JOHN OLDHAM, F Year Started 1967 Employees 16 (5 H e r e) SIC 1731,7629 Predictive Indicators - Supplier Evaluation Risk ............................................ ............................... This businesss supplier evaluation rating of 0 means it is in open bankruptcy, has discontinued operating at this location or cannot be scored. Predictive Indicators - Credit Capacity ............................................ ............................... D &B RATING: 1R2 Numberof employees: 1R indicates 10or more employees Composite credit appraisal: 2 is good This assessment is based on D &Bs D &B Rating. Line of business Electrical contractor, electrical repair, mfg swilchgear/ switchboards NAICS 238210 History Status CLEAR Public Filings ......................................... ............................... The following data includes both open and closed flings found in D &B's database on this company. Record - Type Number of Most Recent Records Filing Date Bankruptcies 0 - Judgments 0 - Liens 0 - Suits 0 - UCCs 0 - The public record items contained herein may have been paid, terminated, vacated or released prior to today's date. Predictive Ind Currency: Shown in USD unless otherwise indicated Credit Capacity Summary ............................................................................................................................................................ ............................... This credit rating was assigned because of D&Bs assessment of the companys creditworthiness. For more information, see the D &B Rating Ke y D8B Rating : t R2 Number of employees: 1R indicates 10 or more employees Composite credit appraisal: 2 is good The 1R and 2R ratings categories reflect company size based on the total number of employees for the business. They are assigned to business files that do not contain a current financial statement. In 1R and 2R Ratings, the 2, 3, or creditworthiness indicator is based on analysis by D &B of public flings, trade payments, business age and other important factors. 2 is the highest Composite Credit Appraisal a company not supplying D &B with current financial information can receive. Below is an overview of the company's rating history since 11- Number of 20 -1997 Employees Total: 16 (5 here) D &B Rating Date Applied 1R2 10 -17 -2006 BA1 10 -05 -2005 1R2 04 -18 -2005 BA2 09 -21 -2004 BA1 11 -27 -2001 BA2 09 -03 -2001 BA1 03 -03 -2001 BB1 12 -20 -1999 BB2 02 -06 -1999 BB1 11 -20 -1997 Payment Activity: -_ . (based on 39 experiences) Average High Credit: 3,620 Highest Credit: 100,000 Total Highest Credit: 224,200 2 D &B Credit Limit Recommendation Conservative credit Limit 30,000 5 4 3 2 1 Aggressive credit Limit: 55,000 i ) Risk category for this business : LOW High Moderate Low This recommended Credit Limit is based on the company profile and on profiles of other companies with similarities in size, industry, and credit usage. Risk is assessed using D &Bs scoring methodology and is one factor used to create the recommended limits. See Help for details. Financial Stress Class Summary ............................................................................................................................................................ ............................... The Financial Stress Score predicts the likelihood of a firm ceasing business without paying all creditors in full, or reorganization or obtaining relief from creditors under state /federal law over the next 12 months. Scores were calculated using a statistically valid model derived from D &Bs extensive data files. The Financial Stress Class of 2 for this company shows that firms with this class had a failure rate of 0.09% (9 per 10,000), which is lower than the average of businesses in D & B's database Financial Stress Class : 5 4 3 20 1 High Low Moderate risk of severe financial stress, such as a bankruptcy, over the next 12 months. Probability of Failure: • Among Businesses with this Class: 0.09 % (9 per 10,000) • Financial Stress National Percentile : 81 (Highest Risk: 1; Lowest Risk: 100) • Financial Stress Score :   1534 (Highest Risk: 1,001; Lowest Risk: 1,875) • Average of Businesses in D &Bs database: 0.48 % (48 per 10,000) The Financial Stress Class of this business is based on the following factors: • Low proportion of satisfactory payment experiences to total payment experiences. • Unstable Paydex over last 12 months. Financial Stress Percentile Trend: 100 — i '____.__ ------- �. 70— _ ... .._ _ -. ___ ... _ _. i i i __ 60 60 60' 60 60' _ 60— �. __ /• •--- -• • •. __ - ___ _ s4 '�•s s4� s4 s 50 —d'r .. - -- ` - -- , i i i UN— 10/09 11/09 12/09 1/10 2/10 3110 4110 5/10 6/10 7110 8 /10 9/10 • This Company Notes: • The Financial Stress Class indicates that this firm shares some of the same business and financial characteristics of other companies with this classification. It does not mean the firm will necessarily experience financial stress. • The Probability of Failure shows the percentage of firms in a given Class that discontinued operations over the past year with loss to creditors. The Probability of Failure - National Average represents the national failure rate and is provided for comparative purposes. • The Financial Stress National Percentile reflects the relative ranking of a company among all scorable companies in D &Bs file. • The Financial Stress Score offers a more precise measure of the level of risk than the Class and Percentile. It is especially helpful to customers using a scorecard approach to determining overall business performance. 108- 90 80 70 so s8 40 30 20 UN — National %, _ -- This Business 81 Region: PACIFIC 52 Industry: CONSTRUCTION 49 Employee range: 10 -19 66 Years in Business: 26+ 77 This Business has a Financial Stress Percentile that shows: Lower risk than other companies in the same region. Lower risk than other companies in the same industry. Lower risk than other companies in the same employee size range. Lower risk than other companies with a comparable number of years in business. Credit Score Summary ................................................................................................................... ............................... -........ ............................... The Commercial Credit Score predicts the likelihood that a company will pay its bills in a severely delinquent manner (90 days or more past terns), obtain legal relief from creditors or cease operations without paying all creditors in full over the next 12 months. Scores are calculated using a statistically valid model derived from D &B's extensive data files. The Credit Score class of 2 for this company shows that 10.6% of firms with this class paid one or more bills severely delinquent, which is lower than the average of businesses in D & B's database. Credit Score Class : 5 4 3 2 l Vr Hiah Low Incidence of Delinquent Payment • Among Companies with this Classification: 10.60 % • Average compared to businesses in D &Bs database: 23.50 % • Credit Score Percentile : 76 (Highest Risk: 1; Lowest Risk: 100) • Credit Score: 457 (Highest Risk: 101; Lowest Risk:670) The Credit Score Class of this business is based on the following factors: • Most recent amount past due. This Business Region Industry Employee Range Years in Business PACIFIC CONSTRUCTION 10 -19 26+ • Business is privately held. Credit Score Class Percentile Trend: 100 — 80 — 79- --- - ____ ___ 7� t 60 — - ______ _ ! ' 551 55 55� - 52� I ♦ —♦ 50 — ___ L . 4% f. ________ 3 L_ ------------ - 40 ..__..�_ .. � ............. ... ..... . r" 32. 3 30 — 20— UN — 10109 11/09 12/09 1/10 2/10 3/10 4/10 5/10 6/10 7110 8110 9/10 • This Company Notes: • The Commercial Credit Score Risk Class indicates that this firm shares some of the same business and financial characteristics of other companies with this classification. It does not mean the firm will necessarily experience severe delinquency. • The incidence of delinquency shows the percentage of firms in a given percentile that are likely to pay creditors in a severely delinquent manner. The average incidence of delinquency is based on businesses in D &B's database and is provided for comparative purposes. • The Commercial Credit Score percentile reflects the relative ranking of a fine among all scorable companies in D &B's file. • The Commercial Credit Score offers a more precise measure of the level of risk than the Risk Class and Percentile. It is especially helpful to customers using a scorecard approach to determining overall business performance. too - 90 80 70 60 so 40 30 20 UN — Norms " National % - -- This Business 76 Region: PACIFIC 46 Industry: CONSTRUCTION 49 Employee range: 10 -19 75 Years in Business: 26+ 88 This business has a Credit Score Percentile that shows: Lower risk than other companies in the same region. Lower risk than other companies in the same industry. Lower risk than other companies in the same employee size range. 5 PACIFIC CONSTRUCTION 10 -19 26+ Higher risk than other companies with a comparable number of years in business. Predictive Indicators - Supplier Evaluation Risk Rating ............................................ ............................... Supplier Evaluation Risk Rating: 0 • Average Payments are 11 day(s) beyond terms. • Average Industry Payments are 5 day(s) beyond terms. • Business moved -see SPECIAL EVENTS section. • Special events have been reported. • Under present management control 43 years. Trade Payments Currency: Shown in USD unless otherwise indicated f Payment Summary ............................................................................................................................................................ ............................... There are 39 payment experience(s) in DSBs file for the most recent 12 months, with 24 experience(s) reported during the last three month period. The highest Now Owes on file is 20,000. The highest Past Due on file is 7,500 Below is an overview of the company's currency - weighted payments, segmented by it's supplier's primary industries Total ' - Within <3 31-60 61 -90 Days Slow Total Largest High n <3 Revtl Terms Amts Cretltt. 1 %) 1 %) Top Industries Whol electrical equip 5 26,250 20,000 52 48 0 0 0 Nonclassified 5 1,650 1,000 100 0 0 0 0 Short-tnn burn credit 3 21,050 20.000 100 0 0 0 0 Natnl commercial bank 2 22,500 20,000 100 0 0 0 0 Public finance 2 7,550 7,500 100 0 0 0 0 Misc business service 2 3,250 2,500 100 0 0 0 0 Help supply service 1 25,000 25,000 50 0 50 0 0 Mfg overhead hoists 1 7,500 7,500 100 0 0 0 0 Whol plumb /hydronics 1 2,500 2,500 100 0 0 0 0 Radiotelephone commun 1 1,000 1,000 100 0 0 0 0 Personal credit 1 1,000 1,000 100 0 0 0 0 Business association 1 1,000 1,000 100 0 0 0 0 General warehousing 1 1,000 1,000 50 50 0 0 0 Whol chemicals 1 750 750 50 0 50 0 0 Whol const/mine equip 1 250 250 0 100 0 0 0 Petroleum refining 1 250 250 100 0 0 0 0 Whol metal 1 250 250 100 0 0 0 0 Ret mail -order house 1 100 100 100 0 0 0 0 Whol petroleum prdts 1 100 100 50 50 0 0 0 Telephone communictns 1 50 50 100 0 0 0 0 Ret boats 1 50 50 100 0 0 0 0 Whol electronic parts 1 50 50 0 100 0 0 0 6 Other payment categories Cash experiences Payment record unknown Unfavorable comments Placed for collections: With D &B Other Total in D &Bs file 3 100,850 100,000 1 250 250 0 0 0 0 0 0 0 N/A 0 39 224,200 100,000 Accounts are sometimes placed for collection even though the existence or amount of the debt is disputed. Indications of slowness can be result of dispute over merchandise, skipped invoices etc. Detailed payment history for this company ............................................................................................................................................................ ............................... Date - ! last Sale Reported Paying Record Nigh Credit Now Owes Past Due Selling - Within (mmlyy) '' - - - Terms _. (month) 09/10 Plot 20,000 20,000 0 1 mo Ppt 20,000 15,000 0 Ppt 7,500 0 0 N30 6 -12 mos Ppt 2,500 2,500 0 1 mo Ppt 1,000 0 0 1 mo Ppt 1,000 750 0 1 mo Ppt 1,000 1,000 0 1 mo Ppt 750 0 0 1 mo Ppt 50 0 0 6-12 mos Ppt -Slow 30 20,000 20,000 7,500 N30 1 mo Ppt -Slow 30 1,000 500 250 1 m Ppt -Slow 30 100 100 50 1 mo Ppt -Slow 60 25,000 0 0 6-12 mos Ppt -Slow 60 750 750 0 1 mo Slow 5 50 50 0 1 mo (016) 100,000 Sales 6 -12 mos COD (017) 250 0 0 1 mo (018) Satisfactory . 50 0 0 1 mo 08/10 Ppt 1,000 100 0 N30 1 mo Ppt 250 0 0 6-12 mos Ppt 250 250 0 N30 Ppt 100 100 0 1 mo Plot 50 50 0 1 mo Ppt 0 0 0 1 mo 07110 Ppt 1,000 1 mo Slow 30 2,500 0 0 N30 6 -12 mcs (027) 750 Cash 1 mo account 04110 Slow 5 -30 250 0 0 N30 4 -5 mos 03110 Ppt 50 1 mo 02/10 Ppt 2,500 0 0 6-12 mos 12/09 Ppt 2,500 0 0 6-12 mos 7 09109 Ppt 50 0 0 NO 6 -12 mos 08/09 Ppt 2,500 0 0 6 -12 mos Ppt 250 0 0 6 -12 mos 05109 Ppt 100 0 N30 6 -12 mos 03109 Ppt 1,000 0 0 4 -5 mos 01/09 (037) 100 Cash 2 -3 mos account 10/08 Ppt 7,500 1 me Ppt 500 0 0 4 -5 mos Payments Detail Key: ■ 30 or more days beyond terms Payment experiences reflect how bills are paid in relation to the terms granted. In some instances payment beyond terms can be the result of disputes over merchandise, skipped invoices, etc. Each experience shown is from a separate supplier. Updated trade experiences replace those previously reported. Public Filings Currency: Shown in USD unless otherwise indicated ! Summary ............................................................................................................................................................ ............................... A check of D &B's public records database indicates that no filings were found for GAMMILL ELECTRIC, INC. at 1311 W Foothill Blvd Azusa CA. D &B's extensive database of public record information is updated daily to ensure timely reporting of changes and additions. It includes business - related suits, liens, judgments, bankruptcies, UCC financing statements and business registrations from every state and the District of Columbia, as well as select filing types from Puerto Rico and the U.S. Virgin Islands. D &B collects public records through a combination of court reporters, third parties and direct electronic links with federal and local authorities. Its database of U.S. business - related filings is now the largest of its kind. Government Activity ............................................................................................................................................................ ............................... Activity summary Borrower (Dir /Guar) NO Administrative Debt NO Contractor NO Grantee NO Party excluded from federal program(s) NO Possible candidate for socio-economic program consideration Labour Surplus Area YES (2010) Small Business YES (2010) 8(A) firm N/A The details provided in the Government Activity section are as reported to Dun & Bradstreet by the federal government and other sources. Events Currency: Shown in USD unless otherwise indicated E3 Special Events ............................................................................................................................................................ ............................... 02103/2010 8 Business address has changed from 1013 S Mountain Ave, Monrovia, CA, 91016 to 1311 W Foothill Blvd, Azusa, CA, 91702. History & Operations Currency: Shown in USD unless otherwise indicated rah Company Overview ............................................ ............................... Company Name: Street Address: Phone: URL: History Present management control GAMMILL ELECTRIC, INC. 1311 W Foothill Blvd Moved From: 1013 S Mountain Ave, Monrovia, Ca Azusa, CA 91702 UNKNOWN hftp: /hw .gammilielectric.com Is clear 43 years SIC & NAICS ............................................................................................................................................................ ............................... SIC: Based on information in our file, D&B has assigned this company an extended 8 -digit SIC. D &B's use of 8 -digit SICs enables us to be more specific about a company's operations than if we use the standard 4 -digit code. The 4 -digit SIC numbers link to the description on the Occupational Safety & Health Administration (OSHA) Web site. Links open in a new browser window. 1731 0000 Electrical work 7629 9904 Generator repair 3613 0201 Control panels, electric NAICS: 238210 Electrical Contractors 811412 Appliance Repair and Maintenance 335313 Switchgear and Switchboard Apparatus Manufacturing Financials Currency: Shown in USD unless otherwise indicated 93 Key Business Ratios ............................................ ............................... D & B has been unable to obtain sufficient financial information from this company to calculate business ratios. Our check of additional outside sources also found no information available on its financial performance. To help you in this instance, ratios for other firms in the same industry are provided below to support your analysis of this business. Based on this Number of Establishments 118 Industry Norms Based On 118 Establishments -' - This Business Industry Median -' '. e_'Industry Quartile `- Profitability Return on Sales UN 1.4 UN Return on Net Worth UN 9.5 UN Short-Tenn Solvency Current Ratio UN 2.3 UN Quick Ratio UN 1.6 UN Efficiency Assets /Sales UN 32.7 UN Sales / Net Working Capital UN 6.8 UN Utilization Total Liabilities / Net Worth UN 68.5 UN 9 UN = Unavailable This information may not be reproduced in whole or in part by any means of reproduction. ©2005 2010 Dun'& Bradstreet, 10 D &B Comprehensive Insight Plus Report: UNIQUE PERFORMANCE CONSTRUCTIO... Page 1 of 6 Comprehensive Insight Plus Report for D -U -N -S #: 00- 353 -4685 Small Business UNIQUE PERFORMANCE CONSTRUCTION, .'.: Solutions INC. Report Printed: October 20, 2010 0 Print this report To save this report to your PC: Select File and then Save As from the browser menu bar. Click on the Save in: drop -down menu and select a location for your file. Enter a file name and save the report as a .html or .txt file. Copyright 2004 Dun & Bradstreet - Provided under contract for the exclusive use of subscriber Chris Marcarello, City of Rosemead Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking & Finance Company Snapshot Business Summary Profile Likelihood this company will not pay on UNIQUE PERFORMANCE CONSTRUCTION, INC. time over the next 12 months MODERATE Q 1931 Newport Blvd Costa Mesa, CA 92627 Credit Score Class: 3 Tel: 949645 -5025 D -U -N -S #: 00- 353 -4685 1 2 3 4 5 D&B Rating: — Low High Company Stats Year incorporated 2003 Likelihood this company will experience AVERAGE Year started 2003 financial stress in the next 12 months Employees undetermined Financial Stress Class: 3 Chief Executive Mouni Kabany , Pres S.I.C. 1521 Industry _ Single- family house construction 1 2 3 4 5 Low High This is a single location. Timeliness of historical payments for this SLOW Q The Net worth amount in this section may have been adjusted by D&B company" to reflect typical deductions, such as certain intangible assets. D&B PAY ® 78 ® DEX —_ 100 0 Anticipates Prompt 30 120 daysslow daysslow Industry benchmark: Slow "Based on 6 trade experiences on file with D &B Payment performance trend over the past 90 days IMPROVINCx D&B offers guidance on credit limits for this company based on its profile as well as profiles of other companies similar in size, industry, and credit usage Get details Evidence of bankruptcy, fraud, or criminal proceedings in the history of this business or its management NIA Noteworthy special events in this company's file NO WJ Total number of suits, liens and judgments in this company's file L 0 :_VJ Value of open suits, liens and judgments for this company SO LWJ Value of open records refers only to 10 most recent flings for each record type Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking & Finance Creditworthiness Summary https:// smallbusiness. dnb .com /ePlatform /servIeUViewReport?orderltemld= 107116883 &d... 10/20/2010 D &B Comprehensive Insight Plus Report: UNIQUE PERFORMANCE CONSTRUCTIO... Page 2 of 6 Likelihood this company will AVERAGE experience financial stress in - 6 trade experiences exist for this company. the next 12 months - Low proportion of satisfactory payment experiences to total Likelihood this company will not MODERATE LS pay on time over the next 12 months Default on Payment: Financial Stress Summary Likelihood this company will AVERAGE A\ experience financial stress in the next 12 months Financial Stress Class: 3 1 2 3 4 5 Low High D &B Rating: — The blank rating symbol should not be interpreted as indicating that credit should be denied It simply means that the information available to D &B does not permit us to classify the company within our rating key and that further enquiry should be made before reaching a decision. Some reasons for using a -" symbol include: cl net worth, bankruptcy proceedings, insufficient payment information, or incomplete history information. For more information, see the D &B Rating Key. Key Factors - 6 trade experiences exist for this company. - Financial Stress Score: 1480 (high risk: 1,001;low risk: 1,875) - Low proportion of satisfactory payment experiences to total payment experiences. - Limited time in business. Financial stress national percentile: 53 (highest risk: 1 %; lowest risk: 100 %) National percentile industry norm: 49 (highest risk: 1%; lowest risk: 100 %) During the prior year, firms in this Financial Stress Class had a failure rate of 0.24 %, which is 2 times lower than the national average. Payment within Terms: Credit Score Summary Likelihood this company will not MODERATE A Key Factors pay on time over the next 12 - 6 trade experiences exist for this company. months - Low proportion of satisfactory payment experiences to total Credit Score Class: 3 payment experiences. 1 2 3 4 5 Low High The Credit Score class of 3 for this company shows that 18.4% of firms with this class paid one or more bills severely delinquent, which is lower than the average of businesses in D &B's database. Credit score percentile: 67 (high risk: 1 %; low risk: 100 %) Industry norm percentile: 49 (high risk: 1 %; low risk: 100 %) Additional Information Financial Stress Summary - The Financial Stress Risk Class indicates that this firm shares some of the same business and financial characteristics of other companies with this classification. It does not mean the firm will necessarily experience financial stress. - The probability of failure shows percentage of firms in a given percentile that discontinue operations with loss to creditors. The average probability of failure is based on businesses in D&B's database and is provided for comparative purposes. - The Financial Stress Score Percentile reflects the relative ranking of a company among all scorable companies in D &B's file. - The Financial Stress Score offers a more precise measure of the level of risk than the Risk Class and Percentile. It is especially helpful to customers using a scorecard approach to determining overall business performance. Credit Score Summary - The Incidence of Delinquent Payment is the percentage of companies with this classification that were reported 90 days past due or more by creditors. The calculation of this value is based on an inquiry weighted sample. - The Percentile ranks this firm relative to other businesses. For example, a firm in the 80th percentile has a lower risk of paying in a severely delinquent manner than 79% of all scorable companies in D &B's files. Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking & Finance Payment History https:/ /smallbusiness.dnb.comlePlatfor nlservIctIViewReport?orderItem1d= 107116883 &d... 10/20/2010 D &B Comprehensive Insight Plus Report: UNIQUE PERFORMANCE CONSTRUCTIO... Page 3 of 6 Summary Average payment performance trend when weighted by dollar amount IMPROVING ®I Company's payment performance over the past 12 months compared with Its peers SLOW A Payment History Overview Payment experiences on file with D &B: Payments made within terms: Amount placed for collections: 6 Average highest credit: 5(78%) Largest high credit: 0(0%) Highest now owing: Highest past due: Historical Payment Trends: PAYDEX® Average payment performance trend when weighted by dollar amount Last 3 months: Trend is improving IMPROVING $1,110 $2,500 $50 $0 Last 12 months: 3 days beyond terms D&B PAYDEX 78 Industry benchmark: Slow 100 0 Anticipates Prompt 30 120 daysslow daysslow Based on payments collected over last 12 months. Indications of slowness can be the result of dispute over merchandise, skipped invoices, etc. Accounts are sometimes placed for collection even though the existence or amount of the debt is disputed. Historical Payment Trends: PAYDEX® Comparison to Industry Company's payment performance over the past SLOW A 12 months compared with its peers This company's 12 -month high: 78, or equal to 3 days beyond terms This company's 12 -month low: 61, or equal to 22 days beyond terms NIA 20 30 40 O 50 1`1 6p `_ p 70 go _■ ■ ■ ■- 90 100 _. L .. - .- .......I I _. I ... L ......... I ._. 11 /09 12/09 01 /10 02/10 03110 04/10 05110 06/10 07110 08/10 09/10 10/10 This Company ■ Industry Benchmark Shows PAYDEX scores of this Business compared to the Primary Industry from each of the last four quarters. The Primary Industry is Single - family house construction, based on SIC code 1521. Payment History Details Date Reported Paying Record High Credit (E) Now Owes (E) Past Due (E) Selling Terms Last Sale Within (months) 09/10 Prompt 2,500 0 0 2 -3 09/10 Prompt - 2,500 0 0 2 -3 09/10 Prompt -Slow 30 250 0 0 4 -5 08/10 Prompt 50 50 0 1 07/10 Slow 30 250 0 0 6 -12 04110 (006) 0 0 0 6 -12 Cash own option. raymem experiences renect now ows are met in reienun w me romis yea me ni wine ommfiU s Pdymem veyvi Iu mi 111e 1,411 w um m>1411 Ul dispute over merchandise, skipped invoices, etc. Each experience shown is from a separate supplier. Updated trade experiences replace those previously reported. https: // smallbusiness .dnb.com /ePlatfonn /servletIV iewReport?orderltemld= 107116883 &d... 10/20/2010 D &B Comprehensive Insight Plus Report: UNIQUE PERFORMANCE CONSTRUCTIO... Page 4 of 6 Payment Analysis By Industry Company's dollar- weighted payments listed by the primary industries of its suppliers Total Received Total Dollar Largest High Within Slow 1 -30 Slow 31- Slow 61- Slow ( #) Amount ($) Credit ($) Terms 60 90 91+ (% of dollar amount) Industry Whol lumber /millwork 2 Short-lrm busn credit 1 General warehousing 1 Nonclassified 1 Other payment categories Cash experiences 1 Payment record unknown 0 Unfavorable comments 0 Placed for collection With D &B 0 Other 0 Total in D &B's file 6 2,750 2,500 95 5 0 0 0 2,500 2,500 100 0 0 0 0 250 250 0 100 0 0 0 50 50 100 0 0 0 0 0 0 for each record type. N/A Party Excluded from Federal Program(s) No 0 0 The details provided in the Government Activity section are as reported to D&B by the federal government and other sources. Company Snapshot Creditworthiness 0 0 Banking & Finance 0 0 N/A 0 5,550 2,500 There are 6 payment experiences in D &B's file for the most recent 12 months, with 5 experiences reported during the last three month period. Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking & Finance Public Filings Summary of Court Actions The following data includes both open and closed filings found in D &B's database on the subject company Record Type Open Records Open Value Total Records Most Recent Filing Date Suits 0 0 0 Liens 0 0 0 Judgments 0 0 0 - UCC Filings 0 N/A 0 - Bankruptcy Proceedings 0 N/A 0 - Public filing data is for informational purposes only and is not the official record. Certified copies can only by obtained from the official source. Number and value of open records refers only to 10 most recent flings for each record type. N/A Government Activity Activity Summary Possible Candidate for Socio- Economic Program History & Operations Topic Description History Detailed information on the history of a company, including background information on the management team and key principals, and information on related companies. https: / /smallbusiness. dnb. comlePlatfonnlservletNiewReport?orderltemld= 107116883 &d... 10/20/2010 Consideration Borrower(DidGuar) No Labor Surplus Area WA Administrative Debt No Yes (2010) Contractor No Small Business Grantee No B(A) Firm N/A Party Excluded from Federal Program(s) No The details provided in the Government Activity section are as reported to D&B by the federal government and other sources. Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking & Finance History & Operations Topic Description History Detailed information on the history of a company, including background information on the management team and key principals, and information on related companies. https: / /smallbusiness. dnb. comlePlatfonnlservletNiewReport?orderltemld= 107116883 &d... 10/20/2010 D &B Comprehensive Insight Plus Report: UNIQUE PERFORMANCE CONSTRUCTIO... Page 5 of 6 Registration & Detailed registration and incorporation information, including the date and state of incorporation and the type Incorporation of corporation formed. Company Operations Detailed information on a company's operations, including the identity of the parent company, the geographic State of incorporation: scope of the business, and the key holdings. Industry Classification Details on the specific industry within which a company is classified. History Officer(s): Director(s): MOURNTAZ KABANY, PRES THE OFFICER(S) The California Secretary of State's business registrations file showed that Unique Performance Construction, Inc was registered as a corporation on September 23, 2003. Stock ownership is undetermined. Business started 2003. MOURNTAZ KABANY. Antecedents are unknown. Registration & Incorporation Registered Name: Unique performance construction, me Business Type: Corporation Corporation Type: Profit Date incorporated: September 23, 2003 State of incorporation: California Status: Active Filing Date: September 23, 2003 Registration ID: C2553738 Where filed: SECRETARY OF STATE/CORPORATIONS DIVISION, SACRAMENTO, CA Registered Agent: MOURNTAZ KABANY, 339 ST VINCENT, IRVINE, CA, 92618 000 Principals: Corporate and business registrations provided by management or other source. Company Operations Description: Operates as a contractor of single family housing (100 %). MOURNTAZ KABANY, PRESIDENT, 1931 NEWPORT BLVD D, COSTA MESA, CA, 926270000 Terms are undetermined. Sells to undetermined. Territory: Local. Employees: undetermined which includes officer(s). Facilities: Rents premises in BUILDING. Industry Classification sic NAICS 15210000 Single- family housing construction 236115 New Single - Fanily Housing Construction (except Operative Builders) Based on information in our file, D &B has assigned this company an extended 8-digit SIC. D &B's use of 8 -digit SICs enables us to be more specific to a company's operations than if we use the standard 4 -digit code. The 4 -digit SIC numbers link to the description on the Occupational Safety & Health Administration (OSHA) Web site. Links open in a new browser window. Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking & Finance Banking 8r Finance Banking 09110 Account(s) averages moderate 4 figures. Account open over 10 years. (Same bank)Account(s) averages moderate 5 figures. Account open over 10 years. Key Business Ratios D &B has been unable to obtain sufficient financial information from this company to calculate business ratios. Our check of additional outside sources also found no information available on its financial performance. https:Hsmallbusiness.dnb. com /ePlatform /servlet/V iewReport?orderltemld= 107116883 &d... 10/20/2010 D &B Comprehensive Insight Plus Report: UNIQUE PERFORMANCE CONSTRUCTIO... Page 6 of 6 Finance 09/24/2010 The name and address of this business have been confirmed by D &B using available sources. Company Snapshot Creditworthiness Payment History & Trends Public Filings History & Operations Banking & Finance Customer Service C Need help? Call Customer Service at (800) 333 -0505, Monday through Friday, 8:00 AM to 6:00 PM Local Time. 0 Print this report 0 To save this report to your PC: Select File and then Save As from the browser menu bar. Click on the Save in: drop -down menu and select a location for your file. Enter a file name and save the report as a .html or .txt file. Copyright 2004 Dun & Bradstreet — Provided under contract for the exclusive use of subscriber Chris Marcarele, City of Rosemead https:Hsmallbusiness.dnb. com /ePlatform /servletIV iewReport?orderltemld= 1 071 1 6883 &d... 10/20/2010