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Christopher R. Morales, Inc. - 2008-08-18
_.-�i i-•-✓v-�V.y,.: - _... .._ .- .... .,.. --,_ . .......�.n..Y—^r-.^_�K-'-ur���. :. ..'�/"�.� .i r--.•..• � .. � ��1�� .. �.. �� ,y -. .- r .. r y._,.y1.,^TY R � , RECEIVED,.BY:f , CITY CLERK RECEIPT COPY ^ ��T Return DUPLICATE to t City Clerk's Office (Name) `. ,i after signing/dating Lj (Date) t CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: FROM: DATE: Shari Freidenrich, City Treasurer SU,E6ECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. ,L MSC No. Approved S/ / t� / ,� (i PP (Council Approval Date) Agenda Item No. City Clerk Vault No. #27 g1followup/bondletter.doc era City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Pric R. Charlonne, Construction Manager DATE: March 9, 2009 SUBJECT: Retention Release Payment Company Name: Christopher R Morales, Inc. Add ress: PO Box 610 City, State and Zip Code: San Dimas, CA 91773 Phone Number: (909) 599-2201 Business License Number:A271295 Local Address: N/A Notice of Completion Date:2/25/09 Contract Purpose: Retention Release for Construction Contract 1322 Traffic Signals The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the full retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. If any stop notices have not been cleared, then processing of partial retention is recommended with the retention of one hundred and fifty percent of the stop notice(s) amount and with no outstanding invoices on file with the City. I certify that are no stop notices are on file on the subject at this time. IO�Oq Date Travis K. Hopkins, Di I certify that there are no outstanding invoices on file. 3-))-09 Date public Works Bond surety Company APProved as edit/Fina d Rang f� Freidenrich, City Treasurer /t/o `�— I certify that are op notices are on file on the subject contract, and that a guaranty bond has been filed with this office. Date Joan n, City Clerk 1322 retention release memo 3/9/2009 11:17:00 AM PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 S Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 1111111111111111111111111111111111111 I1111l 11111111111 II IIII NO FEE 200900008661210:23am 02/25/09 100 211 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TITLE OF DOCUMENT: NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Christopher R. Morales, Inc. who was the company thereon for doing the following work to -wit: TRAFFIC SIGNAL MODIFICATIONS AT CENTER & ONE PACIFIC PLAZA AND SPRINGDALE AND HEIL; CC #1322 That said work was completed February 13, 2009 by said company according to plans and specifications and to the �\\� satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on November 12, 2008, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Developers Surety and Indemnity Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this February 13, 2009. j 1174 ;tor of !�6blic Works or City Engineer of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this February 13, 2009. or of P lic Works or City Engineer ity of Hunt'i�gton Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) b.059-TITLE PAGE (R7/95) RECEIVED BY: (Name) (Date) J J FLD TO: Shari Freidenrich, City Treasurer FROM: S s �f DATE: SUBJECT: Bond Acceptance have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved �J (Coun& Appro ai Date) Agenda Item No. City Clerk Vault No CITY CLERIC RECEIPT COPY Return DUPLICATE to City Clerk's Office after signiragidating #27 g1followup/bondietter.doc 1 EXECUTED IN TRIPLICATE MAINTENANCE BOND BOND NO.: 76277P PREMIUM: $ N/A INCLUDED IN PEFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT we,_ CHRISTOPHER R. MORALES, INC. as Principal, andDEVELOPERS SURETY AND INDEMNITY * a corporation organized and doing business and under and by virtue of the laws of the State of California and duly licensed to conduct surety business in the State of California, as Surety, are held and firmly bound unto *COMPANY CITY OF HUNTINGTON BEACH 60/100 as Obligee, in the sum of NINETY—ONE THOUSAND SEVEN HUNDRED EIGHTY—EIGHT($ 91,788.60 Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to: T/S MODIFICATIONS AT CENTER & ONE PACIFIC PLAZA AND SPRINGDALE AND HEIL. CASH CONTRACT NO. 1322 WHEREAS, said agreement provided that Principal shall guarantee replacement and repair of improvements as described therein for a period of 1 YR following final acceptance of said improvements; NOW. THEREFORE, if the above Principal shall indemnify the Obligee for all loss that Obligee may sustain by reason of any defective materials or workmanship which become apparent during the period of from and after acceptance of the said improvements by Obligee, then this obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact. this 19th day of FEBRUARY 2009 CHRISTOPHER R. MORALES, INC. DEVELOPERS SURETY AND INDEMNITY COMPANY Principal Auorney-in-Fact SHAWN BLUME AP QVED S TO FORM t Mc4Attorne f 23/&/ State of California County of LOS ANGELES On c P fi g o o before me, RAMON C. ARTEAGA A NOTARY PUBLIC Date I Here Insert Name and Title of the Officer personally appeared CHRISTOPHER R . MORALES Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(*) whose name(* is/W subscribed to the within instrument and acknowledged to me that he/911111111illfty executed the same in his/jam authorized n —-. capacity(, and that by his/101111111111111W signature on the _ sRAMON C. AI2TFAGA Commission # 1655887 instrument the person, or the entity upon behalf of Z: �� Notary Public -California ; which the person(IN acted, executed the instrument. • Los Angeles County My Comm. Expires Apr 29,201OF, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my d and official seal. �/ Signature 1, 0 Place Notary Seal Above Signature of Notary Public OPTIMAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: CHRISTOPHER R , MORALES ❑ Individual IX Corporate Officer — Title(s): PRESIDENT Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General _ _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact • ' ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: CHRISTOPHER R. MORATY.q TN'. 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On 109 before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title of the personally appeared SHAWN BLUME who proved to me on the basis of satisfactory evidence to be the personA whose namewisf-m-- subscribed to the within instrument and acknowledged to me that he/shefthcy executed the same in hisiiherAlt6r authorized capacity¢ies), and that by his/he;;Weir-signatures on the instrument the personW, or the entity upon behalf ©f which the person(4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public R_ NAPPI COMM. #1796916 NOTARY PUBLIC -CALIFORNIA A*RIVERSIDE COUNTY My Comm. Expires June 7, 2012 (Notary Seal) �-^--�-•- AIDIDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Atiomey-in-Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acktrmvledgment completed in California must contain verbiage exactly as appears above in fire notary section or a separate acknowledgment form must be properly completed and artached to that document. The only exception is if a document is to be recorded outside of California. In such instances. any alternative acknowledgment verbiage as map be printed on such a document so long as the verbiage does not require the notary to do something dmt is illegal for a notary- in California (i.e. certifying the authorlmd capacity of the signer). Please check the doctmrem carefully for proper notarial hording and attach this form if regtdred • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/shelthey,- is /ere ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. v Indicate title or type of attached document, number of pages and date_ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Michael D. Stong, Rosemary Nappi, Shawn Blume, Jeremy Pendergast, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute. on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney, RESOLVED, FURTHER, that the signatures of such officers 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 shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1 st, 2008, ...AND By: Stephen T. Pate, Senior Vice President rq p4l '4l '�_iry'"s a .W: OCT. :< By: , a ; : n 1 9 3 6 .a Charles L. Day, Assistant Secretary State of California County of Orange On January 1st 2008 before me, Christopher J, Roach Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Da Name(s) of Signer(s) CHRISTOPHER J. ROACH COMM. # 1745M !E I NOTARY PUBLIC CALIFORNIA 's ORANGE COUNTY o My comm, expires May 19, 2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature-1+'"'"�� Chr er J. Roach CERTIFICATE The undersigned. as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, thA41 day of M-tkrL'a' �{�( By -10" Albert Hillebrand, Assistant Se—cretary ID-1380(Wet)(Rev.07/07) CONTRACTOR'S CERTIFICATE I, U h ri,5 state and certify that: (Name of Declarant) 1 • C66hpter R. �� i�t (�`�; .Ind,,. is the general contractor to the City of Huntington Beach ("City") on Contract No. l 3 "L 2- (the "Contract") for the construction of the public work of improvement entitled: TTCagb S-anol MA�-cad Jons a± &4kr k OnL PabAbc, 1 6ZO yncl- , A e - GM d . (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): �eadtl K Y 4m2 .bqi 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at �a y) Ma S, (A on this _101 44 day of " o , , 2007. APPROVED AS TO FORM By: mi-:21a)L - Name: [Type Name] Title: [Type Title] 1 0,,� �� (Signature of D arant) 4.302.E 7 245914.1 02�112048 16:18 F'AH 9498520513 ....... .. 'A ...& A .REACIV MIXES CONC. .. CALIFORNIA LIEN WAIVER AND RELEASE FORM (California Civil Code Section 3262 (d) et seq.) CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT Upon receipt by the undersigned of a check from LOS ANGELES SIGNAL CONS in the sum of $928.69 payable to A & A READY MIXED CONCRETE INC, and when.the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of HUNTINGTON BEACH located at 3#08-85---SPRINGDALE & HEIL / HUNTINGTON BEACH CENTRAL AVE This claim was for labor, services, equipment or material furnished to LOS ANGELES SIGNAL CONST and shall be released to the following extent: This release covers the final payment to the undersigned for all labor, services, equipment or material furnished on the job, except for disputed claims for additional work in the amount of This release does not cover extra labor or materials provided either before or after the date of this release but not yet billed or approved by the owner, retention, unpaid or unauthorized change orders or any other claims that are not included in the amount set forth above. Before any recipient of this document relies on it, the party should verify evidence of payment to the undersigned. Dated: Feb-19-2009. A & A READY MIXED CONCRETE INC. 4621 TELLER AVE, SUITE 130 NEWPORT BEACH, CA 92660 By: N CH LAS A BR ANT Phone: (949) 253 800 Fax: (949) 852-0513 ` ` ` 7 F1 z : 2 p_ - l� a,�' ► �= CALIFORNIA CIVIL CODE SECTION §3262(d)(3) Upon Receipt by the undersigned of a check from CHRISTOPHER MORALES in the sum of $7,547.05 payable to CHRISTOPHER RAYMOND MORALES 08-85 & POMONA WHOLESALE ELECTRIC and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right that the undersigned has on the job of CENTRAL AVENUE located at SPRINGDALE & HEIL, HUNTINGTON BEACH CA 926 to the following extent. This release covers the final payment for labor, services, equipment, or material furnished on the job. Before any recipient of this document relies on it, said party should verify evidence of payment to the undersigned. Dated: 2119/2009 �V Sallie Summerhays - A coun Receivables POMONA WHOLE AL LECTRIC NOTE; CIVIL CODE §3262(d)(1) PROVIDES: Where the claimant is required to execute a waiver and release in exchange for, or in order to induce the payment of, a progress payment and the claimant is not, in fact, paid in exchange for the waiver and release or a single payee check or joint payee check is given in exchange for the waiver and release, the waiver and release shall follow substantially the form set forth above. E0,d zzt?6 LE9 606 3Md — 3I-1-1aS Tz:bT 69az-6T-93d Walters Wholesale Electric Co. 2825 Temple Avenue, Signal 1111, CA 90755 • (562) 988-3100 • Fax (562) 988-3190 CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT CALIFORNIA CIVIL CODE SECTION 3262 (d) (3) Upon receipt by the undersigned of a check in the sum of S 11,107.66 (Amount of Check pavable to Walters Wholesale Electric and LOS ANGELES SIGNAL CONSTRUCTION and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of CITY OF HUNTINGTON BCH (Owner) located at SPRINGDALE ST. (a, HEIL AVE. HUNTINGTON BEACH, CA 92649 (Description) This release covers the final payment to the undersigned for all labor, services, equipment or material furnished on the job, except for disputed claims for additional work in the amount of 0.00 Before any recipient of this document relies on it, the party should verify evidence of payment to the undersigned. Dated: 2/19/2009 WALTERS WILOLESALELECT IC {Company Name} Y (Signatu ) Credit Ma>nazer riw 261650-885 EMAIL DOLORES NOTE: CIVIL CODE 3262 (d) (3) PROVIDES: Where the claimant is required to execute a waiver and release in exchange for, or in order to induce the payment of, a final payment and the claimant is not, in fact, paid in exchange for the waiver and release or a single payee check or joint payee check is given in exchange for the waiver and release, the waiver and release shall follow substantially the form set forth above. 02119/2b08 16: 1$ FIt7 949832Q513........ . ...... A ... � A . ki AD-Y MI�ECi CONC. C b6i'/002 CALIFORNIA LIEN WAIVER AND RELEASE FORM (California Civil Code Section 3262 (d) et seq.) CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT Upon receipt by the undersigned of a check from LOS ANGELES SIGNAL CONS. in the sum of $3,602.77 payable to ASSOCIATED READY MIXED CONCRETE, and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of CITY OF HUNTINGTON BEACH PRJ#CC-1322 located at J#08-85--- SPRINGDALE & HEIL @ CENTER & 1 PAC PLAZA SIGNAL MOD/ HUNTINGT PROJECT #CC-132 . This claim was for labor, services, equipment or material furnished to LOS ANGELES SIGNAL CONST and shall be released to the following extent: This release covers the final payment to the undersigned for all labor. services, equipment or material furnished on the job, except for disputed claims for additional work in the amount of $ . This release does not cover extra labor or materials provided either before or after the date of this release but not yet billed or approved by the owner, retention, unpaid or unauthorized change orders or any other claims that'are not included in the amount set forth above. Before any recipient of this document relies on it, the party should verify evidence of payment to the undersigned. Dated: Feb-19-2009_ ASSOCIATED READY MIXED CONCRETE, INC. 4621 TELLER AVE, SUITE 130 NEWPORT BEACH, CA 92660 By: _ y NICHOLAS A BRYA Phone: (949) 253-2800 Fax: (949) 852-0513 r, §4 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: CNS6 Nni- c+ N LAYlfl%w 3 1)1) A M/tff3�1 MIT � _� i 1: The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit 'requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of ;i((Ji , 2061 , at C�a vi 'D) V110 5 , California. _ Christopher R. Morales, Inc. (Type Contractor Name) By. Chris Morales, President Name: (Type e] Title: [Type itle] L EY CITY AT"TORNBY -T1.-:y US- ab - 0_�o 247542.1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: �Cz_�;k (�)n-kca 6 vwbez' 1322. Project: (A�'Ci S' nal `td+onS fl �• The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this `� � day of a'V 61 20 (�` , at � h Q; M6JS , California. tU Christopher R. Morales, Inc_ (Type Contractor Name) Chirs Morales, President By: Name: [Type ame] �nn K Title: [Type itle] 1 R A ORNEX 1 -PJ 3•'�F6'UP 245911.1 - Wit: l,•'?^a v - .,^..,�.,, r i RECEIVED BY- �1 (Name) (Date) t I L -JA im 17-U TO: Shari Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance 1 have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. ` MSC No. Approved 4 �// f/o (Council Approval Date) Agenda Item No. City Clerk Vault No CITY CLERK RECEIPT COPY Return DUPLICATE toL-1 r City Clerk's Office after signing/dating #27 g1followup/bondlettendoc CITY OF • BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERIC September 3, 2008 Christopher R. Morales 155 N. Eucla San Dimas, CA 91773 To Whom It May Concern: CALIFORNIA 92648 Re: Traffic Signal Modifications at Springdale & Heil and at Center & One Pacific Plaza — CC-1322 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5437. JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) glollowuplcashconticashcon-letter.doc ( Telephone: 714-536-5227 ) Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project') hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20_, at , California. (Type Contractor Name) By: _ Name: Title: [Type Name] [Type Title] ,, s=; _; `Fj,M' -TUS o3- ab - Mp 1 247542.1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20, at , California. (Type Contractor Name) By: Name: 'Type Name] -- Title: [Type Title] , iF R 1� ORNEX -TL,) '5 � 245911.1 CONTRACTOR'S CERTIFICATE I, , state and certify that: (Name of Declarant) 1. is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project") 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of 120 (Signature of Declarant) APPROVED AS TO FORM By: - 1 -7/b �ilJ 3. Zo Name: [Type Name] Title: [Type Title] 1 245914.1 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND G' N6 tatil� 1 — 13 2-1Z- THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and 6A 121 S'l0 94eV— 9.. ci+�,- � , a California hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as '��t6 5a1GntA� L� �� � s .� -- ��e �' r h� in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or g/agree/surfnet/cityconst 12-07 1 be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; g/agree/surfnet/cityconst 12-07 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as g/agree/surfnet/cityconst 12-07 3 'DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed �,N'( 'C`�1 criSN-0 k. OVk4o Dollars ($ U S0 as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within 07V✓L�l consecutive S from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. g/agree/surfnet/cityconst 12-07 4 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in,a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the g/agree/surfnet/cityconst 12-07 5 changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. g/agree/surfnet/cityconst 12-07 6 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, g/agree/surfnet/cityconst 12-07 7 the sum of R-s4eEE�—ksi AV&! s% Dollars ($ !S(V ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting g/agree/surfnet/cityconst 12-07 8 from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of- (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as g/agree/surfnet/cityconst 12-07 9 a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. g/agree/surfnet/cityconst 12-07 10 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the g/agree/surfnet/cityconst 12-07 11 substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone g/agree/surfnet/cityconst 12-07 12 directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. g/agree/surfnet/cityconst 12-07 13 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney g/agree/surfnet/cityconst 12-07 14 evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy, of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. g/agree/surfnet/cityconst 12-07 15 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, g/agree/surfnet/cityconst 12-07 16 and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of g/agree/surfnet/cityconst 12-07 17 One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other parry via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: e�eiL V-- (A&a• - 3 �,3 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: 1rU 5 napeq OV'LA A The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, g/agree/surfnet/cityconst 12-07 18 define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization _laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent g/agree/surfnet/cityconst 12-07 19 jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. g/agree/surfnet/cityconst 12-07 20 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 41. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that parry or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that parry has not executed this Agreement in reliance on any representation, inducement, g/agree/surfnet/cityconst 12-07 21 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on �-!.( 6 Lt ST /r 2008' CONTRACTOR By: DO r15kIM01'1Pr j�orG1�CS print name ITS: (circle one) Chairm Presiden Vice President CITY OF HUNTINGTON BEACH, a municcorpo tion of fte State of California AND erector of Pu]b fc Works Z/! 9 By: REVIEWED D/ PROVED: print name ✓� / r ITS: (circle one) Secretary/Chief Financial Officer/Asst. City Ad nistrator Secretary - Treasurer APPROVED AS TO FORM: rtZ �4J City Attorney g/agree/surfnet/cityconst 12-07 22 On August 11, 2008, the corporate officers of Los Angeles Signal Construction, Inc., Christopher R. Morales and Raymond C. Morales Jr. declared the following: RESOLVED (reaffirmed) that Christopher R. Morales is authorized to act as sole signer on contracts, bid bonds and change orders. Because there was no further business to come before the meeting, on motion duly made and seconded, the meeting was adjourned. gl i�lo� Date YI►1/off Date Christopher R. Morales - President, Secretary Raymond C. M les Jr. —Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles Qn before rile, F:amon C. Prteaaa a Notary r atE here insen Name an,-! Trtle o1 the othce, personally appeared Christopher R. Morales rvame(s) of Sionpns� RAMON C. < ARTGAEi1COMmisslon # 65887 Notary Public - California ' Los Angeles County My Comm. Expires Apr 29, 2010 r Piace Notary Seal Above who proved L^ me or; trip bass of satistactor\- evidence mL oe the Dersori(V whDse narneW isle subscribed to the within inst.rument an-- ac0owiedged to me the, nel execute-1 the same in hisfSoMmil authorizes capacity(., and that by his, signature(' on the instrument the persono, or the entity upon behal` of which the person(* acted, executed the instrument. I certify under PENALTY 0'F PERJURY under the laws of the State of Calitornia that the foregoing paragraph is true and correct. WETNESS my hand and official sea:. Sianature Signature of Notar•v Puouc OPTIONAL Thouah the information below is not required by law it may prove valuable to persons relv:np on, the. documen: and could prevent traudulem removal and reattachment of this form to another documen; Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers} Number of Pages - Signer's Name: Christopher _ R. Morales Signer's Name: Individual _1 Individual Corporate Officer — Title(s) President : Partner — D Limited _ General Attorney in Fact Trustee Guardian or Conservator _ Other: Signer Is Representing: Chr; ct opber R 14eraI es • Top of tnumb here I I tnc. i Corporate Officer — Titie(s!. _i Partnel — _ Limitec General Attorney in Fac" Trustee _i Guardian or Conservator �-1 Other: Signer Is Representing: RIGHTTHUMBPRIM DF SIGNER C2007 National Notary Association- 9350 De Soto Ave. P.O Box 2402 -Chatsworth. CA 91313-2402 • www NationatNotarv.org Item N59G Reoroer, Call Toll -Free 1-800-876-6627 .1Xi,6/T SECTION C PROPOSAL for the Traffic Signal Modifications at Center & One Pacific Plaza and Springdale & Heil CC No. 1322 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described,and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE Estimated ..: )fern .::No:: ,Quin. ty *:: : ` ttem With Uia t Price. -Written in Worst .. :. >> Utiii: Price.: :E.xteoded.Amon.nt1. . Traffic Signal at Center Avenue and One CC-1322 Pacific Plaza 1 1 LS Mobilization @ $fit=>L" $ Per LS 2 1 LS Traffic Control Per LS 3 1 LS Signing and Striping Per LS 4 1 LS Modify Traffic Signal at Center Ave.&One Pacific Plaza @ $ $ i 1,5T4-� Per LS Subtotal - Traffic Signal Modification for Center Ave. and One Pacific Plaza $ Estirriated FItem, Item , No., ..Quantity Wish .Unit Price Written. in Witrds......: Unit. Price..... Extended, Amount Traffic Signal at Springdale St. and Neil CC-1322 Ave. 1 1 LS Mobilization @ $ asa - $ 3, ROZ) , Per LS 2 1 LS Traffic Control $100 Per LS C-2.1 ... ........I ...... ......................... ............ ............. ... .............. ..................... ......... ........... .......... .......... .. ..... ...... .... ...... ......... .. ... ........... ....... Estiittated: :::::.:::::::::::::.::.:::::::.::....:::::: .: ::::::: ::::::::.... . alnit' rice_ > zteiic}ed ` m `n: . .. ... ... .. .. ... . ..... ICeiti>::No; :::Qti�ntit . :item: Wit1t Uriit:Price Written m-.Wards::::;::: ;: ; . 4 1 LS Signing and Striping Per LS 5 1 1 LS I Modify Traffic Signal at Springdale St. and Heil Ave. Per LS 6 4 EA I Construct Curb ramp including adjacent gutter plate per Caltrans Std. Plan A88A Case C. $ �a, C> L% $ ► �� Per EA Subtotal - Traffic Signal Modification at Springdale St. and Heil Ave. $ - — `' roiect Bid Base Subtotal - Traffic Signal Modification at Center Ave. and One Pacific Plaza Subtotal - Traffic Signal Modification at Sprindale St. and Heil Ave. $ Z -2 Total Amount Bid $ It), (Total Amount Bid in Words: Note: The City will provide the traffic signal controller and service cabinet, all poles, mast arems, luminairies, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street, Contact George Ruff two working days in advace for pick up at (714 375-5015. C-2.1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. d nOf Accompanying this proposal of bid, find �� 60�� in the amount of $ Io4aOC-% �i 'which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder `s Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class —75234 7 A tv �, m p, .Z 2 � 3 U�► i c. b -�uP�✓tl,lk, <�' \Ao, By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange �ry,�� ��' o��-� ✓ r �,'.L'G�� f , be* i g first duly sworn, deposes and says that he or she is of 4oA-,,, ]�, the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, - connived; or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Christopher R. Morales. Inc® Name of Bidder Signature of Bidde Address of Bidder Subscribed and sworn to before me this day of 20CV NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY -OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Traffic Signal Modifications at Center & One Pacific Plaza and Springdale & Heil (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. I Date:, � � Christopher R. Morales, Inc. Contractor By V/{� I r(en� Title C-s I DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes )2WO If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. Date: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Christopher R. Morales, Inc. Contractor By Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Christopher R. Moml®s, Inc. Contractor By �Lt r, c Q Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Christopher R. Morales, Inc. Bidder Name 6 A 14 -Je Business Address City, I State Zip MCC) 15q�-LL l v Telephone Number State.Contractor's License No. and Class Original Date Issued 1�_Z�099 Expiration Date The work site was inspected by ('% 11,0,-(A\�of our office on )1-/) 1 � , 20K7 The following are persons, firms, and corporations having a principal interest in this proposal: Christopher R. Morales, Inc. C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform, the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Christopher R. Momleso Inca CompanyVame Signature of B Printed or Typed Signature Subscribed and sworn to before me thistr day of , 200� NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1 2 Name and Address of Public 4ency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT o►. � 9sS,. oa State of California County of Los Angeles On �efore me, Ramon C. Arteaga a Notary Public Date ) Here Insert Name and Title of the Officer personally appeared Christopher R. Morales Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person& whose name) is/4b subscribed to the within instrument and acknowledged to me that he/aNnOW executed the same in hiss authorized capacity(jp� and that by hisflagWW signature(* on the - 7 — ' instrument the person(*, or the entity upon behalf of RAMON C. ARTEAGA which the person(; acted, executed the instrument. Commission # 1653887 9 , m� Notary Public - California 11 Los Angeles County I certify under PENALTY OF PERJURY ,under the laws My Comm. Expires Apr29,2010r of the State of California that the foregoing paragraph is true and correct. WITNESS my h and official seal. Signature Place Notary Seal Above p� pAL Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document d Title or Type of Document: I Document Date: r L]_� Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Christopher R. Morales Signer's Name: ❑ Individual D Individual X7 Corporate Officer—Title(s): President ❑ Corporate Officer—Title(s): _ J Partner — E. Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator [1 Other: Signer Is Representing MEN WIN -.. a — - - — ❑ Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: ,RIGHTTHUMBPRINT' OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 - www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 I'l IL All - - - -- - _ .. ca vat State of California County of Los Angeles On �1 Jt� L.Zo before me, Ramon C. Alrteaa Notary Public Date Here Insert Name and Title of the Officer personally appeared Christopher R RAMCN C. ARTEAGA Commission # 1656887 Z Notary Public - California o Los Angeles County My Comm. Expires Apr 29, 2010 Place Notary Seal Above Morales Name(s) who proved to me on the basis of satisfactory evidence to be the persl whose namei is/4W subscribed to the within. instrument and acknowledged to me that he/dhop executed the same in hisaMl authorized capacityt, and that by his#jpW0& signaturl on the instrument the person(*, or the entity upon behalf of which the persl acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and and official seal. Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 1� t S. ti - %L LI-1 I ram^. Document Date: Jh? 2 ( Number.of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Christopher R. Morales Signer's Name: D. Individual ❑ Individual K Corporate Officer —Title(s): President n Corporate Officer—Title(s): _ C Partner — ❑ Limited J General ❑ Partner — n Limited ❑ General ❑ Attorney in Fact • ❑ Attorney in Fact 01 Trustee C Guardian or Conservator ❑ Other: Signer Is Representing: Christopher R Morales Top of thumb here nc. ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RI_GHTTHUMBPRIM; 'OF'SIGNER - • of • here ©2007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth. CA 91313-2402 • www.NationalNotary.orgvitem #5907 Reorder- Call Toll -Free 1-800-876-6827 Christopher R. Morales, Inc® 15100 E. Nelson Ave., Industry, CA 91744, Phone: 626-968-3771, Fax: 626-968-5720 RE: REFERENCES -COMPLETED PROJECTS ➢ City of Pasadena Lincoln Ave.- In -Fill Lighting C-10 117 E. Colorado Ave. Original Contract: $318,848 Final: $318,848 Pasadena, CA 91105 Contact: Reny Quijano (626) 744-4124 Date of Completion: February 2006 Percentage performed by our own forces: 100% Project Manager: Jennifer Alvarez City of Pasadena Raymond Ave. -Street Lighting C-10 117 E. Colorado Blvd. Original Contract: $58,888 Final $58,888 Pasadena, CA 91109 Contact: Reny Quijano (626)744-6741 Date of Completion: May 2007 Percentage performed by our own forces: 100% Project Manager: Araceli Nieto ➢ City of Pasadena Avenue 64-Street Lighting C-10 117 E. Colorado Blvd, Original Contract: $409,887 Final $427,887 Pasadena, CA 91109 Contact: Reny Quijano (626)744-6741 Date of Completion: May 2007 Percentage performed by our own forces: 100% Project Manager: Essen Menjivar ➢ City of Baldwin Park Los Angeles St. Traffic Signals 3 locations C-10 14403 E. Pacific Ave. Original Contract: $438,438 Final: $452,572 Baldwin Park, CA 91708 Contact: Arjan Idnani (626) 960-4011 Date of Completion: December 2006 Percentage performed by our own forces: 92% Project Manager: Araceli Nieto ➢ City of Pasadena Sunnyslope Crosswalk C-10 117 E. Colorado Ave. Original Contract:$229,989 Final: $2299,989 Pasadena, CA 91105 Contact: Reny Quijano (626) 744-4124 Date of Completion: January 12, 2007 Percentage performed by our own forces: 100% Project Manager: Jennie Pittman ➢ County of Los Angeles San Bernardino @ Nora -Traffic Signal C-10 900 S. Fremont Ave. Original Contract: $79,255.50 Final $75,745 Alhambra, Ca 91803 Contact: Luke Miller (626) 458-3122 Date of Completion: December 12, 2005 Percentage performed by our own forces: 97.4% Project Manager: Jennie Pittman Christopher R. Morales, Inc. 15100 E. Nelson Ave., Industry, CA 91744, Phone: 626-968-3771, Fax: 626-968-5720 RE: REFERENCES -COMPLETED PROJECTS -page 2 ➢ City of Gardena Normandie Ave -Traffic Signal C-10 1700 W. 162"d St. Original Contract: $112,9000 Final $113,958 Gardena, Ca Contact: John Felix (310) 217-9643 Date of Completion: May 11, 2006 Percentage performed by our own forces: 91.5% Project Manager: Jennie Pittman ➢ City of La Mirada Rosecrans & Biola Ave. Traffic Signal C-10 13700 La Mirada Blvd Original Contract: $88, 780 Final $91,639 La Mirada, CA 90638 Contact: Gary Sanui (562) 902-2373 Date of Completion: December 2006 Percentage performed by our own forces: 100% Project Manager: Araceli Nieto City of Monrovia Royal Oaks Drive Traffic Signal C-10 415 South Ivy Ave. Original Contract: $129,218 Final $130,765 Monrovia, Ca 91016 Contact: Jed Rizk (626)932-5562 Date of Completion: May 2007 Percentage performed by our own forces: 95% Project Manager: Jennie Pittman ➢ City of Whittier Pickering Avenue Traffic Signal C-10 13230 Penn Street Original Contract: $189,738 Final $191,414 Whittier, CA 90602 Contact: James Keena (562)464-3523 Date of Completion: January 2007 Percentage performed by our own forces: 96% Project Manager: Jennie Pittman ➢ LA County Via Princessa Traffic Signal C-10 900 S. Fremont Ave. Original Contract: $373,516 Final $306,825 Alhambra, CA 91803 Contact: Robert Eisenhammer Date of Completion: September 2006 Percentage performed by our own forces: 90% Project Manager: Araceli Nieto ➢ City of Irvine Berkley & Cornell Traffic Signal C-10 6427 oak Canyon Original Contract: $297,997 Final: 270,865 Irvine, Ca 92623 Contact: Uyenly Buy (949)724-7559 Date of Completion: July 2007 Percentage performed by our own forces: 100% Project Manager: Araceli Nieto Christopher Rs Morales., 1nC. 15100 E. Nelson Ave., Industry, CA 91744, Phone: 626-968-3771, Fax: 626-968-5720 RE: REFERENCES -COMPLETED PROJECTS -page 3 ➢ City of Cypress Cypress Traffic Signal C-10 5275 Orange Ave. Original Contract: $149,870 Final $158,168 Cypress, Ca 90630 Contact: Keith Carter (714)229-6750 Date of Completion: April 23, 2007 Percentage performed by our own forces: 100% Project Manager: Jennie Pittman ➢ City of Santa Ana Adaptive Downtown Signal 20 Civic Center Plaza Original Contract: $321,032 Final TBD Santa Ana, CA 92702 Contact Edgard Torres (714) 647-5058 Date of Completion: June 2008 Percentage performed by our own forces: 60% Project Manager: Araceli Nieto ➢ City of Diamond Bar Golden Springs Traffic Signal 21825 Copley Drive Original Contract: $383,740 Final TBD Diamond Bar, CA 91765 Contact Rick Yee (909)839-7043 Date of Completion: June 2008 Percentage performed by our own forces: 85% Project Manager: Jennie Pittman ➢ County of Orange In roadway Flashing Crosswalk Light System 300 North Flower St. Original Contract: $128, 860 Final TBD Santa Ana, CA 92702 Contact: David Rocha (714) 834-2300 Date of Completion: June 2008 Percentage performed by our own forces: 95% Project Manager: Araceli Nieto zrD-� INSCO INSURANCE SERVICES, INC. insc%lco Underwriting Manager for: ALL jf (� Developers Insurance Company - Indemnity Company of California Developers Surety and Indemnity Company 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, That we,---__-CHRISTOPHER R. MORALES, INC. ------------------- as Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY ----------------------------------------------- authorized to transact a general surety business in the State of _IOWA bound unto CITY OF !HUNTINGTON BEACH in the full and just sum of--- TEN -PERCENT -OF THE -AMOUNT -OF -THE -BID -------------------------------- BOND NO. N/A a corporation -_- as Surety, are held and firmly (hereinafter called the Obligee) Dollars, ($_ 10% OF BID .... ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for TRAFFIC SIGNAL MODIFICATION CENTER AVE AND ONE PACIFIC PLAZA AND SPRINGDALE STREET AND HEIL, AVENUE NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contra ct, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 18th CHRISTOPHER R. MORALES, INC. ID-1198 (Bid Bond) (REV. 12/00) day of JULY 2008 YEAR DEVELOPERS SURETY AND INDEMNITY COMPANY Surety lkn rdtjrq Principal SHAWN BLUME Attorney -in -Fact CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On t 0 01 before me, R. CISNEROS "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared SHAWN BLUME who proved to me on the basis of satisfactory evidence to be the personA whose nameW isAw&subscribed to the within instrument and acknowledged to me that he/shefdrey executed the same in his/hefAlteir authorized capacity(ies), and that by his/ht;W4heir-signatureJ4 on the instrument the personW, or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. R. CISNEROS Y ¢ COMM. #1796916 NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY My Comm. Expires June 7, 2012 Signature of Notary Public {Notary Seat) ADDITIONAL OPTIONAL, INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ('title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acAmorrledgment completed in Caffornia must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form inust be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such Instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certhing the outhoriced capacity, of the signer). Please elteck rile document carefully for proper notarial wording and atach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Ire/shekhey- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -scat if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. . Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e, CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 wwwv.NotaryyClasses.com POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Michael D. Stong, Rosemary Cisneros, Shawn Blume, Jeremy Pendergast, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney: RESOLVED, FURTHER, that the signatures of such officers 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 shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. By: �— t�::nN �Na PANYO, Stephen T. Pate, Senior Vice President �J,: d�tvoRgl ., "s; ��' �QPORq :w£ OCT, :<s z = O n 10 OGT. 5 BY =o . 1936 ao W 1867 -0 Charles L. Day, Assistant Secretary. ,'? .., /0,;a ' > 4v p a P� �gCtFOPN\� .O'...,. ! ,. State of California County of Orange On January 1st 2008 before me, Christopher J. Roach Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T Pate and Charles L Da Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of CHRISTOPHER J. which the person(s) acted, executed the instrument. COW # 1745M :E NOTARY PUBLIC CALWORNIA v I certfy under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY ro true and correct. My comet. 80M May 19, 2011 WITNESS my hand and official seal Place Notary Seal Above Signature �--�=�--���� ChrLt6Ver J Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this C{ertificate, This Certificate is executed in the City of Irvine, California, the 4ay oij. , 900 t� By: Albert �HIlebrand, Assistant ecretary I D-1380(Wet)(Rev.07/07) State of California County of Los Angeles f On UL fore me, Ramon C. Arteaga a Notary Public Date Here Insert Name and Title of the Officer personally appeared Christopher R. Morales Name(s) of Signer(s) RAMON C. ARTEAGA Commission # 1653887 z , 4 Notary public - California ' Los Angeles County My Comm. Expires Apr 29, 2010 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person* whose name* isl4W subscribed to the within instrument and acknowledged to me that he/A` executed the same in hisONNNOW authorized capacity(p, and that by hiss signature(* on the instrument the person(o$, or the entity upon behalf of which the person(t acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESSX:;aZ_1 _ Signature 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 Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Christopher R. Morales Signer's Name: Individual ❑ Individual g, Corporate Off icer—Title(s): President ❑ Partner — ❑ Limited ❑ General Attorney in Fact D Trustee Guardian or Conservator Other: Signer Is Representing: Christopher R Morales OF SIGNER Top of thumb here nc ❑ Corporate Officer — Title(s): Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGTHUMBPRI HTNT OF SIGNER ©2007 National Notary Association • 9350 De Soto Ave., P.O Box 2402 -Chatsworth, CA 91313-2402 • www.NationalNotaryorg item #5907 Reorder. Call Toll -Free 1-800-876-6827 CHRISTOPHER R. MORALES. INC. 155 N. EUCLA AVE. SAN DIMAS, CA 91773 2008 JUL 22 PM 2: 21 SEALED BID FOR TRAFFIC SIGNAL MOFIFICATIONS AT CENTER & ONE PACIFIC PLAZA AND SPRINGDALE & HEIL IN THE CITY OF HUNTINGTON BEACH -DO NOT OPENWITH W.TH RFGrlTT,AR MATT. RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINC;TON REACH INTERDEPARTMENTAL COMMUNICATION TO: Sh >Freidenrich, City Treasurer FROM: DATE:/37acoe, SUBJECT: Bond Acceptance 1 have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved / (council Approval Date) Agenda Item No. City Clerk Vault No #27 g:/followup/bondletter.doc 0. EXECI=TRJ bona No 7 6277711 PREMIUM:$1,349.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, by written agreement dated 20____, entered into a contract with CHRISTOPHER R. MORALES, INC. 155 N. EUCLA, SAN DIMAS CA 91773 (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows T/S MODIFICATIONS AT CENTER & ONE PACIFIC PLAZA AND SPRINGDALE AND HEIL. CASH CONTRACT NO. 1322 (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE, we, the undersigned, as Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY 2122 E. HIGHLAND AVE STE 350, PHOENIX AZ 85016 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of NINETY THOUSAND TWO HUNDRED NINE AND NO1100 - - - - - - - Dollars ($ 90,209.00 - - ),this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees (hereinafter collectively referred to as "Obligees") from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract time or contract price, and s9i PERFORMANCE BOND Page I of 2 Bond No. 762777P any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: AUGUST 8, 2008 ATTEST (Corporate Seal) ATTEST (Corporate Seal) CHRISTOPHER R. MORALES, INC. (Principal Name) By: Name: C-krifijaahe=r Mom. -airs Title: V r,esi� 6 µ-+- DEVELOPERS SURETY AND INDEMNITY COMPANY (Surety Name) Name: 7= BLUME, ATTORNEY -IN -FACT (Signature of Attorney -in -Fact for Surety) (Attach Attorney -in -Fact Certificate) ! 602) 522-2663 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY 0 UNTINGTON BEACH IYennifer Mc athttorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as ettomey-in-fact must be attached. 277591.1 PERFORMANCE BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On _ Z _. betore me. _ Ramon C. Frteaga a Notary PuL~13 C „ate Here Insert Name an, Title o� the Office: personally appeared Christopher P. Morales who proves! to me or. the basis of satisfactory evidence to be the personl . whose, name is/40 subscribed t,0 tie withlr� inst omen` any acicnovifiedoe^ to me. tha' he/sue executed the same in hi authorized capacity(M., and that by his signature(: o, � the =;w... �rvloN C. Instrument the personj, or the entity upon behalf of Co mmdsslon # iEAGq which the person(4t acted, executed the instrument. Nofa 165G887 ry Public - California Z los _ I certify under PENALTY OF PERJURY under the laws Angeles County MYCOMM ExplresgP12 �010 of the State of California that the foregoing paragraph is true and correct. WITNESS my d and off iciai Se/a''. l� Signature Place Notary Seal Above "g5 / Signature of Notait, Public OPTI©NAL Though the information below is not required a), law it may prove valuable to persons relving on the cocumem and could prevent fraudulent removal and reattachment of this form to another document Description of Attached document Title or Type of Document: Document Date Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages Signer's Name: Christopher _ R Morales Signer's Name: Individual individual Corporate Officer —Title(s). President Corporate Officer— Titie(sl Partner — Limited C' General Partner --1 Limitec General Attorney in Fact Attorney in Faci • Top of thurr, here lop of thumb nere Trustee Trustee =: Guardian or Conservator ^i Guardian or Conservator Other. —1 Other. I i ' � I I � ' Signer Is Representing: Signer Is Representing: Christnnhr_ R, tie -_@Yes nc, C2007 National Notary Association- 9350 De Soto Ave. RO. Box 2402 - Chatsworth. CA 91313-2402 - www.NabonalNotary.org Item #5907 Reoraer Cail Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On b.?k� before me, R. CISNEROS "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared SHAWN BLUME who proved to me on the basis of satisfactory evidence to be the personA whose nameW is/afe-subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in his/heP4h6r authorized capacity(ies), and that by his/hen4heit-signaturels) on the instrument the personal, or the entity upon behalf of which the person(,K) 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. '°�NEROS WITNESS my hand and official seal. �° COMM. #1796916 /► /� /� � NOTARY PUBLIC - CALIFORNIA � >. RIVERSIDE COUNTY Signature ofNotary Public (Notary Seal) e 7, 2012 My Comm. Expires Jun ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) D Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Attu acknowledgment completed in Calfomia must contain verbiage exactly as appears above in the notw7, section or a separate acknaivledgrrtem form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, anv alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorised capacity of the signer). Please check the document care/i llyfor proper notarial hording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the some date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title.(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicatethecorrect singular or plural forms by crossing off incorrect forms (i.e. he/shcAhey- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seat impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, rc-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v ] 2.10.07 800-873-9865 w%wv.NotatyClasses.com Bond No. 762777P ECUTED IN TRIPLICATE iX EMIUM INCLUDED IN PERFORMANCE PAYMENT BONK) ND D (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to CHRISTOPHER R. MORALES, INC. 155 N. EUCLA, SAN DIMAS CA 91773 (name and address of Contractor) (hereinafter referred to as "Principal"), a contract ("Contract") for the work described as follows: T/S MODIFICATIONS AT CENTER & ONE PACIFIC PLAZA AND SPRINGDALE AND HEIL. CASH CONTRACT NO. 1322 (project title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY 2122 E. HIGHLAND AVE STE 350, PHOENIX AZ 85016 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of NINETY THOUSAND TWO HUNDRED NINE AND NO/100 - - - - - - - - - - - - - - - - - - dollars, ($90, 209.00 - - - - - - - ), this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified In this bond; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns, In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, 7,77589.1 PAYMENT BOND Page 1. of 2 Bond No. 762777P extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: AUGUST 8, 2008 ATTEST CHRISTOPHER R. MORALES, INC. (Corporate Seal) (Principal Name) = By: Name: C, In r 15-mp1e,r /!/Io : a le°5 Its: Prestbd- i- ATTEST DEVELOPERS SURETY AND INDEMNITY COMPANY (Corporate Seal) (Surety Name) B /h ame: SHAWN BLUME, ATTORNEY —IN —FACT (Signature of Attorney -in -Fact for Surety) (602) 522-2663 (Attach Attorney -in -Fact Certificate) (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH ByJityennifer I 1 � Mc rath Attorney Note. This bond trust be executed in duplicate and dated, all signatures must be notaldzed, and ev/dence of the authodly of any person signing as attorney-In-facf must be attaciled, 7.77$89.1 PAYMENT BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of j;1L�os Angeles �C1l On before me, Ramon C. Arteaga a Notary PL ' ' date Here Insert Nam- ane Title, (-,' the Othce personally appeared Christopher R. ivorales Name(s) of SignFrys) RAMON C. ARTEAGA Commission # 1653887 z 'e' Notary Public - California � asG Los Angeles County W Comm. Expires Apr 29,201 who Droved to me on the .oasis of satistactorV' evidence to "be the person4 , whose name* is surscribec' to the within ins rumen` ant 31-f:nowieuged to Me tha; nerd executed the same in hisdowNw, authorzec capacity(i{pu, and that by his signature*,,, on the instrument the person*, or the entity upon, behalf of which the person( acted, executed the instrument. I certify under PENALTY 0r PERJURY under the laws. of the State of California that the foregoing paragraph is true and correct. WITNESS m and and official seal, Signature' Place Notary Sea! Above OPTIONAL �, f /� f Sionature or Noia r,Fubi: V��/®lYt'4 E.. Though the Information below is not required by law it may prove vatuabie to persons reiVinp on thF document and could prevent trauduienf removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages - Sinner's Name: Christopher R. Morales Signer's Name individual Individual Corporate Officer — Title("s): President Corporate Officer — Title(s;: _ Partner — D Limited General Partner — j Limited �J Genera! Attorney in Fact `I Attorney in Fact Tor, of thumr here Tor) of thumC Here i Trustee D Trustee Guardian or Conservator `I Guardian or Conservator I Other: i D Other: i Signer is Representing: ! ! Signer is Representing: Chr; gi-nDhar R tie ales Inc. -- C2007 National Notary Association • 9350 De Soto Ave. POBox240[ • Chatsworth. CA 91313-2402 • www.NauonalNotary.org Item #5907 Reorder Call Toll -Free 1-800-876-682- CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On 3/f 0f before me, personally appeared R. CISNEROS "NOTARY PUBLIC" (Here insert name and title of the officer) SHAWN BLUME who proved to me on the basis of satisfactory evidence to be the personiz) whose nameW is/ -are -subscribed to the within instrument and acknowledged to me that he/shetthey executed the same in his/hen4i6r authorized capacitykies)), and that by his/he4their-signatureJ4 on the instrument the person(, or the entity upon behalf of which the person(') acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public R. 018N - S ; OOMM. #1796916 cr NOTARY PUBLIC - CALIFORNIA CO? RIVERSIDE COUNTY (Notary Seal) I My Comm. Expires June 7, 2012 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any aeknorrtedgmeni completed in Cal(fornia must contain verbiage exact!), as appears above in the notagy section or a separate acknowledgment form must be proper!, completed and attached to that document. The only exception is if, a document is to he recorded outside of California. In such instances, aav aherrrative acknowledgment verbiage as may be printed on such a document so long as the rerbiage does not require the notary to do something that is illegal for a notary in California (i.e. certhying the authorized capacity of the signer). Please check the document carefrtily for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it" appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/shehheyr is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, rc-scat if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. 4 Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v ] 2.10.07 800-873-9865 ww%v.NotmyClasses.com POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Michael D. Stong, Rosemary Cisneros, Shawn Blume, Jeremy Pendergast, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers 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 shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. By: v AND,���,, Stephen T. Pate, Senior Vice President�tikp0Rq� Fs'. OCT. :< 10 r, 1 9 3 6 Charles L. Day, Assistant Secretary y /O w p, -*%-a State of California County of Orange On January 1st 2008 before me, Christopher J, Roach Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T Pate and Charles L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare 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 CHRISMPHER I ROACH which the person(s) acted, executed the instrument. comm, # 1 i45939 � NOTARY PIUSUC C+AUi=t7RNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY true and correct my comm, moms may 19, 2M 1 WITNESS my hand and official seal, Place Notary Seal Above Signature��.-� Chr er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attomey remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney. are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the-3% day A, By. Albert Hillebrand, Assistant 9ecretary ID-1 380(Wet)(Rev, 07/07) su it INSURANCE AND INDEMNIFICATION WAIVER Hunfin on Beach® MODIFICATION REQUEST 1. Requested by: Eric R. Charlonne 2. Date: August 13, 2008 AUG 13 2008 3. Name of contractor/permittee: Christopher R. Morales, Inc City of Huntington Beach 4. Description of work to be performed: TRaffic Signal Installation City Attorneys Off ice 5. Value and length of contract: $90,209 - 40 Days 6. Waiver/modification request: allow for $500 deductable on Comp/Collision Auto Liability 7. Reason for request and why it should be granted: small deductable 8. Identify the risks to the City in approving this waiver/modification: none Departmdnt Head Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management and thi City Attorney's ff e disagree. 1. 'sk Management p / P.Approved ❑Deniedd V�66&:D o !� Signature Date 2. City Attorney's Office Approved ❑ Denied 7/()it/\-� ` 3 t&4- Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services �d waiver form 8/13/2008 8:13:00 AM Aug-08-2008 10:16am From-HAMILTON BREWART INSURANCE T-226 P.001/008 F-667 .AG-OAD CERTIFICATE OF LIABILITY INSUR ►NCE OP ID ITH DATE(MMIDDrNW) LASIG-2 08/08/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hamilton Brewart Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Californ±a License No. OD69219 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR F. 0. Box 1949 _ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Upland CA 91785-1949 Phone:909-981-5210 Fax:909-985-3448 INSURERS AFFORDING COVERAGE NAIC# INSURED --' .._ INSURSRA: First Mercury Ins. Co. INSURER B'Oclden £aule Insurance Corp. Christopher R. Morales Inc. INSURERQ: National Union Fire 155 N. Eucla IrISURERD San Dimas C,A 91773 jNSURER E v THE POLICIES OF INSURANCE'-ISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES PFSCRIBFD HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS Or SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN RECUCED BY PAID CLAIMS. -- PdC1CY�PP€CTIVE P6CICY7=5FFP(RA'fl!'�N' �^ —" -,..........._..---.- 1 POLICY NUMI3FR DATE MMIDDNY DATE MMIDDIYY LIMITS LTRNSR TYPE OF A X GENERAL LIABILITY X COMMERCIAL GENERALUABfLITY E'M[4A001546 12/02/07 12/02/08 EACH OCCURRENCE $ 1 000 000 PREMISES�Faoccuronc®I $50,000 CLAIMS MADE F7X OCCUR MED EXP (Any bib parson) $ Excluded &ADVINJURY $ 1 000 000 -PERSONAL GENERAL AGGREGATE __$_2 r_000 r 000 $2,000,000 -^ GFN'LAGGREGATE LIMIT APPLIESPER PRODUCTS - COMPIOPAGG -�... ...,. ....-------- POLICY X JFCT LOC $ AUTOMOBILE LIASIUTY ANY AUTO BA8197683 — 10/10/07 10/10/08 COMBINED SINGLE LIMIT $ 1, OOD / 000 $ X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY Per personl $ X X HIRFDAUTOS NON -OWNED AUTOS BODILY INJURY (Per aT ident) _ ffi x Phys Amg Deducthl BAS197683 10/10/07 10/10/08 PROPERTY DAMAGE (Per accident) -IC,,/Coll $500 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT M^VEAACC $ $ ANY AUTO OTHER THAN AUTO ONLY: AGO $ EXCESS/UMBR>n"WASILITY EACH OCCURRENCE $ 10 000_,_000 C X I OCCUR CLAIMS MADE SE1382407 12/02/07 12/02/08 $10 r 000 r 000 AGGREGATE __- DEDUCTIBLE ^ RETENTION $10,000 APPWI RD !�# WA I (�NN BR M TO FORM � l�j�,p `17 $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIFTOiLPARTNER/EXECUTIVE OFFICERNEMBER EXCLUDED? ��j BY FM+IT t �i{i► P /%� ✓ _ b w�. r, TORY ,'IMIT6 ER $ F•L. EACH ACCIDENT E.L. DISEASE - EA EIMPLOYEE If yes, describe under SPECIAL PROVISIONS MOW $ E L. DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS) LOCATIONS / VEHICLES! EXCLUSIONS ADDEO BY ENDORSFMEIJI" / SPECIAL PROVISIONS Cancellation provision reverts to 10 day notice for nonpayment of premium. CERTIFICATE HOLDER CANCELLATION City of Huntington Beach See Notes Pg 2 2000 Main Street Huntington Beach CA 92648 CTTYHUN 3nVULU ANT VF I KC ADUVE ue7PrWrV6NIOO Or IrANVQ66CWDCFVKC Inc EAYIKA I IVN DATE THEREOF, THE ISSUING INSURER WILL EWIMOR TO MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CORPORATION 1988 Aug-08-2008 10:17am From-HAMILTON BREWART INSURANCE T-226 P-002/008 F-667 Aug-08-2008 10:17am From-HAMILTON BREWART INSURANCE T-226 P.003/008 F-667 POLICY NUMBER' FMMA00154b COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -W OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the iioilowing; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEL)IJLE Fume Of Additional Insured Person(s) Or Or a_n_ izatlon(s): Location And Description Of Cam loted Operations City of Huntington Beach Y Applies to Commercial Operations only, exddeing Renidtintial Its officers, employees & agents �i�erations oopament of Public Works ain Strout Main Rsddential Is defined a$ singlC family dw®Ilings, condos, duplexes or Hunbeach, CA 926a8 Hun townhouses. This includes work pone on any pad of a residential unit or praparly. Information required to com lete this Schedule, if not shown above, will be shown in the Declarations. Section ii — Who Is An Insured is amended to include as an additional insured the persan(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury° or "property dam- aga" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and Included In the "products -completed operations hazard". CG 20 37 07 04 0 ISO Prcperfes, Inc., 2004 Page 1 of 1 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID DC DATE(MM/DDPMY) CHRIS-1 1 08 08 08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIOD California Contractors ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Network, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2151 Convention Center Wy #203 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Ontario CA 91764 Phone:800-592-0047 Fax:800-592-2541 INSURED Christoppher R. Morales, Inc. 155 N. Eucla Ave. San Dimas CA 91773 rnvrPAnPq INSURERS AFFORDING COVERAGE I NAIC # INSURERA: California Contractors Network INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N5R LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YY POLICY EXPIRATION DATE MMIDD/YY LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR EACH OCCURRENCE $ PREMISES (Ea occurence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PROJELOC CT PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS!�y-�}�� NON-0WNED AUTOS T oVED S 1 Z�l FE M��Rr - n1� q ltivd ,+ C1�J orne D,3 COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABI LITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below 4503 01/17/08 12/31/08 TU- X TORY LIMITAS I I ER E.L. EACH ACCIDENT $2,000,000 E.L. DISEASE - EA EMPLOYE $ 2, 000 , 0 00 E.L. DISEASE - POLICY LIMIT s2,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: Traffic Signal Modifications at Center & One Pacific Plaza and Springdale and Heil Project#: Cash Cont.#1322 **Please see notes** Authorized by State of California -Department of Industrial Relations -Office of the Director Certificate to Self Insure #4503 CERTIFICATE HOLDER C:ANL;L:LLAIIUIV CITYHTM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Department of Public Works NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn : Eric R . Charlonne IMPOSE NO OBLIGATION OR LIABILI OF ANY KIND UPON THE INSURER, ITS AGENTS OR P.O. Box 190 Huntington Beach CA 92648 REPRESENTATIVES. AUTHORIZED REPRESENT TIVE Thomas J. Wheele ACORD 25 (2001/08) © ACORD CORPORATION 1 ®A " HOLDER CODE CITY HUN CHRIS 1 p., ' 4 ,- PAGE, 2 ,f„ NOTEP ''�®. .INSURED'SNAME = Christopher R. Morales, Inc. ""OPID;`'DC =DATE u08/'08„%,08 " ,... City of Huntington Beach its agents, officers, and employees Company Profile Page 1 of 2 Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Company Performance & Comparison Data Financial Statements PDF's Annual Statements Quarterly Statements CA Supplements Company Complaint Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area Financial Rating Organizations View Financial Disclaimer COMPANY PROFILE Company Information DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH, SUITE 200 IRVINE, CA 92613 Old Company Names Effective Date back to top Agent For Service ALBERT HILLEBRAND 17780 FITCH SUITE 200 IRVINE CA 92614 back to top Reference Information NAIC #: 12718 California Company ID #: 4606-0 Date Authorized in California: ii 08/30/1999 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: 11 IOWA back to top NAIC Group List NAIC Group #: 0075 INSCO DICO GRP back to top Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS http ://interactive.web. insurance. ca. gov/companyprofile/companyprofile?event=companyPr... 8/ 18/2008 OZ�� -- 12 2-,2-- OCR .1-ld E Z TV BOB City of Huntington Beach CC-1322 Traffic Signal Modifications at Springdale & Neil and at Center & One Pacific Plaza Bid Opening: July 22, 2008 @ 2:30 P.M. Engineer's Estimate: $160,000 Rank Bidder's Name Bid Amount Corrected Bid Amount . AGE-E'"` ... AK Engineering California Engineering & Contracting, Inc. California Professional Engineering, Inc. i Christopher R. Morales,Inc. CSI Electrical Contractors �r^U Dynalectric JFL Electric �1Macadee Electrical �� � •�� -- McCain, Inc. i ------ Moore Electrical Contracting, Inc. Pouk & Steinle, Inc. PTM Engineering Ramilan Electric, Inc. - - Republic ITS Steiny & Company, Inc. NOTICE INVITING SEALED BIDS for CC-1322 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:30 PM on July 22, 2008, at which time bids will be opened publicly and read aloud in the Council Chambers for the Traffic Signal Modifications at Springdale Street and Heil Avenue and at Center Avenue and One Pacific Plaza, CC-1322, in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting June 26, 2008 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $30.00, sales tax included, if picked up or $40.00 if mailed (bidder shall pay additional costs for special delivery). Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 4th day of September 2007, by RESOLUTION 2007-55. /s/ Joan L. Flynn City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 CC-1322 CITY OF HUNTINGTON 2000 Main Street P.O. Box 190 Huntington Beach, CA LETTER OF TRANSMITTAL Attention: Joan L. Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 BEACH 92 64 8 Fax (714) 374-1573 Date: June 19, 2008 Project/C.C. No.: C.C. No. 1322 Regarding: ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # I Copies I Pages 'Descri' tion 1 1 1 Notice InvitingSealed Bids for CC-1322 2 (Traffic Signal Modifications at Springdale and Heil Avenue and at Center Avenue and One Pacific Plaza 3 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Per Resolution 2007-55 (adopted on September 4, 2007), the City Council authorized the advertisement of the above Project. Please find attached the Notice Inviting Sealed Bids for advertisement on 6/26/08, 7/3/08, 7/10/08 & 7/17/08. The bid opening is scheduled for 7/22/08. Please contact me at 374-1628 with any questions you may have. c: file By: _'e�- zjlem:��� William F. Janusz, RfWcipal Civil Engi GACONSTRUCTCON CONTRACTS (CCs)\CC1322\NISB TRANsmrrALTo CLERK-CC-1322.DOC Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County, State of California, under date of Aug. 24, 1994, case A50479. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am the Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and the attached Notice is a true and complete copy as was printed and published on the following date(s): June 26, 2008 July 3, 10, 17, 2008 declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 17, 2008 at Huntington Beach, California Signat e for ((-1322 Notice is hereby given that sealed bids twill be received by the City of HuntingtonBeach" at the office of the City Clerk at City Hall,- 2000 Main Street, Huntington Beach, CA'92648, until the hour of 2:30 PM • on July 22, 2008, at which time bids will be opened -publicly and read aloud in the Council Chambers for the Traffic' Signal Modifications at Springdale Street andHellAvenue and at Center Avenue and One Pacific Plaza, CC-1322, in the City of Huntington Beach. A set of plans, specifications„ and contract documents may be obtained starting June 26, 2008 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $30.00, sales fax included, if , picked up or $40.00 -if mailed (bidder shall 'pay additional costs 'for special delivery). Each 'bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The' Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable, thereto, with the exception only of such, variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of,the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form- furnished by the City of Huntington, Beach, Departmenfof Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. I By order of the City 'Council_ of the City of Huntington Beach, --California the. 4th day of September 2007, by RESOLUTION 2007-55. /s/Joan L: Elynn City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 Published Huntington -Beach Independent June 26. July 3:.10..17.2008 064-903 T /,A&A Council/Agency Meeting Held: /d-Goal- Deferred/Continued to: ; AAppr ved ❑ Conditionally Approved ❑ Denied Cit Jerk' Sign re Council Meeting Date: 8/18/2008 Department ID Number: PW 08-59 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB , 81/ SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATOR PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR OF LIC WORT SUBJECT: Award Traffic Signal Modification Project at Springdale Street & Heil Avenue and at Center Avenue & One Pacific Plaza Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On July 22, 2008, bids were opened for the Traffic Signal Modification Project at the intersections of Springdale Street and Heil Avenue and at Center Avenue and One Pacific Plaza, CC-1322. City Council action is requested to award the contract to Christopher R. Morales, Inc., the lowest responsive and responsible bidder. Funding Source: Funds totaling $240,000 have been appropriated in the current fiscal year from the Traffic Impact Fee Account, Traffic Signals, Traffic Improvements, 20690007.82700. Recommended Action: Motion to: 1. Approve the project plans and specifications for the Traffic Signal Modifications at the intersections of Springdale Street and Heil Avenue and at Center Avenue and One Pacific Plaza (CC-1322); 2. Accept the lowest responsive and responsible bid submitted by Christopher R. Morales, Inc., in the amount of $90,209.00; and 3. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids and provide staff with an alternative direction. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/18/2008 DEPARTMENT ID NUMBER: PW 08-59 Analysis: The intersection of Springdale Street at Heil Avenue has been identified as requiring north -south left turn arrows based on collision history and the presence of a significant number of school -age pedestrians. The intersection of Center Avenue at One Pacific Plaza also was identified as requiring the installation of left turn arrows. The existing curvature of Center Avenue to the east of this intersection impacts the sight distance for eastbound left turning traffic. The existing "protected -permissive" left turn indications will be removed and replaced with standard left turn indications, where a left turn can only be made on a green arrow. A complete set of plans and specifications are available for review at the Public Works counter during normal business hours. Bids were opened publicly on July 22, 2008, and are listed in ascending order: Bidder Submitted Bid Corrected Bid 1 Christopher R. Morales, Inc. $90,209.00 2 California Engineering & Contracting, Inc. $96,100.00 3 Poulk & Steinle, Inc. $110,580.00 4 JFL Electric $118,950.00 5 Moore Electrical Contracting, Inc. $126,221.00 6 Dynalectric $126,693.00 7 Macadee Electrical $142,946.00 8 CSI Electrical Contractors, Inc. $125,950.00 $143,650.00 9 California Professional Engineering, Inc. $104,702.00 $146,702.00 10 AK Engineering $131,630.00 $166,430.00 11 PTM General Engineering Services, Inc. $116,300.00 $177,500.00 The engineer's estimate for the bid items was $145,000. The total estimated cost for this project is $232,000 which includes the City's direct purchase of all major equipment. This practice ensures consistency of equipment among the traffic signals and street lighting maintained by the City. Direct purchase also provides the added benefit of reduced costs to the City due to elimination of contractor mark-ups, typically in excess of 20 percent on this type of equipment. Total supplemental expenses for the project are $47,000 which includes contracted inspection services. The reference check for Christopher R. Morales, Inc. provided acceptable responses from past clients. All other elements of the bid were found to be in compliance with bidding requirements. Therefore, staff recommends that the City Council accept the bid from Christopher R. Morales, Inc. as the lowest responsive and responsible bidder. -2. 8/4/2008 8:08 AM REQUEST FOR CITY COUNCIL ACTION MEETING ®ATE: 8/18/2008 DEPARTMENT I® NUMBER: PW 08-59 Public Works Commission Action: The Public Works Commission reviewed and recommended the project on June 18, 2008, by a vote of 6-0-1 (Spencer absent). Strategic Plan Goal: (C-1) Improve transportation through a variety of means including improving traffic flow, synchronizing traffic signals, traffic calming, and alternative transportation methods such as bike and walking paths. Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15303 (c). Attachment(s): -3- 8/4/2008 8:08 AM i CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING LOCATION MAP CC-1322 ATTACHMENT dSPRINGDALE STREET AND HEIL AVENUE CENTER AVENUE AND ONE PACIFIC PLAZA RCA ROUTING SHEET INITIATING DEPARTMENT: Public works SUBJECT: Award Traffic Signal Modification at Springdale Street & Heil Avenue and at Center Avenue & One Pacific Plaza COUNCIL MEETING DATE: August 18, 2008 STAT'RACHNEVUS . Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXP1_ANATION FO'R MISSING"ATTACbHNIENTS RCA Author: Janusz:jg SUCCESSFUL BIDS CC-1322 Traffic Signal Modifications at Ci of ' ntington Beach C-1322 Traffic Signal Modifications at rin dale & Heil and at Center & One Pacific Plaza Bid ®penin g my 22, 2008 @ 2:30 P.M. Engineer's Estimate: $160,000 Rank Bidder's Name Bid Amount Corrected Bid Amount AK Engineering 2 D(C) c� . �-- California Engineering & Contracting, Inc. California Professional Engineering, Inc. Christopher R. Morales,Inc. CSI Electrical Contractors % �13 vlJ-0U. r Dynaiectric 10 `? / / 60 p. del 4 JFL Electric 7 Macadee Electrical n, nc. Moore Electrical Contracting, Inc. i t • c8 Pouk & Steinle, Inc. /0 S ?0 . O e PTM Engineering B p' % 7 '] / J v .— -_ Ramilan Electric, Inc. -- -, Republic ITS Steiny & Company, Inc. �— I City ®f Huntington Beach 2000 Main Street . Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 6, 2008 AK Engineering 1254 S. Waterman #17 San Bernardino, CA 92408 RE: CC-1322 — Traffic Signal Modifications (Springdale & Heil, Center & One Pacific Plaza) Enclosed please find your original bid bond for CC-1322. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure Sister New Zealand ( Telephone: 714-536-5227 ) 22 P " 08 �cv,�c.� � cc. o3zz ZAI SECTION C PROPOSAL, for the Traffic Signal Modifications at Center & One Pacific Plaza and Springdale & Heil CC No. 1322 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the maiuler and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices, bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROTECT BID SCHEDULE ............ Esti n .. ..ated .. . . Item:::::No::::Quantity .. .::.:::::::::::::::::::1tem:Wtbi:[Ji�it .............. Priee:W:ritten kn: :Words ::::::::: . Uriif:Price :::: Ezteiided A inou:nt Traffic Signal at Center Avenue and One CC-1322 Pacific Plaza 1 1 LS Mobilization @ o ` e s W (2 , $ 7�q.a' Per LS 2 1 LS Traffic Control Per LS 3 1 LS Signing and Striping cc @ �I �,► clam G it $ $ V Q c) , .-.. Per LS 4 1 LS Modify Traffic Signal at Center Ave.&One Pacific Plaza @ -ifok Ikd 5 aw-� r-- $ 2, $ I 4;-5C q r —.ti Per LS ---� Subtotal - Traffic Signal Modification for Center Ave. and One Pacific Plaza $ 29 o Ir ............ Estimated ............ .......... ,: Ite►n No: Quantity.:.: Item ti .. :Uritt Price Written in:Words Unit:.P. rice E;xfended:Atnount:: Traffic Signal at Springdale St. and Heil CC-1322 Ave. 1 1 LS Mobilization T @ -o..f !L -WsQl n �0 ,— $ /200 $ w0 Per LS 2 1 LS Traffic Control �� �7� ,,, @ !!l 6 1 'l. `l N. S QU p�/�/� $—�S15.d1 $ 14 o Per LS C-2.1 ........ .. . ..:.E.:E.2s.tt...n.C.t►.te.yd. ............ .. .: ...:..:.:..::......_.i.�..e..:.�.i.i..:......................................................... ...................................... ::::::.::::::::::::: .... :... :... .... .... .....:::::: ...........:...:......: .........: :::::: .:....:.........:.......:'..... . ....... :::.:. : .:. VithUit:FrieeVrW a ..... .. Iteodo.i mount:. 4 1 LS Signing and Striping r @— •-_-- I Per LS 5 1 LS Modify Traffic Signal at Sprin dale St. and Heil Ave. r r- Per LS 6 4 EA Construct Curb ramp including adjacent gutter plate per Caltrans Std. Plan A88A Case C. r• Per EA S r- Subtotal - Traffic Signal Modification at Springdale St. and Heil Ave. $, Subtotal - Traffic Signal Modification at Center Ave. and One Pacific Plaza Subtotal - Traffic Signal Modification at Sprindale St. and Heil Ave. Total Amount Bid (Total Amount Bid in W Slt $ Z3,39u.� $t z v Note: The City will provide the traffic signal controller and service cabinet, all poles, mast arems, luminairies, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advace for pick up at (714 375-5015. 22 C-2.1 If awarded the Contract, the undersigned agrees that in the event of the BIDDERS default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. �1�1eCs (�aal� gyp` Accompanying this proposal of bid, find in the amount of $ 1' which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California County of 4 alig s-/9 �cwok k �Qi,� t L , being first duly sworn, deposes and says that he or she is p w v\4e r- of the party making the foregoing bid that the bid is not made in the interest o , or on the b half of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder VJW14 uy_1A-1jJ Signature of Bidder 17 S, vJ v qm Pour= • v, k 1 Address of Bidder Subscribed and sworn to before me this?- 2 /LAay of J L , 20 - NOTARY PUBLIC A. R =Aw86H'OY COMM. #1703036 M 40 Notary Pubno-c aria LA iA LOS ANGELE5 COUNTY My Comm. Exp. Nov 4, 2010 NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY -OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Traffic Signal Modifications at Center c& One Pacific Plaza and Springdale & Heil (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: Vlez ��19 Contractor By (nyjKeC Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes XNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 1^ Date: i-Z2 - t)w Contractor 1�Ma 0�z D By Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: t Contractor " ii�l � �-- � By ©W e'--' Title Date: rj ..22 _ o$ Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder N Business Address S;LAA _ roc Ic'�'�,�o Z City, State Zip oa `1= go - 3ZI-1 Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by t<OWAA�, '(� �i Lof our office on 1 - t 7 , 200A The following are persons, firms, and corporations having a principal interest in this proposal: kQ vtc, L 1-<ka,I L Awkcc C-9 I The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform; the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company N 4 Signature of Bidder kANAAt- Y- WA- L, L.-- Printed or Typed Signature Subscribed and sworn to before me this�2- ° day of (] �- , 200�. R. AA aO0Y 1COMM. #170336 10 m NoaP014~12 ANGEs Mcnx NOTARY PUBLIC W y+, NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1 C,4 C-A t t JG l I',.. pl-- C9 Oct) 7 o R- 3_ Name an�'Ad4ess of Public Name and Telephone No. of Project Manager: e s r Contract Amount Type of Work Date Completed 2. C-4t4 Colt� Z — Name wtdWdAs of Public Agency Name and Telephone No. of Project Manager: S�-ev C- Contract ALmount Type of Work Date Completed 3. ( It4-H of q v C r.A, .OG (9 b ci) ! 9U - SP--i o `-i Name-*xH A�ibress of Public Name and Telephone No. of Project Manager: � AS m �_a yo se. 3�} t,0 31. Amount Type of Work Date Completed C-10 FINANCIAL PACIFIC INSURANCE COMPANY P.O. Box 292220, Sacramento, CA 95826 BID BOND B907043 BID DATE 7/22/08 KNOW ALL MEN BY THESE PRESENTS: That we AK Engineering as Principal, hereinafter called the Principal, and FINANCIAL PACIFIC INSURANCE COMPANY of Sacramento, California, a corporation duly organized under the laws of the State of California as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid (10% of Amount Bid), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to the Obligee for: Traffic Signal Modifications at Center Ave and One Pacific Plaza and Springdale St & Heil Ave NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specific, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. Signed and Sealed this 18th day of July, 2008. Financial Pacific Insurance Company AK Engineering (Surety) (Principal) By: � �ic� CE 2 C2 By: V:V Pamela McCarthy, Attorney -in -Fact 00 CALIFGRNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino On July 18, 2008 before me, Frances Lefler, Notary Public Name and Title of officer (e.g., "Jane Doe, Notary Public") personally appeared Pamela McCarthy Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person s� acted, executed the instrument. FR INGES LEFLER 1798660 z 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is TARY PUBLIC - CALIFORNIA� NO Z s SAN BERNARDINO COUNTY e,.,.My coenrn Expires May 20, 2012 true and correct. WITNESS my hand and official seal. Signat of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: a Individual • Corporate Officer Title M Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER B907043 POWER NUMBER 907043 PRINCIPAL AK ENGINEERING PENALSUM 10o OF BID AMOUNT KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation (the "Company"), does hereby make, constitu e a appoint: Jaye. reeman, Susan C. Monteon, Frances Lefler, Pamela McCarthy its true and lawful Attorneys -in -Fact, with limited power and authority for and on behalf of the Company as surety, to execute, deliver and affix the seat of the Company thereto if a seal is required on bonds, undertakings, recognizances or other mtitten obligations in the nature thereof as follows: Bid, Performance, Payment, Subdivision and, Miscellaneous .3ondsTup to $1,500,000.00 and to bind the Company thereby. This Power of Attorney is signed and sealed by:facsttnile undet and by the authority of the following resolutions adopted by the Board of Directors of Financial Pacific Insurance C>jmpany"at the meeting=duly held July 6, 1995, which are now in full force and effect: RESOLVED, that the President or any Vice,=president, in eonJunctipn wtth=the S,ecretao, or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or limited i 11 the ii strumetit eVidericing`the appointment in each case, for and on behalf of the Company, to execute and delive> and affix the seal of the Company�to,bonds, unbdectakings, recognizanees,,andsuietyship obligations of all kinds; and said officers may remove any such attorney -in factor agent and revoke any;power of attorney previously granted such person. d RESOLVED FURTHER, that any bond undertaking recognizance "i or suretyship obligation shall be valid and binding upon the ,,. Company when signed and sealed (if a seal lie requt>ed) by -one or iriore attorneys m` fact, pursuant to xand'within the" hmtts of the authority evidenced by the power of attorney issued by`°the Company to ;such person or persons RESOLVED FURTHER, thavthe signature of any autfib& d, officer and the `seal of the Cor piety. it#ay be affixed_by facsimile to any power of attorney or certification thereof authorizing the executioand delivery of any bond; undertaking, recogn nizance, or other suretyship obligations of the Company Y g an such si nature and seal when -so used -shall have the samefoTce and�effect as'though �rnanually affixed. >, IN WITNESS WHEREOF Financial Pacific Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal:`ta be liereunto affixed this 12th `of September,, 2007. 1✓ INS(//�j� QP:VOPPORgT'Lp� s.r ��1 \UlY 2p O 0 = . �.. 1986 a 94IFOR�'� Ed'" r, J. Paoletti .Vice President Jo n R.-Hollingshead, Secr tary STATE OF CALIFORNIA, COUNTY OF SACRAMENTO On this 12th of September, 2007; personally came before me Edward J. Paoletti and John R. Hollingshead, to me known to be the individuals and officers of Financial Pacific Insurance Company, who executed the above instrument, and they have acknowledged the execution of the same, and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. LISA ROPER COMM. # 1755752 z Z ' o� • NOTARY PUBLIC - CALIFORNIA3 PLACER COUNTY 2i�isa Roperr ry P is My Comm. Expires July 6, 2011 CERTIFICATE I, the undersigned Secretary of Financial Pacific Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors se forth, and that the relevant provisions of the By -Laws of the Company, are now in full force and effect. Signed and sealed at Sacramento, this 18TH day of JULY 20 0.8 John ollingshead, Secretary Financial Pacific Insurance Company seal must be affixed City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 6, 2008 California Engineering & Contracting, Inc- 16027 Brookhurst St., Ste. G-240 Fountain Valley, CA 92708 RE: CC-1322 — Traffic Signal Modifications (Springdale & Heil, Center & One Pacific Plaza) Enclosed please find your original bid bond for CC-1322. Sincerely, F �f Joan L. Flynn, CMC City Clerk JF:pe enclosure Sister CiFV49t1A1M6ajVgffew""N1iM New Zealand (Telephone: 714-536-5227 ) ,; ;� .V�. � �: N^ �' m a: �r ' �M x;� ri �, 'k ��. a� ��- �4 cF, x,, �+ 'hfi'• _ �� �x a a ,�, >t:. 2000 JUL 22 R1 14 2 SUBMITTED BY: CALIFORNIA ENGINEERING & CONTRACTING, INC. OFFICIAL. BID 16027 Erookhurst St. Suite G # 240 (DO NO OPEN) Fountain Valley, CA 927o8 "OFFICIAL. BID" 'OPENING DATE:------ -t-'�� 1.bu , A.M. .M1VI. DELIVER TO: PROJECT NO: 13 2-2- Gi4, WuAw&',2Gc�� PROJECT NAME: �Gl � SOWadioNs 2Euo �Utn1 5 C(� 61m/ e. Dnre ANFc ��,Amck (P 4 �'i Hei L . SECTION C PROPOSAL for the Traffic Signal Modifications at Center & One Pacific Plaza and Springdale & Heil CC No. 1322 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work, therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the matuier and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE Estimated: ::< : :::: : >:::: ::::::::::::::......::::::: :: ::: ::::::::::::< ::::::::::.:::::< :Item l�io. Quantity... 1te�ti W�th.Unit Price Written in Words ::: ;' Unit:Price.. ::. t Exteirded Arnoun. . Traffic Signal at Center Avenue and One CC-1322 Pacific Plaza 1 1 LS Mobilization $ c_ $ Per LS 2 1 LS Traffic Control _ Per LS 3 1 LS Signing and Striping @ 'ice✓ �e �TUy� L ]c.,1�— $ �Civ �— $ -�0 O'-- Per LS 4 1 LS Modify Traffic Signal at Center Ave.&OnSe Pacific Plaza Per LS Subtotal - Traffic Signal Modification for Center Ave. and One Pacific Plaza $®lJ Estimated ................ .. Iaem hio. Quantlty::: Item: With Unit Price Written in Words. Unit Price E:xfended;Amo... I Traffic Signal at Springdale St. and Heil CC-1322 Ave. 1 1 LS Mobilization p @ \V,— `_ $ $ Per LS 2 1 LS Traffic Control ^y 4 Per LS C-2.1 E a st ate............. ........ .................... ............. I ...... .......... `: :> :n >: > ie�::: Etc eiii}eil ith* Unit.Prree Wr►tten.bn.Words.. r��t.lpc ........ .... t .......A . 4u.. t . 4 1 LS Signing and Striping _ Per LS 5 1 LS Modify Traffic Signal at Springdale St. and Heil Ave. rem $ goo_ `T_ $6-54 On > Per LS 6 4 EA Construct Curb ramp including adjacent gutter plate per Caltrans Std. Plan A88A/Case C. Am �A' Per EA Subtotal - Traffic Signal Modification at Springdale St. and Heil Ave. $ ) Subtotal - Traffic Signal Modification at Center Ave. and One Pacific Plaza $ i Soo Subtotal - Traffic Signal Modification at Sprindale St. and Heil Ave. $ ?o Total Amount Bid $ Total Amount Bid in Words: Y N A Note: The City will provide the traffic signal controller and service cabinet, all poles, mast arems, luminairies, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advace for pick up at (714 375-5015. C-2.1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find `����� in the amount of S k,d which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received -- Bidder's Si nature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Fork Number AV/ By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH DID State of California ss. County of Orange T -qeV- 7Dgaa! , being first duly sworn, deposes and says that Ze obis Pry g;� fit- of & ,,,,the party making the foregoing bid that the bid is not made in the interesY of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder, to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Ccaorp icq Name of Bidder Signature of Bidder 1tcp2�Ijroukl St-. Cn240 founta Iry \jcxL�� I C-JN glnol Address of Bidder Subscribed and sworn to before me this day of�--I , 2001. _ TIFFANY VAISANEN NOTARY PUBLIC - CALIFORNIA w # 1669354 COMMISSION ORANGE COUNTY NOTARY PUBLIC My Comm. Ezp. May 23, 2010 NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Traffic Signal Modifications at Center & One Pacific Plaza and Springdale & Heil (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 1 / 2212CO 0 Cc&�brN;a Contractor By �res�de�� Title C-s DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ®Yes ONo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 7�a'2OEM CCC,�f �N�� �pn�rtlUfiiv /�vG Contractor a -4v,,le vim' B / reSi�e•�.f� Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: /�1 /7 ,17 . - via e & C2i Contractor 13 �cs iGl Title Date: r7#-2- 12 0 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: f Cenfr-i:,rY , %<�, . Bidder Name 11�90111)7 V Stu-� 45-41-1 o2hw Business Address City, State Zip ( -71¢ ) 7M • 3�54-1- Telephone Number `8;ry,08 A & C- lv State Contractor's License No. and Class /. 22.. 2-o6 Original Date Issued 1.3/-076a Expiration Date The work site was inspected by 16C V of our office on 1 The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform; the contract for the proposed work and improvements in accordance with the plans and specifications set forth. C / 4 JprN/ Company Name Signature of Bidder F-4►lPk 3A I Printed or Typed Signature Subscribed and sworn to before me this ZZ day of , 200P— TIFFANY VAISANEN NOTARY PUBLIC • CALIFORNIA COMMISSION # 1669354 R ORANGE COUNTY My Comm. Exp. May 23, 2070 --:�M.' NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 California .Engineering & Contracting, Inc. Project Completed O.L. Development Omer Levin Signal & Street lighting $350,000 2007/08 818-402-0600 Interconnect and Fiber optic Caltrans Moussa Elessly Signal Modification $160,000 2008 949-279-8816 interconnect Caltrans Mohamed Elsayed Traffic Signal $115,000 2008 949-279-8806 interconnect Caltrans Ben Nanjappa Traffic Signal $82,000 2008 Pasadena Jim Valentine Street light $80,000 2008 626-744-4265 Conduit and pull boxes 16027 Brookhurst St, Suite G #240, Fountain Valley, CA 92708 Phone (714)708-3544. Fax (714)708-3581. Email caengcont@gmail.com License #88988 INSCO INSURANCE SERVICES, INC. insc�� Underwriting Manager for: �pO�p Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 Bond No.: 11-428-070 KNOW ALL MEN BY THESE PRESENTS, that we California Engineering & Contracting Inc as Principal, and Developers Surety and Indemnity Company a corporation duly organized under the laws of the State of Iowa as Surety, are held and firmly bound unto City Of Hunington Beach as Obligee, in the sum of Eighteen Thousand Dollars ($18,000.00) for payment of which sum well and truly to be made, Principal and Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Traffic Signal Modifications NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 22nd PRINCIPAL: California Engineering & Contracting Inc day of July ZQ 08 SURETY: Developers Sur ndemnity Company �i , I Blake A P�fistter, Att;)rney-in-Fact ID-1118 (REV. 1/01) CONFORMS TO AIA DOCUMENT A310 2/70 ED. State of California County of Orange ACKNOWLEDGMENT }ss. } On July 21, 2008 before me, Lianne Nahina, Notary Public Notary Public, personally appeared Blake A Pfister who proved to me on the basis of satisfactory evidence to be the person whose nameA subscribed to the within instrument and acknowledged to me that he/, executed the same in his/I I authorized capacity(i&@�, and that by his/hQ4t4e+r signature(,') on the instrument the person(e), or the entity upon behalf of which the persono� acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. gnature of Notary __ 7*tL1A*NNE ammis a llotary Public • California Orange County MYSPk8sSep14,2011 OPTIONAL INFORMATION Description of Attached Document Title or Type of Document: Bid Bond No 11-428-070 Date.- July 22, 2008 Number of Pages: Signer(s) Other than Named Above: NONE Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer —Title: o Partner o Limited o General �w Attorney in Fact o Trustee o Guardian or Conservator o Other: Signer is Representing: Developers Surety and Indemnity Company POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-33M Attached to Bid Bond No. 11-428-070 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Blake A. Pfister*** as their true and lawful Adomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the atomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers 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 shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January ist, 2008. By: V , W�'gyyA ttA r PAN: Stephen T Pate, Senior Vice President By: ��_ 1986 e �_ crs �9&7 Charles L. Day, Assistant Secretary State of California `�•ix,ticw` County of Orange On January 1st, 2008 before me, Christopher J. Roach, Notary Public Date Here Insert Name and Title of the Officer personals;, appeared Stephen T. Pate and Charles L. Da Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hedtheir 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. t certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph is 44 true and correct. WETNESS my hand and offs ial seal. Place Notary Seal Above Signature Ch ' er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, th62 2 n Clay of J U 1 y r , 2 0 0 8 By: Albert Hillebrand, Assistant 5ecretary I0-1380(Wet)(Rev.07/07) City ®f Huntington Beach 2000 Main Street Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK October 6, 2008 California Professional Engineering 9316 Mabel Ave. S. El Monte, CA 91733 RE: CC-1322 — Traffic Signal Modifications (Springdale & Heil, Center & One Pacific Plaza) Enclosed please find your original bid bond for CC-1322. Sincerely, n Joan L. Flynn, CMC City Clerk JF-.pe Enclosure Sister New Zealand (Telephone: 714-536-5227 ) SECTION C PROPOSAL for the Traffic Signal Modifications at Center & One Pacific Plaza and Springdale & Heil CC No. 1322 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the mamzer and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE .. .............. Btemated ....... ...... Item No. Quantity.:: 1tero:Wjtti:TJiittPrice. Writtes in Words Unit:I'rce t✓xteded:Ainoun:t:: Traffic Signal at Center Avenue and One CC-1322 Pacific Plaza 1 1 LS Mobilization Per LS 2 1 LS Traffic Control $ ' 0-M, — $ 1 0 \ YS Per LS 3 1 LS Signing and Striping @ -kA0. 61fmf -� $ o l\cc �( Per LS 4 1 LS Modify Traffic Signal at Center Ave.&One Pacific Plaza @ V" 'tY\V (I $ A0 $ Per LS Subtotal - Traffic Signal Modification for Center Ave. and One Pacific Plaza $� . . ... . . . . . Estimated ...... .. . . Ion ;No . Quantity:: Ztem::With Unit Price Written in Wvrds :: Unit: Price..:;:: Extended Amount. Traffic Signal at Springdale St. and Heil CC-1322 Ave. 1 1 LS Mobilization @ oQo�lar� $ $ Per LS 2 1 LS Traffic Control vw $ $ Vw"CifiN � f� Per LS C-2.1 Ite►ti . No- :.Qti�:ntity. :: tteni>Witti:Unit Price Written cn:Words : l.�nlf 1p'riCe ' '-' ';�zte` i}ed Am uti_ �: � ..... o...t. 4 1 LS Signing and Stripin `� @ QQ � lts M $` $ ff Per LS 5 1 LS Modify Traffi . Signal at Springdale St. and IJeiI Ave. Per LS 6 4 EA Construct Curb ramp including adjacent gutter plate per Caltrans Std. Plan A88A Case C. @ UY -M�. 0 (T( Per EA - Traffic Signal Modification at Springdale St. and Heil Ave. Subtotal - Traffic Signal Modification at Center Ave. and One Pacific Plaza $ Subtotal - Traffic Signal Modification at Sprindale St. and Heil Ave. $ Total Amount Bid S i I'D Total Amount Bid in Words:A NOw4 f�qy �1© %0 ws � NOVO (�4 �A Aqk\An� &N QAN . Note: The City will provide the traffic signal controller and service cabinet, all poles, mast arems, luminairies, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advace for pick up at (714 375-5015. C-2.1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 01-M in the amount of $ V� which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: 11 Addenda No. I Date Received Bidder's Siznature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class 50;�1 NVVM(As r Ck 9MU By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO DE EXECUTED BY BIDDEN AND SUBMITTED WITH DID State of California ss. County of Orange '�j being first duly sworn, deposes and says that h or she is of C—j pro r n.c the party making the foreg ing bid that the bid is not made in the interest of, or'on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. California Professional Engineering Name of Bidder Signature of Bidder W16 WWI AV& Sod S Me, C 91733 Address of Bidder Subscribed and sworn to before me this day ofJ—i� 3 200g . comr4dw#1 N06" A W - cam"M 1ICa ff* E*WAug 29,,1O1 4 NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY -OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Traffic Signal Modifications at Center & One Pacific Plaza and Springdale & Heil (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. .. .. 'ti er tom_ ..�..� ..i Si:. �,�•� California Professional Engineering Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes U No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 0 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. Date: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. California Professional Enghec., Jng Contractor (e I By Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: California Professional Engineering gon(fta� fWn09ff Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: N(An � M Bidder Name 131(0 r WX1 rNcnQf Business Address Sujffi t I mcalle CA City, State Zip c 2 , ) 4 E2 2 - S U`5 Telephone Number 3- State Contractor's License No. and Class U Original`Date Is -!� � --,201 M Expiration Date The work site was inspected by 0—'4'1/f our office on , 20_. The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. California Professional Engineering Company Signature of 0 m Nguyen Printed or Typed Signature Subscribed and sworn to before me this day of , 20A . V — p y N*kcow, #� tee v Peb4c - Caffo na 9hV1 tog kWh"kWh"coanp c0nVa.6"a^Q2V.M n n <17 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: P 791 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 0 9316 Mabel Avenue South El Monte, CA 91733 Ph: (626) 452-8658 Fax: (626) 448-0470 J ®(B E RE✓ S (PROJECT Beach Ave. & Caminita Blvd. Traffic Signal Installation Amount: $300, 000 Owner: City of Cerritos Project Manager: Rash Syed Contact phone #: (562)916-1221 Orange Grove & Garfield Ave. Traffic Signal Installation Amount: $196, 000 Owner: City of Pasadena Project Manager: Elvin Jiang Contact -phone#: (626)744-6912 Lincoln Ave. Intelligent Transportation Svstem Amount: $485, 000 Owner: City of Anaheim Project Manager: Robert Palaeologus Contact phone #: (714) 765-5100 x5711 Seal Beach Blvd. Street Rehabilitation Amount: $250, 000 Owner: City of Seal Beach Project Manager: Karim Contact phone #: (714)412-2772 Additional information will be available upon your request. AIA Document A310 Bid Bond BOND # N/A KNOW ALL MEN BY THESE PRESENTS, that we CALIFORNIA PROFESSIONAL ENGINEERING, INC. DBA CALIFORNIA PROFESSIONAL ELECTRICAL 9316 MABEL AVE. ENGINEERING S. EL MONTE, CA 91733 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY 701 SOUTH PARKER STREET SUITE 3800 ORANGE, CA 92868 (Here insert full name ,and address or legal title of Surety) a corporation duly organized under the laws of the State of NEW HAMPSHIRE as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 (Here insert full name ,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of TEN AND 00/100 PERCENT of attached bid ------------------------------------------ Dollars ($ 10 oho for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for TRAFFIC SIGNAL MODIFICATIONS AT THE INTERSECTIONS OF CENTER AVENUE AND ONE PACIFIC PLAZA AND SPRINGDALE STREET AND HEIL STREET; CC NO. 1322 (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 17th day of July 2008 (Witness) (Witness) CALIF RNIA PROFESSI HAL ENGINEERING, INC. DB,kk qALTFORWAP SSIONAL ELECTRICAL (Princi at) (Seal) ENGTWFRTN YUNG T. (Title) (Seal) AIA DOCUMENT A310 BID BOND AIA 8 FEBRUA Y 1970 ED THE AMERIC INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 ACKNOWLEDGMENT State of California County of ORANGE ) On July 17, 2008 before me, JENNIFER C. GIBONEY, NOTARY PUBLIC (insert name and title of the officer) personally appeared YUNG T. MULLICK who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. - QFTh JENNIFER C. GIBOAIEY � WITNESS my hand and official seal. C'j COMM. 411797064 U) po NOTARY PUBLIGCALN+A FOR ORANGE COUNTY N Signature (Seal) 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 Intemational Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: JENNIFERC. GIBONEY, JAMES W. MOILANEN. and YUNG T. MULLICK 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 24th of March, 2000: "RESOLVED, that any two of the President, any Executive 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." `��yuttuerru�, 0N,\° iNUT r,ks�i�,�% 0Q. �w+«rtrt,, OPPT':GA'4 j 21•G F•' �, 2F tt i'F t;a�xalE �.' SEAL : nZ = y .x 1973 Ri: n ^ "a Steven P. Anderson, President & Chief Executive Officer of Washington International Insurance Company & Vice President of North American Specialty Insurance Company t o _ s_ 'g� A- ykjii�llfllli By David M. Layman, Vice President ofwashingt alInsurance Cmnpany & Vice President of North American Specialty Insurance Cru pany IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 1st day of May 2008 . North American Specialty Insurance. Company Washington International Insurance Company State of Illinois County of Du Page ss. On this 1st day of May 20 08 before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman, 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. 'dFF1C1Ai SEAL" SUSAN ANSIEL tilalarp Fufiic, Stale of MW. 's Susan Ansel, Notary Public MY Carvissim Exp 61178'XN)13 tea. 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 17 day of JULY 20 o8 . Sames A. Carpenter, Vice President & Assistant Secretary of Washingtm Intemational Insurance Company & North American Specialty Inswarnm Company City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 6, 2008 Dynalectric 4462 Corporate Center Drive Los Alamitos, CA 90720-2539 RE: CC-1322 — Traffic Signal Modifications (Springdale & Heil, Center & One Pacific Plaza) Enclosed please find your original bid bond for CC-1322. Sincerely, aX x Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cilf€tg11oAhq(5ajNj9Atff4'%U WJW New Zealand ( Telephone: 714-536-5227 ) 7000 JUL 2 2 PH 2• 28 + r„i SECTION C for the Traffic Signal Modifications at Center & One Pacific Plaza and Springdale & Heil CC No. 1322 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL, OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the mamler and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 11A UO bo"D n the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 !DC INC. dba IDYNALECTRIC PROJECT BID SCHEDULE E0.. ate d . Item .1 0 : fQuantity .. lteai:With [Jnit Pr :Unit:Price .:. Extended:Ainou:nf.: Traffic Signal at Center Avenue and One CC-1322 Pacific Plaza 1 1 LS Mobilization ' @ mac I SAr!)'010e 400012> /; . $ i -71 ,e:X) $ ��� , �� Per LS 2 1 LS Traffic Control /� @ QLjt Tt(rx�Sam � - -eve Cl L)o 02W $ 7 0� $ ®® Per LS 3 1 LS Signing gg -ain and Stripg, 421-1 S t"e!� DOt_i� Per LS 4 1 LS ModifyTrafficSignal at Center Ave.&One Pacific Plaza @ f— / �// /"�FyStklil /7 J�%rY cl(�G�/Zfi� $ 1t1 r $ CJ �• CiC Per LS Subtotal -Traffic Signal Modification for Center Ave. and One Pacific Plaza $ -2— 576c Estimated .......... :Item. .No. Quantity::.. Item: W►th Urt�t Price Written tn:Words.:: ... Urzit::Prtce .::::. .. Exteuded:Amount:: Traffic Signal at Springdale St, and Veil CC-1322 Ave. 1 1 LS Mobilization Aoe- Woi.,7aee-P s / q'71, (L-)0 s -M7t--00 Per LS 2 1 LS Traffic Control @ C, 6 A so.,-?o tje- 9L4 ,5ige-,t1 Aue, $1 776c $ l.5 77 co Per LS C-2.1 K®C INC. dbe ®YNALECTRio ....... .............. ......... I .......... .......... . . .................. Es. %maf... . :::::::::::::::::::::::::: .:......... t eel p "' Rzteitded :I ... . ........................ ......................... 4 1 LS Signin and Striping 00 / � oo 7�5,, GJ` -h'-yt1-V -i�6z eto((a►ems Per LS 5 1 LS Modify Traffic Signal at Springdale St. and Heil Ave. :Jbo-A4-f—Ate--- Per LS 6 4 EA Construct Curb ramp including adjacent gutter plate per Cal ns Std. Plan A88A Case C. Per EA Subtotal - Traffic Signal Modification at Springdale St. and Heil Ave. $ 7 co�� C? 0 Subtotal - Traffic Signal Modification at Center Ave. and One Pacific Plaza Subtotal - Traffic Signal Modification at Sprindale St. and Heil Ave. Total Amount Bid otal Amount Bid in Words: _kA l -?- owte, V5 . (-140".;AAA s1 $ l Z / SZS. vo $/y6,00 Acmdt,cW tt, 44,eY Note: The City will provide the traffic signal controller and service cabinet, all poles, mast arems, luminairies, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advace for pick up at (714 375-5015. C-2.1 KDC INC. tube ®YNAI_ECTRIC LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class �w � .t�'� 84-r Wv� 1O�.- zff� 23c�`ls ClirrT� i�-p 12� ie�ct,or •<M.- - 784833 .4, Li2 i/: �j :l f n C'i YL�41JL L!X?l^ ^!'4� cS''i i2.l f' (y�{% . 5�,-�d2-`✓ ce— -32 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That, the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSIONAFFIDAVIT TO BE EXECUTED BY BIDDER D SUBMITTED WITH I.; (1- State of California ss. County of Orange WILLIAM B. DAVENPORT, CFO , being first duly sworn, deposes and says that he ;3'r a is \1. P. ,Sew. /T-f ea S- of K®C INC. dba ®YNALECTRIC the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. K®C INC. dba Name of Bi Signarre of Bidder WILLIAM B. DAVENPORT, Cf0 - V. P, Sec ./Treus. yy(oa Co(potcAe Curve-r 6P-iie- 1-os A l a Yv\ i tD s Address of Bidder Subscribed and sworn to before me this da of 20 (&EE A� TTP�C. bt-� S(,t p-A — NOTARY PUBLIC C-4 NOTARY SEAL CALIFORNIA JURAT WITH AFFIANT STATEMENT '�i See Attached Document (Notary to cross out lines 1-6 below) Ei See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 State of California County of Orange ELA1NE L. HOYUELA Commission # 1678214 ibmy Notary Public - California z D Orange County Comm. Expires Jun 27, 2010 Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this 22nd_ day of July 20 08 1 by Date Month Year (1) William B. Davenport, V.P. - Sec./ Treas. Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (and -- Idame.aSi , p�ued�to me on the basis of satisfactory --evidence to be the person who appeared before me.) Signature -�-- Signature of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent o c n EMO fraudulent removal and reattachment of this forrrl to another document. Top of thumb here Top of thumb here Further Description of Any Attached Document Title or Type of Document: NonCollusion Affidavit Document Date: _July 22nd, 2008 Number of Pages: Signer(s) Other Than Named Above:. None 02007 National Notary Assoda11on • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 • www.Nattona[Notary.org Item #5910 Reorder: Call Toll -Free 1-800-876-6827 Jurat 08 NonCol 1 pg.max UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY -OF HUNTINGTON-BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that -in the performance of the work specified in the contract, known as the Traffic Signal Modifications at Center & One Pacific Plaza and Springdale & Heil (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in -proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all ,such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. n� Date: �Jul�j 2a �tS�g KDC INC. dba Contractor By WIWAM B. Off , CFO P SEA./ As . Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes )(No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date:��lt.�lj �a�& KDC INC. dbe DYNALECTRIC Contractor By ' "WAM EL—DA , CFO Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: L.V11 L1"%, LVl \].P.,S��./i���s. Title Date: `J L J H aolnd�� Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: KDC INC. dbe DVNALECTRIC Bidder Name � q (o a Cof pofcje LeAw bF i 2 Business Address Los Al qO-7 a City, State Zip (`old 7000 Telephone Number 5501T1) A,' >, CID, C-9 , C31 , CLI State Contractor's License No. and Class l 8)-/ 0 (0/ 1 C1 S K Original Date Issued Ia)3� / ODD c� Expiration Date The work site was inspected by Iy ick kob4uts of our office on Sl-J 20C The following are persons, firms, and corporations having a principal interest in this proposal: KDC INC. dbe DVNALECTRIC — Cofporcc+l'oY1 Chris Pesavexvtn - Presaderkt wiffiom '>. Daje.rPot-t — J•P.,Sec/Treas. C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform; the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder MLLIAM B. WiIIiciyy-\ E- 17gvenQorfi Printed or Typed Signature Subscribed and sworn to before me this _ day of , 200_ . CSC 771Pl CA-+ c fD kRAT NOTARY PUBLIC 0 v• P.i SEC •/TiZE WS. NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years:. 1. N hc�l1 lard C "dFaf" r\C4 CO. vCUeev\-C 4 CL c.�G`� q a�Ss Name and Address of Public Agency Name and Telephone No. of Project Manager: mar �C �C � j IMOLAr1 (lob) a5d5-�i01-, ev Co�me�ee�etee.45a5 OOp�a n� �AN. au0''1 Contract Amount Type of Work Date Completed 110 I S" ,FTA E!II Name and Address of Public Agency AU e . , Si`WVXI Lei I I ,CIA 9 0-755- Name and Telephone No. of Project Manager: Qw'G(V QO 4395, 091 Tf'affi C SiAvYAA sn- 01L) Contract Amount Type of Work r-Lk of Cat ► for r'i ex- 3 . �YG(1(�5 — 'Dept. of Tra visom tr,o Name and Address of Public Agency �- 'SEC. • 200 (o Date Completed Iy�a0 CatMer-'il c P. d . WO(WalK X$N 9D&SO Name and Telephone No. of Project Manager: �e�6r1G�f O� ►� OV�ZB (J2) 92-10 • W& 3-7 Tw:'• Cptrol �u� • c� Contract Amount Type of W Date Completed C-10 EXSee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s), not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) State of California County of Orange ELAINE L. HOYUELA @,My Commission # 1678214 Notary Public - California Orange County j Wmw — — — — Comm. Expires Jun 27, 2010 Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 22nd day of July 2008 by Date Month Year (1) William B. Davenport, V.P. - Secd Treas. Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (and �r o me on the basis off' o evidence to be the person who appeared before me.) Signature G X 64— Signature of Notary Public 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 Further Description of Any Attached Document Tale or Type of Document: Bidder's Information C-10 Document Date: July 22nd, 2008 Number of Pages: _ 1 Signer(s) Other Than Named Above: None 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.Nationa[Notary.org Item #5910 Reorder: Call Toll -Free 1-800-876-6627 Jurat 08 Bidders Info.max AIA Document A31O Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE _Dynalectric 4462 Corporate Center Drive, Los Alamitos, CA 90720 as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America 343 Thornall Street, 5th Floor, Edison, NJ 08837 a corporation duly organized under the laws of the State of CT as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Traffic Signal Modifications at Center Ave. & One Pacific Plaza and Springdale St. and Heil Ave. CC No. 1322 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 3rd (Witness) day of ,�"Or'Pfo cA HA#TFORO, 2008 (Prin �/ (Seal) By: ALLM B. , CM — y`� . •,�*C/Tffos. (Title) Travelers Casualty and Surety Company of America (Surety) (Seal) AIA DOCUMENT A310 ® BID BOND ® AIA ® FEBRUARY 1970 ED. ® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 (Tale) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMEAT State of California County of Orange On July 22nd, 2008 before me, Elaine L. Hoyuela, Notary Public Date Here Insert Name and Title of the officer personally appeared William B. Davenport Name(s) of Signer(s) ELAINE L. NOYUELA Commission # 1678214 i .m Notary Public - California Orange County My Comm. Expires Jun 27, 2010 who proved to me on the basis of satisfactory evidence to be the person0g) whose name) is/aA subscribed to the within instrument and acknowledged to me that he/sW/th!Ky executed the same in his/her/their authorized capacity(o), and that by his/her/tWr signature(t) on the instrument. the personi4), or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature G� Place Notary Seal Move �9 / Signature of Notaryt Od::�' PTIafJNAL 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: July 3rd, 2008 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Rita Sagistano Signer's Name: __ William B. Davenport El Individual ryl Corporate Officer — Title(s): V.P., Sec./ Treas. ❑ Partner — CI Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: KDC Inc. dba Dynalectric RIGHTTHUMBPRINT`. tOFSIONER Number of Pages: Sl is Name:— L': Indivi ❑ Corporate er — Title(s): ❑ Partner — J Limi ❑ Ger ❑ Attorney in Fact ❑ Trustee ❑ Guardian or C servator Other: Signer Is Representing: 02007 National Notary Association- 9350 De Soto Ave.. P.O. Box 2402 •Chatsworth; CA 91313-2402 • www.NationalNotaryorg Item M5907 Reorder: Call Toll -Free 1-800-876-6827 Bidder's Bond.max WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ®/� AMIAk 1 POWER OF ATTORNEY TRAVELERS" Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 219656 Certificate No. 0 ®2 3 5 5 7 2 mot' KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Thomas Bean, Rita Sagistano, Gerard S. Macholz, Susan Lupski, Robert T. Pearson, Mary Alice J. Corbett, and Camille Maitland of the City of Garden City , State of New York , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their _business of,guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perrnttedvin any actions or pYceedings allowed by law. 18th IN WITNESS WHEREOF, the Cna0n0i8s have caused this instrutnQn4 to be gigned:and thgir corporate seals to be hereto affixed, this February day of _ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty ;<'usurance Company, ' St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company e�SU� � susr7y �.ar�E�0.E 6;M1 r < J a ��N IMy.G �'p� Ir MSVggv.; Jp�Tr ANps lfTYY"'.(J ,, t982 0 <Z �9/! �927 yy .F _._ .ems a HARTFORD, < J'twxirwu;, iT < tl SEAL 'gygt,�5' a '� 1951 Irr z3 �.,.'oi s;SEAL:'a �,�o..,/ �,,�}• 'Z"'csu State of Connecticut City of Hartford ss. By- /Georg6 Thompson, enior 'ice President 18th February 2008 On this the day of before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June. 2011. ¢t pr Marie C_ Tetreault, Notary Public 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER State of New York County of Nassau On July 3, 2008 before me, Camille Maitland, Notary Public, personally appeared Rita Sagistano, Attorney -in -Fact of `travelers Casualty And Surety Company of America personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CAMILLE MAITLAND NOTARY PUBLIC, STATE OF NEW YORK NO.01 MA6006044 QUALIFIED IN KINGS COUNTY COMMISSION EXPIRES APRIL 20, 2 / �' CASH 4 MESTED CASH BONDS 'STOCK INCOME DUE AND ACCRUED PREMIUMBALANcEt NET DEn3*ED TAX ASSET kEwSmAkot-RECOVERABLE. .OTHER ASS E 7s TOTAL ASSETS STATE OF CONNECTICUT COUNTY OF HARTFORD )SS. CITY :OFHARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFOAM, CONNECTICUT 06183 FINANCIAL. STATEMENT AS OF DECEMBER.31,2067 CAPITAL STOCK $6.000,(= 14.3W,047 Q23) W4 198.667,502 43,369,888 7Al%lQ2 3,744-46,2 $3,555:971,086 CAPITAL STOCK PAID IN SURPLUS OTHER SURPLUS TOTAL SURPLUS TO PWCYHOLDMS TOTAL LIABILITIES &SURPLUS R,0THERS LAWRENCE A. SIUTA, BEING DULY SWORN, SAYS THAT HE IS CHIEF FINANCIAL OFFICER - TRAVELERS BOND & FINANCIAL PRODUCTS, OF TRAvELERs CASUALTY AND :SURETY COMPANY OF AMERICA AND THAT TOTHEBEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL coNDmo.N OF SAID COMPANY AS OF THE 31st DAY OF DECEMBER. 2007. SUBSCRIBED AND SWORN TO BEFORE ME THIS 1 ith DAY OF MARCH, 2OW MWE 83OA96 162 907,184,268 34,0641.8m lk*46i.1 34.494AS 123307,214 27,676;126 %'MM 34.3A= 58732;804 2301a '.G% 8,740,193 SA81.663 141.704; .6,000,000 303;297.402 galm's" 7$ �9171 �ow CHIEF BOND & FINANCIAL PRODUCTS afflimm W-Ul NIA R IF C'. TFTR V=A J L T Ivokirl, public fl 1""3f 2fill City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 6, 2008 Macadee Electrical Construction 4755 Lanier Road Chino, CA 91710 RE: CC-1322 — Traffic Signal Modifications (Springdale & Heil, Center & One Pacific Plaza) Enclosed please find your original bid bond for CC-1322. Sincerely, 3 Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister New Zealand (Telephone: 714-536-5227 ) -btALtD BID" for Traffic Signal Modifications at Center & One Pacific Plaza and Springdale & Heil in the City of Huntington Beach - 00 NOT OPEN WITH REGULAR MAIL July 22, 2008 @ 2:30 P.M. MACADEE ELECTRICAL CONSTRUCTION 4755 LANIER ROAD CHINO, CALIFORNIA 91710 TO CITY OF HUNTINGTON BEACH CITY CLERK, SECOND FLOOR 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 3 2000 JUL 22 FI 2: 02 SECTION C PROPOSAL for the Traffic Signal Modifications at Center & One Pacific Plaza and Springdale & Heil CC No.1322 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE ........... ..... .. ... ....... .... TWift ..................................................... ................................. ......... . . . . . . . ....... It ::a!�o ty ,.... _......_<::.::: ;.. . .: 1Ctem::Wtth:Cliiit Price 1'S'ritCen:�d t'VordS ?UMif:Pi i e : %::: %:Ext ded A nt Traffic Signal at Center Avenue and One CC-1322 Pacific Plaza 1 1 LS Mobilization @ ONE THOUSAND DOLLARS AND 00/100 $ 1,000.00 $ 1,000.00 Per LS 2 1 LS Traffic Control (� ONE THOUSAND DOLLARS AND 00/100 $ 1,000.00 $ 1,000.00 Per LS 3 1 LS Signing and Striping @ FIVE THOUSAND DOLLARS AND $ 5,000.00 $ 5,000.00 00/100 Per LS 4 1 LS Modify Traffic Signal at Center Ave.&One Pacific Plaza @ FIFTEEN THOUSAND SEVEN HUNDRED $ 15,749.00 $ 15,749.00 FORTY-NINE DOLLARS AND 00/100 Per LS Subtotal - Traffic Signal Modification for Center Ave. and One Pacific Plaza $ 22,749.00 Estirttated :Item .::No- :.Quaa�tity:: .. : , : tte�rt::With Unit Pace Written to Wivrds. alntt Price .x. : ,ExtendW Amuunt:: Traffic Signal at Springdale St. and Neil CC-1322 Ave. 1 1 LS Mobilization @ THREE THOUSAND DOLLARS AND $ 3,000.00 $ 3,000.00 00/100 Per LS 2 1 LS Traffic Control @ ONE THOUSAND DOLLARS AND 00/100 $1,000.00 $ 1,000.00 Per LS C-2.1 •.::.. ..•........ . sf ate :::::::::::::::::::: .: : :::: ::::::::: ::::::::::.::: ::..............:::::::::::::::::::::::::::::::::::: Ttelxi:::.1�1ti::: ti n�Fty: < iteiri WitLt iJntt.Price Writti n:tn:Wards . ......• Tc:.rice ::< :: �Tti .. ............ nst d. Auto t . ..1[;ict ... t . . 4 1 LS Signing and Striping @ FIVE HUNDRED DOLLARS AND $ 500.00 $ 500.00 00/100 Per LS 5 1 LS Modify Traffic Signal at Springdale St, and Heil Ave. @ NINETY-FIVE THOUSAND SIX HUNDRED $ 95,697.00 $ 95,697.00 NINETY-SEVEN DOLLARS AND 00/100 Per LS 6 4 EA Construct Curb ramp including adjacent gutter plate per Caltrans Std. Plan A88A Case C. q� FIVE THOUSAND DOLLARS AND 00/100 5,000.00 $ $ 20,000.00 Per EA Subtotal - Traffic Signal Modification at Springdale St. and Heil Ave. $ 120,197.00 Subtotal - Traffic Signal Modification at Center Ave. and One Pacific Plaza $ 22,749.00 Subtotal - Traffic Signal Modification at Sprindale St. and Heil Ave. $ 120 197.00 Total Amount Bid $ 142,946.00 otal Amount Bid in Words: ONE HUNDRED FORTY-TWO THOUSAND NINE HUNDRED FORTY-SIX DOLLARS AND 001100 Note: The City will provide the traffic signal controller and service cabinet, all poles, mast arems, luminairies, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advace for pick up at (714 375-5015. C-2.1 execuung the requires conLraut auu iuu g uiv uvt.caaa►y vv,i.,a �...., ,...........,..,, ........_ ._.._ 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidder's Bond in the amount of $ 10% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: AddendaNo. Dade Received Bidder's S natrtre C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class o Work Number ORANGE COUNTY STRIPING 346095 C-32 4% 183 PIXLEY ST, ORANGE, CA 92868 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOI. LUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Qi&qV San Bernardino Kevin McCarthy being first duly sworn, deposes and says that he or she is Secretary of Macadee Electrical Construction, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Macadee Electrical Construction, Inc. Name of Bidder An�:l S' at of Bidder Kevin McCarthy 4755 Lanier Rd. Chino, CA 91710 Address of Bidder Subscribed and sworn to before me this 27th day of June 920 08 . NOTARY PUBLIC *****SEE ATTACHED***** C-4 NOTARY SEAL . ��° ACKNOWLEDGMENT CERTIFICATE State of California County of San Bernardino On 27th June 2008 before me, Margarita Arroyo, Notary Public personally appeared Kevin Robert McCarthy proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. M RGARRA ARROYO WITNESS my hand and official seal. Commie 1604e61 iblMy Notary Public - California Son Bernardino County �Co�mm. Expires Sep S, 2009 Signature — Notary PublioK ADDITIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Document title or description: Non Collusion Affidavit Document Pages: I Document Date: 27th June 2008 Page C-4 CAPACITY CLAIMED BY THE SIGNER Corporate Officer Title: Secretary Provided courtesy of Traveling Professionals Notaries I www.needAnotary.net UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY -OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Traffic Signal Modifications at Center & One Pacific Plaza and Springdale & Heil (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. June 27, 2008 Date: C-5 Macadee Electrical Construction, Inc. Contractor Kevin cCarthy Secretary; Operations Manager Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes X-9 No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERT'IFICAT'E Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: June 27, 2008 C-7 Macadee Electrical Construction, Inc. Contractor Byr Kevin McCarthy Secretary Operations Manager Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Macadee Electrical Construction, Inc. Contractor LIM Title Date: June 27,2008 ; Operations Manager Note: This form is required for every Dig Alert Identification Number issued by USA. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Macadee Electrical Construction, Inc. Bidder Name 4755 Lanier Rd. Business Address Chino, CA 91710 City, State Zip 909 627-1336 Telephone Number 583125 C-10 State Contractor's License No. and Class 12/28/1989 Original Date Issued 12/31 /2009 Expiration Date The work site was inspected by Kevin McCarthy of our office on June 26 2008 The following are persons, firms, and corporations having a principal interest in this proposal: Macadee Electrical Construction, Inc. John McCarthy - President Debbie McCarthy - Vice President Kevin McCarthy - Secretary; Operations Manager C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform: the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Macadee Electrical Construction. Inc. Company Name Signature of Kevin McCart* - Secretary; Operations Manager Printed or Typed Signature Subscribed and swom to before me this 27th day of June , 2008. NOTARY PUBLIC """""SEE ATTACHED'" NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: City of San Dimas 245 E Bonita Avenue in San Dimas, CA 91773 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: John Campbell (909) 394-6270 $279,459 Radar Feedback Signs at Various Locations Project 2007-07 12/2007 Contract Amount Type of Work 2 City of Cypress 5275 Orange Avenue in Cypress, CA 90630 Name and Address of Public Agency 3 Name and Telephone No. of Project Manager: Keith Carter (714) 229-6741 $58,878 Traffic Signal Installation Project 2006-29 Contract Amount Type of Work County of Ventura 800 South Victoria Avenue in Ventura, CA 93009-1670 Name and Address of Public Agency Name and Telephone No. of Project Manager: Richard Herrera (805) 654-2018 Date Completed 09/2007 Date Completed $34,600 Traffic Signal Improvements Project 50432 09/2007 Contract Amount Type of Work Date Completed C-10 ALL-PURPOSE ACKNOWLEDGMENT CERTIFICATE State of California County of San Bernardino On 27th June 2008 before me, Margarita Arroyo, Notary Public personally appeared Kevin Robert McCarthy proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CJ Siginstdr6tiMrary P&is nn—M—W! ARROYO ' Commis�on # 1604b61 e Notary Public - Cahfomio r _` ,- San Bernardino County nny Comm. Expires Sep 5.2009 (seal) ADDITIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Document title or description: City of Huntington Beach Project CC No 1322 Document Pages: I Document Date: 27th June 2008 Page C-10 CAPACITY CLAIMED BY THE SIGNER Corporate Officer Title: Secretary Provided courtesy of Traveling Professionals Notaries I www.needAnotary.net ebidxoard 1.800.4795 7/3/2008 6:15 PAGE 001/001 Fax Server Date: 7/3/ 2 )08 2:40:28 PM From: City of Huntington Beach RE: Traffic Signal Modifications at Springdale & Heil and at Center & One Pacific Plaza - Project Modificatic n issued To: KEVIr MCCARTHY - MACADEE ELECTRICAL, CONSTRUCTION Fax:(909) M-3772 Phone: (90 )) 627-1336 Project Information: Project Nar ie: Traffic Signal Modifications at. Springdale & Heil and at. Center & One Pacific I'laza. Project\Coi tract t4: CC 1322 Location: Bid due dal 2 and time was changed from 7/22/2008 2:--00:00 PM to 7/22/2008 2:30 PM 9-3 -n'g GREAT AMERICAN INSURANCE COMPANY OHIO i• • No. BID BOND Approved by The American histitute of Architects, A.I.A. Document No. A310 February, 1970 Fdition KNOW ALL MEN BY THESE PRESENTS: that we Macadee Electrical Construction as Principal, hereinafter called Principal, and GREAT AMERICAN INSURANCE COMPANY, a corporation duly organized under the laws of the State ofohio, with Administrative Offices at 580 Walnut Street, Cincinnati, Ohio 45202, as Surety, hereinafter called the Surety, are held firmly bound unto _City of Huntington as Obligee, hereinafter called Obligee, in the sum of Ten percent of amount of bid Dollars ($ 1 0% ) For the payment of which sum well and truly to be made, and the said Principal and the said Surety, bind out -selves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted abid for Traffic Signal Modifications at Center & One Pacific Plaza and Springdale & Heil. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another Party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 1 St day of July 2008 In the presence of Macadee Electrical Construction (Principal) (Seal) By. k SECRETA file KEVIN MCCARTHY GR T AMERICAN INSURANCE COMPANY (Seal) (Surety) By;._.. Susan C. Monteon (Attontey-in-Fact) . Bid Bond F9630a CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino On July 1, 2008 before me, Pamela McCarthy, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Susan C. Monteon Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person ff acted, executed the instrument. ;t359202 2 1 certify under PENALTY OF PERJURY under the laws of C 'FOPMA�t the State of California that the foregoing paragraph is Ot3NT! r Y r true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Individual O Corporate Officer Title 0 Partner -- O Limited 0 General I] Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET ® CINCINNATI, OHIO 45202 ® 513-369-5000 ® FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No. 0 14463 POWER OF ATTORNEY KNOW ALL IMEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, acorporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorn ey i n- fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the lirrit stated below. Name Address Limit of Power JAY P. FREEMAN ALL OF ALL PAMELA McCARTHY ONTARIO, $75,000,000.00 SUSAN C. MONTEON CALIFORNIA FRANCES LEFLER This Power of Attorney revokes all previous powers issued in behalf of the attomey(s}in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixedthis 4" day of, MARCH , 2008. Attest STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVID C. KITCHIN (513-369-3811) On this T' day of MARCH , 2008, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, die Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED. That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority,- and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. FIA YES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions ofthe Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 1s!i- dayof, 9, o'L.OQR- S 1029T (11,101) City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK October 6, 2008 PTM General Engineering Services, Inc. 5942 Acorn Street Riverside, CA 92504 RE: CC-1322 — Traffic Signal Modifications (Springdale & Heil, Center & One Pacific Plaza) Enclosed please find your original bid bond for CC-1322. Sincerely, LL�c Joan L. Flynn, CMC City Clerk JF:pe Enclosure Sister Ci���0/�'H�f�a��`�4fet"U`�°a`I, New Zealand i Telephone: 714-536-5227 ► BidderPTM General Engineering Services, Inc. 5942 Acorn Street Riverside, Ca 92504 951.710,1000 To: City of Huntington Beach Attn: City Clerk 2000 Main St. Z!' Floor Huntington Beach, CA 92648 Date of Bid.- Tuesday, July 22, 2008 Time of Bid.- 230p, m. CC No. 1322 Project Desc: Traffic Signal Modifications at Center & One Pacific Plaza and Springdale & Heil BID ENCLOSED - DO NOT OPEN WITH REGULAR MAIL 0 SECTION C for the Traffic Signal Modifications at Center & One Pacific Plaza and Springdale & Heil CC No. 1322 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the man ier and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 .... >:: e� E Rat d . ......... ................ ............... ..... .. Tferii>.:1�10::: ii`b l Q..a t. tY. ::: ::_::::Item :WitlisUnit price..ritten in: �C'ords ...... : Unit:ft :> : ......... i ice.... Ex` hd d:�imou:nt: le... e........... . Traffic Signal at Center Avenue and One CC-1322 Pacific Plaza 1 1 LS Mobilization @ S / $ bOU $ ba Per LS 2 1 LS Traffic Control $ �Oo $ 6 .6 Per LS 3 1 LS Signing and Striping /l p `.f 0 n $ D U $ 7 6 C, Per LS 4 1 LS Modify Traffic Signal at Center Ave.&One Pacific Plaza @ r 4 Per LS Subtotal - Traffic Signal Modification for Center Ave. and One Pacific Plaza $ a Ll C) U .... .................... -------- ... ... .. ............... ... ... ....... . . ........... )<te ;:.1�{0 :Qr�a:ntit ............. ....... .. ........ . .. ...... ... Itertt. With:.V t.Price Written zn Words :.: ... .... I.I.- . Lint Price ..... . . .. ...... Extended.Amuurit-. Traffic Signal at Springdale St. and Heil - CC-1322 Ave. 1 1 LS Mobilizal L P D Z, $ < L) d Per LS 2 1 LS Traffic Control Per LS C-2.1 I .........................................................................I. ................................................................................................................................ :)usiirriated: •.•.•.•.:• ..................................................... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::.:.::::::::::::::::::::::::::::::::: ...•..;. ....•. X� !>i: >:1'�Io .•.•.• ... :': Gantit .: ....:: :: .•.•item. V itii l<Tnrt.' 'rice Written.rn: Voids :. .... .: i711tt.IPrrC ...:: ? . tfe4cied. #>ttvtt:d# 4 1 LS Signing a d Striping @gipImo e- $ ���p� a- Per LS 5 1 LS Modify Traffic Signal at Springdale St. and Heil Ave. Per LS 6 4 EA Construct Curb ramp including adjacent gutter plate per Caltrans Std. Plan A88A Case C. @ ���f r�,Gsa�� C - q e, r i. -< Per EA ;ubtotal - Traffic Signal Modification at Springdale St. and Heil Ave. $ I 7 U b Subtotal - Traffic Signal Modification at Center Ave. and One Pacific Plaza Subtotal - Traffic Signal Modification at Sprindale St. and Heil Ave. Total Amount Bid $ 5'� UU $ v�• "aa Total Amount Bid in Words: 4- Note: The City will provide the traffic signal controller and service cabinet, all poles, mast arems, luminairies, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advace for pick up at (714 375-5015. c-2.1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and. this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bid Bond in the amount of $ 10 ° which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. C-2 1 LIST OF SUBCONTRACTORS - In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Fo on Name and Address of Subcontractor State License Class rk Number i I i i I I By submission of this proposal,) the Bidder certifies: 1. That he is able to and (will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 _ NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. Riverside County of CIS Brian Mendoza I , being first duly sworn, deposes and says that he or she is Vice President/Secretary OPTM General Eng. Svcs, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. PTM General Engineering Services, Inc. Name of Bidder )QD Signature of Bidder Brian Mendoza Vice President/Secretary 5942 Acorn St. Riverside, CA 92504 Address of Bidder Subscribed and sworn to before me this 22nd day of July 20 08 NOTARY PUBLIC Efizabeth 14 M.McRae W ELIZABETH H.M. MCRAE N Comm.# 16e6768 NOTARY PUBLIC•CALIFORNIA U! RIVERSIDE COUNTY MY Comm. Exp. AUG. 1, 2010 NOTARYSBAL C-a UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY -OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: I i The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Traffic Signal Modifications at Center & One Pacific Plaza and Springdale & Heil (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor, or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 07/22/08 C-5 PTM General Engineering Services, Inc. Contrac or By Brian Mendoza Title Vice President/Secretary DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 3 No If the answer is yes, explain the circumstances in the space provided. UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Nuri PTM General Engineering Services, Inc. Contractor 4 By Brian Mendoza Vice President/Secretary Title Date: 07/22/08 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 COMPI Pursuant to Section 1861 contract has been awarded I am aware of the employer to be in,.; insurance in accor provisions before c Date: 07/22/08 ,ATI®N INSURANCE CERTIFICATE the State Labor Code, each contractor to whom a public works 11 sign the following certificate. visions of Section 3700 of the Labor Code which require every i against liability for worker's compensation or to undertake self- -e with the provisions of that code, and I will comply with such nencing the performance of the work of this contract. C-7 PTM General Engineering Services, Inc. Contractor BY Brian Mendoza Vice President/Secretary Title Traffic Signal Mod TO THE HONORABI HUNTINGTON BEACH: SECTION C PROPOSAL for the at Center & One Pacific Plaza and Springdale & Heil CC No.1322 in the CITY OF HUNTINGTON BEACH MAYOR AND MEMBERS OF THE COUNCIL OF In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary, therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. PTM General Engineering Services, Inc. Contractor A, By Brian Mendoza Vice President/Secretary Title Date: 07/22/08 C-7 (To be No excavation will be perm Section 4216/4217 of the G before a Permit to Excavate To obtain a Dig Alert Ident a minimum of two working Dig Alert Identification N Date: 07/22/08 DERGROUND SERVICE ALERT IDENTIFICATION NUMBER A only by the awarded Contractor prior to excavation) until this form is completed and returned to the AGENCY. unent Code requires a Dig Alert Identification Number be issued be valid. ion Number, call Underground Service Alert at 1-800-422-4133 before scheduled excavation. PTM General Engineering Services, Inc. Contra c r Brian Mendoza IM Vice President/Secretary Title Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: PTMIGeneral Engineering Services, Inc. Bidder; Name Business Address Riverside, CA 92504 City, I State Zip 951.Y10.1000 Telephone Number 891265 Class A; C10; C31 State Contractor's License No. and Class 02/21007 Originals Date Issued 02/2009 Date The work site was inspected by Brian Mendoza of our office on 0 7 / 21 , 20 08 The following are persons, firms, and corporations having a principal interest in this proposal: Elizabeth H.Mendoza de McRae, President/CFO 595 South os coyotes Dr. aheim Hills, CA 92807 Brian Mendoza, Vice President/Secretary 11080 Kay Jay St. Riverside, CA 92503 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform; the contract for the proposed work and improvements in accordance with the plans and specifications set forth. PTM General Engineering Services, Inc. of Bidder Brian Mr-nr7n7.a, Vice PrPRl(JPnt./SPrretar)z Printed or Typed Signaddture Subscribed and sworn to before me this 22nday ofJuly , 200 e . NOTARY PUBLIC El\�abeth H. M. McRae ELIZABETH H.M. MCRAE COMM.# 1686768 t^ NOTARY PUBLIC-CALIFORNIA MERSIDE COUNTY MY Comm. Exp. AUG. 7. 2010 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: l UC Riverside 3615A Canyon Country Dr. Riverside, CA 92507 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mr. George McMullin 951.827.4201 279200.00 UCR Lighting In Progress Contract Amount Type of Work Date Completed 2. Santa Clarita Community College 17262 Sierra Hwy Canyon Country Name and Address of Public Agency Mr. Chris Padgett 661.424.0075 Name and Telephone No. of Project Manager: Lundgren Management 324238.00 Traffic Signal & Utilities In Progress Contract Amount Type of Work Date Completed 3 City of Hawthorne 4455 W. 126th St. Hawthorne, CA 90250 Name and Address of Public Agency Mr. Alan Leung 310.349.2997 Name and Telephone No. of Project Manager: 1 24, 4nn nn T4,iwt-hnrnP Rlvr7 Traffi r 4i anal Mod In Progress Contract Amount Type of Work_ Date Completed C-10 See Attached PTM General Engineering Services Inc., E��P rlcal installation; Fiber Optic; Dry/Wet Utilities; Concrete & "halt; Street improvements; Project Design & Development; - Public & Private Facsimile Transmittal December 17, 2007 To Oom It May Concern: PTM General Engineering Svcs, Inc, is In the process of translt&Wng ftfom Freeway Electric, ow: Q,j0046 by.Br617 -Mendoza, to a corporation in the StatQ afCa'fltlYfSf : PTNI is owg0�(hy a brother and sister who haveiclose to 20 years experience in the..Indu.!try. The purpose a -the transition is. o:...Obtain dbe, mbe, wbe status with the State of CalifoigItDept , of Transportation ar}d other agencies (Elizabeth owns 8045 and Brian owns.O,%). {. b. the name "PTM General Eng/neering Svcs, Inc, fits the scope bf otir work more than °merely "Freeway Electric` where it is often assumed we perform only electrical -,"installation, Both companies do electrical, dry/wet utilities, fiber optic, minor concrete, '-" IMsphalt, and project design, o- There are three companies In the state of Callfornla with the name "Freeway Electric. " One not related to us has a negative credit rating and assumed to be us when applying for credit. 0. : -PTM stands for Pddro j Torres Mendoza, father of both Brian and Elizabeth who planned ;to eventually change the name In memory of him. PT/ .W only one contract to', date on hand with Long Beach Community College as noted on the •Iferences. For this reason, we are including the resume on Brian Mendoza with refeni&es on his quality of work, knowledge, and experience. Sincer'e)y, PTM General Engineering Svc., Inc. Ellz4reffi H. Mendoza de McRae President/CFO Mailing Address: P.O. Box 7745 Riverside, CA 92513-7745 Physical Address: 5942 Acorn St, Riverside, CA 92504 Tel No.' 951,710.1000 Fax: 951,710.100612/18/20b712/18/2007 Undergrouno'- Projecf References Listed below are the name's, address, and telephone numbers for five public agencies for which Freeway Electric has performedslmilar work called out for In the plans and specs within the past two yeors, 1) City Temple City Contact. Mr..$teve Gortso 5938 Kauffman Ave. RKA Consulting Group Temple City, CA 91780 Tel.' 909.594.9702 Contract No. 4 Des-: : CP P05-06 Sereno Sewer System Improvements Completed: 12131106 Contract Amount: $249,900.00 2) Indio WaterAuthortty Contact: Mr. Dennis Weaver 100 Civic Center Drive Tel. 760.391.4140 Indio, CX 92201 Contract Na, dr Oesc:l Lateral Water Line Maintenance completed- 12/31/06 ControctArnount. $214,520.00 3) Watson d Associates Contact: Mr. Jim Swartz 101 Main St., Suite AI The Moote Group Seal Beoch, CA 9074D Te/. 714.751.5557 Contract No, d Doc; Tract 17699 Dry Utility RackBone at Campus Drive. Completed- 12131106, Contract Amount:$191,764.00 4) WorldDeve/opment i Contact: Mr, 6aryChronister 44-600 village Court Tek 949. 606, 3326 Palm Desert, CA 92260 i Contract No. 4 Dese: iTractNo, 28639-1 Underground Utilities InCatherdra/City Completed- 04/30/07; Contract Amount; $481,33700 Phase one of two. 5) City of South sate Contact.' Mr Art Cervantes 8650 California Ave. Tel' 323.563.5781 South Gate, CA 90280, Contract No: 360ST Underground Utility District 7 Completed• 04190107 Contract Amount.• $45,320.00 Phge k�V- 71 ..0 irax' 9* lYO.�4OQ t. License No. �'9o# GYa �s 4, 'ell 7 C31 Traffic Signal References City of Newport Beach Contact: Mr, Brad Sommers Contact No: 949, 644.3316 Contract best: #3827 T/S Upgrades on Balboa Blvd (3 traffic signals) $438, 000. 00 City of Be//flower Contact: Mr. Paul Zw ep Contact No: 562.804.1424 Contract Desc: Spec'04/05-03 T/S Mod @ Bellflower (2 traffic signals) $297,000.00 City of Indio Contact: Mr. Tam Brochard Contact No, 760,342.6900 Contract Desc: T50601 T/SModification at Madison (2 traffic signal mod,) $193, 000.00 City of Indio Contact: Mr, raime Engler Contact No: 760,342.6500 Con tract Desc: 7-50611, 7-50612, TS0613 T/5 Mad/fications at Parious L oc j (2 traffic signal modifica tions)$557,556. 00 City of Carson Contact,' Mr Richard !,Orland Contact No. 310-952.1700W 1615 Contract Desc: 1141 d 1918 Left turnPhases (2 traffic signalmod).$81,079.00 City of Arcadia Contact: Rafael or Ramiro Contact Not 626.974,5466 Desc: Traffic S al Modficatians-(2 traffic signal mod,) $80346.00 and $102, 274.00 City of Cypress Contact: Mr. Kamran Dadbeh Contact No: 714.229, 6750 Desc: Left turn modifications (4 traffic signol mod.) Contract: $193.563,00 Ammar, 610.0-le P. 0, -YOAF- 7749' t45 Pal- -q- ElectKoal Listed below are the names, address, and telephone numbers for five public agencies for which freeway Elec'!tric has performed similar work called out for in the plans and specs within the past two years. City of Indio Contact: Mr. Tom Brochard 100 Ovic Cen terl Drive. T-ek 760.342.6500 Indio, 64.9220f Contract No. 4 Oesc: 7-50601 7-15 modIfIcotions at Madison St. Completed., 11/0 1 6 Contract Amount: $193,00000 2) City of9--11f1owerAttn: Contact,, Mr, Pau/Zwlep 16600 Civic Center Drive Tel: 562.804.1424 Bellflower, CA 9.0706 Contract No. d De':.sc; Spec No. 04105-03 TISMod CzBellflower Blvd, eompleted., 01/0,- Contract Amount: $297000.00 3) Department of Transportation Contact: Mr. Toe Chadike i 1727301"Street Tel.-.951. 830,6821 Sacramento, 6-4.99816 Con tractAlo. d Desc., CDO T 06-OF4104 L ugonia Ave. Hig hway way L to. In Redlands Completed' 011071 Contract Amount: $130,000,00 4) City of Newport Reach Contact: Mr. Brad Sommers 3300 Newport Blvd 7-el; 94.9.644,33f6 Newport Beach, C.4 Contract No. 4 Deese; #3827 05-06 TIS Upgrades on Balboa Blvd Completed. ApproxO9107 Contract Amount: $438,000.00 Brian Mendoza 11080 Kay Jay St. + Riverside, CA 92503 +.951-712-5767 + Brian@tube-hlj.coin Obiective Chief Executive Officer and Supervisor of Outside Operations Qualification Summary • Supervisor of outside operations with over 18 years of experience; • Electrician with over 20 years of experience; • An effective communicator and team leader;' • Experienced in coordinating and executing large and fast -paced projects; i Personal Experience High Light Electric Inc. 10/1996-present Riverside, Ca • Chief Estimator (05/2005-present) o In charge of managing the estimating department and finalizing bid packages; o Coordinating the beginning phase of an awarded project between the company and agency or prime contractor; ■ Project submittals; ■ Contract review. o Successfully bid on projects totaling $12 million with an average spread of 6%; • Area Supervisor, (10/1996-05/2005) o Coordinated and managed 10 crews consisting of 6 members per team in the Southern California region; o Handled various sized projects ranging in size from $1,000 to $4.5 million dealing with dry utilities, wet utilities, traffic signals, and road improvements; • Please view attached document listing HLE projects. o Maintained coordination between High Light Electric Inc. and subcontractor, general contractor, and project owners; o In charge of handling project's administrative work; • Monthly progress estimates; • Project progress schedules; • Material requisitions; • Contract change order negotiations; ■ Equipment purchase and rentals. MBE Electric Inc. 10/1988'-10/1996 Riverside, Ca. 9 . Vice President and Head of Outside Operations (10/1988-10/1996) o Managed outside operations for all projects ranging in size from $1,000 to 2.5 million; • Headed an around the clock electrical crew and coordinated with CC M,eyes to repair the I-10 Santa Monica Freeway after it collapsed during the 1994 Northridge Earthquake to complete the fast paced project in 66 days ; Brian Mendoza 11080 Kay Jay St. + Riverside, CA 92503 + 951-712-5767 + Brian@mbe-hlj,com o Maintained coordination between MBE Electric Inc. and subcontractor, general contractor, and project owners; o Implemen'ted and enforced safety guidelines; o Handled administrative work; ■ Monthly progress estimates; ■ Material requisitions; ■ Contract change order negotiations; Vasco Corporation 10/1987-6/1998 San Fernando, Ca. • Foreman (Part-time) o Managed 'day to day operations of work crews and various projects ranging in size from $1,000 to $500,000 in Eastern Los Angeles County; ■ Traffic signals; ■ Street lighting; ■ Signal Interconnect; Raymor EIectric 6/1986-,10/1987 Rosemead, Ca. • Crew leader (Part-time) o In charge of work crew on projects ranging from $25,000 to $250,000 through out Los Angeles County; Work Skills • Capable of operating heavy equipment such as skip loaders, cranes, and backhoes; • Hands-on experience with hand tools and power tools; • Capable of overseeing fast -paced and high profile projects; • An effective communicator and leader; Education International Brotherhood of Electrical Workers • Conripleted training�icourse (1988-1989) in street lighting and traffic signal installations, code enforcement, and blue print reading. South Gate High School South Gate, Ca. • Received high school diploma in 1988, Professional Memberships • International Brotherhood of Electrical Workers (IBEW); • National Electrical Contractors Association (NECA). Accred� itatign • IBEW- Journeyrnan Wireman; CSLB- Electrical Contractor; Certified Trench Safety Coordinator, Professional and Personal References • Please view attached document titled Professional and Personal References, Brian Mendoza 11080 Kay Jay St. + Riverside, CA 92503 + 951-712-5767 + Brian@mbe-hlj.com Languages • English (Native); a Spanish (Fluent). Awards Receiv • Recipient of the U.S. Small Business "Young Entrepreneur of the Year" Award in 1996, nationally; • Recipient of the Certificate of Recognition by the City of Los Angeles for "Small Business," in 1997; A Recipient of the Certificate of Recognition by the City of Riverside for "Small _ Business," in 1997; • Recipient of the Certificate of Recognition by the State Assembly, Assemblyman Mr. Rod Pacheco, for the "Top 500 Inland Empire Small Business," in 1997; • Ranked among the "Top 500 Inland Empire Hispanic Owned Companies" since 1997; • Certification of Appreciation for our participation in the Rebuilding of the Aftermath of the Northridge Earthquake in 1994; • Certificate of appreciation for participation and maximization in the "Century Freeway Affirmative; Action," by CFAAC. Brian Mendoza 11080 Kay Jay St. + Riverside, CA 92503 + 951-712.5767 + Brian@mbe-hlj,com Professional and Personal References Caltrans Project #07-12�4U4 (Electrical contract amount is $4.5 million) Project completed in 2005'. -Description of project: Installation of traffic signals, ramp metering, sign illumination, highway lighting, fiber optic communication, and electrical irrigation along the 1-10 Freeway in Los Angeles County. o Doug Dawson= Project Manager for prime contractor, Balfour Beatty. Cell: (949) 232-3276 and Office: (909) 397-8040. o Patty Galvan- Resident Engineer. Office: (909) 594-4270. o Veronica Ross- Electrical Inspector. Cell: (714) 606-6311 City of Redlands Contract# 208300-7230/41008 (Electrical contract amount is $218,800) Project completed in 2003. -Description of project: Installation of traffic signals, modification of ramp metering, lighting and sign illumination. o Bill Heasley- Senior Civil Engineer- Office: (909-798-7586 ext. 2 o Juan Olvera- Project Manager for general contractor, H&H Construction- Cell: (951) 453-7712 and Office: (909) 473-7331. Caltrans Project# 08-4567V4 (Electrical contract amount is $938,238) Project completed in 2005. -Description of project: Installation of lighting system along the I-15 Freeway in San Bernardino County. o Gary Vogel- Project Manager for prime contractor, Granite Construction. Cell: (661) 549-3953 and Office: (661) 726-4447 Sanbag Projects Segment 1,2,3, early segment 9, Segment 9, and Alder Ave, (Total electrical contract amount was $3.2 million) Projects completed in 2004. -Description of projects: Installation of traffic signals, ramp metering, sign illumination, highway lighting, fiber optic communication, and electrical irrigation along the I-10 Freeway in San Bernardino ;County. o Harold Lands- Sanbag Contract Manager- Cell: (760) 802-7730 and Office: (909) 875-8029 ext. 213 o Tim Hasable- Caltrans Inspector- Cell: (951) 712-0021 o Al Ortega- Project manager for prime contractor, Yeager Skanska- Cell: (714) 240-5333 Brian Mendoza 11080 Kay Jay St. + Riverside, CA 92503 + 951-712-5767 + Brian@mbe-Q,com City of Indio Project# 8,,,T0137 (Electrical contract amount was $1.4 million) Projects completed in 2005. -Description of project: Installation of street lighting system, traffic signals, electrical irrigation, and dry utilities. o Gary Baxter -Area manager for prime. contractor, Yeager Skanska Construction- Cell: (909) 721-9749 and Office: (760) 343-5472 o Tommy Young -Project Manager for prime contractor- Cell: (951) 232-918 and Office: (760) 343-5472 o Mehran Sepehrl-City Engineer- Cell: (760) 250-2201 Additional Professional References: o Zale Harris- Caltrans inspector- Cell: (951) 289-0047 o Ray Robles- Caltrans area supervisor- Cell: (909) 799-0646 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond BOND # N/A KNOW ALL MEN BY THESE PRESENTS, that we PTM GENERAL ENGINEERING SERVICES, INC. 5942 ACORN STREET RIVERSIDE, CA 92504 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY 500 NORTH BRAND BLVD., STE. 1120 GLENDALE, CA 91203 (Here insert full name ,and address or legal title of Surety) a corporation duly organized under the laws of the State of IOWA as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 (Here insert full name ,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of TEN AND 00/100 PERCENT of attached bid ----------------------------------- ------ Dollars ($ 10 oho � for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for TRAFFIC SIGNAL MODIFICATION AT THE INTERSECTION OF CENTER & ONE PACIFIC PLAZA AND SPRINGDALE & HEIL; CC NO. 1322 (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 21st day of July 2008 (Witness) (Witness) AIA DOCUMENT A310 BID BOND AIA O FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 State of California County of ORANGE On July 21, 2008 before me, JENNIFER C. GIBONEY, NOTARY PUBLIC (insert name and title of the officer) personally appeared YUNG T. MULUCK who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �S�Fr. JENNIFER C. GIBONEY WITNESS my hand and official seal. � n`� COMM, # 1797064 � NOTARY PUBLIC-CALIF0f6 A ORANGE COUNTY MyCwr.EOres MAY Z. YJ12 Signature (Seal) POWER OF ATTORNEY FOR DEVELOPERS SURETYAND INDEMNITY COMPANY INDEa Wff COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92fi23 (90) 253,W KNOWALL MEN BY THESE PRESENTS, thdYHsexcebt as expressly Iimced, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, haute and appoint: ; ***Yung T. Mu#tick, James W. Moilanen; Jennifer Giboney, Frances Lefler, jointly or severally*** as their true and lawhd Attomey{s)-lit-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations. as sureties, bonds, undertafts and contracts of -surety- ship giving and gw*V undo said Attonrey(sWad fog power and authority to do and to perform every act necessary, requisite or proper to be done in won therewith as each of said eorporadias could do, but reserving to each of said corporations hli power of subsSdrUon and revocation, and all of the acts of said Attorney(sRi-Fad, pursuant to these presents, are hereby rabf+ed and conformed. This Pourer ofAthxney is granted and is sited by tacsintite under and by authority, of the following resolutions adopted by the respectve Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, eAledive as of January 1st 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be. and that each of them hereby is, authorized to execute Powers of Attorney, qualifft the aliomhey(s) named an the Powers of Attorney to execute, our behalf of the corporations, bonds, undertakings and contracts of suretyship, and that the Secretary or any Assistant Secretary of the corponAbons be, and each of thern hereby is, authorized to attest the execution of any such Power of Aftanay; RESOLVED. FURTHER, that to signceues of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by fammile, and any such Power of Attorney or certificate bearm such tacsirmle *%t ures shalt be valid and binding upon the corporations when so affixed and in the future with respect to any bond, u+xdettakinfl or contract of suretyship to which tt is attached. IN WITNESS WHEREOF, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMMTY COMPANY OF CALIFORNIA have severally caused these presents to be by their respective Vice President and attested by t ektaspective Assistant Secretary this January tst 2008. Stepheih T. Pats, Senor Vice Secretary State of California County of Orange On January tsL 2008 trefore me, Christopher J, Roach, Notary Public Date Hera Insert Name avhdTitle of the Officer pehsonally appeared Stephen T. Pate and Charles L. Day Name(s) Of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) Ware subscribed to the within kisbument and acknowledged to me that hehhehhey executed the same In taffi tok authorized t capaaty(m), and that by Wield Wr sipature(s) on the insbkanent the person(s), or the entity upon behalf of which the person(s) acted, executed the irstrunere. f i certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and coxs a s WITNESS my hand and oifi seal. Place Notary Seal Above Signature ChristWr . Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hey cextfy that the foregoing Power of Atrnnpp remalrs in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporstions set forth in the Power of Attorney. are in fora as of the date of this Certificate. This Certificate is execAed m the City of rme, Caifomia, the 21 day of JULY 2000 State of California County of Riverside On © i/ZZ/C� ACKNOWLEDGMENT t. before me, Elizabeth H.M. McRae, Notary Public (insert name and title of the officer) Brian Mendoza personally appeared I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY paragraph is true and coi WITNESS my PERJURY under the laws of the State of California that the foregoing seal. _ ELIZABETH H.M. MCRAE h COMM.# 1686768 Iln� NOTARY PUBLIC •CALIFORNIA UJ RIVERSIDE COUNTY MY COMM. EXP. AUG. T, 2010 Signature \,,,' 1 //`1 I (Seal) City of Huntington Beach 000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 6, 2008 CSI Electrical Contractors, Inc. 10623 Fulton Wells Ave. Santa Fe Springs, CA 90670 RE: CC-1322 — Traffic Signal Modifications (Springdale & Heil, Center & One Pacific Plaza) Enclosed please find your, original bid bond for CC-1322. Sincerely, (Telephone: 714-536-5227 ) Senior Estimator Transportation Group M-4a U l-' Office: 562.236.9820 Fax: 562.236.9499 UU Cell: 562.824.1031 `2 steven.kujawa@csieIectric.com wo. 10623 Fulton Wells Avenue Uj Santa Fe Springs, CA 90670 2000 JUL 22 PM 1: 5 6 SECTION C for the Traffic Signal Modifications at Center & One Pacific Plaza and Springdale & Heil CC No. 1322 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the maruier and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE Estrna e ... .. .... ..... . rtit:Price Extended A mount : . Traffic Signal at Center Avenue and One CC-1322 Pacific Plaza 1 1 LS Mobilization 0-D Qry Goo Per LS 2 1 LS Traffic Control $ Per LS 3 1 LS Signing and Striping @ 1 , �_ �_ $ s C)Per (9 LS 4 1 LS Modify Traffic Signa ®afi Per LS 00 Subtotal - Traffic Signal Modification for Center Ave. and One Pacific Plaza $ 3 Z o Estirriated................ .................... . . ltem : hio Quantity::::.. Item: With Uitrt Price Writt�n.in:Words :: .. init:Price .::::. E:xtended.Amount:: Traffic Signal at Springdale St. and Neil CC-1322 Ave. 1 1 LS Mobilization�p A r eel ' f -� 6Z, Per LS 2 1 LS Traffic Control�v (a) 5 $ ZS[ o ✓ pJ $ 2-EDO Per LS C-2.1 @D Subtotal - Traffic Signal Modification at Springdale St. and Heil Ave. $ l ✓ F01UL I OW DUSC d,, Subtotal - Traffic Signal Modification at Center Ave. and One Pacific Plaza $ l3 ) Z 4 o — Subtotal - Traffic Signal Modification at Sprindale St. and Heil Ave. $ 1 `7 ! O `r Total Amount Bid $JZS� '�P otal Amount Bid in Words: p L�"� i� ���a A�/v1 t" lc'-'-s Note: The City will provide the traffic signal controller and service cabinet, all poles, mast arems, luminairies, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advace for pick up at (714 375-5015. C-2.1 If' awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract. and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find b1 L s 6, in the amount of $ i --, 7:� which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class Lo Pa-r� 3 sue, i Qk zco oe1A�g By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange v�,e C" -� � , being first duly sworn, deposes and says that he or she is - .r- 'Tres ra A of C's�G-�evif� �k��r. �. the parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder Address of Bidder UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY -OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Traffic Signal Modifications at Center & One Pacific Plaza and Springdale & Heil (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 7 --Z —Q'6 Cyr rt jrj9 ._ J` CO -,A ri" -5 �..L . Contractor By _5;4ve_ Title C-s CALIFORNIA JURAT WITH AFFIANT STATEMENT 1-'See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) signature or uocument signer No. t State of California County off JENNIFER ALVAREZ COMMISSIOn * 1793012 Notary Public - California = Los Angetos County WOMM E Mor T.2012 Place Notary Seal Above Signature ofrpocument Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this �✓ ay of 11 f,111,20 06 , by Date Month Year (1) ekoo I t a,0� Nam of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signatur E �Sic,44ature of 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. Further Description joff/Any Attached Document Title or Type of Document:( Document Date v V r �' r/%� Number of Pages: Signer(s) Other Than Named Above: UGHTTHUMBPRINT RIGHTTHUMBPRIN OF SIGNER #1 OF SIGNER #2 11911111 • •• • • ✓S."tiff-✓4.-✓...'✓.��-✓6� -�.�✓.: ✓4C✓,�-y.ti. ✓'S�..5.i �.-✓6-y6�✓i-✓. ✓ .:7ti6��-•✓."• O 11 1 •- •• 7 1 1 - 1 - - :11 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes No ZX If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: -? — Z7L—O6 Fl j,L,,�\ (I A Contractor By Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavaaiiion will be permitted until this form is completed and returned to the AGENCY. Section 4216/4 7 of the Government Code requires a Dig Alert Identification Number be issued before a Permit toExcavate will be valid. To obtain a Dig Alert Id tification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working ays before scheduled excavation. Dig Alert Identification Number: Contractor in Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: (15-1� I QC -- Bidder Name GZ 3 Er A o, L,)eA s k e- Business Address City, State Zip (--,: q—,Z) ?Z16 - E--)70- �-D Telephone Number State Contractor's License No. and Class �/'nZ— /1 � Original Date Issued "71 —30 - 9 Expiration Date The work site was inspected by4 Lam-". K, c of our office on _�f � , 20e The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform; the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Printed or Typed Signature Subscribed and sworn to Befre me this _ day of , 200_ . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Proj t Manager: Contract Amount Type'\of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 CALIFORNIA JURAT WITH AFFIANT STATEMENT Z See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 State of California County of JENNIFEi; &A EZ Commission * 1793012 Notary Public - California Los Angeles County MVComm. Espbs Mor 7, 2012 Place Notary Seal Above Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this day of 41 20e , by Date % Month Year (1) �� Name of Signer (2) proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signatur a - lc. Unature V Dioary P hr yam, f 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. Further Description of Any Attached Document Title or Type of Documen /t r Document Date: v U �) Number of Pages: Signer(s) Other Than Named Above: Top of thumb here Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5910 Reorder: Call Toll -Free 1-800-876-6827 ® , SELECTED TRANSPORTATION JOB LIST ELECTRICAL CONTRACTORS 1 Project A1002 Radar Speed Signs Owner City of Glendale Address 633 E. Broadway, Room 300 Address Glendale, CA 91206 Contact Violet Nielsen Phone 818 548-2716 Value $125,433 % Complete 100%, 2006 2 Project A1004 Safe Routes to School Owner City of South Gate Address 8650 California Ave Address South Gate, CA 90280 Contact Abdulla Ahmed, Jack Perich Phone 323 563-9581 (cell 323 216-9508), 714 914-8370 Value $829,450 % Complete 100%, 2007 3 Project 6611000 Roadway Lighting Conversion, 10 & 110 Freeways Owner Cal -Trans Dist. 7 (State of California) Address 14620 Carmenita Road Address Norwalk, CA 90650 Contact Paul Wang Phone 562 926-2537 (cell 562 755-9216) Value $2,248,207 % Complete 99%, 2007 Project 6611004 Loop Road East, Irvine Owner Hathaway Dinwiddie Address 811 Wilshire Blvd, Ste.1500 Address L.A., CA 90017 Contact Jose Ignes Phone 213 236-0500 (cell213 952-8009 Value $146,813 % Complete 100%, 2007 5 Project 6611007 Signalization, Park & 10th Owner City of Long Beach Address 333 W. Ocean Blvd. 10th Floor Address Long Beach, CA 90802 Contact Teodoro Noel Phone 562 570-5172 (cell 562 577-6252) Value $160,067 % Complete 100%, 2007 6 Project 7611000 Azusa Ave Intersections Owner City of West Covina Address 1444 W. Garvey Ave Address West Covina, CA 91793 Contact Miguel Hernandez Phone 626 939-8731 Value $884,217 % Complete 87%, 2007 Updated 30Aug'07 Bond No. GREA5466560 TAmCAN KNOW ALL MEN BY THESE PRESENTS, that we, CSI Electrical Contractors, Inc. as principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation existing under the laws of the State of Ohio, having its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202, as surety, are held and firmly bound unto City of Huntington Beach as obligee, in the penal sum of Ten Percent of the Amount Bid Dollars ($ 10%"""` ) , lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrator, successors and assigns, Jointly and severally, firmly by these presents. SIGNED, sealed and dated this 14th day of July 2008 WHEREAS, the said principal CSI Electrical Contractors, Inc. herewith submitting a proposal for Traffic Signal Modifications Central Ave & Pacific Plaza and Springdale & Heil NOW, THEREFORE, the condition of this obligation is such that, if the said principal shall be awarded the said contract, and shall within Ninety ( 90 ) days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount be in excess of the former; but in no event shall the liability hereunder exceed the penal sum hereof. CSI Electrical Contractors, Inc. �1 GREAT AMERICAN INSURANCE COMPANY Principal l B -1193001'e-Mm Rene Brancheau , Attorney -in -Fact F.9116 a GREAT AMERICAN INSURANCE COMPANY@ Administrative Office: 580 WALNUT STREET ® CINCINNATI, OHIO 46202 ® 513-369-5000 i FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No. 0 14270 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of The laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorneyin-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the lint stated below. Name Address Limit of Power ROBERT W. BADER ALL OF ALL MARIE HAIL PASADENA, $75,000,000.00 RENE BRANCHEAU CALIFORNIA DANIEL J. McGANN This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 27's day of, APRIL 2006. Attest STATE OF OHIO, COUNTY OF I IAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVID C. KITCHIN (513-369-3811) On this 27`s day of APRIL , 2006, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid ofcers and any Secretary or Assistant Secretary of the Company may be affixed byfacsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affrxed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 14 th day of , July 2008 S 1029T (11101) State of California County of 1C2<,, On 71 before me, Date Here nsert 17ame and Title of the Officer personally appeared %-e y1 P N Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name} is/t subscribed to the within instrument and acknowledged to me that he/sue/tl executed the same in his/hfi4g* authorized capacityW, and that by his/W� signaturetpon the instrument the person or the entity upon behalf of VALERIE C. GONZAIM which the persono&cted, executed the instrument. Commbsion # 1664564 INo� Pao- Ccforrfifo 1 certify under PENALTY OF PERJURY under the laws Los COS' my COMM. EXPIM JW 29.2010 of the State of California that the foregoing paragraph is true and correct. WITNESS my nd official s a 7hnd Signature Place Notary Seal Above Signature of N ry Pu is 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 / `t Title or Type of Document: C -f-':n—s R I-14 Document Date: Number of Pages: Signer(s) Other Than Name Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Ll Individual ❑ Individual ❑ Corporate Officer — Title(s): Partner— ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINTI 'm_ -OF'SIGNER;L,_,Top of thumb here _' ❑ Corporate Officer — Titte(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBOFSIGNEB LlP,RINT _' . Top of thumb here ©2007 National Notary Association• 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 6, 2008 JFL Electric, Inc. 8257 Compton Ave. Los Angeles, CA 90001-3915 RE: CC-1322 — Traffic Signal Modifications (Springdale & Heil, Center & One Pacific Plaza) Enclosed please find your original bid bond for CC-1322. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cites: n o, a an r�t aita�cere cNew Zealand 1 � P , i Telephone: 714-536-5227 2108 JUL 22 P 1"' 59 r j- PROPOSAv SECTION C for the Traffic Signal Modifications at Center & One Pacific Plaza and Springdale & Neil CC No. 1322 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE Estimated: . .... ...... ..... .... Quantity::. 1tem:W�tb:Unit Priee.Written in: V�ords :_ T3 ............ . >: icteitded:Am ou:nt Traffic Signal at Center Avenue and One CC-1322 Pacific Plaza 1 1 LS Mobilization G�.vl (ovS Per LS 2 1 LS Traffic Control @ -ThrejL ` bs%N� yU6 6 $ 5,90 $ �9 Per LS 3 1 LS Signing and Striping @ $ tea— $ fez Per LS 4 1 LS Modify Traffic Signal at Center Ave.&One Pacific Plaza @ f-lAAf a, -I u b�-�R.y� r� dw ►' S $ 11_ �i0 _ Per LS Subtotal - Traffic Signal Modification for Center Ave. and One Pacific Plaza $ 'ZI j 'Ac�0 ........... Estimated: ......... ......... .......... .......... . ...... Item : ;No : Quantity. ><teni: With Unit: Price Written in: Words Unit::P. rice E;ztended:Amoun#:: Traffic Signal at Springdale St. and Heil CC-1322 Ave. 1 1 LS Mobilization @ -- $ �� $ c G D_� Per LS AD( - 2 1 LS Traffic Control @ 6V2 A" $ S, - $ Per LS C-2.1 �...: Est ated::::::::::::::::::::::::::::::::::::::::::::::....:::::::: Ceiri :ly1a antlt,Y: Stem Vit6llnit.Priee Written tn:Words iT�t:Pr�ce..:... ..xtended:r#mou:iit: 4 1 LS Signing and Striping (� @ five — AU-5 $ S,D� s 15, ax2— Per LS 5 1 LS Modify Traffic Signal at Springdale St. and Heil Ave. "yam Per LS 6 4 EA Construct Curb ramp including adjacent gutter plate 1 -71 &oc)— per Caltrans Std. Plan A88A Case VIZI Per EA Subtotal - Traffic Signal Modification at Springdale St. and Heil Ave. $ Subtotal - Traffic Signal Modification at Center Ave. and One Pacific Plaza $ 2,1,_y3V Subtotal - Traffic Signal Modification at Sprindale St. and Heil Ave. $ 1 oor, Total Amount Bid $ 11 S-2 , otal Amount Bid in Words: l Note: The City will provide the traffic signal controller and service cabinet, all poles, mast arems, luminairies, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advace for pick up at (714 375-5015. C-2.1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ k� I V9 � which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the_ AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by -.subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange "feuawo UL,Y - , being first duly sworn, deposes and says that he or she is �f2 ,,�Ae.rst of the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ��� L � `mac-�-v�►� ,1 �c� Name of Bidder Si ature of Bidder Address of Bidder IVONNE LOERA CommisslOn # 1534635 .ei Notory Public - CoNfornio m Los Angeles County Subscribed and sworn to before me this ZZ' �ay of c, , 20 MVCOmm.ExpiresDec 13,2008 NOTARY PUBLI NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY -OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Traffic Signal Modifications at Center & One Pacific Plaza and Springdale & Heil (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. E '1MEE . _ 6 Contractor Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ANo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and ff"'gighaPfUile ' 'o'rtiori` f"thy" Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date:a� b� Contractor Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: 11`-1, E ker Y `C a' Contractor Title Date: 771 as I 0� Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: a L F- Lecky, C' 1 Vn Bidder Name x2.13-' Crn Business Address l ie CA c ood -- City, State Zip (aa5 ) 5B i 44L-AD Telephone Number to `1 V:C, -10 , i G' 3cd State Contractor's License No. and Class 10 141 Iq I Original Date Issued i0b z Expiration Date The work site was inspected by of our office on , 20_ The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform; the contract for the proposed work and improvements in accordance with the plans and specifications set forth. ComnanvName.. of Bidder Printed or Typed Signature Cb Subscribed and sworn to before me this �`�day of J r , 200 . LiNONNE LOERA Commission # i534635 story Public • Califomio Los Angeles County My Comm. Expires Dec 13,20 NOTARY PUBLICS I/►/Ihn o ,�a�� NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address of Public Agency Name and Telephone No. of Project Manager: - w —�Jo Contract Amount Type of Work Date Completed 2. l rt l "I YLt �l S— b QT Name and Address of Public Agency Name and Telephone No. of Project Manager: S(,t (fC6�,s, A l (iZ25—� �� �1 C . 1 oz(v' � ,f✓ �� G in l 2 "t Contract Amount Type of Work Date Completed L -Vfa YIS TYk;5 Yl Lk I Name and Address of Public Agency Name and Telephone No. of Project Manager:Ta'\eo LftiU 3.) a,��tt 1 Ya1 Contract >\)W \c. WDC V-S k A Type of Work Date C-10 SureTec Insurance Company BOND NO. 243 KNOW ALL MEN BY THESE PRESENTS, That we, JFL Electric, Inc. as Principal, and SureTec Insurance Company corporation authorized to transact a general surety business in the Stale of CA as Surety, are held and firmly bound unto City of Huntington Beach 4 (hereinafter called the Obligee) in the full and just sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars, ($ 10%*********) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Traffic Signal Modification at Center & One Pacific Plaza and Springdale & Heil - CC1322 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specked in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 21st day of July 2008 YEAR JFL Electric, Inc. SureTec Insurance Compa y Surety By: By: Principal Attorney -in -Fact Felic ano Loera -President Les M. Mantle CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On before me, Mary Martignoni — Notary Public Date Here Insert Name and Title of the Officer personally appeared Les M. Mantle who proved to me on the basis of satisfactory evidence to fftVft be the person(s) whose name(s) is/are subscribed to the MARY MART!®*( within instrument and acknowledged to me that COMM # 176i � he/she/they executed the same in histher/their authorized nrorApttsttc _ capacity(ies), and that by his/her/their signature(s) on the 011"GE C instrument the person(s), or the entity upon behalf of My which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatu e Place Notary Seal Above Signat a of tary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Les M. Mantle ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General X Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other = Signer Is Representing: _ SureTec Insurance Compan3 Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: AGHT2,THUMBPRINT'i ,O IGNER of thumb here 02007 National Notary Association - 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free t-BM-876-6827 POAI: 510036 Surerfec Insurance Company MUTED POWER OF ATTORNEY Know All Meru by ,These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation :duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Les M. Mantle, Matthew R. Dobyns of Fullerton, CA its_ true and lawful Attorneys) -in -fact, with full powerand authority hereby conferred in its name, place and:stead; to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include. waivers to the conditions of contracts and. consents of surety; providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seall of the Company and duly attested by its Secretary; hereby ratifying and. confirming all that the said Attomey(s)-in-Fact may do in the premises: Said appointment shall continue in force until 10/ 11 /08 _ and is made under and by authority of the following resolutions of the Board, of Directors of the. SureTec Insurance Company Be it Resolved, that the.President; any Vice..President, any Assistant Vice -President any Secretary ar any Assistant Secretary_ shall be and is hereby`vested With; full power and authority toappoint any one or more suitable persons as Attorney(s)-in-Facf to represent and act for and on behalf.of the Company subject to the following provisions: Aherne)? -in -Fact. may be given full mwe . and authority for and,in the name of and: of behalf of the Company, to; execute, acknowledge and deliver, any and all bonds; recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and'all notices and documents canceling or terminating the Company's liability thereunder; and. any such instruments so executed by :any such Attorney -in -Fact shall be binding upon the Company as if signed. by the President and: sealed and efl`ected_:by the Corporate Secretary. Bell Resolvegthat the signature of any authorized officer and seal of the Company heretofore or, hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at u meeting held on 20L4 of April, I99,9.) In Witness Whereof, SURETEC .INSURANCE COMPANY has caused these: presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. s VTECRANCE COMPANY By:e t State of Texas ss: County of Harris On this 20th day of June, A.D. 2003 before me personally came B.J. King to me known; who; being by me duly sworn, did depose. and say, that he. residesiit I3ouston, 'Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and 'cvhicfi exeeuted .the above instrument; that he knows: the seal of said Company; that the seal affixed to said instrument.is such corporate seal; that it was so .affixed. by order of the Board of Directorsof said Company; and that he signed his,name thereto by like order. Michele Denny t notary Pubft vote d Texts MY Gout i x0res August 27, 2008 Michelle Denny, Notary Pkfilie My comttission expires August 27, 2008 1, M.;Brent Beaty, Assistant Secretary of SURETEC INSURANCE: COMPANY, do.hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which. is still in full force and effect; and furthermore, the resolufions.of the Board of Directors, set out in the. Power of Attorney are in full force and: effect.. Given under my hand and the seal of said Company at Houston, Texas this 21st day.. July , 20 �$ , A.D. Brent B,ea , sistant Sec tary Any instrument issued in excess of the penalty stated abova ry tetally void And without any validity. For verification of the authority of this power you tail ;t13) 312-0 OO iqy business day ttetween.0:00 am and 5.00 pm CST. City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 6, 2008 Moore Electrical Contracting, Inc. 463 North Smith Ave. Corona, CA 92880 RE: CC-1322 — Traffic Signal Modifications (Springdale & Heil, Center & One Pacific Plaza) Enclosed please find your original bid bond for CC-1322. Sincerely, JF:pe Enclosure .g:/followup/cashcont/returnbidb nd.doc Sister Cities: Anlo, Japan c Warta�C're, New Zealand (Telephone: 714-536-5227 ) MOORE ELECTRICAL CONTRACTING, INC. 463 NORTH SMITH AVENUE CORONA, CA 92880 610382 C-10 (951) 371-4202 20011 Alfl 22 pl1 1: 10 L^ P Ik PROPOSAL,®r ' t ®ELECTRICALONFOR: MODIFICATION�*t CE'N TER & ONE PACIFIC PLAZA AND SPRINGDALE & HEIL CC No. 1322, ® D. D EACH — SEALERBIVE:.""b" ®. "® ® D WITH; REGULAR * * * * SEALED BID. DO NOT OPEN UNTIL 2:30 PM, JULY 22, 2008 * * * * CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 BID DATE AND TIME: 7/22/08 @ 2:30 PM SECTION C PROPOSAL for the Traffic Signal Modifications at Center & One Pacific Plaza and Springdale & Heil CC No.1322 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into -a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE :..s.:;:................ ........ ................... Iteui:::lo:::"" uaiiti " : Q....... ..:.:.:..:.»::ltetn: ..................:.:.:.:..:..:.:. . 'itti: nit Pt`ieea�V:r.�tten mfl sw. »: »:'>:': . 1TM�t:Prree :::=:: ::Ezteiicted:Ainou:nt:: Traffic Signal at Center Avenue and One CC-1322 Pacific Plaza 1 1 LS Mobilization @ b &F $ Q $ .L Per LS 2 1 LS Traffic Control Per LS 3 1 LS Signin and Str'ping @ ,0 : AK $ $ No 6�4ts, Per LS 4 1 LS ModP Traffic Signal at Center Ave.&One Pacific Plaza �'� A $� Per LSi Subtotal - Traffic Signal Modification for Center Ave. and One Pacific Plaza $r �Q . . . . . . . . . . . :: . . . . . . . I . . Fstiiii 't ; :.: a. e. . . . . . . ::-: ::: :::::::::::.::: :::::::::::::::::.:.:..::.:.:.:.:.:.:: :::::::::::::::::: :::::::::::::::::::::::::::::::::: Iie :: No fiantif :::::::: Q ...... y . �::::::::; ::: ::: : ::: ::::;::::: ; ::::::::::;::: .........1teFr►. Whh UA�t.P.rice Writtediff.Words ............................. iii't . r` e::::: U Pic :: Extended Airidunt: ...................... . Traffic Signal at Springdale St. and Heil CC-1322 Ave. 1 1 LS Mobilization Ux-m)n S;-, oc� ua j) $ �. $ Per LS 2 1 LS Traffic Contr - Ca; I L1c ' h"ti 1 $it �"er C-2.1 :E't%iitafei:::::::::::::::::::::::::::::::::::: s <te tl ............................................................................... n:cn•:Wards:::�:�:_:�:�:::::•::�:��ti ...lp:............... ...��....�._ � ..•.. . .. . 4 1 LS Signing and Stri ing Per LS 5 1 LS Modify Traffic Signal at Sprin, dale St. and Heil Ave. 4M $ r^ Y © Per LS 6 4 EA Construct Curb ramp including adjacent gutter plate per Caltrans Std. Plan A88A CMe $ $ 00 Per EA Subtotal - Traffic Signal Modification at Springdale St. and Heil Ave. roiect Bid Base Subtotal - Traffic Signal Modification at Center Ave. and One Pacific Plaza $ 00 Subtotal - Traffic Signal Modification at Sprindale St. and Heil Ave. Total Amount Bid $ - •DO Total Amount Bid in Words Note: The City will provide the traffic signal controller and service cabinet, all poles, mast arems, luminairies, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advace for pick up at (714 375-5015. C-2.1 " If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. . A 10% Bid Bond Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion ,of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor - State License Number Class Ri Li%9b 'vi 1,A By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOI. LUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH DID State of California ss. County of Orange Rusty B. Moore , being first duly sworn, deposes and says that he oz-ghe is President of Moore Electrical Contractinq,thrty making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder. to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any, bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against. the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to before me this 22nd NOTARY PUBLIC A)Wta- Moore Electrical Name of Bidder Signature ofidEidMr Rusty B. Moore, President 463 N(Smilth. AVe Corona., CA 92880 Address of Bidder day of July , 20 08 . DlRNE RENE CODY Commission #E 1777745 •a Notary Pubiic - ColiforMa Riverside County My Comm. BOO Nara, 2011 Diane gene Cody, Notary NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY -OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises .and agrees that in the performance of the work specified in the contract, known as the Traffic Signal Modifications at Center & One Pacific Plaza and Springdale & Heil (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 7/22/08 Moore Electrical Contractor Ms Rusty B. Moore, President Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 7/22/08 Moore Electrical Con Contractor :A Rusty B. Moore, President Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this forrii is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Moore Electrical ContractipEG Inc. Contractor Rusty B � Moore, President Title Date: 7/22/08 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORIVIATION BIDDER certifies that the following information is true and correct: Moore Electrical Contracting, Inc. Bidder Name 463 North Smith Avenue Business Address Corona, CA 92880 City, State Zip ( 951 ) 371-4202 Telephone Number 610382 C-10 State Contractor's License No. and Class 1 /22/91 Original Date Issued 1 /31 /09 Expiration Date The work site was inspected by None of our office on 20_ The following are persons, firms, and corporations having a principal interest in this proposal: See Attached C-9 \ / Moore Electrical Contracti�mg, Inc. • Corporate 0 � �'ce, 4�6�3 N, Smith Ave. • Corona, CA 928�80-6905 • (951) 371-4Z�02 Ph. • (951) 371-42�96 F�a�x • www,rnooreelect�ic.com The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform.. the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Moore Electrical Company Name Signature of Bidder Rusty B. Printed or Subscribed and sworn to before me this22ndday of July 2008 MAP Commla wn # 1777718 *"W Pubec - Ccoomnla NOTARY PUBLIC Diane Rene Cody, Notary NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. See Attached Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 1. Job Number: 2. Job Name/Location: JOB INFORMATION & CHECKLIST C134 Date: 1/11/2006 nstallation of Advanced Traffic Management System (ATMS) ;itywide - Phase 1, Corona 3. Estimator: lRusty Moore 4. Contract Amount: $2,718,745.00 PM: Rusty Moore 5. General Contractor: Imoore Electrical Contrac Street:l City, State, Zip:l Contact Person: I I Telephone M 6. Owner: Street:1400 City, State, Zip:ICoe Contact Person: IOm Telephone #:1951 Bid Date: 12/1/2006 GF: I Nick Eddy Inc. Customer Job #: Fax #: of Corona South Vicentia Avenue Dna. CA 92878 5 Project #:117-204 Fax #: 1951279-3627 **'t*'t Federal Aid Project # 7. Estimated Start Date: Billing Date: 8. Working Days: 1180 Calendar Days 9. Liquidated Damages: 1$1,000.00 Per Cal. Day 10. Contract Approved As To Amount and Scope: 11. Contract Approved As To Legal Content: 12. Copy of Contract to Moore Files (Unsigned): 13. Date Insurance Certificates Requested: 12/28/06 DRC 14. Date Contract Mailed to Owner/General Contractor: 15. 20 Day Prelim Notice: I I Date: 16. Date Signed Contract Received by Moore: 17. Certified Payroll ?: I I (Yes or No) 18. The Following Forms Requested Were Mailed with Contract: 1. 2. 3.1 4.1 Job Infomation Sheet C134.xls 1. Job Number: 2. Job Name/Location: JOB INFORMATION & CHECKLIST D168 I Date: 1 9/1/2004 transit Priority System Automated Traffic Surveillance and 'ontrol Installation of Hollywood / Pasadena I Fairfax, _os Angeles 3. Estimator: JJW I PT 4. Contract Amount: $3,430,000.00 PM: Dave Fernandez 5. General Contractor: Imoore Electrical Contra( Street: City, State, Zip: Contact Person: I Telephone #: 6. Owner: Street: City, State, Zip: Contact Person: of Los Telephone #:1213 847-5534 * Federal Aid Project # 7. Estimated Start Date: 8. Working Days: 1135 Bid Date: 6/2/2004 GF: I Gary Panter Inc. Customer Job #: Fax #: Project #: IW.O. L0402623 Fax #:1213 847-5566 Billing Date: 11. Contract Approved As To Legal Content: 12. Copy of Contract to Moore Files (Unsigned): 13. Date Insurance Certificates Requested: 191VO4 DRC 14. Date Contract Mailed to Owner/General Contractor: 15. 20 Day Prelim Notice: I I Date: 16. Date Signed Contract Received by Moore: 17. Certified Payroll ?: Yes (Yes or No) 18. The Following Forms Requested Were Mailed with Contract: 1. Contractor & Payment 2. Insurance and Workers Bonds I Comp Certs Job Infomation Sheet D168.xis JOB INFORMATION & CHECKLIST 1. Job Number: T470 I Date: 8129/2005 2. Job Name/Location: Traffic Signal and Lighting Pioneer Boulevard, Norwalk 3. Estimator: lRusty Moore Bid Date: 8/4/2005 4. Contract Amount: $222,721.00 PM: Rusty Moore GF: Dave Liddell 5. General Contractor: Imoore Electrical Contracting, Inc. Street: City, State, Zip: Contact Person: I (Customer Job #: IT470 Telephone #: I I Fax #: I 6. Owner: ICaltans 1 I1727 30th Street - Office Engineer Street: MS 43 City, State, Zip: ISacramento, CA 95816 Contact Person: I I Project #:107-4K6704 Telephone #: 1916 227-6300 I Fax #: 1916 227-6151 Federal Aid Project # ACIMG-005-2(927)E 7. Estimated Start Date: 1 Billing Date: 8. Working Days: 145 9. Liquidated Damages: 1$1,000.00 per cal. Day 10. Contract Approved As To Amount and Scope: 11. Contract Approved As To Legal Content: 12. Copy of Contract to Moore Files (unsigned): 13. Date Insurance Certificates Requested: 18129105 DRC 14. Date Contract Mailed to Owner/General Contractor: 15. 20 Day Prelim Notice: Date: 16. Date Signed Contract Received by Moore: 17. Certified Payroll ?: I I (Yes or No) 18. The Following Forms Requested Were Mailed with Contract: 1. 2. 3.1 1 41 1 Job Infomation Sheet 1470.x1s THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 KNOW ALL MEN BY THESE PRESENTS, that we Moore Electrical Contracting, Inc. as Principal, hereinafter called the Principal, and Fidelity and Deposit Company of Maryland a corporation duly organized under the laws of the State of Maryland as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Bid Amount ($10% of Bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Traffic Signal Modifications at the intersections of Center Avenue and One Pacific Plaza and Springdale Street and Heil Avenue (CC No.1322) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 11th day of July, 2008. (Witness) We.tley L. Lobo, Vice President (Witness) Ryza Jee Desaca, Asst. Account Rep. AIA DOCUMENT A310 . BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 Moore Electrical Contrapiri'g, I (Seal) Rusty B. Moore Fidelity and)Degbsit Company of Maryland ( Surety)) (Seal)� By Edward N. Hackett, Attorney -In -Fact (Title) CALIFORNIA ALL4PURPOSE ACKNOWLEDGMENT State of California County of Riverside On 7/22108 more me, Diane Rene Cody, Notary Public Dale Hue koW Name and TM- of go oar personalty appeared Rusty B. Moore andWesiey L. Lobo N—cst of SO -is) DIANE RENE GODY Commbsion #E 1777748 -s Notayy P'ub#e _ Col fomlo Rlvsnlde County E'yliesNatre, 2f111 who proved to me on the basis of satisfactory evkIence m be the person(s) whose name(tsdare subscribed to the within instrument and acknowledged to me that --hddwAhey awaited the sarne4w+wft*Wm authonzed capap tes), and that 15V719ftierAheir signature(s) on the irstrument the person(s), or the entity upon behalf of which the person(s) acted, executed the in *ument. 1 certify under PENALTY OF PERJURY under the laws of the State of Cal-dornia that the foregoing paragraph is true and correct WfTNE hand and niseal- S&gn G "lu ature �- Pbm Natmy Seal Ab.0 AIAL bianve Rene Cody, Notary Public O17 Though the irrkwma ar► bekxv is not required by taw, it may prove valuaW to persons rel wW on the docretmV and could prevent fraudLdent reawvaf and reaffadunent of this farm to another dodaneni Description of Attached Document Title or Type of Document - Document Date: Signers) Other Than Named Above: 7/11/08 Capacity(ies) Claimed by Signer(s) Skjnees Name: Rusty B. Moore D Individual V Corporate Officer — Title(s): _ EI Partner —11 Limited El General Q Attorney in Fad Q Trustee 0 Guardian or Conservator CI Offter- Signer Is Representing: Moore Electrical Contractior+ Ine- President Piiv.71;F�".v.r _•C"air: OF Bid Bond Number of Pages: Signees Name: Wesley L Lobo Individual 0 Corporate Officer — T-itle(s): Vice President Q Partner — D Limited :D General El Attorney in Fad • 0 Trustee dftanb e ❑ Guardian or Conservator D Other: Signer Is Representing: Moore Electrical Coutractins, Ine- @2W N NWa+y Arc-8350 De SM Ave. PO BM 24a2-Circe. CA 91313-NW-w l6e6p ikwn VM7 reads QdToW- we t-80687G6627 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On JUL 1 1 2008 before me, Audrey Rodriguez, Notary Public Date Here Insert amo andnda of the Officer personally appeared Edward N. Hackett Name a01lpne e e •.- C . who proved to me on the basis of satisfactory evidence to be the personM whose nameW is/" subscribed to the within Instrument and acknowledged to me that he/,ie/KW executed the same in his/t*r/"r authorized capaclty(M), and that by hl&tW/Mr signature(oo on the Instrument the person()*, or the entity upon behalf of which the personOK) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and and offi real. Signature Place Notary Seal Abae tme of No P is OPTIONAL Though the information below Is not required bylaw, It may prove vafuable to perso g on the document and could prevent tiaudufent removal and reattachment of tills form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Tftle(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ;fiICHT iH14hi10RRf'JY OF tilCitJL i Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Umited ❑ General ❑ Attorney in Fad ❑ Trustee 11 Guardian or Conservator ❑ Other: Signer Is Representing: RIG[TT11U01BPRINT. OF S11'NER_, __ 0E007 Na±&xtar No." Assoriation • 935d M Soto Ave., P.0.8ux 24U2.1 1N CA 813l"40.- WW*N*VoMNol ryaV !tern l59o7 :Racitd r. W 74II-FIr" 1. 00-47888127 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said ny, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the da� @ ereby nominate, constitute and appoint Edward N. HACKETT, of San Diego, Californi ritc�ul nd Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as Buret r 'N e c i�nds and undertakings, and the execution of such bonds or u s i� s° s, shall be as bindingupon said Company, as fully and amply, to all inten q i `tt y executed and acknowledged by the regularly elected officers of the � �4C_,W, to their own proper persons. The said Assist Section 2, of the I IN WITNESS affixed the Corp A.D. 2008. ATTEST: �p U P 0 ,� � � 1 O p S ti� ? r T State of Maryland I ss: City of Baltimore set forth on the reverse side hereof is a true copy of Article VI, dais now in force. p he said Vice -President and Assistant Secretary have hereunto subscribed their names and of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I Ith day of June, FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary Theodore G. Martinez On this I I th day of June, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. R. 14'4 ' 2 n...o.00w.+ ...nro Ry Dennis R. Hayden Notary Public My Commission Expires: February 1, 2009 POA-F 012-9310M City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK October 6, 2008 Pouk & Steinle, Inc. P. O. Box 3039 Riverside, CA 92519 RE: CC-1322 - Traffic Signal Modifications (Springdale & Heil, Center & One Pacific Plaza) Enclosed please find your original bid bond for CC-1322. Sincerely, R.- ('79,C)N- 4�pj Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister CiRe I�ofin�� a�apan el"M'doMdre, New Zealand (Telephone: 714-536-5227 ) SECTION C PROPOSAL. for the Traffic Signal Modifications at Center & One Pacific Plaza and Springdale & Heil CC No. 1322 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the mariner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE Estiirtatecl ............ ............. ....... ............ -.. I. � ..... .... ......... I . . . . . .... � . � :: * ::,:, ;. ......... � � ... . . . � ............ ..... No::;:Quantity ein:Witbi:Uiaix Priee:Writte� �n V�ordS . Unit:Priee ::: n: I✓xteiided Amou t Traffic Signal at Center Avenue and One CC-1322 Pacific Plaza 1 1 LS Mobilization Per LS 2 1 LS Traffic Control @ I—W0 1-b6 V j a n Po-&4 or cr A-,r, t-s Per LS 3 1 LS Signing and Striping Per LS 4 1 LS Modify Traffic Signal at Center Ave.&One Pacific Plaza @ r>E....c -t-,�fl., S as cn OhLE �wIQQ.is�s �1�T�6 ti4�.a.M] /�cO �Cehr7 $ me 5 o $ 1 d 1 S® r Per LS Subtotal - Traffic Signal Modification for Center Ave. and One Pacific Plaza $ 14 0 5 Estimated .... ......... ....... . ........ .. ..... ....... ...... 1:teni .No Quantity: .. :. ltetn:W►th Unit Price Written cn:Worcls ::... . : Unit .P:rice .:.. Extended. Amount.. Traffic Signal at Springdale St. and Heil CC-1322 Ave. 1 1 LS Mobilization @ D"FE 1-140- ^-'xA 0 rt IF- &L U,2, .s.* $ 1500 $ 1'S oP, 'Ob�.LAwS Av.iA Zlf CZAI Per LS 2 1 LS Traffic Control @ irc../ e7 'C'Z�oJ S A'it.e ea 7ks e►aliti t $ �. G 1:? ® $ .Z L� f� G7 -- AnL4 Or C9'%17e, Per LS C-2.1 ......I... ......................... E ....... g ted :. ...:::::::::. .. . ....:: :::::::::::::::::::::: .................................................................... ;:::::::::::::::::::::::::::::::::::::::::: ............ ............................................................................ .... xt e h4041.t! . 4 1 LS Signing and Striping @ �v u 2 T1(,i.J t l�x1� Onl E lMoiLir '' (( $ `t 1 13 D r $ mot_ I� " Per LS 5 1 LS Modify Traffic Signal at Springdale St. and Heil Ave. @ SEacr,-Y oxac 7-iZv:rrun Sk--,-m�,z $ ? 1 I DC. ' t Li,..uo2:�s t�.�..i►n.s rk.t� d Gb�.c~7 Per LS 6 4 EA Construct Curb ramp including adjacent gutter plate per Caltrans Std. Plan A88A Case C. @ vv CL -I by%7-'>4IZ c'.k—r' t-L &LO&." l�o L c �u. i .�-s. s • trJ c.r, S $ Per EA Subtotal - Traffic Signal Modification at Springdale St. and Heil Ave. $ 9 LO 5-bC) Subtotal - Traffic Signal Modification at Center Ave. and One Pacific Plaza $ t %4 D JD Subtotal - Traffic Signal Modification at Sprindale St. and Heil Ave. $ R L®ISo Total Amount Bid $ l ®5�® Total Amount Bid in Words: fltJC- i E &I ri-i 4E1 %►" T-e \eta L t_./A.. - S Q^-t �7 C c. #-A `-.&► Note: The City will provide the traffic signal controller and service cabinet, all poles, mast arems, luminairies, vehicle heads, pedestrian heads, push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advace for pick up at (714 375-5015. C-2.1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find '1o;.) ?>=wADin the amount of $ 10 o/o which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt,of all Addenda Bore, if any: Addenda No. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class 3I da"O Co v0`7 J. �J t r t 51 15• . IFTW pA*-,�t (R 9?P4P 3�i(ao 9� C-3Z G 234®S a.. ...rv... tc�•raFw.o. T 412 5 4 S 7811P3 3 14 G- 2_ By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any. other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder 2S 1c t�u r3 i cb,s �. 3c. o Q .,6rr..� .n£. G. cr 2� q Address of Bidder Subscribed and sworn to before me this day of 1 , 20 _ NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY -OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Traffic Signal Modifications at Center & One Pacific Plaza and Springdale & Heil (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: -7'/Cl -49e (2 47- Contractor By Title C-5 CALIFORNIA JURAT WITH AFFIANT STATEMENT I See Attached Document (Notary to cross out lines 1-6 below) 'd See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) State of California County of �. � al��Sl 06', CCIO ETTE RICHARo ir Commisslon # 1782209 Notary Public - California Riverside County WCamm.8q"Dec23.2A11 Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this l day of j l , 20-01, by Da Month Year (1) , Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) , (and Name of Signer proved to me on the basis of satisfactory evidence to be the per on who appeared before me.) Signature �" ��_'CLJ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove _ valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Top of thumb here Top of thumb here ��AFuj�rther Description of An/ ac ed D+ocume t `( �rV�� " Its imp fr�i cot Title or Type of Documen V!'U Document Date: Number of Pages: Signer(s) Other Than Named Above: 02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402- www.NationaiNotary.org Item #5910 Reader: Call Toll -Free 1-800-876-6827 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes 5 No If the answer is yes; explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 1-1 ib - C)a SuC- . Contractor By Title C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: 1� � l �a .� � ► T � i w1 t_ E �� L . Bidder Name Z SZ.o I�c.� 2,1 0c7.� yC "� ►... Business Address 2. q -L-s 1 q City, State Zip (Q51) L.02>2.-2C1 S2. Telephone Number 5"7 L, 2 -'7 4- 14 State Contractor's License No. and Class Original Date Issued eD--?JL"O9 Expiration Date The work site was .inspected by of our office on '*7 -Ib , 20c6 The following are persons, firms, and corporations having a principal interest in this proposal: ` �..! �► �..t,s-t' Sty -vr-0- ✓, C-9 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor LP,,aoo,-u 1 By Title Date: -7 - IU Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 F The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company N Signature ,:Ider , Printed or Typed Signature Subscribed and sworn to before me this day ��of &44�' , 200_ . ""-U NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1 2. 3 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: -'qC dE�— Date Completed Date Completed Contract Amount Type of Work Date Completed C-10 CALIFORNIA•ACKNOWLEDGMENT a.�_-�\!�5�,.-�.'.,�.5�.,,,?�S�S�S�S,�N,_s�S� As�.`,r, �.'.;�aS�.,c��v_a.Cr_T.S;��S • Ssg;:�.,,aaa'✓�.�.a.'4�.�.,��,� ti'?.;a��,:�.,:�Cr�C.,�. �q!z�> �.�_-�.'.�.�_',-�.'4,_. State of California County of On July 21, 2008 Date Riverside before me, Colette Richard, Notary Public Here Insert Name and Title of the Officer DanielH. personally appeared Name(s) of Signer(s) CO LIE FTV RICHARD Comm13310n # 1782209 i Notary Public - California : Riverside County WCWMBONDBC2362MI r who proved to me on the basis of satisfactory evidence to be the person whose name is><eo-subscribed to the within instrument and acknowledged to me that he/shQ4hW executed the same in his eir authorized capacity{ies), and that by, his+eMh&. signature on the instrument the person(, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and and offiP:eal.11 Signature 6- Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Bidder's Information - City of Huntington Beach Title or Type of Document:1. Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Number of Pages: Signer's Nal ❑ Individual ❑ Corporate Officer — ❑ Partner — ❑ Limited ❑ Attorney in Fact Title(s): _ ❑ General ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER o �. �.• ••: :��: REFERENCE LIST DATE COMPLETED, AMOUNT AWARDING AGENCY AND AGENCY'S CONTACT AND AND LOCATION ADDRESS PHONE NO. '/$92,798.00 All American Asphalt Crown Valley Pkwy. P.O. Box 2229 Traffic Signal Temp. Corona, CA / $154,148.00 Telegra Assoc., LLC Ave Pico/Ave Vista 951 Calle Neggocio Traffic Signal San Clemente, CA /$121,190.00 Shea Homes Beachf Blvd, La Mirada 603 S. Valencia Ave. Traffic Signal Brea, CA /$394,094.00 Brutoco Engineering Arches, PCH P.O. Box 429 Traffic Signal Fontana, CA /$75,689.00 Excel Paving Bank of America, Brea 2230 Lemon Ave. Parking lot Lights Long Beach, CA i$1,158,287.00 Griffith Company Culver Drive/Portola Parkway 2020 Yale Street Traffic' Signals and Interconnect Santa Ana, CA /$502,531.00 . Excel Paving Clementine/Disney Way, Anaheim 2230 Lemon Ave. Traffic Signals and Lighting Long Beach, CA /$138, 050.00 Video Imaging Detection System /$200,000.00 LED Conversion Signal Modification -J$66,000.00 Aliso Creek Road 8& Niguel Heights /$55,000.00 Traffic Signal Modifications City of Fountain Valley 10200 Slater Avenue Fountain Valley, CA City of Laguna Hills 25201 Paseo De Alicia Laguna Hills, CAO gpW5 City of Laguna Niguel 127791 La Paz Road Laguna Niguel, CA City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Craig Streit (909) 736-7600 Glen Land (949) 498-1366 Bill Bert (714) 985-1300 Don. Lewis (909) 350-3535 Dave cook (562) 599-5841 Dan McGrew (714) 549-2291 Dave Cook (532)599-5841 Jose Alire Mark Lewis (714) 593-4517 Kenneth Rosenfield (949) 707-2650 Dave Rogers (949) 362-4377 Tom Banks (714) 754-5324 ,/$176,000.00 City of Anaheim Jim Gates Various Locations 200 S. Anaheim Blvd. Caster Williams Street Lighting System Anaheim, CA 92802 (714) 765-6843 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Pouk & Steinle, Inc. P.O. Box 3039 Riverside CA 92519 as Principal, hereinafter called the Principal, and Liberty Mutual Insurance Company 450 Plymouth Road, Suite 400, Plymouth Meeting PA 19462 a corporation duly organized under the laws of the State of MA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street, Huntington Beach CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Proiect No. 1322 -Center Ave_ and One Pacific Plaza and Springdale St. and Heil Ave. Traffic Signals NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 22nd day of 2008 Pouk & SteioJe, Inc. (Seal) (Title) ( Mutual Insurance Comi (Surety) (Seal) (Title) AIA DOCUMENT A310 O BID BOND ® AIA ® FEBRUARY 1970 ED. ® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT s!:�>�.�.!�> .f:�.�s�:�>�>�>�..�.•.�c,.�c�< .!.3c . c .%_-�.•ems-�.•c�_c�.•.,:�c�S;..N.�.�. c-.N:..!s�.,-s . c%'-�.'s�s�.,�..�.•5�.-�,•. c;:�S�>�:�.�. State of California County of On July 21, 2008 Date personally appeared — Riverside before me, Colette Richard, Notary Public Here Insert Name and Title of the Officer COIETtE RICHARD Commission #t 1782209 Notary Public - California Rworside County QI�►C�ean.DsC2$, 20i 1 DanielH. who proved to me on the basis of satisfactory evidence to be the person whose namebiis/af;a�subscribed to the within instrument and acknowledged to me that he/sbeA4W executed the same in hisilier/their authorized capacity(ies), and that by hisAmittl eir signature on the instrument the person* or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and off�cial seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Bid Bond -City of Huntinzton Beach Title or Type of Docuun Document Date: o ! 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: RIGHT THUMBPRINT, OF,SIGNER .. of thumb here Number of Pages: Signer's Name: ❑ Individual El Corporate Officer — Title(s): Partner — ❑ Limited ❑ General ❑ Attorney in Fact Trustee iD Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT' OFSIGNER of thumb here �.:�s.,;s�s:�sv<:�.:�s� �sys:�s:�s:�s:�a:�a:�s:�..�<:y �s.�cz -� �a:�.:za:�s�c�<:� �s:Js ..s .ems:-.s:� �.�s�s:�sc�s:�s.�.•.•< O �. �.• •. •. •� •� .11: r . , Surety Acknowledgement State of Minnesota} } ss. County of Hennepin} On this 22°d day of July, 2008, before me personally came Nicole TambleI to me known, who, being by me duly sworn, did depose and say that he is an attomey-in-fact of Liberty Mutual Insurance Company the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney in Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. My commission expires January3' `� ' V''�=� �b r{ kIPH SAfiA L. NOTARY P; ��'" ' st>e.°v � s,.r'�>�0.. ;��i.°✓rtc.• �s�ViafuVynr �