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Christopher R. Morales, Inc. - 2009-12-21
FROM Duane Wentworth, Contract Administrator !7� DATE June 30, 2010 SUBJECT Retention Release Payment Company Name Christopher R Morales Inc Address 155 N Eucla Avenue City State and Zip Code San Dimas CA 91773 Phone Number (714) 891-2323 Business License Number A 271295 Local Address N/A Notice of Completion Date June 7 2010 Contract Purpose Retention Release for Cash Contract 1199 / 1200 The conformed copy of the Notice of Completion for the above contract has been filed The thirty-five (35) day waiting period has elapsed or will elapse before payment is made Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City I certify that no stop notices are on file on the subject at this time (—la �a Date / Travis I certify that there are no outstanding invoices on -Z.f Date Public Works Director MoW Surety Compan d b QedWFi4i and enrich City Treasurer City Trees I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed with this office Date ' Joan riven 1199 1200 Retention Release Memo 6/30/2010 1142 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 'Ze-orded in Official Records, Orange County Torn Daly, Clerk Recorder °'Bill'�IIPIIIIIIIIIIII!II�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE 2010000264976 9 22 am 06/07/10 153 420 N12 1 000000000000000000000000 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 CONTROLLER CABINET CHANGE OUTS CASH CONTRACT NUMBERS 1199 AND 1200 That said work was completed My 20 2010 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 May 20 2010 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 May 27 2010 STATE OF CALIFORNIA) County of Orange ) ss City of Huntington Beach ) r 6tor of Pu heWorks or City Engineer Ok"y of HuntAton Beach California 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 May 27 2010 i Rcto of Publ orks or City Engineer City of Huntin on Beach California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 'Q 059 TITLE PAGE (R7/95) CONTRACTOR'S CERTIFICATE L Christopher R Morales (Name of Declarant) state and certify that Christopher R Morales, Inc is the general contractor to the City of Huntington Beach ("City") on Contract No 1199/1200 (the "Contract') for the construction of the public work of improvement entitled Traffic Signal Controller Cabinet Change Out (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 clauns listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor ansmg from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims, if none, write "NONE") NONE 4 Attached hereto are the hen waivers required by the Contract Documents, which hen 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") NONE I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Executed at San Dimas, CA on this 27th day of May , 20 10 ignatur of Declarant) APPROVED AS TO FORM —ffiQ�:j By qr.7/,o 1tJ 3 Zo 0Q0 Name [Type Name] Title [Type Title] 209141 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 Huntmgton Beach, CA 92648 Re Certification of Compliance with Title VH of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract 1199/1200 Project Traffic Signal Controller Cabinet Change Out 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 27th day of May , 20 10, at San Dimas , California (Type Contractor Name) Christopher R Morales, Inc By 6A-� Name [Type ame] nn H Title [Type Title] R A Rrfx -V'�3 2r(> CLP 245911 1 Certification of Compliance with Prevailing Wage Laws To City of Huntington Beach Department of Pubhc Works 2000 Main Street/P O Box 190 Huntington Beach, CA 92648 Re Certification of Compliance with Prevaihng Wage Laws Contract 1199/1200 Project Traffic Signal Co troller Cabinet Change Out The undersigned contractor on the above -referenced project ("Project' ) hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by hun 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 Cahforma that the foregoing is true and correct Executed this 27th day of May , 201Q, at San M m2s , California (Type Contractor Name) Christopher R Morales, Inc By l� Name [Type NamA Title [Type Title] A `ff? � A, CITY AMRNEY -T Y o3 at (51P 2475421 RECEIVED BY (Name) (Date) TO S ri Freidenrich City Treasurer FROM/`—f DATE U SUBJECT 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 -11qq� AOd MSC No Approved o� (Coup l Approval Date) CITY CLERIC RECEIPT COPY Return DUPLICATE to City Clerk s Office after signing/dating ;I3 ., IF It Name) Agenda Item No City Clerk Vault No 6100. S� #27 g Jfollowuplbondiefter doc CIPLIFWOF;rJIA ALL PURF-<JSL /VCK�JNo 5193 State of California County of SAN DI On 6/2/2010 personally appeared before me DEBORAH D DAVIS, NOTARY PUBLIC MATTHEW C GAYNOR 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 d AVIS instrument n 1 1 ti 07374111 w w �1 v LiE C GALIFORNIA I certify under PENALTY OF PERJURY under the laws of SAN L F-C-1 COUNTY the State of California that the foregoing paragraph is F w P Ivy Grim =lh APRIL21 2011 true and correct WITNESS my hand and official seal �o Signature of Notary OPTIONAL SECTION I CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below doing so may prove invaluable to persons relying on the document ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED [:]GENERAL © ATTORNEY IN FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law it could prevent fraudulent reattachment of this form SIGNER(S) OTHER THAN NAMED ABOVE CORRECTED ORIGIN EXECUTED L763602P PLICATE BOND NO MAINTENANCE BON > IN_LERF®x4ANCEBOND Bond No 763602P Any singular reference to Contractor Principal Surety Owner or other party shall be considered plural where applicable KNOW ALL MEN BY THESE PRESENTS That CHRISTOPHER R MORALES INC as Principal hereinafter called Contractor and DEVELOPERS SURETY AND INDEMNITY COMPANY as Surety hereinafter called Surety are firmly bound unto THE CITY OF HUNTINGTON BEACH 2O00 MAIN STREET PO BOX 190 HUNTINGTON BEACH, CA 92648 (Name and address of Owner) hereinafter called Obligee in the sum of FORTY EIGHT THOUSAND NINE HUNDRED EIGHTY SIX AND NO/ 100 DOLLARS lawful money of the United States of America to be paid to the said Obligee or its successors or assigns to the payment of which sum well and truly to be made we do bind ourselves our heirs executors administrators successors and assigns jointly and severally firmly by these presents WHEREAS Contractor entered into a contract with the said Obligee dated January 18 2010 for TRAFFIC SIGNAL CONTROLLER CABINET CHANGE OUTS It NOW THEREFORE the condition of this obligation is such that if Contractor shall remedy any defects due to faulty materials or workmanship and pay for any damage to other work resulting thereTrom which shall appear within a penod of ONE year(s) from the date of acceptance oT the work provided for in the Contract then this obligation shall be void otherwise it shall be and remain in full force and effect SIGNED AND SEALED JUNE 2, 2010 ATTEST (SEAL) CHRISTOPHER R MORALES INC Name of Contractor/Principal By Lnn {{Siggnature)) Principal CHR.ISTOPHER R MORALES, PRESIDENT ATTEST DEVELOPERS SURETY AND INDEMNITY COMPANY Name of Surety 71WC, By — 4 (Signature) Surety N7 C C jA ,=T7 _t-,7 ATTORNE1-1 —FACT AP VED A TO FO (SEAL) J IFEIZ McGIZA H, Ci ttorney �1( 0 Atrach Properly Executed Power e At'orrey S-4655/GEEF 6/08 FRP 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 ***John G Maloney, Helen Maloney, Mark D Iatarola, Matthew C Gaynor, Deborah D Davis, 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 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 Attorneys) 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 or 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 Byp %�k AND�4Q p�PANYpc Stephen T Pate Senior Vice President yi`Lo OCT 2 G w 10 OCT 5 a 0 By o 1 9 3 6 Q w 1�a7 Charles L Day Assistant Secretary b o P lONNy4fF0Rt` b State of California County of Orange On August 13th 2008 before me Jenny TT Nguyen Notary Public Date Here Insert Name and Title of the Officer personally appeared T Pate and Chades 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 +fit the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized JENNY � capacity(ies) and that by histher/their signature(s) on the instrument the person(s) or the entity upon behalf of Comm # 17911 t7 which the person(s) acted executed the instrument NOTARY PUBLIC 0A.FOM I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANCaE � true and correct kiy ;omm ea�rres Pats, . , VI 'rt WITNESS my hand and official seal Place Notary Seal Above Signature Je TT Ng n CERTIFICATE 6 0- 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 corporabons set forth in the Power of Attorney are in force as of the date of this Certificate This Certificate is executed in the City o Irvine Cainomia the2ND day of JUNE, 2010 By Alb, t Hillebrand Assistant ecretary ID 1380(Wet)(Rev07/07) C���If=;��F;f�4A .ALL PIJ�;�'t�SE ACK�JOO�.'JLEDDG!'.1ENT State of California County of SAN DIEGO On 6/2/2010 before me DEBORAH D DAVIS, NOTARY PUBLIC personally appeared MATTHEW C . GAYNOR 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 DEBORAH 0 DAVIS C !( ti a OMM #1737411 NOTARY PUBLIC CALIFORNIA 5 NF'.') SAN DIEGO COUNTY My Comm Exp APRIL 21 2011 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 V Signature of Notary OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT Though the data requested here is not required by law it could prevent fraudulent reattachment of this form No 5193 OPTIONAL SECTION, CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill In the data below doing so may prove invaluable to persons relying on the document ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) [:]PARTNER (S) ❑ LIMITED [:]GENERAL ® ATTORNEY IN FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE I I ri S CONSENT OF SURETY TO FINAL PAYMENT Conforms with the American Institute of Architects AIA Document G707 EXECUTED IN TRIPLICATE BOND NO 763602P TO OWNER CITY OF HUNTINGTON BEACH (Name and address) 2000 MAIN STREET PO BOX 190 HUNTINGTON BEACH CA 92648 PROJECT TRAFFIC SIGNAL CONTROLLER (Name and address) CABINET CHANGE OUTS ARCHITECT S PROJECT NO OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY OTHER ❑ CONTRACTFOR TRAFFFIC SIGNAL CONTROLLER CABINET CHANGEOUTS CONTRACT DATED January 18 2010 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above the (Insert name and address of Surety) DEVELOPERS SURETY AND INDEMNITY COMPANY 2122 EAST HIGHLAND AVENUE SUITE 350 PHOENIX AZ 85016 SURETY on bond of (Insert name and address of Conti actor) CHRISTOPHER R MORALES INC 155 NORTH EUCLA SAN DIMAS CA 91773 CONTRACTOR hereby approves of the final payment to the Contractor and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address of Owner) CITY OF HUNTINGTON BEACH 2000 MAIN STREET PO BOX 190 HUNTINGTON BEACH CA 92648 OWNER as set forth in said Surety s bond IN WITNESS WHEREOF the Surety has hereunto set its hand on this date June 2 2010 (Insert in writing the month followed by the numeric date and year) Attest (Seal) DEVELOPERS SURETY AND INDEMNITY COMPANY (Surety) Tf (Signature of authors ed representatzv MATTHEW C GAYNOR ATTORNEY IN FACT (Printed name and title) S 2134/GEEF 10/01 FRP 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 ***John G Maloney, Helen Maloney, Mark D Iatarola, Matthew C Gaynor, Deborah D Davis, 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 Attomey(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 authonzed 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 corporat ons 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 By ��ti AND lrp� �M?ANYpr Stephen T Pate Senior Vice PresidentIk- w OCT z ? n 10 OCT o BY o 1 93 6 © u� 1uo7 Charles L Day Assistant Secretary ,�7� rOw w t�h � cat tFOP���P State of California it County of Orange On August 13th 2008 before me Jenny TT Nguyen 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) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/herltheir authorized capacity(res) and that by his/her/their signatures) on the instrument the person(s) or the entity upon behalf of COMM # 17916Q which the person(s) acted executed the instrument NOTARY PUBLIC 0A{dF01M I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUN1TY true and correct lufy carom expires Fe419„ 2Z012 WITNESS my hand and official seal Place Notary Seal Above Signature Je TT Ng n 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 Calromia the 2NDday of JUNE, 2010 By Albert Hdlebrand Assistant ecretary ID 1380(Wet)(Rev07/07) Company Profile Page 1 of 2 COMPANY PROFILE Company Profile Company Search Company Information Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Financial Statements PDFs Annual Statements Quarterly Statements CA Supplements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer Old Company Names back to top Agent For Service SUSAN MOORE 11780 FITCH SUITE 200 IRVINE CA 92614 back to top Reference Information DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH SUITE 200 IRVINE CA 92613 Effective Date NAIC # 12718 California Company ID # 4606 0 Date Authorized in California 08/30/1999 License Status UNLIMITED NORMAL Company Type Property & Casualty State of Domicile 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/companyprofile9event=companyPr 6/30/2010 Company Profile b Page 2 of 2 PLATE GLASS SPRINKLER SURETY back to top © 2008 California Department of Insurance http /interactive web insurance ca gov/companyprofile/companyprofile?event=companyPr 6/30/2010 - - -. „ -I-- - -- — — 4^ ti -11 .>.,.,..��.-, of .- -Y - -1 11 , -.. `+ u - - -- y L s --- — q, _-, 1 - r- RECEIVED BY CITY CLERK RECEIPT COPY ,� f� Return DUPLICATE to City Clerk s Office (Name) after signing/dating (Date) I I J CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO Shari Freldeen'rlch City Treasurer FROM i ll It f w DATE SUBJECT Bond Acceptance f I have received the bonds for I Y` 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 IN rl ('� L MSC No Approved% (Council Approval Date) ). " 7 /ram"' (Company Name) Agenda Item No ✓ iiiii City Clerk Vault No 7 -7 #27 g /foliowup/bondletter doc CIA "RECEIVED/BY: I CITY CLERK RECEIPT COPY Return DUPLICATE to 17 i City Clerk's Office (Name) after signing/dating T. (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: \4, DATE: _'�1 I /1� SUBJECT: 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. 9—, MSC No. Approved A ,(Council Approval Date`) Agenda Item No. City Clerk Vault No. (7) #27 gAollowup/bondletterdoc CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR /�ftri�i G c SiG�.e C'o�,-.zp�c�2 CA�i,JUr (fl 065Eo07, TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24. TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 26. NON -ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38. SURVIVAL 20 39, MODIFICATION 20 40. SIGNATORIES 20 41. ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND C11x1,fr0/4:!4/ /1'1gRA/-e,s c- FOR 7'/?.4/=/c-i c .S 1 G/IJ*L C� �U l /2 0 L L E2 Cll�f/J4 C07-5 cc-//g9/lzoo 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 CI&/L%iS,�a California A/04,4-- 2 o,-J , hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as %/?,9%'/�/c, cS/G.� t �j•J%/1oLLC-/L C/f�/�JGi Cq,4ti 'EoJr-s 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/swfnet/cityconst 12-07 1 of 22 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 of 22 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 of 22 "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 fOR 7 7-110yJ fW- b Dollars ($ Ycf, 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 L3oR�/�.fG, �Arf to completion within /R T' (Jo motive 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 of 22 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 of 22 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 of 22 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 of 22 the sum of /- / 1/C �A&,J Dollars ($ sb 0, �' ) 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 of 22 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 of 22 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 of 22 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 of 22 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 of 22 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 of 22 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 without the express written consent of CITY; however an insurance policy "deductible" of $5,000.00 is permitted. 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 of 22 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 of 22 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 of 22 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 of 22 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 party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN:�TOjel6 4 011 G` 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: AAta S, -27;J c . tCVCLA 144,le-. C I4R IS i n /0r1 ,j�lt L a 1 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 of 22 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 of 22 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 of 22 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 party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, g/agree/surfnet/cityconst 12-07 21 of 22 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 ��CCE/YJ,(3�-� c�/ 20 C? CONTRACTOR N06 0 1 es, D)C By: � � ; s ha e ►.�.� f�- • rti � � 1-e� print name ITS: (circle one) Chairman resident ice President ANIl� By: print name ITS: (circle one) ecreta hief Financial Officer/Asst. Secretary - Treasurer g/agree/surfnet/cityconst 12-07 22 of 22 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California INITIATED AND APPROVED: Public Works APPROVED: itV Administrator APPROVED AS TO FORM: ,u t City Attorney CONTRACTOR'S SWORN STATEMENT AND WARRANT' REGARDING CONTINUING INSURANCE OBLIGATIONS FROM: PROJECT: (Contractor Name) (Street Address) (City, State and Zip) TO: CITY OF HUNTINGTON BEACH DECLARATION Attached hereto is a true and correct copy of the current Certificate of Insurance and Additional Insured Endorsement CG 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of Huntington Beach ("City') and the above -named Contractor ("Contractor') for the above -described project ("Project'. I declare under penalty of perjury under the laws of the State of California that the above statement is true and correct. Signed on 20_ at (Date) (City, State) (Signature of Individual Who is Making Declaration) WARRANTY Contractor hereby warrants and agrees to maintain Products and Completed Operations Insurance in compliance with the insurance requirements of the Contract for the Project. Said insurance shall be maintained through and until the expiration of all Warranties provided by Contractor. Said insurance shall contain Additional Insured Endorsement CG 2010 1185, naming City as an additional insured. Contractor shall supply to City, on at least an annual basis, a Certificate of Insurance and the aforementioned Endorsement evidencing continued coverage which meets the Contract requirements. Signed on 20_, at (Date) (City, State) CONTRACTOR: Name: By Name: Title: 277621.2 SECTION C for the Traffic Signal Controller Cabinet Changeouts at the intersections of. Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue And Lake Street and Yorktown Avenue CC Nos. 1199 and 1200 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 30 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 C-1 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. 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 �j i 1-in the amount of $ i6t tgAA bid 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 J1 n Bidder's Signature IIgcm C-2 *. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Traffic Signal Controller Cabinet Changeouts — CC 1199 & 1200 November 9, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: The following paragraph shall be added to Section 303-5.9, CONCRETE AND MASONRY CONSTRUCTION, Measurement and Payment. Payment for the replacement of any sidewalk, curb, gutter or driveway which is broken or damaged by the Contractor's operations shall be included in the price bid for the traffic signal modifications and no additional payment will be allowed therefore. This is to acknowledge receipt and review of Addendum Number One, dated November 9, 2009. Christopher R. Morales, Inca Company Name By II11110g Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F ,;anusz at (7 14) 536-5431. Project Bid Schedule Traffic Signal Controller Cabinet Changeouts At the Intersections of Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue CC- 1199 and CC- 1200 ItemEsfunatedItem 6 C7nat q 1 L.S. Mobilization. $ $ Per L.S. 2 1 L.S. Furnish Project Traffic Control. Per L.S. 3 1 L.S. Modify Traffic Signal at Magnolia Street and Garfield Avenue. $311 �Jbq $311�kbu Per L.S. 4 1 L.S. Modify Traffic Signal at Magnolia Street and Atlanta Avenue. $ 5 ej cv, -r $ '5oocl'" Per L.S. 5 1 L.S. Modify Traffic Signal at Lake Street and Yorktown Avenue. $ $ C-77C Per L. S. 6 1 E.A. Construct Curb Ramp per Caltrans Standard Plan No. A88A, Including $ --5Q $ Adjacent Gutter Plate and AC Paving Replacement. i[Per EA. Total Amount Bid in Figures: $ Total Amount Bid in Words: $ Note: The City will provide the traffic signal cabinets, the traffic signal electrical service cabinets and the push buttons at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. 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. Mc Portion of Work Name and Address of Subcontractor State License Number Class ,. I3 183 N.Q;xi-ey 3 46 C- 3Z P� 1 6 CCw"rk S �o� - S Ave -g g3535 zgSFI 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 BIDDEN AND SUBMITTED WITH BID State of California ss. County of Orange 0— 1 V 1 Jt1 fMVN- MUCCO S: , being first duly sworn, deposes and says that he or she is C 5 cl vl-}- of C 11V t S ),j*Wr V - �jS. ) t4c 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. Christopher R. Moraleso anco Name of Bidder Signature of Bidher N - Fv C j C1 KVe � V1 b wlAs, Co, Address of Bidder Subscribed and sworn to before me this �_ day of N6U , 20�9 . NOTARY PUBLIC NOTARY SEAL C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ,-,,'ountv of LOS ANGEL ES TAVA' PUBILIC On--� betare kAM0I`--,,' APITEA'GA A. c-IRISTOPHER R MORA LES p e, rs c -I a 11 Ni a p p e ar e o, R A A COMrnission 1655837 10tar 'y PUbliC California z Los Angeles County Nit' Crain. EXPli'6SApr 29,2010-, who proved to me or, the basis of satisla-ctory evidence tc, be the persono,, whos& rrapneilo' IS/tff SLJDSCri;)0d TO V-1- vthirt insbiurneni anrul ackrK)v,!Iedg&1d JC; me �ua, Xeouted TIME, same in. aulhorize.d capacity, lift, and 4ha`Y by his/400M signature ll 3. ii I- instrumentthe personp. or the entity upon behall C)T' which the persont, acied, executed the instrumen"L I certify under, PENALTY OF PE-ERJURY under the laws of the State of California that the foregoing paragraph is. true and correct. W I FINESS my' d and officialsealSignaturNotarylace Notary Sea Abovr A Signature cf Notary Public OPTIONAL Though the information bptolw is riot required by lavo, it may prove valuable to persons relying or, the docLjmeR,j and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: -1j 0" Document Date: J Number of Pages: Signer(s) Other Than Named Above: Signer's Name: CHRISTOPHER-R. MORALES Signer's Individual individual * Corporate Officer —Title(s): PRESIDENT 'Corporate Officer — T itle(s): * Partner — 1-1 Limited F-1 General, W' ', Partner Limited E-! General --I Attorney in Fact ❑ Attorney 1111 Fac, a Trustee lop of thumb here 0, Trustee Top of thumb here Guardian or Conservator f Guardian or Conservator i Other: FJ Other: Signer Is Representing: j Signer Is Representing:---- CHRISTOPHER R. MORALES IN 02007 Naijonal Notary Association - 9350 De Soto Ave, RO. Box 2402 -Chatsworth, CA 91313-2402- www.NatonalNotarv.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 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 Controller Cabinet Changeouts at the intersections of Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue (CC-1199 and CC-1200), (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: i l I� Christopher It Morales, Inc® Contrac r (%Y-1 s�oPhe( i�f oru lei By Tres 1 &0 - 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 govermnent project because of a violation of law or a safety regulation? ® YesTo 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® Cont ctor 01lAVV>6) ef Hbmles 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: Contractor 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 09 r BIDDER certifies that the following information is true and correct: Bidder Name � `5 7&ucA(� Ne Business Address Cal ` )NWCAS CC-\� q V�1-3 City, State Zip 46q) 9gCI- Z'O i Telephone Number State Contractor's License No. and Class l 1 -1 _ Zoos ;- Original Date Issued 11tr.1950- 9.0)i Expiration Date C�Av,It46�hQc 1" oy- oi Ies The work site was inspected by Nt5V of our office on V �� t' .- , 200.1 The following are persons, firms, and corporations having a principal interest in this proposal: CVlr�l o her IL .oy0I,�3 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. Morales, Inc. Company Name Signature of Bidder ( iOY V�,�o V'h(2r 1qb r6140-9 Printed or Typed Signature Subscribed and sworn to before me this 11 day of NOV , 200 bq 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 withinthepast two years: Name and Address of Public Agency 2. 3. 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 Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California #Iounjv of LOS ANGELES UMON ,-, ARTEAGA A W.YFARY PUBLIC,' onfEl nefore naiki a.9p.e.firec, CHPISIMPHEF�' R, MORALES Name,', o6iq;,e�A MOON C, MZA COMInissfon At 11�55887 Notar/ Public - California Los Angolos County fOYCOMM. Expires Apr 29, 201 01 who proved to me on tine basis of satisfacciory evidenr-,e tl,, De th& personap)i whose rrairneol is/lIg. suscn-.ibe tc,rute s ) ()' witi-iin insiruiment and zack.novvledicueo' rc m;,, capacity(W, an6 triedby his/4821M signature(a ci�n the instrument the person (M entity I , or the entity upon behalf on which the person (f acted, executed the, instrument, i certify under PENALTY 0F PERJUIFRY sender the laws of the State of California that the toregoing-1, paragraph is true and correct. WITNESS any r d and official Sek-721 Signature Place Notary Sea! Above Signaulue of Nota-," Fluu;c OPTIONAL Though the information below is not required by lay-t/1 it may prove valuable to i i eiyin(,, on 1.0e do,'mment and could prevent fraudulent removal and reattachment of this form, to arlother document Title or Type of Document: Document Date: I Signerfs' Other T hart Named Above: I -2= Sianer'sName:— CHRISTOPHER R. MORALES Ej individual EX, Corporate Officer — Title(s): PRESIDENT 0,1 Partner — L'I Limited I I General Attorney in Fact F It Trustee Top of trnimb here Guardian or Conservator Ci Other: Number of Pages: --k --- Signer's Name:--- -] Individual EJ Corporate Officer — Title(s): Partner — --1 Limited [- General .-I Attorney in Fac: Trustee Top or thumb here r--, Guardian or Conservator Other: Signer is Representing: i I I Signer Is Representing: CHRISTOPHER R. MORALES--INr. 0 2007 National Notary Association- 9350 De Seto Ave , PO. Box 2402 -Chatsworth, CA 91313-2402 - www,NatiorialNotary.org Item 45907 Reorder Call Toll -Free 1-800-876-6827 Christopher R. Morales, Inc, 155 N. Eucla Ave., San Dimas, CA 91773 Phone (909) 599-2201, Main Fax (909) 599-2722, Estimating Fax (909) 599-0376 Completed References ➢ 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: $229,989 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 ➢ 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 Christopher R. Morales, Inc, 155 N. Eucla Ave., San Dimas, CA 91773 Phone (909) 599-2201, Main Fax (909) 599-2722, Estimating Fax (909) 599-0376 ➢ 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 Bui (949)724-7559 Date of Completion: July 2007 Percentage performed by our own forces: 100% Project Manager: Araceli Nieto ➢ 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 C-10 20 Civic Center Plaza Original Contract: $321,032 Final $343,097 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 Christopher Ike Morales, Inc, 155 N. Eucla Ave., San Dimas, CA 91773 Phone (909) 599-2201, Main Fax (909) 599-2722, Estimating Fax (909) 599-0376 ➢ City of Diamond Bar Golden Springs Traffic Signal C-10 21825 Copley Drive Original Contract: $383,740 Final $420,707 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 Flash Crosswalk Light Sys C-10 300 North Flower St. Original Contract: $128, 860 Final $137,912.22 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 ➢ City of Vernon Atlantic Blvd. and Bandini Traffic Signal C-10 4305 Santa Fe Ave. Original Contract: $226,689 Final $236,124.88 Vernon, CA 90058 Contact: Sherwood Natsuhara (323) 583-8811 Date of Completion: June 2008 Percentage of work performed by our own forces: 95% Project Manager: Jennie Pittman ➢ City of Pasadena CCTV Rosemont C-10 100 N. Garfield Original Contract: $205,000 Final $204,800 Pasadena, CA Contact: Reny Quijano (626) 744-6741 Date of Completion: July 2008 Percentage of work performed by our own forces: 75% Project Manager: Essen Menjivar ➢ City of Santa Ana Bristol Street Traffic Management Ph I & III 20 Civic Center Plaza Original Contract: $289,090 Final: $291,523 Santa Ana, Ca 92702 Contact: Bill Albright (714) 647-5029 Date of Completion: January 2009 Percentage of work performed by our own forces: 100% Project Manager: Araceli Nieto ➢ City of Pico Rivera New TS at Washington Blvd & Loch Alene Blvd 6615 Passons Blvd Original Contract: $133,151 Final: $ Pico Rivera, CA Contact: Romeo Ligason (562) 801-4350 Date of Completion: October 2008 Percentage of work performed by our own forces: 100% Project Manager: Araceli Nieto ➢ City of Santa Clarita Newhall Ranch Rd T/S Pole 23920 Valencia Blvd Original Contract: $40,684 Final: $44,096 Santa Clarita, CA 91355 Contact: Amalia Marreh (661)255-4363 Date of Completion: April 2009 Percentage of work performed by our own forces: 100% Project Manager: Araceli Nieto Christopher R. Morales, Inc, 155 N. Eucla Ave., San Dimas, CA 91773 Phone (909) 599-2201, Main Fax (909) 599-2722, Estimating Fax (909) 599-0376 ➢ City of Pico Rivera New TS at Rosemead Blvd & The Marketplace 6615 Passons Blvd Original Contract: $104,996 Final: $113,609 Pico Rivera, CA Contact: Jim Harris (909) 895-8800 Date of Completion: May 2009 Percentage of work performed by our own forces: 100% Project Manager: Araceli Nieto �-rl]49 INSCO INSURANCE SERVICES, INC. Insc(lb1co Underwriting Manager for: LLJ! p Developers Insurance Company . Indemnity Company of California Developers Surety and Indemnity Company 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, That we,__---- CHRISTOPHER R. MORALES, INC. as Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY .................................................... authorized to transact a general surety business in the State of -IOWA bound unto -----CITY OF -HUNTINGTON BEACH -------------------------- in the full and just sum of TEN -PERCENT -OF THE -AMOUNT -OF -THE BID --------------------------------------- I:Ti ►l�li•Id[�7 N/A a corporation as Surety, are held and firmly (hereinafter called the Obligee) Dollars, ($_ 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 CONTROLLER CABINET CHANGEOUT AT THE INTERSECTION OF MAGNOLIA ST AND GARFIELD AVE, MAGNOLIA ST AND ATLANTA AVE AND LAKE ST AND YORKTOWN AVE PROJECT NO: CC-1199 AND CC-1200 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- 13th CHRISTOPHEI? R. MORALES, INC. ID-1198 (Bid Bond) (REV. 12100) day of _NOVEMBER 2009 YEAR DEVELOPERS SURETY AND INDEMNITY COMPANY Surety �1A 0 -e Principal SHAWN BLUME Attorney -in -Fact CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMEVIT State of California County of RIVERSIDE On before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared SHAW4 BLUME who proved to me on the basis of satisfactory evidence to be the personA whose namewis/41-,—,subscribed to the within instrument and acknowledged to me that he/shrefthtt;y executed the same in his/hefMieir authorized capacity{ies), and that by his/hedthe-i-rsignatureJ4 on the instrument the persons or the entity upon behalf of which the person(g) 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. R. NAPPI WITNESS my hand and official seal. COMM. 41796916 cr NOTARY PUBLIC - CALWORNIA a s. RNERSIDECOUNTY (Notary Seal) V� My Comm. Expires June 7, 2012 Si ature of Notary Putlic 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 acknowledgmem completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment 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, any alternative acknowledgment rerbiage as may be printed on such a document so long as the verbiage does not require tine notary to do something that is illegal for a notary in California (i.e. certifying the authori_ed capacio, of the signer). Please cluck the document carefully for proper notarial wording and attach this form if required. • Stoic 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. helsheltlte), is /afe ) 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. 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 Abe 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 Attorneys) -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 attorneys) 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 Attomey 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: �,PANY Stephen T.Pate, Senior VicePresident ,=��` •.��'% �tr OpPOq, OCT. i ? ? 10 z OCT,5 By. Charles L. Day, Assistant ,© :. 1 9 3 6 :' 0 1967 C Z �... 1� . '}?a, g41FOP� State of California County of Orange On August 13th, 2008 before me, Jenny TT Nguyen 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) is/are subscribed to the within instrument and acknowledged to me that he/shelthey 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 comm # 1'7916Q which the person(s) acted, executed the instrument. NOTARY PUBLIC CAi1FUNA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COMUNMW true and correct. 1(0odrrmt, e)oms F 1% 20 2 WITNESS my hand and official seal Place Notary Seal Above Signature � Je TT Ng n I 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, the 13 t1tay of NOVEMBER 2009 By: Albert Hiliebrand, Assistant ecretary ID-1380(Wet)(Rev.07/07) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES On ` n _. before me, -- RAMON C. ARTEAGA A NOTARY PUBLIC---- - DateL I Her^ Insert Name and Title of the Officer personally appeared _CHRISTOPHER R. MORALES _._—.----------_-- - Names) of Sg�erfsj who proved to me on the basis of satisfactory evidence to be the person ) whose name( is/W subscribed tc= the within ins rumen and acknowledged to me that heltUOYAmw executed the same in his! author ize.ld jok capacity(WO, and that by his/signature on the RAfutON Z. :ARTFII-,A instrument the person(*, or the entity upon behalf of Commisslon 1655887 Q z = << which the person acted; executed the instrument. Notary z = ry Public - California z Los Angeles County > y My Comm. ExplresApr29,2QtpI certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h d and official seal. — Place Notary Seal Above Signature Signature of Notary Puolic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the docurrmen_ and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title Title or Type of Document: Document Date: \A�� d1 __ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _- CHRISTOPHER R. MORALES Ci individual ® Corporate Officer — Title(s): PRESIDENT Ci Partner — ❑ Limited __1 General E Attorney in Fact Trustee Top of thumb here D11 Guardian or Conservator 171 Other: Signer Is Representing: CHRISTOPHER R. MORALES TN Signers Name ____-_ Individual Corporate Officer — Title(s, _I Partner —__; Limited __1 General Attorney in s=ac. Trustee -'. Guardian or Conservator Ci, Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER `! Tc)p of thumb here 02007 National Notary Association • 9350 De Soto Ave-, PO. Box 2402 • Chatsworth. CA 91313-2402 • www.Nationa]Notary.org Item #5907 Reorder Call Toll -Free 1-800-876-6827 CITY OF HUNTINGTON BEACH CITY CLERK'S OFFICE 2000 MAIN BEACH CA, 92648 SEALED BIDS FOR: TRAFFIC SIGNAL CONTROLLER CABINET CHANGEOUTS AT THE INTERSECTION OF: MAGNOLIA ST AND GARFIELD AVE MAGNOLIA ST AND ATLANTA AVE AND LAKE ST AND YORKTOWN AVE CC• 1199 AND CC-1200 DO NOT OPEN WITH REGULAR MAIL BID DATE: NOVEMBER 17,2009 AT 2:OOPM City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK March 1, 2010 Christopher R. Morales, Inc. 155 N. Eucla Ave. San Dimas, CA 91773 Attn: Christopher Morales Re: Traffic Signal Controller Cabinet Changeouts — CC-1199/1200 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. Sincerely, e�_ 44C) ?an L. Flynn, CIVIC City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister Ci?iMLOIA4R)b�,,sr5M�hashWhif Off New Zealand (Telephone: 714-536.5227 ) CONTIIA.C'TOR9S 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: - �/ --U 3. Name: [Type Name] Title: [Type Title] 245914 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] E , IF R CUa- t� O_ A ORNEY -P-) 3-_2Y6"UP 1 245911 1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit 'requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 20 , at , California. (Type Contractor Name) By: _ Name: Title: [Type Name] [Type Title] -ns o3• ab - U�o 247542A AC®R ,,, CERTIFICATE F LIABILITY INSURANCELAS LZ ASIG-2 DATE{MMlDDIYYYY) oa as to PRODUCER Hamilton Brewart Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE California License No. OD69219 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 1949 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Upland CA 91785-1949 Phones 909-981-5210 Pax:9Q9-985-3448 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURERA: Travelers Property Casualty Co INSURER B: Travelers Casualty a surety Co Christopher Mr. Ram ,�j her rtt eaga Morales, Inc. 155 N, Eucla San Dimas CA 91773 INSURERC: National Union Fire INSURERD: golden eagle insurance Corp. INSURER E: Continental insurance company COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM DDiYY A E MMIDDIYIRATY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A 7I ! COMMERCIAL GENERAL LIABILITY CLAIMS MADE D OCCUR DTZC077011q847TIL09 07/14/09 07/14/10 -PREMISES Eaoccur� en� $300,000 MED EXP (Any one person) $ 5,000 PERSONAL& ADV INJURY $ 1, 000, 000 A $ $5, 000 Dad. GENERAL AGGREGATE $ 2, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 , 0 00 , O O 0 POLICY X JEST LOC D AUTOMOBILE LIABILITY $ ANY AUTO BAS197683 10/10/09 10/10/10 COMBINED SINGLE LIMIT (Ea accident) $ 1, 000, 000 ALLOWNEDAUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ D D D D $ HIRED AUTOS X NON -OWNED AUTOS X Physical Damage AP EDAS 7V FORM BODILY INJURY (Peraccident) $ PROPERTY DAMAGE (Per accident) $ X Com /Coll $1,000 GARAGE LIABILITY ' AUTO ONLY. EA ACCIDENT $ OTHERTHAN EA ACC AUTO ONLY: AGG $ FANY AUTO ����� / $ EXCESSIUMBRELLALIABILITY EACH OCCURRENCE $ 5, 000, 000 C g OCCUR CLAIMSMADE BE025870420 08/20/09 07/14/10 AGGREGATE $ 5, 000, 000 $ RDEDUCTIBLE $ RETENTION $ 0 $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below DTACRUS3522P67710 01/01/10 01/01/12 rl X TORY LIMITS I I ER E.L, EACH ACCIDENT $ 1, 000, 000 E.L. DISEASE - EA EMPLOYEE $ 1, 0 0 0 , 0 0 0 E.L. DISEASE - POLICY LIMIT $ 1, 0 00 , 0 0 0 OTHER E inland Marine 4016395225 04/15/09 04/15/10 Leased & $100,000 Rented $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project# CC1199-1200. Installation of Traffic Signal Controller Cabinets.The City of Huntington Beach, its officers, agents and employees are named as additional insured as respects to General Liability per form CG20101001 & C920371001. *10 day notice of cancellation will be given for non-payment of premium. CERTIFICATE HOLDER CANCELLATION HUNTIN2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0'* DAYS WRITTEN City of Huntington Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $0 SHALL At tn: Duane Wentworth IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 2000 Main St. REPRESENTATIVES. AU D i%BBNSBTIVE Huntington Beach CA 92648 iawrcu AD (AUUTIva) ©ACORD CORPORATION 1988 POLICY NUMBER: DTEC07701 N847TIL09 COMMERCIAL GENERAL LIABILITY CG 20 3710 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, 01, This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person orOrganlzation: City of Huntington Beach, its officers, agents and employees 2000 Main St. Huntington Beach, CA 92648 Location And Description of Completed Operations: Project#CC1199 & 1200. Installation of Traffic Signal. Controller Cabinets. Additional Premium: NONE (If no entry appears above, Information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) Section 11 — Who Is An Insured is amended to Include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products -completed operations haz- ard". CG 20 3710 01 0 ISO Properties, Inc., 2000 Page 1 of 1 ❑ POUCYNUMBER: DTEC077.01N847TIL09 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City ot Huntington eac its officers, agents and employees 2000 Main St. Huntington Beach, CA 92648 (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to !- ability arising cut of your ongoing operations per- formed for that insured. S. With respect to the Insurance afforded to these additional Insureds, the following exclusion is added: 2. Exclusions This Insurance does not apply to "bodily Injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional Insured(s) at the site of the cov- ered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to Its Intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. CO 20 10 10 01 ©ISO Properties, Inc., 2000 Page 1 of 1 RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer V2a,-----SAbQ1d Lia-i-1 FROM: :f CIO7 DATE: C) SUBJECT: 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. MSC No. Approved /.1.4 /0 9 (Courtfil Approval Oat �r t Agenda Item No. City Clerk Vault No. / . 91 �dO. Sly #27 g1followup/bondletter.doc PREMIUM: $460.00 EXECUTED IN TRIPLICATE KNOW ALL PERSONS BY THESE PRESENTS, Bond No. 763602P WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, by written agreement dated . 20_, entered into a contract with CHRISTOPHER R. MORALES, INC. 155 N. EUCLA AVE, SAN DIMAS CA 91773 (name and addrmm of contractor) (hereinafter referred to as "Principar'), for performance of the work described as follows: CC-1199/1200, TRAFFIC SIGNAL CONTROLLER CABINET CHANGEOUTS (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein to full. WHEREAS, said Principal is required under the terns of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE, we, the undersigned, as Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY 2122 E. HIGHLAND AVE STE 350, PHOENIX AZ 85016 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of Califomia and hereinafter referred to as "Sure l(yy"} as Surety are held and firmly bound unto City in the penal sum of KkTY-EIGHT 'THOUSAND NINE HUNDRED EIGHTY-SIX AND NO11O0 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($,48, 986.00 - - ),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 tinder this Bond. Surety waives notice of any adjustment of contract time or contract price, and 277541.1 PERFORMANCE BOND Page l of 2 Bond No. 763602P 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 patty'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: JANUARY 12 , 2010 ATTEST CHRISTOPHER R. MORALES, INC. (Corporate Seal) (Principal Name) By: &11� Name: CAr 5 Ora s Title: ATTEST DEVELOPERS SURETY AND INDEMNITY COMPANY (Corporate Seal) (Surety Name) By: Name; MICHA . STONG (Signature of A omey-in-Fact f (Attach Attomey-in-Fact Certificate) 6l 02) 522-2663 (Area Code & Telephone Number of APPROVED AS TO FORM, CiTY O UNTINGTON BEACH ae&nnftr Mc ath �jts/8G ity Attorney Note. Thfs bond must be executed in duplicate and dated, all sfgnafurea must be notarized, and ev/dence of the authority of any person signing as attoMey4n4act must be attached. a77SN.1 PERFORMANCE BOND Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOS ANCELES 0n �_-- �_ �q lq before rne. RAMON-C. ARTEAGA A NOTARY PUBLIC aFe Here Inseri Name and Tdle of the Office: CHRISTOPHER R. MORALES personally appeared ---------- ------------- ------------------------------- Name(sj of Stgner(s) who proved to me on the basis of satisfactory evidence to be the Dersono) whose name( is/jV subscribed to thE, within instrument and acknowledged to !tee tha hei executed the same in his/balffift authorize; capacity(✓, and that by his/01NM signature ' on the instrument the person(*or the entity- upon behalf, of WJVUN C- ARTEAGA which the personf$ acted, executed the instrument. Commission # 1655887 Z ` u Notary ngellPublic _ California I certify under PENAf_T Y OF PERJURY under the laws Las Anr�efes County — f"tycomm.ExpiresApr24,2Q1 of the State of California that the foregoing paragraph i= true and correct. WITNESS my d and official sea`. Signature Place PJotary 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 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: CHRISTOPHER R. MORALES_ Signer's Name: Individual =' individual III Corporate Officer — Title(s): PRESIDENT _ Corporate Officer — T itle(s): =1 Partner — Limited General 1 Partner — CJ 'limited -i General Attorney in Fact • = Attorney In Fav_ • Top of thumb here Top of thumb here Trustee ❑ Trustee Guardian or Conservator Guardian or Conservator 1 ❑ Other: I Other: 1 Signer Is Representing: Signer Is Representing: CHRISTOPHER R. MORAT,R.(� TNt-. I 02007 National Notary Association- 9350 De Soto Ave., PO. Box 2402 • Chatsworth CA 91313-2402 • www.NahonaiNotary.org Item #5907 Reorder Call Toll -Free 1-800-876-682 i State of California County of RIVERSIDE On l�1 a —id before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the person.(.a'f whose name(s)ls/are subscribed to the within instrument and acknowledged to me that he/she/#Itey executed the same in his/IierA4teir authorized capacitykia4 and that by his/Ietloir signature(<on the instrument the person e'f, 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 Pahl r :.. R. NAPPI _ COMM. #1796916 Ix NOTARY PUBLIC - CALIFORNIA y RIVERSIDE COUNTY Cr (Notary Seal) 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 Arty ackno+rledgmem completed in California must contain verbiage exactly as appears above in the notary section or a separate admowledgmetn 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, arty ahemative acknrnvledgment 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 it? California (i.e. certifying the authork-ed capacity of the signer).' Please check file document carefulli for proper notarial wording arid atach this form ifrequired. • 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 a1 the time of notarization. • Indicate the correct singular or plural forts by crossing off incorrect forms (i.e, helsheilhey- 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 -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 vl2.10.07 800-873-4865 itiww.NotaryClasscs.com 'r ... ........... _... „ __ PREMIUM INCLUDED IN PERFORMANCEBOND Bond No. EXECUTED IN TRIPLICATE BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: 763602P 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: CC-1199/1200, TRAFFIC SIGNAL CONTROLLER CABINET CHANGEOUTS (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 FORTY-EIGHT THOUSAND NINE HUNDRED EIGHTY-SIX AND NO/100 dollars, ($ 48,986.00 - - - - - -), 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, 277519.1 PAYMENT BOND Page i of 2 Bond No, 763602P 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 §§ 2846 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: JANUARY 12, 2010 ATTEST (Corporate Seal) ATTEST (Corporate Seal) (Attach Attomey-in-Fact Certificate) CHRISTOPHER R. MORALES, INC. (Principal Name) BY' Name: _ _C.1Nr_ 4 W ze Its: t'f 2swk-i"\ DEVELOPERS SURETY AND INDEMNITY COMPANY (Surety Name) By; Nam MIC -EL (Signature of Attorney -in -Fact for Surety) 6 6( 021 522-2663 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH e. By,le"nniferMoUrath s/,��y Attorney Note: This bond must he executed to duplicate and dated, aN signatures most be notarized, and evidence of the authortty of any person signing as attorney -in -fact must be attached, 2»SR9,1 PAYMENT BOND Page 2 of 2 State of California County of LOS APdGELES Or-,-___-�1i�-���%�---- f,�;or n,e; RAMON C., ARTEAGA 9. W)TAR-3 PUPLT(' I "u ce Here ruse,+ Name and JMe of the O lice+ HRISTOPHER R. MORALES personalif aprDeared C----- - -- -- - --_ r RAMON C. 4TEA A Commission # 7655887 z : "� _ . „ Notary Public _ California ` Los Angeles County o My Cmm. Expires Apr 29, 2010 r who proved to me. on the basis of satisractory evidence "to be the person0) whose nanne(o is/o subs3ribed, to the-, within instr ume, tt and acknliledged to rne that he/sMftoy executed Me same in hls/ - aufl"iori e capacity ;, and that by his/j3M91M signature ' of E the. instrument the personp. or the entity upon behalf of which the personti acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the fcregoing paragraph is true and correct. WITNESS my rid and official seal. Signature Place Notary Seal Abovr, OPTIONAL pp TON /g g Signature of Nota-y F, nc �1.!>� q IQ.J/tlFilL P�( Though the information below is not required by law, i1 may prove ;valuable to persons relying on th€ dccurne, rt and could prevent fraudulent removal and reattachment of this form to another dc6rrienl, 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 - Signers Name: _ CHRISTOPHER R. MORALES Signer's Name:___` -i individual D' individual fX Corporate Officer — Title(s): PRESIDENT D Corporate Officer — Title(s): Partner — i! Limited=1 General C� Partner — ;Limited D General Attorney in Fact aU�ID Attorney in Fact ;_i Trustee Top of thumb Here 1 Trustee Too of thumb here 1 - I D Guardian or Conservator ❑ Guardian or Conservator Other: ❑ Other: Signer Is Representing: Signer Is Representing CHRISTOPHER R. MORALFS L ©2007 National Notary Association • 9350 De Soto Ave , PO Box 2402 • Chatsworth, CA 91 +13-2402 • www.Nationa]Notary.org Item 1i5907 Reenter: Call T011-Free 1-800-876-682 7 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On t`—� � f(t before me, R. NAPPI "NOTARY PUBLIC" (Here insen name and title of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the person.(<whose name(s'f is/are- subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/h} r authorized capacity(ic4 and that by his/Iw=Ahr�ir signaturc(,<on the instrument the personX, or the entity upon behalf of which the person(.sfacted, 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. R. NAPPI WITNESS my hand and official seal. COMM. #1796916 Q ' "4 ^ " NOTARY PUBLIC - CALIFORNIA N RIVERSIDE COUNTY (Notary Sea]) My Comm. Expires June 7, 2012 Signature of Notary Publ' „e�� 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 aclalovledgmew completed in California rmtst contain verbiage exactly as appears above in the notary section or a separate aclntosviedgment form most be property completed and attached to that document. Tire only exception is if a document is to be recorded outside of California. in such instances.. any alternative acknowledgment, verbiage as mar be printed our such a document so long as the verbiage does nor require the notary to do something char: is illegal for a-notan, in California (i.e. certifying the authorized capacty, of iite signer): Please check the document careftdly for proper notarial irording.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 foracknowledgment, • 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 siguici(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e, iwlsheldwy,- is lace ) 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. Addilianal information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. indicate tide or type ofattached 'document, number ofpages 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 vl?.10.07 800-873-9865 tnnv.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 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 Attorneys) -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 Attorneys)-m-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 allorney(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 AN By ce _ Stephen T. Pate, Senior Vice President p p RATQ OCT By iw10 C1 Charles L. Day, Assistant Secretary /0wP •'rya State of California k •, County of Orange On _ August 13th. 2008 before me, Jenny TT Nguyen Notary Public Date Here Insert Name and Title of the Officer personally appeared JENNY TT NGUYEN COMM. #i 1791$40 T NOTARY PUBLIC CALSOFOM ORANGE COURW t �y Comm. expires Feh 18, 2M Place Notary Seal Above T. Pate and Charles L. De Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature r Je TT Ng n CERTIFICATE I 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, the day of By: I Albert Hillebrand, Assistant 5ecretary ID- 1380(Wet)(Rev.07/07) �� d• ,�� gip.' w�/ ,,�. �.1 < J �"��--�r )p. �._.r Council/Agency Meeting Held: dJ Deferred/Continued to: �§Approv d ® Conditionally Approved ® Denied Ci le rk ignat Council Meeting Date: 12/21/2009 Department ID Number: PW 09-61 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY CO IL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIS R PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECT R OF PUBLIC WORKS SUBJECT: Award Traffic Signal Controller Cabinet Changeout Project at Three Locations Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On November 17, 2009, bids were opened for the Traffic Signal Controller Changeout project at the intersections of Garfield Avenue at Magnolia Street and Atlanta Avenue at Magnolia Street (CC-1199) and at Yorktown Avenue and Lake Street (CC- 1200). City Council action is requested to award the contract to Christopher R. Morales, Inc., the lowest responsive and responsible bidder. Funding Source: Funds in the amount of $363,000 remain budgeted in OCTA Grant Fund, TSCOUP, Account Number 87390004.82700 for construction of the upgrades. The total project funding is $750,000, a combination of an OCTA grant ($600,000) and Measure M funds ($150,000). Equipment replacement at 52 other locations was completed by City forces. Recommended Action: Motion to: 1. Approve the project plans and specifications for the Traffic Signal Controller Changeouts at Three Locations (CC-1199 & CC-1200); 2. Accept the lowest responsive and responsible bid submitted by Christopher R. Morales, Inc., in the amount of $ 48,986.00; 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 alternative direction. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/21/2009 DEPARTMENT ID NUMBER: PW 09-61 Analysis: The Public Works Department applied for and obtained a grant to partially fund the upgrades of 55 traffic signal controller cabinets located throughout the City. These upgrades allow for greater versatility with the operations and communication capabilities of the traffic signal control equipment. The majority of these cabinet changeouts have already been completed by City forces; however, there are three locations where the work efforts are more complex. These locations involve significant conduit, wiring and concrete work, therefore requiring the resources of an electrical contractor. The existing traffic signal controller at the intersection of Garfield Avenue and Magnolia Street is located within a corner access ramp in an outdated cabinet with the electrical service attached to the side of the cabinet. The project will remove the existing controller cabinet and foundation, install a new traffic signal cabinet with a separate electrical service cabinet, install a new ADA compliant curb ramp, and reroute the conduits that currently terminate within the boundaries of the curb ramp. At the intersections of Atlanta Avenue at Magnolia Street and Yorktown Avenue at Lake Street, the work includes the removal and replacement of the existing traffic signal controller cabinet and foundation, and the installation of a new electrical service cabinet and conduit installations. 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 November 17, 2009, and are listed in ascending order: Bidder Submitted Bid 1 Christopher R. Morales, Inc. $48,986.00 2 Terno, Inc. $52,944.00 3 Macadee Electrical Construction, Inc. $54,745.00 4 International Line Builders, Inc. $55,740.00 5 AK Engineering $57,013.00 6 Steiney & Company, Inc. $58,829.00 7 Moore Electrical Contracting, Inc. $59,321.00 8 PTM General Engineering Services, Inc. $64,640.00 9 Lincoln Pacific Builders, Inc. $64,800.00 10 Pro Tech Engineering Corporation $71,000.00 11 JFL Electrical $85,078.00 12 CSI Electrical Contractors, Inc. $88,900.00 The engineer's estimate for the bid items was $89,000. The total estimated construction cost for this project is $61,000, which does not include the City's direct purchase of all major equipment. The major materials were purchased with the previous phases of the project. -2- 12/3/2009 2:52 PM REQUEST FOR CITY COUNCIL ACTION MEETING ®ATE: 12/21/2009 DEPARTMENT I® NUMBER: PTV 09-61 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. Public Works Commission Action: The Public Works Commission recommended this project on October 21, 2009, by a vote of 6-0-1 (McGovern absent). Strategic Plan Goal: Maintain, improve and obtain funding for public improvements. Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15303 (c). Attachment(s): -3- 12/3/2009 2:52 PM ATTACHMENT rftv CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING Location Map Traffic Signal Modifications CC-1199 & CC-1200 ATTACHMENT t INITIATING DEPARTMENT: Public Works, SUBJECT: Award Contract for Traffic Signal Controller Cabinet Chan eouts at Three Locations COUNCIL MEETING DATE: December 21, 2009 `Ar,TTH E = SAT 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) Attacheducable Not A 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 RCA Author: Janusz:jg CITY OF HUNTINGTON BEACH I P, TRAFFIC SIGNAL CONTROLLER CHANGEOUTS CC-1199/CC-1200 BID OPENING: NOVEMBER 17, 2009 @ 2:OOPM ENGINEER'S ESTIMATE: $89,000 BIDS SUBMITTED (AS READ AT OPENING) No. BIDDER'S NAME II�ANICE �4PPAIaENT BID:AM®UN 1 A B Construction Systems 2 AK Engineering / -- 3 Christopher Morales -®- 4 CSI Electrical Contractors, Inc. 5 Global Road Sealing, Inc. 6 ILB (International Line Builders, Inc.)- 7 JFL Electrical 8 Lincoln Pacific 9 Macadee Electrical Construction, Inc. �--� 10 McCain Traffic Supply 11 Moore Electric �1 12 MSL Electric, Inc. 13 Pointer Enterprises, Inc. 14 Pro Tech v 0 00 --- 15 PTM General Engineering 16 Republic ITS 17 Steiny & Company, Inc.'� -�- 18 TDS 19 Team Econolite 20 Terno, Inc. %LUG 9�- 0(211ADC) 1`3 Old I I 0 0 * ? It IJ L I A I_i . YL En ® eer°s Estimate: � BLD LIST J[)lJl�l/ER-SfY1Y11'll'r -lull-fig - TO1CAL�� �b11-tl S- 1. $ 5. $ 6. $ 7. $ 10. $ I1. $ 12. $ 13. $ 14. NOTICE INVITING SEALED BIDS for CC-1199 & CC-1200 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 2:00 PM on November 17, 2009, at which time bids will be opened publicly and read aloud in the Council Chambers for the Traffic Signal Controller Cabinet Changeouuts, CC- 1199 & CC-1200 in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting October 29, 2009 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $30.00, sales tax included, if picked up or $50.00 if mailed. 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 on the 8th day of September 2009, by RESOLUTION 2009-50. Joan L. Flynn City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 CC-1199 CITY OF HUNTINGTON 2000 Main Street P.O. Box 1 90 Huntington Beach, CA LETTER OF TRANSNUAL 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: October 22. 2009 ProjecK.C. No.: C.C. Nos. 1199 and 1200 Regarding: Traffic Signal Controller Cabinets Changeouts ❑ 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 # Co pies= Pages- Description, 1 1 1 Notice Inviting Sealed Bids for CC-1199 and CC-1200, Traffic Signal Controller Cabinets Changeouts 2 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 2009-50 (adopted on September 8, 2009), the City Council authorized the advertisement of the above Traffic Signal Controller Changeouts, Projects CC-1199 and CC-1200. Please find attached the Notice Inviting Sealed Bids for advertisement on 10/29/09, 11/5/09 & 11/12/09. The bid opening is scheduled for 11/17/09. Please contact me at 374-1628 with any questions you may have. cc: file By: William F. Ja , Principal Ci4trigineer GACONSTRUCTION CONTRACTS (CCS)\CC1199\PRE BID\NISB TRANSMITAL TO CLERK -CC -I 199.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): October 29, 2009 November 5, 12, 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on November 12, 2009 at Costa Mesa, California Signat NOTICE INVITING SEALED BIDS f for CC-1199 & CC-1200 ". 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 2:00'PM on November 17, 2009; at which time bids will be opened publicly and read aloud in the Coun= cil Chambers for' the Traffic' Signal Control - Fe r. Cabinet Changeouts, CC-1199 & CC-1200 in the City - of Huntington Beach., ,y A set of plans„ specifications, and. con, ! tract documents maybe obtained starting.O.cto= ber 29, 2009 at City. Hall, : Department of Public Works upon.: re- ceipt of a non- refundable ,fee of $30.00, .sales tax in', cluded, if picked 'up or i $50.00 if mailed. ' Each bid shall ' be made on the Proposal! Form .provided .in the! contract documents, ` and shall be accompa-'j nied' by a certified on; cashier's check.or a bid,'., bond for not less than 10% of the amount 'of the . bid, made.' payable,, to -the City of Hunting;; ton Beach. The Contrac- tor shall, in the per-, formance of the work and improvements, con- form to,the Labor Code of the State of Califor nia and other Laws of; the State of California applicable thereto, witK the exception' only of such variations that may be required under, the special statutes pur !! suant to which proceed-, kings hereunder are takl en and which have not f been superseded by the provisidns of the'Labor Code. Preference to la" bor shall be given only in the, manner provideds by law. . ' No bid shall be consid-:' ered unless it is made' on a form furnished by''. the City :of Huntington.: Beach, Department. of. Public, Works, and is;j'� j made in accordance with the provisions of• t h e p r o p o s a I;! requirements. Each bidder must be; licensed as required by law. The City. Council.of they J City of; Huntington Beach reserves the right' i to reject any or all bids. By. order of 'the, City, Council of the .City .of; I Huntington Beach, Cali- fornia on'the.8th day of. September ' 2009, by: l RESOLUTION 2009-50. /s/1oan:L.Flynn� City Clerk of the City of, Huntington Beach 2000 Main Street._ . (714) 536-5431 Published Huntington Beach Independent Oc- tober 29, November 5, 12,2009 - 1005-009' 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. STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE i 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): October 29, 2009 November 5, 12, 2009 declare, under penalty of perjury, that the foregoing is true and correct. Executed on November 12, 2009 at Costa Mesa, California Signat i NOTICE INVITING 3 SEALED BIDS for. ((-119,9 & ((-1200 Noticeis. 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 2:00 PM'on j November 17, 2009, ; at which time bids will i be opened publicly and read aloud in the Coun- cil Chambers for the - Traffic Signal Control- 1 e r, C a lb n e t Changeouts, CC=1199, & CC-1200 in the,. ity t of Huntington Beach, -` A set of 'plans, I ,specifications,. and con- tract documents may be obtained starting Octo- ber. - 29_ 2009 at City j Hall.Department" of i -Public Works upon re cei.pt, -o,-f a' -'non- i refundable fee of { $30.00, sales tax in- cluded, 'if picked up .,or $50.06 if mailed. Each ; bid'" shall be made on the. Proposal Form provided in the contract documents, and shall be accompa- nied by a certified or cashier's check or a bid bond for not less than.l 10% of, the amount" of the bid, made. payable to the City of Hunting- ton 'Beach. The Contrac tore shall, in the.. per- formance ' of the work and improvements,.con-.� form to the Labor Code ' of the State of.Califor- nia and other Laws of the State .;of California i applicable =thereto, with ] the exception only " of such variations that I may be required under I the special statutes pur- i suant to which proceed., ings;hereunder' are tak- en and which ,have not been superseded by. the I provisions of the' Labor Code. Preference to la- bor -shall be: given only in the..manner provided' bylaw. No •bid -shall be consid-� ered 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, f h' e p "r',o p o s a l requirements. Each bidder must be licensed as required by law. , The City Council of the 1 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, Cali-' forma on the 8th day of September; 200% , by, F ESOLUTION 2009750. /s/.Joan L. Flynn City Clerk'of.the City of, HuntingtonYBeach 2000 Main Street. (714) 536-5431 Published � Huntington'! Beach Independent Oc-, tober_ 29,. November, 5, i 12, 2009 _-...'1605-009 1 Unsuccessful Bids CC®1199 ON- CC-1200 Traffic signal . City of Huntington Bear 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK March 9, 2010 AK Engineering 1254 S. Waterman Ave. #17 San Bernardino, CA 92408 RE: CC-1199 & CC-1200 — Traffic signal controller cabinets change outs Enclosed please find your original bid bond for CC-1199 & CC-1200. Sincerely, JF:pe enclosure Sister Citie�yfo)BWpA4P4dnl rAt ,MkWdcNc ew Zealand ( Telephone: 714-536-5227 ) r City of Huntington Beach Public Works Department 2000 Main Street . Tel. (714) 536-5431, Fax (714) 374-1573 For Traffic Signal Controller Cabinet Changeouts — CC 1199 & 1200 November 9, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: The following paragraph shall be added to Section 303-5.9, CONCRETE AND MASONRY CONSTRUCTION, Measurement and Payment. Payment for the replacement of any sidewalk, curb, gutter or driveway which is broken or damaged by the Contractor's operations shall be included in the price bid for the traffic signal modifications and no additional payment will be allowed therefore. This is to acknowledge receipt and review of Addendum Number One, dated November 9, 2009. - 'K- EJ(rItJ EERI i\J 6- Company Name iI- wl -,-),-b05 Date blala i ILW'D By All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at (714) 536-5431. SECTION C PROPOSAL for the Traffic Signal Controller Cabinet Changeouts at the intersections of: Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue And Lake Street and Yorktown Avenue CC Nos. 1199 and 1200 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 30 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 C-1 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. 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 i OZ. a )C� J 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 Project Bid Schedule Traffic Signal Controller Cabinet Changeouts At the Intersections of Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue CC-1199 and CC-1200 Item= 1 Estunated 1 L.S. x , Item g." PndZU tL°s<:-.> Mobilization. $ 0 Per L.S. 2 1 L.S. Furnish Project Traffic Control. OCR \ Per L.S. 3 1 L.S. Modify Traffic Signal at Magnolia Street �- and Garfield Avenue. $� $ `—f�?-( lion , Per L.S. 4 1 L.S. Modify Traffic Signal at Magnolia Street and Atlanta Avenue. $ Per L.S. 5 1 L.S. Modify Traffic Signal at Lake Street and/�/` Yorktown Avenue. $-� CT> $ Per L.S. 6 1 E.A. Construct Curb Ramp per Caltrans Standard Plan No. A88A, Including $ $� . Adjacent Gutter Plate and AC Paving Replacement. Per EA. Total Amount Bid in Figures: $ �� Q 7� r QJ Total Amount Bid in Words: $ S Note: The City will provide the traffic signal cabinets, the traffic signal electrical service cabinets and the push buttons at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. 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. Portion Name and Address of Subcontractor State License Class of Work 1Vumber 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 9rftnge 1-,-- 10, M A- i l__ , being first duly sworn, deposes and says that he cue is (milyl e- r of i4 k G 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. 6 k En)G I P� 6— Name of Bidder Signature of Bidder 1 Z 5' S , Ay-e . I1 s41711 -Ili,U Address of Bidder ep • 42 yo Subscribed and sworn to before me this day of 1KJ 8— , 2001. NOTARY PUBLIC NOTARY SEAL C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California \ /) SS. County of San Bernardino On I1 r iq 0q before me, Balisha T. Averhart, Notary Public Name and ritie of Officer (e.g., "Jane Doe, Notary Public") personally appeared V0t'YL{A Y� V-) q h Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, BAIISHA T. AVERFIART and that by his signature on the instrument the commission # 1638631 person, or the entity upon behalf of which the person a ,'?' Notory Public - COMOM10 acted, executed the instrument. son Bernardino County Mycomm,Explies.ion17,2t31 1 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./ h Sighaturd 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: ® Individual O Corporate Officer Title O Partner -- ® Limited ® General ® Attorney -in -Fact ® Trustee ® Guardian or Conservator Other: Signer is Representing: Top of thumb here 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 Controller Cabinet Changeouts at the intersections of Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue (CC-1199 and CC-1200), (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: It - )-I- 2b,o5 AK EN)CYi o Contractor iAmJ-.k- kAJJ By nW n e-s- 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 U11 CO 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: `l —1-1 — Z—t a 5 Ak- Er,4 i�i�-JLee1-SG- Contractor KavyxA k "" By VJA�— 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: A k E/V(r / Nf e= 1e, iL Contractor By () Title Date: 11 --11- )- 6 o q 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: k- UQ (r (0 Bidder Name 125N S- WAGN ►nu„ hW-. #^7 Business Address sck V1 & raar etik,-7 64-• 2- eld ?.? City, State Zip 65 9) k9 e,— C) 5 2- 6 Telephone Number 905_933 )+ 8 � c—r/> State Contractor's License No. and Class Original Date Issued 1k-30 -Z Expiration Date The work site was inspected by 4mA-l- kuAL,of our office on W6V , 5 , 200.7 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. A k Ew Cs , � ��,2 ►s C,- Company Name Signature of Bidder KAftAA-L k1-ALtL Printed or Typed Signature Subscribed and sworn to before me this J IL day of N 0 L/ , 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. '+ 4 0 f G 1-e s G t 1(6 Fo L, L W, 11 3111- G I-„ cbt- r Nam and Address of Public Agency Name and Telephone No. of Project Manager: 10-5b n Roe k r Isar n (- 2 (.1-i 1 �A - �Z53 e� 91� ci — J r� , I S,��Q `��-- 25 Ica 1 Contract Amount Type of Work Date Completed 2. Cun ��j o f +iu-s�It 35 ZS Iq4 S�-- Qioats`jL_ Ce$� ` So Name I Name an Address of Public Agency Name and Telephone No. of Project Manager: ( A-Q Ivy C N D c S-A 452 - 2S `f - q,3 ��� �� 06 -� Pr. n c� Contract Amount 3. C " o , U Ae I e,A o Name Ind Address of Public Agency Type of Work - 31-- kt)' Date Completed Name and Telephone No. of Project Manager: /ql-e + SGI+-e, 107 — 93/— 41 ego Contract Amount Type of ork Date Completed C-10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ` /) SS. County of San Bernardino On I I� 1 �� before me, Balisha T. Averhart , Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared (C G M Or I V_k ct l i Name(s) of Signer(s) �.�..� 8ALISHA T. AVER? Commission # 1638631 L-00M Notary Public - Colifornio San 8ernordino Coun y Comm. N Expires km 17, 2010 who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 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 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: ® Individual ® Corporate Officer Title ® Partner -- ® Limited ® General ® Attorney -in -Fact ® Trustee ® Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here FINANCIAL PACIFIC INSURANCE COMPANY P.O. Box 292220, Sacramento, CA 95826 BID BOND B912303 BID DATE November 17 2009 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 of 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 Controller Cabinet Changeout (Bid #CC1199 & CC1200) 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 Otligee; 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 13th day of November, 2009. Financial Pacific Insurance Company A[< (Surety) (Principal) By: C'_ By: k�Qtv.a� Susan C. Monteon,Attomey-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino On November 13, 2009 before me, Pamela McCarthy, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Susan C. Monteon Q FAMELA, MiCCART HY C(X,i . ## 1659202 � ® NOTARY PUBLIC — CALIFopNIA Sued SERtNARDWO oOUNTy — M) COGIm. Expires Ap,ii 3-? 2010 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 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. OPTIONAL )-27v 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. 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: O Individual O Corporate Officer Title ® Partner -- O Limited O General 0 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 B912303 POWER NUMBER 912303 PRINCIPAL AK Engineering PENAL SUM 10% of Amount Bid. KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation (the "Company"), does hereby make, constitute and appoint: Jay P. Freeman, 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 seal of the Company thereto if a seal is required on bonds, undertakings, recognizances ouother;written obligations in the nature thereof as follows: Pi PerforhppcerhPaXmeno1 §9k 't and to bind t e ampany ere y. resolutions adopted by the Board of Directors of Financial Pacif full force and effect: RESOLVED, that the President_, or any attorneys -in -fact or agents with autfiorify as defii the Company, to execute and-Miver find affix the kinds; and said officers may, remove any such-dttc RESOLVED -FURTHER, that any bond undertaking recognizance; br sux Company when signed and sealed (if a seal be required) ,by=one_orinore attorncys-ii evidenced by the power of attorney issued by the Company°tosuch person or.persons.' RESOLVED FURTHER, that the signature of any authorized officer and the power of attorney or certification thereof authorizing the execution and delivery of -a obligations of the Company; any such signature and seat when.so used shall have the=s corporate seal 10,,UVMeTeUM0, UU1xe(b ARIN rZU1Vr=h. Lt7,llrUcr, 4vu/. by HIMPAROAL— following duly held July 6, 1995, which are now in iec etary ar any Assistant Secretary, may appoint �ihe appointment in each case, for and on behalf of gs, recognizances, and suretyship obligations of all sr of attorney previousiy.,granted such person. ip obligation shall be valid and binding upon the pursuant to and -within the limits of the authority jf the Company may be affixed by facsimile to any nd;- undertaking, -recognizance, or other suretyship Wee and effect as though manually affixed. presents to be;signed by its proper officers, and its 30 n R.dlollingshead, Se,. tary STATE OF CALIFORNIA, COUNTY OF PLACER On, this 1st ofJanuar-y, 2008, before rime, Lisa Roper, Notary- Public, personally appeared Edward J.Paolettiand John R. Hollingshead, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. LISA ROPER COMM. # 1755752 z Z ® NOTARY PUBLIC - CALIFORN1A PLACER COUNTY isa Roper ry P tc My Comm. Ex�ues July 6, 20AAA 11 CERTIFICATE I certify under the Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Signed and sealed at Placer, this -day of 80\,ald — — Noveanb - 09 John It dollingshea'd, Secretary Financial Pacific Insurance Company seal must be affixed City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERIC March 9, 2010 CSI Electrical Contractors, Inc. 10623 Fulton Wells Avenue PO Box 2887 Santa Fe Springs, CA 90670-0887 RE: CC-1199 & CC-1200 — Traffic signal controller cabinets change outs Enclosed please find your original bid bond for CC-1199 & CC-1200. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure Sister Citigsfor jrd�cbA�t/petVV*i&&u.aocNew Zealand ( Telephone: 714-536-5227 ) a 2009 NOV 17 Pi" 1: 27 SECTION C PROPOSAL for the Traffic Signal Controller Cabinet Changeouts at the intersections of: Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue And Lake Street and Yorktown Avenue CC Nos. 1199 and 1200 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 30 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 C-1 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Traffic Signal Controller Cabinet Changeouts — CC 1199 & 1200 November 9, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: The following paragraph shall be added to Section 303-5.9, CONCRETE AND MASONRY CONSTRUCTION, Measurement and Payment. Payment for the replacement of any sidewalk, curb, gutter or driveway which is broken or damaged by the Contractor's operations shall be included in the price bid for the traffic signal modifications and no additional payment will be allowed therefore. This is to acknowledge receipt and review of Addendum Number One, dated November 9, 2009. CAI L� Co r::,Ioc _ Company Name By 5JCuf W aA-VS 7-00 9 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at (714) 536-5431. 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. 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 '6% d t8 i �, in the amount of $ 10 %n 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 1 1I oCI C-2 Project Bid Schedule Traffic Signal Controller Cabinet Changeouts At the Intersections of Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue CC-1199 and CC-1200 Item r 1 Estunated' 1 L.S. z r Item Mobilization. Unit Pnce a x Extended Amount Per L.S. 2 3 1 L.S. 1 L.S. Furnish Project Traffic Control. Per L.S. Modify Traffic Signal at Magnolia Street and Garfield Avenue. $ 1 S00"� OU $ L5-5 500 $ ► 5 Do 00 $ 5' ' SOO v c� Per L.S. 4 1 L.S. Modify Traffic Signal at Magnolia Street and Atlanta Avenue. w $ t5oo 00 $ t SDO Per L.S. 5 1 L.S. Modify Traffic Signal at Lake Street and Yorktown Avenue. $ a DO`S $ 1 LV 5DD 0v Per L. S. 6 1 E.A. Construct Curb Ramp per Caltrans Standard Plan No. A88A, Including $ DO©� $ -1 L4 00 G Adjacent Gutter Plate and AC Paving Replacement. Per EA. Total Amount Bid in Figures: $ S 9 2 D O.00 Total Amount Bid in Words: $ F��,1��A1"nd Note: The City will provide the traffic signal cabinets, the traffic signal electrical service cabinets and the push buttons at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. 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. Portion of Work Name and Address of Subcontractor State License Number Class 7ZD�°O a S MR 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 State of California ss. County of Orange SA-e0e4--• �A 'W , being first duly sworn, deposes and says that he or she is g� ri e,�Yi {gym +L CEO of("51 F-1ec 6c cJ Ca rc A l n_ 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. 0.51 FAe46 cJSan+v&cAzcS Inc. Name of Bidder ignature of Bidder S�euef> to -Wat4 S Address of Bidder iA .q Ob71) Subscribed and swom\to before me this day of , 20 _ . NOTARY PUBLIC NOTARY SEAL C-4 CALIFORNIA JURAT WITH AFFIANT STATEMENT YSee 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 Los P- n c,,-Je S �-j— Place Notary Seal Above Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this 11T" day of 1N\Memhle ( , 20bq, by Date Month Year 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.) Signature 0. gn ure 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 il fraudulent removal and reattachment of this form to another document. Top of thumb here Top of thumb here . Further Description of Any Attached Document k4 Title or Type of Document: Un • ( %o1\V F'tit_ Document Date: ' 1 1767A 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 Reorder: Call Toll -Free 1-800-876-6827 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 Controller Cabinet Changeouts at the intersections of Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue (CC-1199 and CC-1200), (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: \��17[r)q i� Ji �,iP �tc� �U'�LulG�ilGl � n C� Contractor By S Ve-n k\&. W cc_s� 6" amp C t t� 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 00 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 0% 09 C° 51rl r cUAn L Contractor By ��l 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: AIL Contractor N I�L- -Ry-� NIL Title Date: Mote: 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 certifies that the following information is true and correct: Bidder Name W0 a2.3 Vv 1A -� A oje.. Business Address 0 City, 1 U State Zip (na-Z) Oaf - 07 0c) Telephone Number Uo '7%DL\ State Contractor's License No. and Class Z", 1CAC�0 Original Date Issued M e Date The work site was inspected by \UtkC(11nof our office on $1i 20j(�. The following are persons, firms, and corporations having a principal interest in this proposal: C 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 -15 \ EA C0J C0r�- ACT-+nr l 1 �n c Company Name Signature of Bidder J�eve0 c S Printed or Typed Signature Subscribed and sworn to belarreme this _ day of , 200_ . NOTARY PUBLIC see 0:n ac, 'a �Qc 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 04 NaiSt and Ad4ess of Pu lic Agency Caa) 7,3 7t,,OD Name and Telephone No. of Project Manager: phao) Contract Amount Type of Wor Date mpleted Name and Address of Public Agency Name and Telephone No. of Project Manager: IIC&�,�P(C)C1&(a)�\ 22--7 — 52 95fj °D Contract Amount 3. (1; Naik� and Address of Public IM Date Completed Name and Telephone No. of Project Manager: �eTM ('aef (71411 `7�- °517(, J 271155w Contract Amount 0 Type of Work Date 45'gl (a C-10 CALIFORNIA JURAT WITH AFFIANT STATEMENT X40111ee 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 Place Notary Seal Above Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this 1_1�" day of jgWetnbe( 20 Oq_, by Date Month Year (1> 'ljcdics , 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 person who appeared before me.) Signature 'AanaAc'.x.-- Si at e 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 0 fraudulent removal and reattachment of this form to another document. Top of thumb here Top of thumb her Further DescriptionofAny Attached Document Title or Type of Document: Mr3g7 6 A� 1�V", Document Date: ���17 O� 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 Reorder: Call Toll -Free 1-800-876-6827 Bond No. 5466560 AT I1I KNOW ALL MEN BY THESE PRESENTS, that we, CSI Electrical Contrators, 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 I lth day of November 2009 WHEREAS, the said principal CSI Electrical Contrators, Inc. herewith submitting a proposal for Traffic Signal Controller Cabinet Change -outs Project 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 Contrators, Inc. Principal STi-tJP_.1,4 WA4'ITS, pRESS1[. Pc tt 1 F.9116 GREAT AMERICAN INSURANCE COMPANY B: lz�'L, ene Brancheau , Attomey-in-Fact GREAT AMERICAN INSURANCE COMPANYO 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. 014270 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, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on 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 limit stated below. Name Address Limit of Power ROBERT W. BADER ALL OF ALL MARIE HALL 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 hereurto affixed this 23d day of, FEBRUARY , 2009. Attest STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVID C. KITCHIN (513-412-4602) On this 23 d day of FEBRUARY , 2009, 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 larder 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, t993. RESOLVED_ That the Division President, the Division Senior Vice President, the several Divisional Vice Presidents and Divisional 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 andall 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 by facsimile to any power of attorney or certificate of either given for the execution of arty 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 1, STEPHEN C. BERAHA, 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 June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this 11 th day of, November 2009 S1029Y (10t08) r- - �� I -: - �, _. ❑ :r State of California County of t�� On before me, Date personally appeared VALERIE C. GONZALES commisslon # 1684564 Lo Notary Public - Califomia s Los Angeles County My Comm. Expires Jul 29, 2010 who proved to me on the basis of satisfactory evidence to be the person whose namEj4 is/aA subscribed to the within instrument and acknowledged to me that he/st>4AW executed the same in his/t) ihq,K- authorized capacity{, and that by his/4r/tthor signaturet*}_on the instrument the persori(o, or the entity upon behalf of which the persougacted, 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. WITNE y h d nd offici al Signature: Vl,, , - � LL Place Notary Seal and/or Stamp Above Signature of Notary ublic 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: ��� %ZL fy� f[c; �dh IrI6 kr— :7�n & &j—&CI Document Date: M,X_)e_"p y ,�. r2_C)c�G'i Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): — El Individual El Partner — ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT', NER. QFSIG .p of thumb here Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02008 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 City ®f Huntington Bear 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK March 9, 2010 International Line Builders 2520 Rubidoux Blvd. Riverside, CA 91750 RE: CC-1199 & CC-1200 — Traffic signal controller cabinets change outs Enclosed please find your original bid bond for CC-1199 & CC-1200. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Citiy..IfoA%W/,cialibapupetAokmreocNew Zealand (Telephone: 714-536-5227 ) 2cog 15 International Line Builders P.O. BOX 3039 RIVERSIDE, CA 92519 e"44AX,6041 9 (Q UPWA"M A." 6-144019:06-10 JOWA,&1.4 lIU14 .4rA.,wrA 4— Y0e,4e7V6VJ1tf Ce. &6- I 'Zta= SECTION C PROPOSAL for the Traffic Signal Controller Cabinet Changeouts at the intersections of: Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue And Lake Street and Yorktown Avenue CC Nos.1199 and 1200 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 30 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 C-1 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. 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 $ 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). Bl(lrlar ehall cirrnifcr raraint of all Arlrl,-nAn Kara if nnv• C-2 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1673 art �' , .r< i ► ►11 a 1 _- ►,' For Traffic Signal Controller Cabinet Changeouts — CC 1199 & 1200 November 9, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: The following paragraph shall be added to Section 303-5.9, CONCRETE AND MASONRY CONSTRUCTION, Measurement and Payment. Payment for the replacement of any sidewalk, curb, gutter or driveway which is broken or damaged by the Contractor's operations shall be Included In the price bid for the traffic signal modifications and no additional payment will be allowed therefore. This is to acknowledge receipt and review of Addendum Ni Company Name // /v -C;, i Date Ali bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F, Janusz at (714) 536-5431. Project Bid Schedule Traffic Signal Controller Cabinet Changeouts At the Intersections of Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue CC-1199 and CC-1200 „ a , _„ . 1 Luant�� ... »,,. .. a: 1 L.S. y r t ,...r . ? _.. 6t,.., i;i.., a ...m s* „t•< . -.,,.. �::. Mobilization. f,,€e . rP. , ,k?.., ,,,.,>, .. - .,.?, Per L.S. 2 1 L.S. Furnish Project Traffic Control. Per L.S. 3 1 L.S. Modify Traffic Signal at Magnolia Street and Garfield Avenue. $ $ 2 a as L'N Per L.S. 4 1 L.S. Modify Traffic Signal at Magnolia Street and Atlanta Avenue. $ S %LOD $ 851.n lz _ Per L.S. 5 1 L.S. Modify Traffic Signal at Lake Street and Yorktown Avenue. $ LQ8aD $ I..QB 8c'] -' Per L.S. 6 1 E.A. Construct Curb Ramp per Caltrans Standard Plan No. A88A, Including $ '-7 4 S, L7 $ -7&4!&b Adjacent Gutter Plate and AC Paving ' Replacement. Per EA. Total Amount Bid in Figures: $ `.,' S -74b '- r Total Amount Bid in Words: $ T iel"tY lei dr5- V4q S.4AJ 13 SE✓Ctl 1-"40M90 �a &. V4� Qc,6..L,-. . S Note: The City will provide the traffic signal cabinets, the traffic signal electrical service cabinets and the push buttons at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. 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. .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 DE EXECUTED BY BIDDEN 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 i nature of Bidder 2S-Aam. e2�d�.�yx i3c..�n. CZ• �Fsys+ )� �� Sr'237 Gi Address of Bidder Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC a.2 e A�C'� -Ia-� ccL:�� NOTARY SEAL C-4 CALIFORNIA JURAT WITH AFFIANT STATEMENT 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 Riverside Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this 17 day of November 20 0 by Date Month Year (1) Joe Sutton******************** Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) JA H. BATEMAN Commission # 1858814 (and a . "� Notary Public - California z> z (2) Riverside County Name of Signer My Comm. Expires Jul 24, 2013 proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signature w nature of Notary PLIblic 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 fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: Non -Collusion Affidavit Document Date: 11117109 Signer(s) Other Than Named Above: Number of Pages: • s Top of thumb here Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5910 Reorder: Call Toll -Free 1-800-876-6827 iTTILITY 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 Controller Cabinet Changeouts at the intersections of Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Labe Street and Yorktown Avenue (CC-1199 and CC-1200), (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: ��.TI �✓t.4-..�2 Title s 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 M 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: //f/L A0 % Er A,-? 9.. 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: ,7-itlT-!5RAAf-Y77zSA01. Zw-Ae ;5a/11.o -S Contractor Z.Si�a!!.9':;a r-- Title Date: &/0 i 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 certifies that the following information is true and correct: Bidder Name 'Z52v M4Jo Business Address 2../gz..z •-g ila 0.4 Q 2 5-/ �t City, State Zip Telephone Number `7€ -L S I B A State Contractor's License No. and Class -'7 - c x.� Original Date Issued E�>—"3l—t® Expiration Date The work site was inspected by C.Aunc." Saz ,t.-U of our office on ` `' 1 , 20C�v The following are persons, firms, and corporations having a principal interest in this proposal: -S " �l sac 3 A a.s P-e 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. mitt7'c".4:7auLC�I Company Name of I <no -P- -4� 0'-� In Printed or Typed Signature Subscribed and sworn to before 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: FA 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 Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-10 CALIFORNIA JURAT WITH AFFIANT STATEMENT )(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 Riverside H. BATEMAN Commission # 1858814 z a :•. Notary Public -California > z`% '": Riverside County hlv Comm. Expires Jul 24, 2013 2 (if any) Subscribed and sworn to (or affirmed) before me on this 17 day of November , 200 , by Date Month Year (1) Joe Sutton******************** 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 person who appeared before me.) Signature _ gnature of Notary Pub c 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 fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: Bidder's Info Document Date: 11117109 Number of Pages: Signer(s) Other Than Named Above: • o Top of thumb here TO of thumb here ---------------------- ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5910 Reorder: Call Toll -Free 1-800-876-6827 Reference List AMOUNT AND LOCATION AWARDING AGENCY AND AGENCY'S CONTACT AND ADDRESS PHONE NO. $400,000.00 City of Newport Beach Herb Wollerman Street Lighting Replacement 3300 Newport Beach (949) 718-3406 Newport Beach, CA $500,000.00 City of Anaheim Caster Williams State College 200 S. Anaheim Blvd. (714) 765-6843 Traffic Signal / Street Lighting Anaheim, CA $1, 500,000.00 Hillcrest Contracting Jerry Blair Orchard Hills / Irvine Co. 1467 Circle City Drive (909) 273-9600 Traffic Signal / Street Lighting Corona, CA $300,000.00 City of Newport Beach Jim Brahler Various Locations 3300 Newport Blvd. Ron Garret Traffic Signal Modifications Newport Beach, CA (949) 644-3346 $323,000.00 City of Laguna Hills Ken Rosenfield Alicia Pkwy & Moulton 25201 Paseo de Alicia (949) 707-2600 CCTV - Interconnect Mod. Laguna Hills, CA 92653 $121,000.00 City of Santa Ana Terry Dorley McFadden Ave. & Graham St. 20 Civic Center (714) 647-5040 Flashing Lights In -Pavement Santa Ana, CA 243,950.00 City of Tustin Tran Hartzog Install Traffic Signal Civic Center (714) 731-9455 Tustin Ca. 92518 $1,439,200.00 City of Fountain Valley Mark Lewis / Temo Galver CCTV Comm./ Traffic Signals 10200 Slater Ave. (714) 593-4517 Fountain Valley,Ca. 92708 $549,000.00 City of Corona Mike Corona Traffic Signal Interconnect 2125 Sixth St (951) 739-4969 Corona, Ca.87586 $2,900,00.00 Sully Miller / City of Riverside Gary Downey / Juan Rojas Traffic Signal / Street lighting 1100 E. Orangethorpe (714) 578-9604 - (951) 538-3037 Anaheim, Ca. 92801 THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE International Line Builders 2520 Rubidoux Blvd_ Riverside CA 91750 as Principal, hereinafter called the Principal, and Liberty Mutual Insurance Company 450 Plymouth Road, Suite 400, Plymouth Meeting PA 19462 a corporation duly organized under the laws of the State of MA as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 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 #1199 and 1200: Traffic Signal Controller Cabinet Changeouts 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 17th (Witness) day of 1*2051 November International Line Builders (Principal) Mutual Insurance (Surety) ALA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 2009 (Seal) (Title) (Seal) (Title) State of California Riverside j County of J On November 17, 2009before me' Heather Bateman, Notary Public Date Here Insert Name and Title of the Officer personally appeared Joe Sutton************************** Name(s) of Signer(s) H. BATEMMAN Commission ;it 1858814 4 Notary Public - California Riverside County My Comm. Expires Jul 24, 2013 Place Notary Seal and/or Stamp Above who proved to me on the basis of satisfactory evidence to be the person whose name is/a(e subscribed to the within instrument and ackndwledged to me that he/spfe/tgey executed the same in his/hAr/thir authorized capacity(iis), and that by his/66r/their signatur9g) on the instrument the person(x'j, 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 - 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: Bid Bond ALA A310 Document Date: 11/17/09 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual T. ❑ Partner— El Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): Individual Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing 02008 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 Surety Acknowledgment State of MINNESOTA } } ss. County of Hennepin } On this 17'h day of November 2009, before me personally came Nicole Tamble, to me known, who being by me duly sworn, did depose and say that she/he is the Attorney -in -Fact of Liberty Mutual Insurance Company described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to said instruments is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/she/his name to it by like order. My commission expires Janu 31 2010 ` � Notary Public 0 „ TERESA HAMMERS r :iafc-� NOW .RY PUBLIC-MINNESOTA a .'. My Commission Expires!an. 31.2010 Id �Rrr9+'d4M 2f 53958 THIS POWERDF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED. ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein; and they have no authority to. bind the Company except in the manner and to the extent herein'stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW. ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"),- a Massachusetts stock insurance company, pursuant to and by:authority of the By=law and Authorization hereinafter set,forth,;does hereby, name; constitute and appoint DENNIS LOOTS,.LAURIE PFLUG, JI[;L SWANSON BARBARA KELLAR, JERKY OUIMET, NINA E. WERSTEIN, 11 JENNIFER MILLER, BRIAN D. CARPENTER, bARBARA L. RAEDEKEDEiVISE WISHCCIP; TERESA HAMMERS, NICOLE TAMBLE, ALL OF THE CITY_OF MINNEAPO�IS, STATE OF MINNESrOTA...:......... ..................................... each individually if there be more than one named; its true and lawful attorney -in -fact to make, exe.cute,.seal, acknowledge and deliver, for and on its behalf as surety, and as its act and deed, any, and all undertakings, bonds, recognizances and other surety obliggations in the penal sum not exceeding ***** "* ' `*'*"'*'*; DOLLARS $ 50,Od0,000'00 FIFTY MILLION AND 00/100 j ***** ) each, and the execution of such undertakings, bonds; - recognizances and other surety obligations, in pursuance `of these presents, shall be as binding upon the Companyas if they had been duly signed 60he,president and attested by the secretary of'- tie Company in their own proper persons. That this power is made and executed pursuant to and by authority ofthe following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 51Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose.in:writing by:the,chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to actin behalf of the Company to make, execute; seal, acknowledge and deliver as surety any "and all undertakings, bonds,..recognizances and other surety obligations. Such M attorneys -in -fact, subject to the limitations set forth in their respective powers of.attomey,,shalt have full power to bind the Company by their M 0 signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be N 0. as binding as if signed by the president and attested by the secretary. _ � y C d. By the following, instrument the chairman or the president has authorized the officer -or other official named therein to appoint attorneys -in -fact: 7 Q 'Pursuant to Article Xli1, Section 5 of the Sy -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby M authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and _ deliver as surety any and all undertakings,"bonds, recognizances and other surety obligations. 0 q d That the By-law and the Authorization set forth.above are true copies thereofand are now in full,force and effect. 4 W o"E IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seat of C fl 3 Liberty 09utual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 21 st day of " September LIBERTY MUTUAL INSURANCE COMPANY �'37 cc .R Q Garnet W. Elliott, Assistant Secretary N Q COMMONWEALTH OF PENNSYLVANIA ss . Q �. COUNTY OF MONTGOMERY y— �i D.0 C On this 21 st day of September , 2009 , :before me, a Notary Public, personally came Garnet W.. Elliott, to me known; and acknowledged 0 that he is an Assistant Secretary of Liberty Mutual Insurance Company; iha# he knows the seal of said corporation; and that he executed the aboveEL 6 a Power of Attorney and affixed the corporate "seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said"corporation. O eL0 IN TESTIMONY WHEfEEFunto subscribed my name and L affixed my notarial seal at Plymouth Meeting; Pennsylvania, on the day and year U firstabovewritten�� +r tta C00 CCi 4't9n d11 A1Tif'3F P€ t'J V �i(A_ - L a i s Pr3 g, PubfcQ!G� v= co On a - -i.3 C wrt g. t. _t 7atft,uwt�vts. i By sa P - v� a 0� a, Notary Public : " c Penn_ tZ..O: (� CERTIFICATEF— „ 1, the'undersigned, ec ndersigned, AssistanMretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and 1 do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XJII, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of: the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TE TIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seal of the said company, this l day of By ` w= Dawd M. Carey, Assigt9t Secretary City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERIC March 9, 2010 JFL Electric, Inc. 8257 Compton Ave. Los Angeles, CA 90001-3915 RE: CC-1199 & CC-1200 — Traffic signal controller cabinets change outs Enclosed please find your original bid bond for CC-1199 & CC-1200. Sincerely, JF:pe Enclosure Sister Citi4�fc,U-+�ppidaV(ghtreWr�"ii�gio&-dew Zealand (Telephone: 714-536-5227) JM ELECTRIC INC $257 COMPTON AVE LOS ANGELES CA 90001-3915 se C(""& 4 TYa YVA.- G1aMi9to1,>!s M 6 A 001, A Ma�r�i�� s�- a4l, d et1h d Owt A-04 c - k (q 9 �, cc- l K. tillu 2009 tjOV 17 PM 1: 01 lj ul TI; J G T SECTION C PROPOSAL for the Traffic Signal Controller Cabinet Changeouts at the intersections of: Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue And Lake Street and Yorktown Avenue CC Nos. 1199 and 1200 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 30 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 C-1 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. 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 $ 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 R ceived _ - Bidder's ' nature C-2 $ 5,150.00 $ 7,725.00 $ 43,775.00 $ 12,257.00 $ 8,755.00 $ 7,416.00 $ 85,078.00 Project Bid Schedule Traffic Signal Controller Cabinet Changeouts At the Intersections of Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue CC-1199 and CC-1200 Item Esfiniated 1 1 L.S. Item t s ` , Mobilization. `Umt P<nce Viz# $ �s, , 501cc extended Amount t Per L.S. 2 1 L.S. 11 Furnish Project Traffic Control. Per L.S. 3 1 L.S. Modify Traffic Signal at Magnolia Street and Garfield Avenue. Per L.S. 4 1 L.S. Modify Traffic Signal at Magnolia Street and Atlanta Avenue. $12-&51 e04 $ 2 �� Per L.S. 5 1 L.S. Modify Traffic Signal at Lake Street and Yorktown Avenue. _ $ ° �� �P7 a $ Per L.S. 6 1 E.A. Construct Curb Ramp per Caltrans Standard Plan No. A88A, Including $ `d f (p • $ Adjacent Gutter Plate and AC Paving Replacement. Per EA. Total Amount Bid in Figures: $ U-5) 6153 • aD Total Amount Bid in Words: $ / Ve mffbo d L4 C# ark S. Note: The City will provide the traffic signal cabinets, the traffic signal electrical service cabinets and the push buttons at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. 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. 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 DE EXECUTED BY BIDDER AND SUBMITTED WITH DID State of California ss. County of Orange 1 %1 alkil 6("O'tl , help first duly sworn, deposes and says that he or•� is i C� - of -J - E I(f t l') C i I h C , 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. Address of Bidder j gmil Subscribed and swornto before me this 17- A day of o V 2 ✓n ham, 200 . y iQ TERESA LOERA NOCARMPUBIIC CALffORNIAGRANGE COUNTY MY Comm, UP, FEB. 24, 2012 " sw�r�s� 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 Controller Cabinet Changeouts at the intersections of Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue (CC-1199 and CC-1200), (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: lo vre�_-, L'' /* 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. 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. "Fres! &�' 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: Contractor I' 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 certifies that the following information is true and correct: Name Business Address City, i/ State Zip Telephone Number 51 eq(Oq & C"(p. C `3(o State Contractor's License No. and Class Issued 01--3410 ion 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: "J I L (A 1 C. ; �U,s 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. ,eft e('edyi(,, Iht - Companv--Name %�� of Bidder Printed or Typed Signature Subscribed and sworn to before me this JILAday of Onvet e , 200-2. NOTARY PUBLIC f p_ �TERESALOERA a Comm.# 1791852 In NOTA PUBLIC. 0 UNCALWORNIA V1 MY Comm, Exr, FEB. 24, 2012 "8 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 . Cam. tro-'" S oo-r- Name and Address of Public Agency Name and Telephone No. of Project Manager: l a0& (zU blaq NO] Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: T cc J eo L a I q 0 '- 3(e, . 0-�D Lcas 2—n Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: CCI I Q (� , .-�-; , 01� Contract Amount Type of W Date Completed C-10 SureTec Insurance C®mplany BOND No. 351 KNOW ALL MEN BY THESE PRESENTS, That we, JFL Electric, Inc. as Principal, and SureTec Insurance Company a corporation authorized to transact a general surety business in the Slate of California as Surety, are held and firmly bound unto the City of Huntington Beach called the Obligee) in the full and just sum of TEN PERCENT OF THE TOTAL 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 Controller Cabinets Change Outs Project/Contract No. CC-1199 and CC-1200 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 16 th day of November 2009 YEAR J,)?L lectr c, Inc. SureTec Insurance Company Sure Prindpar By. R a S. �Mant�l,,1OfN`y-�-Fa" elic a o oera, President y r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •U.�'�.'�� �,�'•.����;�?.• �C....�C�'\>'�2 c�C c�C�''�3y'>C�C.�C.:t �C.�C� S,.Wv0..�.'�.C�S %'�>C :>C�aC . C . CC�:^ s> is C , •�"� .'• State of California County of Orange On 16 - 2009 before me, Mary Martignoni — Notary Public Date - Here Insert Name and Title of the Officer personally appeared Ryan S. Mantle Name(s) of Signer(s) MARY MARTIGNONI COMM. # 1761251 NOTARY PUBLIC - CALIFORNIA x ORANGECOUNTY My Comm. Expires Sept. 9, 2011 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. Signatur Place Notary Seal Above Si natur 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: Ryan S. Mantle ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General B Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: SureTec Insurance Company Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General El Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: — Reorder. Call Toll -Free 1-800-876-6827 02007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth. CA 91313-2402 • www.NationalNotary.org Item #5907 POA #: 510036 SureTee Insurance Company LIMITEU POWER OF ATTORNEY Know All Men 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, Ryan S. Mantle its true and lawful Attorney -in -fact, with full power and 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 bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. Said appointment shall continue in force until 10/31/10 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 or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorne-v-in-Fact may be given full power 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 Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that 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 a tweeting held on 20fh of April, 1999.) 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 28th day of October, A.D. 2008. SURETEC INS CE COMPANY 4 f z By: Q.J. Ki esident State of Texas ss: ' 1 County of Harris On this 28h day of October, 2008 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed 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 Directors of said Company; and that he signed his name thereto by like order. Michelle Denny ley i ublio State g Texas lres " �p2x, solo Michelle Denny, Notary PAblic My commission expires August 27, 2012 I, 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 Powcr of Attorney, executed by said Company, which is still in fill force and effect; and furthermore, the resolutions 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 16th day of November , 2009 _, A,D, M. Brent eaty, Assis ant Secretary�� Any Instrument issued in excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call (713) 812.0800 any business day between 8:00 am and 5:00 pm CST. City ®f Huntington Beat 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK March 9, 2010 Lincoln Pacific Builders, Inc. 4501 Littlejohn St. Baldwin Park, CA 91706 RE: CC-1199 & CC-1200 — Traffic signal controller cabinets change outs Enclosed please find your original bid bond for CC-1199 & CC-1200. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister Citigsjid ii ,�c6W"tyeettVAih66g.goc,�ew Zealand ( Telephone: 714-536-5227 ) r L INCOLN l 4501 Littlejohn Street, Baldwin Park, CA 91706 Y. 10D9NOV 17 Pry 1: 32 SECTION C PROPOSAL for the Traffic Signal Controller Cabinet Changeouts at the intersections of. Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue And Lake Street and Yorktown Avenue CC Nos. 1199 and 1200 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 30 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 C-1 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. 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 11 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). C-2 Pr Schedule Project Bid Sc du e Traffic Signal Controller Cabinet Changeouts At the Intersections of Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue CC-1199 and CC-1200 Item d �stnnated Na 1 1 L.S. �` ' Ttern Mobilization. ITxut Price ' $S� l'1Uo. Ub Extended ArnouttC $ Sri. IP10. Per L.S. 2 1 L.S. Furnish Project Traffic Control. Per L.S. 3 1 L.S. Modify Traffic Signal at Magnolia Street and Garfield Avenue. $ f • $ ��i OW'Ub Per L.S. 4 1 L.S. Modify Traffic Signal at Magnolia'I Street and Atlanta Avenue. ! �! • $ $ Per L.S. 5 1 L.S. Modify Traffic Signal at Lake Street and Yorktown Avenue. j $12 0 1W ` CA $ • ` Per L.S. 6 1 E.A. Construct Curb Ramp per Caltrans! Standard Plan No. A88A, Including $ t �� . to $ ®O Adjacent Gutter Plate and AC Paving Replacement. JL__ Per EA. Total .Amount Bid in Figures: $� u v ETotalAmount Bid i/n� Words: $ Y i . Note:, The City will provide the traffic signal cabinets, the traffic signal electrical service cabinets and the push buttons at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. 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. 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 BIDDEN AND SUBMITTED WITH BID State of California ss. County of Orange L. tACOL-W being first duly sworn, deposes and says that he or she is GGa of Lincoln Pacific Buildeye ffm 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. Lincoln pacific Builders Inc. Name of Bidder of Bidder Lar,1ccL4 c"Ati,C6ro 4150% LkTTUC.ORO.ST: —DWI-J Pam.. CA - Address of Bidder Subscribed and swornto before me this /d1day of . AlOV , , 20 M . NOTARY PUBLIC 11AViD A TAFT Commission # 1640490i Notary Public - California -o RIVERSIDE COUNTY My Comm. Expires Jan, 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 Controller Cabinet Changeouts at the intersections of Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue (CC-1199 and CC-1200), (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: �' 10• p 9 Title Lincoln Pacific Buildcrs Inc. 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 6--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: I I • ((o • Oq Lincoln Pac `%is' Builders Tne. L In(C L-4,1 CRAO ICE 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: Contractor 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 certifies that the following information is true and correct: Lincoln Pacific Builders Inc. Bidder Name !j0 I L (T'7 Cz—joe-F1'j .S-r, Business Address (-3AL. DV)W PAP-K- City, c ba..& > 11P o -7-7 '�5& Telephone Number C4 Iq l7 o (o State Zip 92-a4i> ? C Ass A/C-/0 State Contractor's License No. and Class Original Date Issued o(0 �1 o ° Io Expiration Date The work site was inspected by JDtisJ 0 ®A1(q of our office on 0 O V > 16 , 2001 The following are persons, firms, and corporations having a principal interest in this proposal: L_lNcvLA C*jAtJ � cC-0 , � L)kV>0v N C7 (A.YG� SC-C_ Jo+itJ to o N� L-7 , r-c6-r--y. l? 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. Lincoln P`IC ric Company Name of .i L(J cotes C+iAk) G Printed or Typed Signature Subscribed and sworn to before me this AA -day of NOV. , 2009. a QDAVID A. TAFT m Commission # 1640490Zz Notary Public - California vRIVERSIDE COUNTY y Comm. Expires Jan. 23, 2070 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: e'F FtxLi-r-_%TorJ 3o3 V3, C,oAAMoa1w1C-A%,TH I Sf:g4>tJ 9a3z— Name and Address of Public Agency Name and Telephone No. of Project Manager: !-42% A V-05A i ASH I � 15to k. -GlRfef U&7iJT 4-T 1c 5ie:j4 �L_ Ij.,>1• c;i9 Contract Amount Type of Work Date Completed 2. CAT' ®f �- RAA4,,700 050 o s . PALM t-4 AJ-.T0 (f-A- q z 31 /6 Name and Address of Public Agency Name and Telephone No. of Project Manager: �-WMC- �� � 90'1) 07-b> 2-- 1► 5 K �S'C 'i 1� L-ao-1T ? I c- ,5 (6tA Lr It . ® t ®9 Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: eAJZw;,,,e AU%Va (AX& °� b0 1681 $ 3 4-o !<- 6-T'teeT LA c %KT 4 ` � L 61 (.NFL-- a, . 0 1. a Contract Amount Type of Work Date Completed C-10 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Traffic Signal Controller Cabinet Changeouts — CC 1199 & 1200 November 9, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: The following paragraph shall be added to Section 303-5.9, CONCRETE AND MASONRY CONSTRUCTION, Measurement and Payment. Payment for the replacement of any sidewalk, curb, gutter or driveway which is broken or damaged by the Contractor's operations shall be included in the price bid for the traffic signal modifications and no additional payment will be allowed therefore. _ This is to acknowledge receipt and review of Addendum Number One, Uncoln Pacific Boil ien Vnc. "'tAJ�1 Company Name By LI01A� `�-� 4 6C-O Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at (714) 536-5431. A/A Document A310 Bid Bond BOND # NIA KNOW ALL MEN BY THESE PRESENTS, that we LINCOLN PACIFIC BUILDERS, INC. 4501 LITTLEJOHN STREET BALDWIN PARK, CA 91706 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and THE OHIO CASUALTY INSURANCE COMPANY 9920 PACIFIC HEIGHTS BLVD. SUITE 425 SAN DIEGO, CA 92121 (Here insert full name ,and address or legal title of Surety) a corporation duly organized under the laws of the State of OHIO 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 ($ 1.0 1 , 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 AND STREET LIGHT INSTALLATION AT MAGNOLIA ST. AT GARFIELD AVE., MAGNOLIA ST. AT ATLANTA AVE., AND LAKE ST. AT YORKTOWN; INVITATION NO. 1199 AND 1200 (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 13th day of November 2009 (Witness) LIM (Witness) YUNG T. (Title) (Seal) 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 OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE OF ACKNOWLEDGEMENT State of California ) County of Los Angeles ) On November 16, 2009 before me, David A. Taft, Notary Public personally appeared Lincoln Chan 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. DAVID A. TAFT a Commission # 16404900 Z Notary Publit - Cafi(ornia WITNESS my hand and official seal. RIVERSIDE COUNTY Ny Comm. Exprres Jan 23. 2010 Signature (Notary Seal) Additional Information DOCUMENT INFORMATION Title or Description of Document Bid Bond Document Date November 13, 2009 Number of Pages 1 TYPE OF IDENTIFICATION ❑ Personal Knowledge of the Notary Public ® Satisfactory Evidence — Identification Card ❑ One Credible Witness Acknowledging Identity of Principal ❑ Two Credible Witnesses Acknowledging Identity of Principal State of California County of Orange ) On November 13, 2009 before me, 'Christine T. Hoang, 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(Z) whose name(s) is/ subscribed to the within instrument and acknowledged to me that he/gbekkft executed the same in hishheMoir authorized capacity**, and that by hisIbm0 iXek signature($) 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 (Seal) 01 y CMRl9TIN T, MA�gtdG �' a� COMM, # 1 27 09 NOTARY PUEI1.ICrGAI.IPOW M Car ORANGE COUNTY THip POWER OF ATTORNEYIS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROOND. CERTIFIED COPY OF POWER OF ATTORNEY THE OHIOCASUfALTY INSURANCE COMPANY " ,.'- - -. No. 42-378 Know A31 Men by These Presents: That THE OHIO.CASUALTY INSURANCE COMPANY, ail Ohio Corporation, pursuant to the authority granted by Article_111, Section 9 of the Code of Regulations and By Laws_of said Company;.does hereby nominate, constitute and -appoint: James W.>Moilanen ,Yung T. Multick Jennifer C. Giboney, :Austin P. Neff or Christine T. Hoang of Mission Viejo, California its "true and lawful a gent s and attome g O y {s)-in-fact, to make; execute; seal and. deliver for and ou its behalf as surety and as -its act and_deed any and all. BONDS,' UNDERTAKINGS; and RECOGNIZANCES,-not exceeding many single: instance TWENTY MILLION, ION '($20,000r000 00):Aollars, excluding;,= -, However, a'ny,bond('s) or undettaking(s), guaranteeing the payment of notes and interest thereon And the .execution-af such bonds of undertakings in pursuance of these" presents, shall be as binding upon said Company;, asfully and amply, to all intents and purposes, as if they had been. duly "executed and acknowledged by the regularly elected officers of the Company at its office m Fairfield, `Ohio, in their own. persons.._ proper The amhority-grimted hereunder supersedes any previous. authority, heretofore granted the above named attorney('s)-in-fact. _- In WITNESS WHEREOF, the irndersigiied offrce_r of the said The Ohio Casualty Insurance Company iias hereunto subscribed his name and affixed the Corporate Seal of the said The Ohio Casualty Insurance Company this f1th day of May, 2009. i � s SEA E f� t , "fL�-%���l��K�'+�'/ _Z to it u CLI Mark E: Schmidt, Assistant Secretary G C d STATE OF OHIO, BUTLER u COUNTY OF t a+ Q On this 13th day of May, "2009 before the"subsonber, a-Notary"Public of the State:of Ohio, -in and for. the County' of Butler, duly commissioned and 1 qualified; came Mark E. Schmidt, Assistant. Secretary of THE OHIO CASUALTY INSURANCE COMPANY, to me -:personally, known to be the a 1= a individual and officer described in, and who executed the preceding "instrument, and he acknowledged, the execution of=the same, -and being by me -- --� :LA duly -sworn deposes and says,_ that he is the officer of tire: Company aforesaid, and that the seal affixed -to the=preceding instrument is"the Corporate= : "�-r v at Seal of said Company, and the said. Corporate Seal "and his signature as -officer were duly affixed and subscribed to the said instrument by the -'authority y.V +- 3 O and direction of the said Corporation. O fW > IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City ofHamiiton; State of Ohio, the day and year fast £ 0 above written. QC ©L 60, Notary Public in and for County of Butler, State of Ohio My Commission expires August 17, 2013: d• a p Qom.. C C0 This power, of attorney is granted under and by authority of Article III, Section 9=of the Code of Regulations and By -Laws -of The Ohio Casualty - Qj Insurance Company, extracts from which read: Article III, Section 9. "Appointment of Attorneys -in -Fact; The Chaitman.of the Board; the President, -airy -Vice -President;; the Secretary or any Gf d AssistantSecretaryof the corporation shall be and is hereby vested. with full power and authority to appoint attorneys -in -fact for the purpose of 01. a ' O signing the name of the corporation as surety to, and to execute, attach the seal of the corporation to, acknowledge: and deliver any and all bonds, - . a E reco nizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of an individual, firm; _ g P g Y P P g Y = 3 W corporation, partnership, limited liability company or other entity, or the official representative thereof, or to any county or state, or any offrcial.board ca O'cc or boards of an count or state, or the United -States of America or an agency thereof, or to an other political subdivision thereof Y. Y Y g Y Y P � r =0- This instrument is signedandsealed as authorized by the following resolution adopted.by.the Boards of Directors of the Companies on October 21, er > 1, p_.�. 2004 ` RESOLVED, That thesignature of any officer of the Company authorizedunderArticle III, Section 9_of its Code of- Regulations and By-laws I� r x 9 v - and the Company "seal may be affixed by facsimile to any power of attorney oi- copy thereof issued on behalf of the Company to snake, execute, seal O Cr and deliver for.and on its behalfassurety any and all bonds, undertakings or.other written obligations in the nature thereof, to prescribe their V � respective duties and the respective limits of then' authority,.wid to revoke any such appointment. Such= signatures and seat areherebyadopted by the FO- r Company as original signatures and seal and=sball; with. respect to any bond, undertaking or other written obligations in the nature thereof to which it is attached, be valid and binding upon the Company with the same force and effect as though manually Affixed. CERTIFICATE 1, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify -that the: foregoing power of attorney, the referenced:ByZws of the Company and the above resolution of.its Boatel of Directors are true and correct copies and are in full force and effect on this date. 1N WITNESS WHEREOF, 1 have Hereunto set my hand and the seal of the Company this 13thday of November A.D-,2009 t � Assistant Secretan .N C C City ®f Huntington Beach 2000 Main Street a Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK March 9, 2010 Macadee Electrical Construction 4755 Lanier Rd. Chino, CA 91710 RE: CC-1199 & CC-1200 — Traffic signal controller cabinets change outs Enclosed please find your original bid bond for CC-1199 & CC-1200. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister CitiVif0ft j* d:rAtpekyr?j;ti66Wja,,New Zealand (Telephone: 714-536-5227 ) "SEALED BTD" for Traffic Signal Controller Cabinet Changeouts At the intersections of: Magnolia Street and Garfield Avenue, Magnolia Street and. Atlanta Avenue And Lake Street and Yorktown Avenues' CC-1199 and CC-1200 In the City of Huntington Beach - DO NOT OPEN WITH REGULAR MAIL 2009 i 0li 17 PM i s 23 MACADEE ELECTRICAL CONSTRUCTION 4755 LANIER ROAD CHINO, CALIFORNIA 91710 V CITY OF HUNTINGTON BEACH 2000 MAIN STREET, SECOND FLOOR HUNTINGTON BEACH, CA 92648 ATTN: CITY CLERK SECTION C. for the Traff,c Signal Controller Cabinet!Chan +eouts at the intersections of Magnolia Street and Garfield Avenue,. Mal nolia Street and Atlanta Avenue end Lake Street and Vorlttnwn Avenue 'C Nos. 1199 and 1200 ti ill the OF HUNTINGTON BEACH TO THE 1101NOWNAILE' MAYOR AND MEMBERS OF Ttll',-, COUNCIL OF HUNTINGTON BEACH-. In compliance with the Notice Inviting Scaled lids, the undersigned hereby proposes and agree,,,,, to perform all the work therein described, and to furnish till tabor, material, equipment ,and incident insurance necessary therefor, in accordance ance with the plans and specifications on file in the office of the City Engineer ineer of the City of Huntington ton Beach. 'fhe undersi ne '' agrees to . perfor t the xx'ork therein try -the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach,,, at to enter into a contract at the following prices. The . undersigned agrees to complete the work NN°ithin 0 working days. starting from the cute of the Notice to, Proceed. BlI,') E,R declares that this proposal is based upon careful extunination of the: work site, plans, specifications, Instructions to Fielders and all other contract documents, If this proposal: is. accepted for award, BIDDER agrees to enter into a contract with AGENCY at the; befit a td `or lump suits prices set forth in the following Bid Schedule. BIDDER understand$ that failure it) enter r into a contract in the mariner and time prescribed will result in forfeiture .tc 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 f c rnparih 'bids and that final compensation under the contract.will be based upon the actual quantities ofwork satisfactorily completed, THE AGENCY RESI-" VI'-, ' 'ITIE RIUI-I-i TO DEI..E'rp .mNly 'fl,-M FROM THE CONTRACT It is agreed that the unit and/or lump suite prices #fief include all appurtenant expenses, taxes, royalties, fees, etc., and will ire, guaranteed: fe r a perm, of sixth-dta}ys from the bid opening date. If at such Herat the contract is not awarded, the .o of-,iN"C � ilI rcje«,ct all Niels and will readv rtise the project. In t e case of discrepancies ies in the amounts , uni.t pride shall ;cavern over extended axttounts, mid wordsshall govern over figures. If awarded the- Contract , -the undersi tied agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary txmids ah insurance certificates within 10 Nvorki,ng days after the date of theAGENCY'S noticc 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 tt may, at the AGENCY'S option. he considered nulland void. Accompanying this proposal of hid, find . � in the3 am unto wM..which: said amount is not less than 1 " � f the aggregate of the total laid price, as requ red iby the Notice Inviting Sealed Yids, payable to the AGENCY. (Please insert the w-ords "Cash""Certified hewck"or "Bidder's Bond", as the arse may ).. Bidder shall si nits receipt of all Addenda here, if any: City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Traffic Signal Controller Cabinet Changeouts — CC 1199 & 1200 November 9, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: The following paragraph shall be added to Section 303-5.9, CONCRETE AND MASONRY CONSTRUCTION, Measurement and Payment. Payment for the replacement of any sidewalk, curb, gutter or driveway which is broken or damaged by the Contractor's operations shall be included in the price bid for the traffic signal modifications and no additional payment will be allowed therefore. This is to acknowledge receipt and review of Addendum Number One, dated November 9, 2009. kwp� -- - i �� Company Name L( � Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F Janusz at (714) 536-5431. Project Bid Schedule Traffic Signal Controller Cabinet Changgeouts At the Intersections of Magnolita Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue CC- 1199 and CC- 1200 U 14 hif .............. A; I L.S. Mobilization, 1,500.00 1,500.00 Per L& I L.S, Furnish Prt�lect Traffic Control, Per L,S, 3 1 1 L,S� \--Iodifv Traff te Sill at �Mitgnol ia Street and Garfield Avenue. $_,32 119.00 32,119.00 Per L.S. 4 I I—S. Modifv Traffic Siva, at Magnolia Street mid Atlanta Avenue. 9,185.00 Pcr]—S. Inc 1 I—S. Modif�, Tratiijc Signal at Laand Lae Street YorMovvii Avenue. �5441_kQS5 411.00 per L.S. 6 1 E—A. Construct Curb Ramp per Caltrans Swidard Plan No, A93A, Including 4500.00 4,500.00 ......... .. . ...... ..... A(tiacent Gutter Plate and AC Paving I Per EA. Replacernenc total Amount Bid in Figures: 54,745,00 Total Amount Bid in Words: S Fifty Four Thousand Seven Hundred Forty Five Dollars and Zero Cents Note: The City will provide the traffic signal cabinets, the traffic signal electrical -service cabinets and the push buttons at no cost to the contractor. Contractor is to pick up the niaterials at the City Yard, 17' )71 Gothard Street, Contact George Ruff two working days in advance for pick u at (714) 536-5530. LIST OF SUBCONTRACTORS In accordance with Government Code Section,4104, the Bidder shall set forth the name and business address of cacti subcontractor who will perform work- or render service to the bidder-oti said contract in an amount in excess of one-half of one- percent of the total bid and the portion of the work- to he done by such subcontractor. By submission of this proposal� the Bidder certifies - I. "I*Iiat he is able to and will peribnn the balance of all Nvork which is not covered in the above subcontractors listing. 2. That the ACISY will be fumished copies of all subcontracts entered into and bonds furnished her subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE ExEcurED BV BIDDER AND SUBMITTED WITH BID Suite eat' California ss. Courity of Orange San Bernardino Kevin McCarthy - - - --------- - being first duly sworn, deposes and says that fie or she is Corporate Secretary 0 , f _,,M_kcadee Electrical Construction, Inc. - the party making the foregoing bid that the bid is not made in the ititer",w of or on the hchall'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, mid has riot directly or indirectly colluded, conspired, connived. or agreed with aity bidder or anyone else to put in a,shain bid, or that anyone shall refrain from bidding; that the bidder has not in an), manner, directly or indirectly, sought by a6werrient, communication, or conference, with anyone to fix the hid ,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. , Kevin McCarthy Name of Bidder S* 11 tire ire c er 4755 Lanier Road, Chino, CA 91710 ,Address of Bidder Subscribed and sworn to before me this 16th day of November 2009 - - - - - - - - - - A.JOHNSON Commission # 1811232 Notary Public - California z San Bernardino County I NOTARY PUBLIC My Comm. Expires Aug 26, 2012 t XOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF UUNINTINGTON REACH, CALIFORNIA Gentlernew The undersigned hereby promises andagrecs that in the perforinance of the work- sNcified in the contract, known as the *rraffic Signal Controller Cabinet hang outs at the intersections of Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue andtake Street and Yorktown Avenue (CC-1199 and CC-1200), 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, (41ifomia Administrative Code, Section 2700, as follows: "Qualified Person: A jxrsoii who, ky reason oj-tt%lierience or instruction, isfiandiar with the ojxxation to be 1,7erforined and the hazwr� involve(t " The undersigned also promised and agrees that all such work shall be perfortned in accordance with all applicable electrical utility company's requirements, Public Utili I ty Commission ordms, 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 a,"ure compliance by any said subcontractor or subcontractors with the requirements contained herein. , Date: 11/16/09 Macadee Electrical Construction, Inc. Contractor J 13�-t-6 ;thv Zv , vin c; Corporate Secretary Title C-5 DISQUALIFICATION QUESTIONNAME fn accordance with Government Code Section 143 1 0—i, the Bidder shall complete, under penalty of perjury, the following questionnaire, QUESTIONNAIRE Has ffic Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Biddcr ever been disqualified, removed or otherxisc pry: vented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety - regulation? LJ Yes 3 No If the answer is yes, explain the circumstanecs in the space provided. Note: This questionnaire constitutes at 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 of has been awarded shall sig ,n 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 vith such, provisions beffire cc minencing the performance of the work of this contract. Date. 11/16/09 C-7 Macadee Electrical Construction, Inc. Contractor 13V Corporate Secretary 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 corgi feted and returned to the AGENCY. 'Section 42164217 ol'the Govenunent Code requires a I)ig Alert Identification Number tic issued belbre a Perrait -to Exeavate will, K-- valid, To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-8fill- 422-4133 a mininuan of two working days before scheduled excavation. Dig Alert Idettlijication Alamber: . .............AA. . Contractor By Titte Date: Note: This - forin is� required for eveq Dig Alert Idetafflication JVutnber issued bpSA. durinjg the course ql* the ff'ork. Additionalfio-nis rnqy be obtainedftom the A GE'AACT u1jort request. ("1_8 BIDDER'S INFORMATION BIDDER certifies that the following inforniation is tnie and correct: Macadee Electrical Construction, Inc. Bidder Naine 4755 Lanier Road Business Address Chino City, k627 92? -1336 _ L Telephone Nninber 583125 - C-1 0 State Contractor's License No. and Class June 29, 1989 Original Date Isitied December 31, 2009 Expiration Date CA 91710 State Zip 'lliework site \Nras inspected 1,)N, Kevin McCarthy of our office on November 5 20og. The lbilowiry g are Ivrsons, firsts, atnd,corpoiations having a principal interest ill this proposal: Debra McCarthy - Vice President & Treasuer Kevin McCarthy - Corporate Secretary (W The undersigned is prepared to satisfy the Council of the City of I-ILvitington Beach of its ability-, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with theplans and,specifications set forth. Macadee Electrical Construction, Inc. Company Nanle 9 Kevin Printed or Typed Signature Subscribed and sworn to before tIle this 16th day of November 2009-, &JOHNSON Commission # 1811232 Notary Public - California San Bernardino County My Comm. Ex fires Aug 26,2012 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* City of Chino - 13220 Central Avenue, Chino, CA 91710 Name and Address of Public Agency Name and Telephone No. of Project Manager: Ms.Naghmehimani-(909)464-8367 f BBS March '09 Contract Amount Type of Work late ,CoWpFc_ted 2. City of Placentia - 401 East Chapman Avenue, Placentia, CA 92870 Name and 'Address of Public Agency Name and Telephone No. of Project Manager: Mr. Andrew Muth - (714) 993-8245 108 576.00 Traffic Signal Coordination November'08 Contract Amount Type of Work bate Completed 3. City of Anaheim - 200 S. Anaheim Blvd, Anaheim, CA 92806 Name and Address of Public, Agency Name and Telephone No. of Project Manager: Mr Richard A 182,611.00 Twila Reid Fire Station No. 11 Traffic Improvements October'08 Contract Amount Type of Work Date Completed' C-10 GREAT AMEIZICAN INSURANCE COMPANY OHIO Bond No. N/A BID BOND Approved by The American Institute of Architects, A.I.A. Document No. A310 February, 1970 Edition KNOW ALL MEN SYTHESE PRESENTS: that we Macadee Electrical Construction as Principal, hereinakt- called Principal, and GREAT AMFRICAN INSURANCE COMPANY, a corporation duly organized under the laws ofthe Stateofphio, with Administrative Offices at 580 Walnut Street, Cincinnati, Ohio 45202, as Surety, hereinafter called the Surety, arc held firmly bound unto City of Huntington as Obligee, hereinafter called Obligee in the sum of Ten percent of amount hid Dollars tS 10% 1 r For the payment of which sum well and truly to be made, and 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 abid for Traffic Signal Controller Cabinet Changeout,--at the intersections of: Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue CC Nos. 1199 and 1200 NOW,-1'I1EREFORE, if the Obligee shall accept the b+d 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 prornmpt payment of labor and material flu-nished in the prosecution thereof, or in the event of the failure or 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 penally 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 perrorm the Work covered by said bid, then this obligation shall be mill and void, otherwise to remain in full force and effect. Sighed and scaled this 10th day of November , 2009 k: the presence of Macadee Electrical Construction (Principal) (Seal) By_ rKLe'vr' cCarthy, Corporate Secretary 4Seal� GI EAT AMM RICAN INSURANCE COMPANY (Surety) Y Pamela McCarthy (Attorn(y-in-Fact) Bid [fond 179670a CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ss. County of San Bernardino On November 10, 2009 before me, Cynthia J. Young, 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 CYNTHIAJ. YOUNG within instrument and acknowledged to me that she COMM. # 181�614 executed the same in her authorized capacity, z NOTARY PU1i3UC - CALPORNME and that by her signature on the instrument the SAN13ERNARDWOCOUNTy '' person, or the entity upon behalf of which the person My Comm. Expires Juty'15, "11 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. �4 'a�. gnature of 6 tary Oublic 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: O Individual O Corporate Officer Title O Partner -- C3 Limited ® General O Attorney -in -Fact a Trustee ® Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET S 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. 014463 POWER OF ATTORNEY KNOW ALL MIEN 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, each individually if more than one is named, its true and lawful attomey-in-fact, for it and in its name, place and stead to execute on 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 limit stated below. Name Address Limit of Power JAY P. FREEMAN ALL OF ALL PA 4ELA McCARTHY SAN BERNARDINO, $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 affixed this 14°i day of, MAY 2009. Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: Dawn C. KiTCHiN (513-412-4602) On this 14m day of MAY , 2009, before me personally appeared DAVID C. KITCHIN, to me known, being duly swom, 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 Division Senior Tice President, the several Divisional Vice Presidents and Divisional 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 afters and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to arty 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 affixed CERTIFICATION I, STEPHEN C. BERAHA, 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 June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this /0#— day of, �� 20C�61' i6) City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK March 9, 2010 Terno, Inc. 15701 Heron Avenue La Mirada, CA 90638 RE_ CC-1199 & CC-1200 — Traffic signal controller cabinets change outs Enclosed please find your original bid bond for CC-1199 & CC-1200. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister Citioro&4i //4aWt/?eWrvkL%6we,,4,�ew Zealand (Telephone: 714-536-5227 ) TERN0,11K. 15701 Heron Avenue E", TM38-5206 La Mirada, CA FUMICAL �;DN RACTOR3 QA $62724 C-1 0, A �EALEL) r5lD OF I ERNO, INC. FOR TRAFFIC SIGNAL CONTROLLER CABINET CHANGEOUTS CC Ness. 1 1 Qc) N. 1200 7 2009 NOV 13 PIN 1: 03 r SECTION C PROPOSAL for the Traffic Signal Controller Cabinet Changeouts at the intersections of: Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue And Lake Street and Yorktown Avenue CC Nos. 1199 and 1200 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 30 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 C-1 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. 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 $ 0 4 which said amount is not less than 10% of the aggregate ot 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 i r',rSi nature 2 (i *ftnt C-2 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 aoov For Traffic Signal Controller Cabinet Changeouts — CC 1199 & 1200 November 9, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: The following paragraph shall be added to Section 303-5.9, CONCRETE AND MASONRY CONSTRUCTION, Measurement and Payment. Payment for the replacement of any sidewalk, curb, gutter or driveway which is broken or damaged by the Contractor's operations shall be included in the price bid for the traffic signal modifications and no additional payment will be allowed therefore. This is to acknowledge receipt and review of Addendum Number One, dated November 9, 2009. i I tic - Timithy I Erne, President Company Name By 111 Date T— All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at (714) 536-5431. Project Bid Schedule Traffic Signal Controller Cabinet Changeouts At the Intersections of Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue CC-1199 and CC-1200 1 II 1 L.S. II Mobilization. Per L.S. $ s 2-04 00, II $ 1;,2C�Zk. 0C 2 1 L.S. Furnish Project Traffic Control. $ —Ingo $ Per L.S. rL.S. Modify Traffic Signal at Magnolia Street and Garfield Avenue. _JI II Per L.S. 1 L.S. Modify Traffic Signal at Magnolia Street and Atlanta Avenue. II Per L.S. 1( II I 5 1 L.S. Modify Traffic Signal at Lake Street and Yorktown Avenue. $ $ &110 0. O0 Per L.S. T 6 1 E.A. Construct Curb Ramp per Caltrans Standard Plan No. A88A, Including $ IS9,5xo $ A'3e& oo Adjacent Gutter Plate and AC Paving Replacement. Per EA. Total Amount Bid in Figures: $ 521a\44t. 0'0 Total Amount Bid in Words: $ �� �yTwo oasfti..� ��� �u ,r+ ev��ti �rx�ri � k,-4&5 Note: The City will provide the traffic signal cabinets, the traffic signal electrical service cabinets and the push buttons at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. 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. Portion Name and Address of Subcontractor State License Class of Work Number =PA 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 I®1ONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of O ge �\ M-ki-V\y 37° F � NQ , being first duly sworn, deposes and says that he or -Sire -is of Q f �A O , 1 �-� 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 Subscribed and sworn to before me this day f l\ <�-eE NOTARY PUBLIC eoN Bidder Erno, President ,20_ �ac�PG4 A I 'qw-3g NOTARY SEAL C-4 CALIFORNIA JURAT WITH AFFIANT STATEMENT C/,.:tiS �C � S � 3 S�� '�.��.ra.CrS '�C!s�i'�C C � ��' ti S�.�C�'SC�.�2 +\S '�.C�,• C `�4 S���S�•��vc�S 5����rC,.. K See Attached Document (Notary to cross out lines 14 below) E See Statement i' • to be completed only by document signer[s],• Signature of DcgAent Signer No 1 State of California County of Los Angeles KRISTEN RENEE CZUPRYN Commission * 1824706 a Notary Public - California zLos Angeles County � my Comm. .EEx ire�Nov 25, 2012 Signature of Document Signer No 2 (if any) Subscribed and sworn to (or affirmed) before me on this 13th day of November 2© 09 by Dale Month Year (1) Timithy J. Erno Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (..) (,) (and (2) None Name of Signer proved to me on the basis of satisfactory evidence to be the pers n ho ap eared before me.) 9 Si nature Signature of otary is 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 - • - • fraudulent removal and reattachment of this form to another document Top of thumb here Top of thumb he Further Description of Any Attached Document Non Collusion Affidavit =.�. Title or Type of Document: Nov 13, 2009 1 : ; Document Date: Number of Pages: ;Z Signer(a) Other Than Named Above: None 02007 Nafonal Notary Association- 9350 De Soto Ave PO Box 2402 - Chatsworth CA 91313,2402- www NationalNotaryorg Item 85810 Reorder.. Call Toll -Free 1-8W476-6827 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 Controller Cabinet Changeouts at the intersections of Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue (CC-1199 and CC-1200), (1)(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: Contractor IM Title J. Erno, President 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 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. 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. 1 2P,N c) , 19C . Contractor I Erno, President 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: Contractor LIM 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 certifies that the following information is true and correct: o o 1 V-� C Bidder Name 1V�?-1o� Business Address City, State Zip Telephone Number A- , State Contractor's License No. and Class (011 o 1 2-0a� Original Date Issued �,I I2o11 Expiration Date The work site was inspected by V Lk f our office on t� DPI , 20�cj 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. ACC . Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this L72 day ofKDVEgJae.,C , 200-1. KRISTEN RENEE CZUPRYF Commission # 1824706 z :m Notary Public - California Los Angeles County /�,tNOTARY PUBLIC�C14AA� My Comm. Expires Noy 25, 2( NOTARY 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: Contract Amount Type of Work tv5ee 6I Date Completed Date Completed Date Completed C-10 Terno, Inc. • La Mirada, California I a Flatiron Consuumn company 15701 Heron Avenue La Mirada, California 90638-5206 Phone: 714-228-9631 Fax: 714-228-9635 www.temoinc.com Project Narne: New Traffic Signal Install Contract Amount: $260,109.00 Date Completed: 03/06 Owner's Name: City of Anaheim Contact Person: Keith Laster Telephone Number: (714) 231-8373 Project Name: Traffic Signal Modifications - Contract Amount: $3'f7,450.00 Date Completed: 0=6 Owner's Name: City of Riverside _ _ • _ •_--- -- - .-.... Contact Person: Derek Wl e' lss - _-.. _ ... _.. Telephone -Number: (a51) 826-5366 ... Proje t Nate; TrafSc Signal/Streeting L.igkt & Fiber Optics Contract Amount: $2,165,000.00 Owner's Name: Sequel Contracting Contact Person: Alike Mahler Project Name: Truck Impacted Inter. Contract Amour $454.887.00 Owner's Name: County of LA Contract Person: Tan Phan Date Completed: Still going Telephone Number: (562)802-7227 Date Completed: 10106 Telephone Number. (626) 4584966 Project Afan:re: Install New T a Contract Amount: $171,839.00 Date completed: 6/05 '—••'^- Ovnmer's Name: Cdy'of Sign Juan Capistrano • - •�""� Contact Perscai:'Alan Oswald � R ' _ Telephone Number (949) 443-6356 Project Na.►Fte: T.3Install & Mod Contract Amount: $306,157.00 Owner's Name: Turner Construction Contract Person: Kent Woodhouse Date Completed: 06/07 Telephone Number: (714) 669-7330 Page 1 of 2 A HOCHTIEF Company Temo, Inc. - La Mirada, California erlence of Bidder I a Flat -iron Gonsmicllon t company 15701 Heron Avenue La Mirada, California 90638-5206 Phone:714-228-9631 Fax: 714-228-9635 www.femoinc.com Project Name: Fredcstrian Crosswalk Contract Amount. $252,097.00 Date Completed: 4106 Ownees; Name: West Covina Contact Person: Miguel Hernandez Telephone Number (626) 939-3425 Projec1'i1[a<-ae: T_S-Modiffcaffons Contract Amount: $2,816,466.00 Ownees Name: City of Long Beach Contact Person: Douglas ,Me Loughlin. Project Namlax Street Ligiing Contract Amount- $319,000.00 Ow nee's Nance: City of Culver City Contact Person: Lee Torres Projebt Ndii & Poor Dittitutidn Contract Mount: $580,967.00 Owner's Name: Irvine Unified School District Contact Person: Spencer Jordan Elate Completed: 09107 Telepinone Number: Date Completed: 09100 Telephone Number: (310) 253-5523 Date Completed: 11108 Tele; `none Number (949) 337-5151 Project Nar w. Track Signalization. Intersect -ion IFniprovennent ContFa #;A $1,299,417.00 Date CQMt Plated: 01107 Ownmr s-Name: City of Rlaltn �.-.. ,- Contact Person: Emilio Ramirez Telephone Number: (909) - 820-2525 Page 2 of 2 A HOCHTIEF Company Terno, Inc. • La Mirada, California Prior Work References: Cite of Anaheim Keith Laster 714/ 231-8373 City of Culver City Lee Torres 310/ 253-5600 City of Long Beach Mike Sickies 562/ 570-6555 County of Orange John Dean 714/ 567-6300 City of Rialto Jaime Cruz 909/ 820-2532 City of Riverside Tim Cianci 909/ 232-7140 City of West Covina Miguel Hernandez 626/ 926-4230 Kneisley-Cocita Const. Ted Neugebauer 760/ 735-6446 LA County Blaine Bolduc 626/ 201-7245 Sequel Construction Tom Pack 562/ 802-7227 Sully Miller Bob Maulucci 714/ 449-2270 15701 Heron Avenue La Mirada, California 90638-5206 Phone:714-228-9631 Fax: 714-228-9635 www.ternoinc.com A HOCHTIEF Company An Equal Opportunity Employer THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. F00458 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Terno, Inc. 15701 Heron Avenue La Mirada CA 90638 as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America Construction Services, One Tower Square, Hartford, CT 06183 a corporation duly organized under the laws of the State of CT as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 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 Controller Cabinet Changeouts at the intersections of: Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue - CC Nos. 1199 and 1 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 12th day of November 2009 / Terno, Inc. J (Prin ar (Seal) n �u���nwarrryur,�� T J. Tiefi o, Richard Kujawa, V.P./A su \\� ���.ao C� B (Title) H ' fiAl"I'rirOHilt { 0 * Travelers Casualty and Surety Company of America s �. �-�A . �-, ,1 ��••���a�z _.� (Surety) (Seal) Sherryanne DePirro (Witness) B: Attorney-in-F r Mary R. McKee (Title) AIA DOCUMENT A310 ® BID BOND ® AIA ® FEBRUARY 1970 ED. ® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF L ns Aaijoe '!S, } ss. On [ADW,>.f �2Qo f3 before me, f�� v p (` 1`hD��v�� �C personally appeared U personally known to me (or proved to nie 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, execut TEN RENE CE C PAYN Commission # 1824706 WITNESS my hand and official seal. notary Public - California Los Angaias CountyMy J%P . �. 4>14 /1 �,., Comm. E res Nov 25, 2012 (NOTARY SEAL) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type Bond No. F00458 THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages 6 Date of Document 11/12/2009 Signer(s) Other Than Named Above Mary R. McKee Attorney -In -Fact Travelers Cas. and Surety Co. of America ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On } ss. before me, personally appeared 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. Signature (FOR NOTARY SEAL OR STAMP) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT. Title of Document Type Number of Pages Date of Document Signer(s) Other Than Named Above DOCUMENT PROVIDED BY STEWART TITLE NOTAR-1 DOC CORPORATE ACKNOWLEDGMENT Form 152 STATE OF NEW JERSEY COUNTY OF BERGEN On this 12th day of November , 2009, before me personally came Mary R. McKee to me known, who, being by me duly sworn, did depose and say that she/he resides Saddle Brook, NJ that she/he is the Attorney -In -Fact of Travelers Casualty and Surety Company of America the corporation described in and which executed the above instrument that she/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order. (SEAL) /J/U7�Ztc, �z> t LAC SHERRYANNE DEPIRRO A NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES 2/10/2012 P S TD w--K Uml-ma i.vst ATjYJSTMa4T EX�-NSES .275,222,IS2- NVESIMENT-RODDW DUEAND ACCRUED 4E4453a;E31 CDMW.BSJC)NS m .. 3- msszi--s TA)C-SC33C-b iz-: E'S A* HD FEES . P47 iRMER -F—E)RsuRk4O�-= -TREA-aFS i�J;�s ICA-- 'ATE AjXoUNj-MMe4ELD ♦I RETAMEDB-� ODWPANYFORV-lfi� al,%4*8 Pouuyficwal mTAr,Yl 5N(3,s 3 NET:?-REMrjhgs -aLE j4&--V 53t-) SAMA, LVA-MMMES ;=RM 07-F-riE R 9-16 ' q US TOT: L 5-4096.243,572-: -TOT.-u9tu 5 -s_*_ ERr- RL. -a-ama-E-5-11 Saws - OF 7HATTO TKE i3:-:;STt F�R—F,3NG 'SA- --A-VfASO,:= -IHE sv§st- :wD� fro ams�z- mE -r":,t 17ti- DAYADF A79RIEn Meg- 0 AAARMAC- —1 ETRFAvsLT Ar-q-twy EV&rulfae I't 2an A POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Surety Bond No. F00458 M41. St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Principal: Terno, Inc. Traffic Signal Controller CabinM Change fts at the inter-Ams of Magoolo Street and City of Huntington Beach Project Description: ��el Avenue, Magnolia Street and Atlanta Avenue and lake Sheet and Yo ktown Avenue Obligee: t J 1199 and 1200 KNOW ALL MEN BY THESE PRESENTS: 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 Mary R. McKee of the City of Woodcliff Lake , State of NJ , 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 permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this Sth day of August, 2009. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. 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 United States Fidelity and Guaranty Company G�:vat ,�,a,-y',1Y `yRi�Y Fa tar � r»•�a r`�o `^ � >�t,i� 'v(4 ? ~y t)` � * !b� O; ��a .ice 4� • � ,� 1� a 1977 1951 VA State of Connecticut By: City of Hartford ss. Geci6e w64filomp'son,<SaWor vice President On this the Sth day of August, 2009, 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., 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. G Tyr My Commission expires the 30th day of June, 2011.E Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., 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, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., 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 do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 12th day of November , 2009 Kori M. Johanson, Assistant Secretary G�Ieg�1O � ,y,,�4i«eC8�,►'2Gr }«ibe` �[iy�197'�`7T+G• %Y'y2,n, �1%9�5'.C1^? - �� �r�i�s.F'%l�,TZ v?�a�`s1ase►.�araqr«,uy4� aA�� �� ZV�� �ss�•asAL�'�*,1^,�n �o`� I'WRFdY� Y� ,p '�{t1 pNldt' To verify the authenticity of this Power of Attorney, call 1-800-421 3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. City of Huntington Beach 2000 Main Street o Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK March 9, 2010 Moore Electrical Contracting, Inc. 463 North Smith Avenue Corona, CA 92880 RE: CC-1199 & CC-1200 — Traffic signal controller cabinets change outs Enclosed please find your original bid bond for CC-1199 & CC-1200. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sisterc&(New Zealand ( Telephone: 714-536-5227 ) MOORE ELECTRICAL CONTRACTING, INC. 463 NORTH SMITH AVENUE CORONA, CA 92580 610382 C-109 A (951) 371-4202 . CONTRACTING, INC. FOR: RSEOTIONS ■ arkys s WITH REGULAR MAIL" **** SEALED BID PROPOSAL. DO NOT OPEN UNTIL 2:00 PM, NOVEMBER 17, 2009**** CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN ST, 2NDFLOOR HUNTINGTON BEACH CA 92648 SECTION C PROPOSAL for the Traffic Signal Controller Cabinet Changeouts at the intersections of: Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue And Lake Street and Yorktown Avenue CC Nos. 1199 and 1200 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 30 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 C-1 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. 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 107. Bidder's 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). 1� Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received (B)ddes Si nature 1 11 9 09 Ri istyB. Moo �, President C-2 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Traffic Signal Controller Cabinet Changeouts — CC 1199 & 1200 November 9, 2009 Notice To All Bidders; Please note the following clarification to the Project Plans, Specifications, and Technical Provisions; The following paragraph shall be added to Section 303-5.9, CONCRETE AND MASONRY CONSTRUCTION, Measurement and Payment. Payment for the replacement of any sidewalk, curb, gutter or driveway which is broken or damaged by the Contractor's operations shall be included in the price bid for the traffic signal modificiffions and no additional payment will be allowed therefore. This is to acknowledge receipt and review of Addendum Number One, dated November 9, Moore Electrical Contracting, Inc. Company Name �gg Ku§ty B. Moore 11/17/09 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at (714) 536-5431. Project Bid Schedule Traffic Signal Controller Cabinet Changeouts At the Intersections of Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue CC- 1199 and CC- 1200 1 1 L.S. Mobilization. n tla $AUOD-N Extended Am9unt $32W'DO Per L.S. I L.S. Furnish Project Traffic Control. Per L.S. 3 1 L.S. Modify Traffic Signal at Magnolia Street and Garfield Avenue. 65-33-no $233.�J.po Per L.S. 4 1 L.S. Modify Traffic Signal at Magnolia Street and Atlanta Avenue. $11 $ 9 Per L.S. 5 1 L.S. Modify Traffic Signal at Lake Street and Yorktown Avenue. Per L.S. 6 1 E.A. Construct Curb Ramp per Caltrans Standard Plan No. A88A, Including ORIN- $4,[MW Adjacent Gutter Plate and AC Paving Replacement. Per EA. 19=;-a 00 Total Amount Bid in Figures: $ TLDtal Amount Bid in Words: I W10 AC)L-L Note: The City will provide the traffic signal cabinets, the traffic signal electrical service cabinets and the push buttons at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. 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 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 Rusty B. Moore , being first duly sworn, deposes and says that he or -she is PrPG; dpmt- of Moore Electrical Contracting, 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. DIANE RENE CODY Commission # 1777745 <' : -� Notary Public - California = _ "� Riverside County fViy Comm. En*9s Nov 8. 2011 (SEE ATTACHED Subscribed and sworn to before me this NOTARY PUBLIC Moore Electrical Contracting, Name of Bidder Signature of der Rusty B. MoV91, President 463 N SmitY Avenue Corona, CA 92880 Address of Bidder day of , 20 _ NOTARY SEAL C-4 CALDIFORMA Ladd-f URPOSIE I CKMOWL EDIMPMEM7 State of California County of Riverside On 11/17/09 before me, Diane Rene Cody, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rusty B. Moore Name(s) of Signer(s) DIANE ENE CODY Commission # 1777745 r Notary Public - California ' Riverside County My Comm. Expires Nov 8, 2011 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sHs/are-subscnbed to the within instrument and acknowledged to me that het'she/tttasy executed the same in his/herAhetr-authorized capacity(ies) and that by his/hedthelirsignature(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 nTArhand and official al. Signature Puce Nwary Seal Above Diane Renetody.=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(les) 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: Moore Electrical Contracting, Inc. 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: Moore Electrical Contracting, Inc. a . a Top of thumb here 02007 National Notary Association. 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402- ww ..NationaiNotaryorg Bem #5907 Reorder.Cad To&Free 1-80g-876-6827 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 Controller Cabinet Changeouts at the intersections of Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue (CC-1199 and CC-1200), (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: 11/17/09 Moore Electrical Contracting, Tnc. Contractor Rusty B. Mooid, 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 govermnent project because of a violation of law or a safety regulation? ❑ Yes �'i4�lo 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: 11/17/09 Moore Electrical Contracting, Inc Contractor 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 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: Moore Electrical Contracting, Contractor Rusty B� Jbre, President Title Date: 11/17/09 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 certifies that the following information is true and correct: Moore Electrical Contracting, Inc. Bidder Name 463 N Swath Ave Business Address Corona, CA 92880 City, State Zip ( 951 ) 371-4202 Telephone Number 610382 C10, A State Contractor's License No. and Class 1/22/91 Original Date Issued 1/31/11 Expiration Date N/A 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: See Attached 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. Moore Electrical Contracting, Inc./ - Company Name Signature of Bidder Rusty B. Moore, Presiden /"' Printed or Typed Sign Lure (SEE ATTACH) Subscribed and sworn to before me this day of 1200 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. See Attached 2. 93 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: Contract Amount Type of Work Date Completed Date Completed Date Completed C-10 C ALUV®R1` UA AL1PQJ► RPOO VE ACKMOWLE®ONI WT �CX�i:c`ti•=<:c�> .M.�en��-C- �`+8�'-. _ ` _.. - �= .ct'ro^C�=;�Y`.c�'��^,cM.cC3u�'%�%�f%G'C�(':EQ:v�(si<`%�:-",�`:� � ^,�:�^�_ .=ram-o --- �3<' :5 -=:C'.c� State of California County of Riverside On 11/17/09 before me, Diane Rene Cody, Notary Public Date Here Insert Name and Title of the officer personally appeared Rusty B. Moore Names) of Signer(s) DIANE RENE CODY Commission # 1777745 ., Notary Public Californiazz .. Riverside County (Vty Comm. Expires Nov 8, 2011 who proved to me on the basis of satisfactory evidence to be the persoaW whose name* istaraebbscnbed to the within instrument and acknowledged to me that hels e5 executed the same in hi it authorized capacity((es , and that by hismeWft4-j0iaturefs)-on the instrument the person(s}, or the entity upon behalf of which the persw(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. WITNESSjZy hand and.offi ' I seal. Signature Pie "°` Above ene Cody, Xtary 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: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact e - ❑ Attorney in Fact a -- ❑ Trustee Top of thumb here El Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Moore Electrical Contractin¢. Inc. Moore Electrical Contractina. Inc. .:.=ti.=.-:._ 11__h;_.-. � --J_ci-='�X^F.:f;_.r-C:-'=_C._' - •'..—.�'_.;:_J�,.,_'Z ;t,'v•_ ..c_-_£^�=�C^.�-,- C2007 National Notary Association- 9350 De Sofa Ave., P.O. Box 2402 •ChatmNaM, CA 91313-2402 • www.NationalNotaryorg item M5907 Reader.CaU ToE-Free i-80D-876-6827 1. Job Number: 2. Job Name/Location: 3. Estimator: 4. Contract Amount: . �a , A����•z� - ..;.: -�- _�. ."� Date: I, z ram::. Bid Date: •s' PM: -" Y x 5. General Contractor: Street: City, State, Zip: Contact Person: Telephone #: 6. Owner: Street: City, State, Zip: Contact Person: Telephone #: ***** Federal Aid Project # 7. Estimated Start Date: 8. Working Days: 9. Liquidated Damages: 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: 14. Date Contract Mailed to Owner/General Contractor: GF: Billing Date: HIM dry ... J„rs'%i�•;!:F�..✓w%. 15. 20 Day Prelim Notice: ,;���:��>.•"..���,..e. 16. Date Signed Contract Received by Moore: 17. Certified Payroll ?:r,v"� 18. The Following Forms Requested Were Mailed with Contract: 3. Date: 2. 4. Job Infomation Sheet C147.xis 1. Job Number: 2. Job Name/Location: 3. Estimator: 4. Contract Amount: PM: 5. General Contractor: Street: City, State, Zip: Contact Person: Telephone #: 6. Owner: Street: City, State, Zip: Contact Person: Telephone #: ***** Federal Aid Project # 7. Estimated Start Date: 8. Working Days: 9. Liquidated Damages: JOB INFORMATION & CHECKLIST `% ra ;.;�;�,����>v;�:...�.�.,�� ;;�h�<.�r�z Date: 10. Contract Approved As To Amount and Scope: 11. Contract Approved As To Legal Content: 12. Copy of Contract to Moore Files (Unsigned): Bid Date: GF: Billing Date: 13. Date Insurance Certificates Requested: 'K 14. Date Contract Mailed to Owner/General Contractor: 15. 20 Day Prelim Notice. ?«sue "'�' z. - ..- , .;,,��;;:_.<;=x �:F� Date r;..... 'F .L ZfS 16. Date Signed Contract Received by Moore:_ 17. Certified Payroll pry>.;; ;-.:3 ":,:s,:::. :, (Yes or No) 18. The Following Forms Requested Were Mailed with Contract: XF 1.u'..'.:•:�,>�t.:.=c,-„=;��i"'��i'�::',•:.. wok .. '�<;< :--�?z,r?ka.:s,,.: .na<'.,:;��• u<:,.. ;, �`',>`s�,�: 3. 4 Job Information Sheet T517.x1s 0..G . ; > ' JOB INFORMATION & CHECKLIST 1. Job Number: ....... _ �.�,.��r�< �sx�:�, �:;.:,<;:-� Date: 2. Job Name/Location: �:;y✓ 3. Estimator::", ;. „taDate: . -.�°. ,�o�� .n� ..: 3,<�: � Bid 4. Contract Amount: GF 5. General Contractor: Street: City, State, Zip: Contact Person: Telephone #: 6. Owner: Street: City, State, Zip: Contact Person: Telephone #: ***** Federal Aid Project # 7. Estimated Start Date: 8. Working Days: 9. Liquidated Damages: Billing Date: %= 10. Contract Approved As To Amount and Scope: _�l�_�����:������- 11. Contract Approved As To Legal Content: RON y 12. Copy of Contract to Moore Files (Unsigned): yKr,2�:31 13. Date Insurance Certificates Requested: ,-,:.. row 14. Date Contract Mailed to Owner/General Contractor: =»< `" ;'<M << = =s rr 15. 20 Da Prelim Notice: z= , srw;-` =< "'' Date: 16. Date Signed Contract Received by Moore: -ry 17. Certified Payroll ...� , _ ; (Yes or No) 18. The Following Forms Requested Were Mailed with Contract: 2. Job Infomation Sheet T514.xls 1. Job Number: 2. Job Name/Location: 3. Estimator: 4. Contract Amount: PM: 5. General Contractor: Street: City, State, Zip: Contact Person: Telephone #: 6. Owner: Street: City, State, Zip: Contact Person: Telephone #: ***** Federal Aid Project# 7. Estimated Start Date: 8. Working Days: 9. Liquidated Damages: JOB INFORMATION & CHECKLIST Date: Bid Date:r,,-emllll-;.07%4� �� X-11 i Q-1 MINCE, Q� I GFMIM"NORM .............. ........... 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: 14. Date Contract Mailed to Owner/General Contractor: Billing Date: 15. 20 Day Prelim Notice: 1191w1,11,l-o Date: 16. Date Signed Contract Received by Moore: 17. Certified Payroll ?: (Yes or No) 18. The Following Forms Requested Were Mailed with Contract: ma 2. 3. 4. Job Infomation Sheet T509.x1s 1. Job Number: 2. Job Name/Location: 1 3. Estimator: 4. Contract Amount: JOB INFORMATION & CHECKLIST P M: 111110 gym I W & D 0 W 5. General Contractor: Street: City, State, Zip: Contact Person: Telephone #: 6. Owner: Street: City, State, Zip: Contact Person: Telephone #: ***** Federal Aid Project # 7. Estimated Start Date: 8. Working Days: 9. Liquidated Damages: K, 01 , 0.1170 My- 0- 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: 14. Date Contract Mailed to Owner/General Contractor: Date: Bid Date: GF: Billing Date: 15. 20 Day Prelim Notice: VIT", 'T 16. Date Signed Contract Received by Moore: 17. Certified Payroll ?: k" A (Yes or No) 18. The Following Forms Requested Were Mailed with Contract: Date: a Job Infornation Sheet C1 34.xis (M) JOB INFORMATION & CHECKLIST 1. Job Number: 140 Date: 2. Job Name/Location: 3. Estimator: j'ft �" q Bid Date: 4. Contract Amount: WNW PM 1% -41 GF: S. General Contractor: Street: City, State, Zip: Contact Person: Telephone #: 6. Owner: Street: City, State, Zip: Contact Person: Telephone #: ***** Federal Aid Project # 7. Estimated Start Date: Billing Date: 8. Working Days: M14-001 .......... 9. Liquidated Damages: 11M.11"I'IN, 01441 40-11-il*1- 01 '1 10. Contract Approved As To Amount and Scope: 11. Contract Approved As To Legal Content: MINE 1111r� 12. Copy of Contract to Moore Files (Unsigned): a 13. Date Insurance Certificates Requested: 14. Date Contract Mailed to Owner/General Contractor: ........... 15. 20 Day Prelim Notice: �V"- Date: 16. Date Signed Contract Received by Moore: 17. Certified Payroll ?: (Yes or No 18. The Following Forms Requested Were Mailed with Contract: 2.r Job Infomation Sheet C133.xls .► THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 I --ffi I==•TT.I 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 Controller Cabinet Changeouts At the intersections of: Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue CC Nos. 1199 and 1200 in the City of Huntington Beach. 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 13th day of November, 2009. (Witness) Christine Maestas, Surety Account Executive 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 (Seal) Rusty B. Moore, Fidelity and De Company of Maryland Surety) (Seal) By Edward N. Hackett, Attorney -In -Fact (Title) O.:ALL-PURPOSE •: D: Wye A State of California County of On 11/17/09 Date Riverside before" me, Diane Rene Cody, Notary Public Here Insert Name and Title of the officer personally appeared Rusty B. Moore and Jose Conrado Name($) of s"r(s) DIANE RENE CODY " Commission # 1777745 •+ d Notary Public - California z Riverside County MyComm. Expires Nov8, 2011 who proved to me on the basis of satisfactory evidence to be the perso%awhose name(s) isfar'subscnbed to the within instrument and acknowledged to me that he/Sb"iey executed" the same in hisl1w*wdMuthorized capacity(ies3,- that by hi&bffMw :eignatuW(r+on the instrument the persou(s)- or the entity upon behalf of which the perscted, 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. WITNES hand and offic.-A seal. Signature ' � )nAt__ V Ajj - - Place Notary seat Above ane Rene Cody, Notary P&lic OP77ONAL 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: ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Moore ElecWcal Contracting, Inc. RIGHT -THUMBPRINT, - OF SIGNER.!0 i Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Titte(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Moore Electrical Contracting. Inc. E.MHTT!iu icPRINT. OF Si - ;-R ®2007 National Notary Assodsbon • W50 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402• wNvc.NatbnalNotaryorg ttem N5907 Reorder: Call Toll -Free 1-87D4766827 CALIFORNIA•ACKNOWLEDGMENT M o0 VWX State of California County of Orange On NOY 13 2009 Date personallyappeared before me, Ryza Jee Desaca, Notary Public Here Insert Name and Title of the Officer RYZA ME DESACA m ter' COMMISSION #1797127 NOTARY PUBLIC -CALIFORNIA •.� ORANGECOUNTY -+ My Cornet. Explrfis May. 2, 2012 Edward N. Hackett who proved to me on the basis of satisfactory evidence to be the person(;Q whose name(;b is/XX subscribed to the within instrument and acknowledged to me that he/ilstMl'tDUJ executed the same in his/MMKauthorized capacity(IIC)Q, and that by his/Bfdf IXX signatureoQ on the instrument the person(lo, or the entity upon behalf of which the personQQ 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 se Signature Place Notary Seat 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 Title or Type of Document: 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: RIGHTTHUIVISPRINT' OF SIGNER ITop of thumb her Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact LJ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 'RIGHTTHUMBP,RINT AF'SIGNER •✓' G�G�'✓'. G�✓L�✓L'rYL`'✓'. L�✓=`'✓.G�✓.L'✓:�✓L�✓.L�L' •✓' 4�✓L�✓. G�✓:�✓S`✓G�✓.L��'/.L�?L�_;<•;>L�G�:�L�G�-`>,G�✓',:v'✓' S�G� LvG`,`/,L�!L`{L�4`;L�✓Lv<�%L�LV Gvc�: 11 1 �• •. ,1 •1 '/ :11 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 y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the d ereby nominate, constitute and appoint Edward N. HACKETT, of San Diego, Californ' 1 d Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as sure de nds and undertakings, and the execution of such bonds or u o sua s, shall be as binding upon said Company, as fully and amply, to all inten i xecuted and acknowledged by the regularly elected officers of the is in their own proper persons. The said Assistant r ere t ct set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s }`5{ now in force. IN WITNESS e said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporat ea of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 1 lth day of June, A.D. 2008. ATTEST: 'gyp DEPO ,�. J 1wr ; � tOW Z 4'tiln! State of Maryland ss. Baltimore County FIDELITY AND DEPOSIT COMPANY OF MARYLAND 4,-, -), 151__� Eric D. Barnes Assistant Secretary LIN Theodore G. Martinez On this llth 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 ;?i<IC 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. Dennis R. Hayden Notary Public My Commission Expires: February 15, 2013 POA-F 012-9310M City of Huntington Beach 2000 Main Street - Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK March 9, 2010 Pro Tech Engineering Corp., dba Pro Tech Electric 3535 E. Coast Highway, Suite 325 Corona del Mar, CA 92625 RE: CC-1199 & CC-1200 — Traffic signal controller cabinets change outs Enclosed please find your original bid bond for CC-1199 & CC-1200. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister Chief)fAb"4/4*Aa6haeWaiWJwaE4oNew Zealand (Telephone: 714-536-5227 ) i-00 No i I ril 1; ;)4 ("I T y 1-11 tj I 'f i ;, a IQ' T C", N: DE 1CH From: PRO TECH ENGINEERING, CORP. 3535 E. COAST HIGHWAY SUITE 325 CORONA DEL MAR, CA 92625 12 1,1110119Z lull W:: A, TO: CITY OF HUNTINGTON BEACH CITY CLERKS OFFICE 2000 Main Street Huntington Beach, CA 92648 Bid Date: 11.17.2009 @ 2:00 PM Traffic Signal Controller Cabinet Changeouts CC Nos. 1199 & 1200 z SECTION C PROPOSAL for the Traffic Signal Controller Cabinet Changeouts at the intersections of: Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue And Lake Street and Yorktown Avenue CC Nos. 1199 and 1200 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 30 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. iIf at such time the contract is not awarded, the AGENCY will reject all bids C-1 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. 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 VA in the amount of $ O Y 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 5ignature i C-2 Project Bid Schedule Traffic Signal Controller Cabinet Changeouts At the Intersections of Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue CC-1 199 and CC-1200 I Ua11t1 .,' ...."3e I L.S. � �' a '� `` n� � � � ,,, �� .tea t-f :_�':.: . s. >,sr, Mobilization. Per L.S. � f � r tg _....i. �-a., .;-�. s—., i,p ;�e - ,�� ,.€ .�'rhx. ,h--s>;— es I L.S. Furnish Project Traffic Control. 06 $ 4 Pw CIO $-4 apo Per L. S. 3 1 L.S. Modify Traffic Signal at Magnolia Street and Garfield Avenue. $ L5Q%OVO $ 3 ';9 cro Per L. S. 4 1 L.S. Modify Traffic Signal at Magnolia Street and Atlanta Avenue. $ ot $ OVO Per L.S. 5 1 L.S. Modify Traffic Signal at Lake Street and Yorktown Avenue. $ $ Per L.S. 6 1 E.A. Construct Curb Ramp per Caltrans Standard Plan No. A88A, Including $ $!y Adjacent Gutter Plate and AC Paving Replacement. Per EA. 40 C) Total Amount Bid in Figures: $ Total Amount Bid in Words: $ Note: The City will provide the traffic signal cabinets, the traffic signal electrical service cabinets and the push buttons at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. 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. 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 R"' ► ke N ' �No , being first duly sworn, deposes and says that he or, a is BZALb of ee a `Cep V' A�NM_A.ra C p?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, than 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. F � i�iE �l���� " i�,0 Name of Bidder J e] A44�� �liL, Signature of Bid er C-o�,s Address of Bidder ,�%`t '' rr ,,/ Subscribed and sworn to before me this � � day of NC>U� " , 20 SOHEIA KAI01 Commission # 185488, L Notary Public- California, ZZ Orange County M1 Comm. Ex Tres Jun 20. 2013 NOTARY PUBLIC di_ 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 Controller Cabinet Changeouts at the intersections of Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue (CC-1199 and CC-1200), (1)(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: I I. 1 q, a ?R0 19, �,h 6 qk,K(VTf_1 Im Contractor J r e -9f; By ?Rks i d o' 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 U/No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 11 . n ab01 90 IQ fA4u W, 2,1N4 CAP, Contractor T By ReSidfet3k 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: N 1 �- RO C,N NPam, C00- Contractor J ' Iy Title Date: �� . lQ . a061 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 Name Business Address (' o(taN 61, (-,A g 2 (72�"� City, State Zip Telephone Number 731 C- /O State Contractor's License No. and Class I I oil Original Date Issued Expiration The work site was inspected by Hi KPi N 1 k as of our office on NOVe bell A , 20&q The following are persons, firms, and corporations having a principal interest in this proposal: H & N'w k - PPtS1 d e4 5o Wo, C-9 e 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 J v Signature of Bidder �I ke N1%guks Printed or Typed Signature Subscribed and sworn to before me this day of-VQ Vebd Ir sOHELA KAIDi Commission # 1854881 •. Notary Public California D Orange County AR Comm. Ex ires Jun 20, 2013 t � NOTARY PUBLICG._,� a d 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• Mu J SRViNe' , 1 OaViC ( etAm n za- ITV►' CA g�a3 Name and Address of Public Agency Name and Telephone No. of Project Manager:re� 0000.- Contract Amount 2. eiL :,,,Name and A 3. Work e . 500 e . Oh( >s of Public Agency Date Completed Name and Telephone No. of Project Manager: ('h21 �� 4'4LA{i l -71 '.744 . 65-0 i 45U you -1-rf i- , s 1owd I 0l420'0 I Contract Amount T e of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: N gdhm l /Mini , (00/l 69,;2 70 Contract Amount Type of Work Date Completed C-10 City of Huntington Beach Public Works Department NOV 10 REG'a 2000 Main Street Tel. (714) 53M431, Fax (714) 374-1573 - For Traffic Simal Controller Cabinet Charlgeouts — CC 1199 & 1200 November 9, 2009 Notice To All Bidders. - Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: The following paragraph shall be added to Section 303-5.9, CONCRETE AND MASONRY CONSTRUCTION, Measurement and Payment. Payment for the replacement of any sidewalk, curb, gutter or drlveway which is broken or damaged by the Contractor's operations shall be included in the price bid for the traffic signal modifications and no additional payment will be allowed therefore. This is to acknowledge receipt and review of Addendum Number One, date ovem er , 2009, /Ion A(la I/V'ff,,9 P'& Company Name By r _ 1 /lC1 N610 "1 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal - Should you have any questions regarding this Addendum, please call William F. Janusz at (714) 53M431. ALLEGHENY CASUALTY COMPANY BOND NO.: PROTE-202 KNOW ALL MEN BY THESE PRESENTS: That we, PRO TECH ENGINEERING CORPORATION DBA PRO TECH ELECTRIC, (hereinafter called the Principal), and ALLEGHENY CASUALTY COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of PENNSYLVANIA, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, (hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars (10% OF BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for TRAFFIC SIGNAL CONTROLLER CABINET CHANGEOUTS JOBBID NO. CC 1199 & 1200 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 9t' day of NOVEMBER, 2009. . PRO TECH ENGINEERING CORPORATION DBA PRO TECH ELECTRIC ALLEGHENY CASUALTY COMPANY BY: MATTHEW R. DOBYNS Attorney -in -Fact ALLEGHENY CASUALTY COMPANY I J POWER OF ATTORNEY 300 Cottonwood Avenue, Suite #8 Hartland, Wl 53029 Phone(262) 912-6611 L1.s-05651 KNOW ALL MEN BY THESE PRESENTS: That ALLEGHENY CASUALTY COMPANY, acorporation of the Commonwealth of Pennsylvania, does hereby make, constitute and appoint -- Randy Spohn, Matthew R. Dobyns -- its true and lawful Attorney(s)-in-fact to make, execute, seal and deliver for and on its behalf as surety, as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds the sum of One Million Five Hundred Thousand Dollars ($1,500,000.00) and the execution of such bonds in pursuance of these presents shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Meadville, Pennsylvania, in their own proper persons. The power of attorney is granted under and by authority of the following resolution adopted by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000. RESOLVED, that (1) the President, Vice President, or Secretary of ALLEGHENY CASUALTY COMPANYshall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Company and affix the Company's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any of such Officers of the Company may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Company; and (3) the signature of any such Officer of ALLEGHENY CASUALTY COMPANY and the Company seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature of such officer and the original seat of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. In Witness Whereof, ALLEGHENY CASUALTY COMPANY has caused these presents to be signed and its corporate seal to be hereto affixed on November 5, 2008. 1936 `ryHgy�VPN�P Commonwealth of Pennsylvania, County of Crawford - ss: ALLEGHENY CASUALTY COMPANY By— *4147 Secreta On November 5, 2008, before me appeared John C. Soff to me personally known, who being by me duly sworn, did say that he resides in the Commonwealth of Pennsylvania, that he is Secretary of ALLEGHENY CASUALTY COMPANY, that he is the individual described in and who executed the preceding instrument, and that the seal affixed on said instrument is the corporate seal of said Company, and that instrument was signed and sealed on behalf of said Company by authority and direction of said Company, and the said officer acknowledged said instrument to be the free act and deed of said Company. v �pJ.WHll�c��` m *OTAq� d a e.► �5 '0UBL1C o Notary Publk of Pennsylvania `�pRAWFOP06 My commission Expires 03/31/11 Commonwealth of Pennsylvania, County of Crawford - ss: 1, John C. Soff, Secretary of ALLEGHENY CASUALTY COMPANY, a corporation of the Commonwealth of Pennsylvania, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, Executed by the said Company, which is still in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company on this 9th day of November , 20 09 . Form L 1.5 ALLEGHENY CASUALTY COMPANY By secre'tarM CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA ORANGECounty of ®n November 9, 2009 before me, Erika Guido, NOTARY PUBLIC_, personally appeared MATTHEW R. QQBYNS ® who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ERIKA GUIDO COMM. # 1rCALIFORNIA 731 g NOTARY PUBUC L ORANGE CTY N My COMM. expires May 5, 2013 t I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my nd and official seal. Signature o otary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK March 9, 2010 PTM General Engineering Services, Inc. 5642 Acorn St. Riverside, CA 92504 RE: CC-1199 & CC-1200 — Traffic signal controller cabinets change outs Enclosed please find your original bid bond for CC-1199 & CC-1200. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister Citie§:�0g3,%/6 bhtgre&Aa6 "New Zealand (Telephone: 714-536-5227 ) F Ali 11: 52 Bidder- PTM General Engineering Services, Inc, 5942 Acorn Street Riverside, Ca 92504 951.710,1000 To: City of Huntington Beach Attn: City Clerk 2000 Main St, , Second Floor Huntington Beach, CA 92648 714,536,5431 Date of Bid- , Tuesday, November 17, 2009 Time of Bid,• 2,•OOp,m, CC No, 1199 & 1200 ✓ Project Desc.• Traffic Signal Controller Cabinet Changeouts @a the Intersections of Magnolia St, & GanieldAve,, Magnolia St, & Atlanta Ave, & Lake St & Yorktown Ave, BID ENCL05ED - DO NOT OPEN WITH REGULAR MAIL SECTION C for the Traffic Signal Controller Cabinet Changeouts at the intersections of: Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue And Lake Street and Yorktown Avenue CC Nos. 1199 and 1200 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 30 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 C-1 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. 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 o Total BicWhich 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 One Dtd. 11/09/09 7;k Only one addendum per website 11/18/09 431pm. C-2 Project Bid Schedule Traffic Signal Controller Cabinet Changeouts At the Intersections of Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue CC- 1199 and CC- 1200 2 �Plffl�- PNT 61"'IH 0 1 L.S. I L.S. Mobilization. Per L.S. Furnish Project Traffic Control. Per L.S. ;tqoo 3 4 1 L.S. 1 L.S. Modify Traffic Signal at Magnolia Street and Garfield Avenue. Per L.S. Modify Traffic Signal at Magnolia Street and Atlanta Avenue. Per L.S. YO $ 5 1 L.S. Modify Traffic Signal at Lake Street and Yorktown Avenue. Per L.S. 0,9 6 1 E.A. Construct Curb Ramp per Caltrans Standard Plan No. A88A, Including Adjacent Gutter Plate and AC Paving Replacement. Per EA. Total Amount Bid in Figures: $ kel, 6 4'(0 Total Amount Bid in Words: $ —73w- Note: The City will provide the traffic signal cabinets, the traffic signal electrical service cabinets and the push buttons at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. 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. Portion of Work Name and Address of Subcontractor State License Number Class Ptn. of 3-5 Freeway Electric 5942 Acorn St. Riverside, CA 92504 684572 A; C10; C31 a�� er 7- '85 J? - 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 BIDDEN AND SUBMITTED WITH BID State of California Riverside County of OnifVU. Elizabeth H. Mendoza de McRae being first dully sworn, deposes and says that he or she is President/CFO OfPTM Genera 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. NBidder beth H. Mendoza de McRae President/CFO Signature of Bidder 5942 Acorn St. Riverside, CA 92504 Address of Bidder Subscribed and swornto before me this l7th day of November20 09 BRIAN H. MENDOZA N COMM.41686770 to NOTARY PUBLIC-CALIFORNIA RIVERSIDE COUNTY �k MY COMM. NOTARY PUBLIC Brian Mendoza NOTARY SEAL C-4 See Attached ACKNOWLEDGMENT State of California County of Riverside On /Olya � before me, Brian Mendoza, Notary Public (insert name and title of the officer) Elizabeth H. Mendoza de McRae personally appeared 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. ii� Al;JT. Signature (Seal)=� ... r;�y e�,+t, _�° '. zo�n 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 Controller Cabinet Changeouts at the intersections of Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue (CC-1199 and CC-1200), (l)(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: 11/17/09 C-5 PTM General Engineering Services, Inc. Contra Elizabeth H. Mendoza de McRae By President/CFO 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? CO 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: 11/17/09 C-7 PTM General Engineering Services, Inc Contractor Elizabeth H. Mendoza de McRae B; President/CFO 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 1-800422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: PTM General Engineering Services, Inc. Co ctor lizabeth H. Mendoza de McRae By President/CFO Title Date: 11/17/09 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 ' )BEDDER'S INFORMATION BIDDER certifies that the following information is true and correct: PTM General Engineering Services, Inc. Bidder Name 5942 Acorn St. Business Address Riverside CA 22504 City, State Zip (951 )710.1000 Telephone Number 891 26S Class A; C"1 0; C31 State Contractor's License No. and Class 02/2007 Original Date Issued 02/2011 Expiration Date The work site was inspected by Rr; ;;n LV1enrjn7.a of our office on 1 1/1 4 , 20aq The following are persons, firms, and corporations having a principal interest in this proposal: Elizabeth H. Mendoza de McRae, President/CFO Brian Mendoza, Vice President/Secretary 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. PTM Ge ral Engineering Services, Inc. Comnaname Signature of Bidder Elizabeth H. Mendoza de McRae, President/CFO Printed or Typed Signature Subscribed and sworn to before me this 17y of November 200 9. BRIAN H. _ NDOZA N COMM. # 1686770 rn NOTARY PUBLIC -CALIFORNIA N RIVERSIDE COUNTY �. ° MY COMM. EXP. AUO. 1, 2018 " NOTARY PUBLIC Brian Mendoza �•�•w•w• 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: 1. City of Diamond Bar 21825 Copley Dr. Diamond Bar, CA 91765 Name and Address of Public Agency Mr. John Huie Name and Telephone No. of Project Manager: 951.205.2856 436,000.00 T.S. Interconnect Ph. #1 with T/S Mod & Fiber Optic 10/08 Contract Amount Type of Work Date Completed 2. City of Hawthorne 4455 W. 126th St. Hawthorne, CA 90250 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mr. Alan Leung 310.349.2997 124,400.00 T/S Modification on Hawthorne Blvd. Contract Amount Type of Work 3. Cal Trans 1727 30th St. MS43 Sacramento, CA 95816 10/08 Date Completed Name and Address of Public Agency Mr. Mike Bergiven, R.E. 951.232.3739 Name and Telephone No. of Project Manager: 489,489.00 CDOT 08-OE5004 Highway Lighting Rte 10 & 66 07/09 Contract Amount Type of Work Date Completed C-10 More references attached. Brian Mendoza P.O. Sox 7745 Riverside, CA 92513-7745 Email: Brian@ptm-eng.com • Cell 951..722.5755 Chief Estimator and Supervisor of Outside Operations 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. CAREER EXPERIENCE Freeway Electric/PTM General Engineering Services, Inc. Riverside, CA 06/2006 to bate Chief Estimator/Supervisor of Outside Operations In charge of managing the estimating department and finalizing bid packages; coordinating the beginning phase of an awarded project between the company and agency. Project submittals, contract review. Coordinated and managed crews California region; 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. Maintained coordination Freeway Electric/PTM General Engineering and subcontractor, and project owners. In charge of handling project's administrative work; monthly gross estimates, project progress schedule, materials requisitions, contract change order negotiations and equipment purchase and rentals. High Might Electric Inc.IPete & Sons Construction Inc. Riverside, CA 10/96 to 06/2006 Chief Estimator In charge of managing the estimating department and finalizing bid packages. Coordinating the beginning phase of an awarded project between the company and agency or prime contractor; project submittals, contract review. Successfully bid on projects totaling $12 million with an average spread 6%. Area Supervisor Coordinated and managed 10 crews consisting of 6 members per team in the southern California region; 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. Maintained coordination between High Light Electric Inc and subcontractor, general contractor and project owners. In charge of handling project's administrative work; monthly gross estimates, project progress schedule, materials requisitions, contract change order negotiations and equipment purchase and rentals. Continued... BRIAN ICE+ NDOZA • Page 2 CAREER EXPERIENCE CONTINUED MBE Electric Inc. in Riverside, CA 10/1998-10/1996 Vice President and Head of Outside Operations Managed outside operations for all projects ranging in size from $1 to $2.5 million. Headed an around the clock electric crew and coordinated with CC Meyes 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. Maintain coordination between MBE Electric and subcontractors, general contractor and project owners; implemented and enforced safety guidelines. Handled administrative work; monthly progress estimates, material requisitions, contract change order negotiations. Vasco Corporation in San Fernando, CA 10/1987-06/1998 Foreman (Part Time) Managed day to day operations of work crews and various projects ranging in size from $1,000 to $5,000 in Eastern Los Angeles County, traffic signals, street lighting, signal interconnect. Raymor Electric in Rosemead, CA 06/1986-10/1987 Crew Leader (Part Time) 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 Completed training course (1988-1989) in'street lighting and traffic signal installations, code enforcement and blue print reading. • South Gate High School Received High School diploma in 1988 �RIAN MENDOZA ® Page 3 CAREER EXPERIENCE CONTINUED PROFESSIONAL MEMBERSHIPS • International Brotherhood of Electrical Workers (IBEW) ® National Electrical Contractors Association (NECA) ACCREDITATION ® IBEW-Journeyman Wireman; CSLB-Electrical Contractors; Certified Trench Safety Coordinator. LANGUAGES m English (Native) e Spanish (Fluent) • 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. o Recipient of the Certificate of Recognition by the City of Riverside for "Small Business" in 1997. o Recipient of the Certificate of Recognition by the State Assembly,Assemblyman Mr. Rod Pacheco, for the "top 506 Inland Empire Small Business" in 1997. • Ranked among the "Top 500 Inland Empire Hispanic Owned Companies" since 1997. ® Certification of Appreciation for our participation and maximization in the "Century Freeway Affirmative Action" by CFAAC. PROFESSIONAL AND PERSONAL REFERENCES Caltrans project #07-I.224U4 (Electrical contract amount $4.5 million) Project completed in 2005 Description of project: Installation of traffic signals, ramps metering, sign illumination, Highway lighting, fiber optic communication, and electrical irrigation along the I-10 Freeway in Los Angeles County. ® Doug Dwason-Project Manager for prime contractor, Balfour Beatty Cell (949)232-3276 and Office (909)397-8040 ® Patty Galvan- Resident Engineer. Office (909)594-4270 ® Veronica Ross -Electrical Inspector. Cell (714)606-6311 BRIAN MENIDOZA • Page 4 CAREER EXPERIENCE CONTINUEID City of Redlands Contract #208300-72304/41008 (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. Bill Hensley -Senior Civil Engineer- Office (909)798-7586 ext 2 Juan Olvera-Project Manager for general contractor, H&H Construction- Cell (951)453-7712 and Office (909)473-7331. Caltrans project #084567V4) Electrical contract amount is $938,238) Project completed in 2005 Description of project: Installation of lighting system along the I-5 Freeway in San Bernardino County. ® Gary Vogel -Project Manager form 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) Project 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. Harold Lantis-Sanbag Contract Manager- Cell (760)802-7730 and Office (909)875-8029 ext 213. Tim Hanable-Caltrans Inspector- Cell (951)712-0021 Al Ortega- Project Manager for prime contractor, Yeager Shanska- Cell (714)240- 5333. City of Indio Project #ST0137 (Electrical contract amount was $1.4 million) Project completed in 2005 Description of project: Installation of street lighting system, traffic signals, electrical irrigation, and dry utilities. • Gary Baxter -Area Manager for prime contractor, Yeager Shanska Construction - Cell (909)721-9749 and Office (760)343-5472 • Tommy Young -Project Manager for prime contractor- Cell (951)232-6618 and Office (760)343-5472 • Mehran Sepehri-City Engineer- Cell (760)250-2201 Additional Professional References: • Zale Harris-Caltrans Inspector- Cell (951)289-0047 • Ray Robles-Caltrans area supervisor- Cell (909)799-0646 iruvilic wGrzS 2000 Main street Huntington Beach, Cal '92648 TOM PvauL. u,tCs DCoe 'PTM 8=1 Far ftview Conumnt a ple=m Ropo j ® Pkme Racye6e A L L- DDe 4-s' ,cat. 0 r- A c..L--�0 � �-�DGC- lz cc— I PT S f }G L� yo I'd a City of Huntington :Beach Publid.Works Diepartment 2000 Main Street Tel. (71 4) 536-v431 Fax (714) 374-1573 . ADDENDUM NUM ER6N* IE For. Traffic -Signal Controller Cabinet Changgouts - CC 1199 & 1200 November 9, 2009 Notice To All Bidders; Please note the following clarification to the Project Plans, Specifications, and Technical Provisions; The following paragraph shall be added to Section 303-5.9, CONCRETE AND MASONRY CONSTRUCTION, Measurement and Payment. Payment for the replacement of any sidewalk, curb, gutter or driveway wblch is broken or damaged by the Contractor's operations shall be included in the price bid for the traffic signal modlflcations and no additional payment will be allowed therefore. - This is to acknowledge receipt and review of Addendum Number O , ated November 9, 2009. PTM General Engineering Svcs, Inc Elizabeth H.Mendoza de McRae Company Name Bar- President/CFO --11/17/09 . Date All bidders must acknowledge the receipt of this Addendum -with your bid proposal. Should you have any questions regarding this Addendum, please call William F. ,Janusz at (714) 536-5431. KNOW ALL BY THESE PRESENTS, That we, PTM GENERAL ENGINEERING SERVICES. INC. of 5642 ACORN ST. RIVERSIDE, CA 92504 as Principal, and BERKLEY REGIONAL INSURANCE COMPANY (hereinafter called die Principal), (hereinafter called the Surety), as Surety are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the penal sum of TEN PERCENT OF AMOUNT BID Dollars (S 10% ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firnnly by these presents, THE CONDITION OF THIS OBLIGATION 1S SUC'I, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contrac( for TRAFFIC SIGNAL CONTROLLER CABINET CHANGEOUTS AT THE INTERSECTIONS OF MAGNOLIA ST. & GARFIELD AVE., MAGNOLIA ST. & ATLANTA AVE., AND LAKE ST. & YORKTOWN AVE. NOW, THEREFORE, if the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligce for the raithftii performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 16TH day of NOVEMBER Witness Witness 11• PTM GENERAL ENGINEERING SERVICES, INC (Seal) No. 7916 POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, has made, constituted and appointed, and does by these presents make, constitute and appoint: Philip Vega or Frank Morones of C & D Bonding & Insurance Services, Inc. of Covina, CA its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 Dollars ($50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." IN WITNESS WHEREOF, the Company has cau ed these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 4 day of , 2009. Attest: Berkley oval lnsura ee Company -A Seal B�" Y By - Ira S. Lederman Robert P. Cole Senior Vice President & Secretary Senior Vice President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE `BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this --;�f-2day of it-yw-1`4 � 2009, by Robert P. Cole and Ira 3 c. AS. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of Berkley Regional Insurance Company. tI } , -1 -,I I> ::iy', �_� t„t0, y ,_.Vi�XREIOt,i Waa:_ Notary Public, State of Connecticut CERTIFICATE >> I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this 16 th day of November �(�• (Seal) Steven Coward State of California County of Riverside On // /7A `/ L before me, Brian Mendoza, Notary Public (insert name and title of the officer) personally appeared Elizabeth H. Mendoza de McRae 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 (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 1 1 / 1 6 / 0 9 before me, Monica Blaisdell, Notary Date Byre Insert Name andfitre of the MiGer personally appeared Philip Vega Names of signer(s) MONICA BLAISDELL Commission # 1794078 -® Notary Public - California z Orange County MVC0mm. Ibq3res Mar2d,2012 who proved to me on the basis of satisfactory evidence to be the person(, whose nameih) is/A5@ subscribed to the within instrument and acknowledged to me that he/Al/executed the same in hisW"jkauthorized capacity(*XX and that by his*WAt%jWignature(Xkon the instrument the person), or the entity upon behalf of which the person(x) 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 UALnr� Place Notary Seat Above Signature of Notary Public OPTIONAL Though the information below is riot required by law, if may prove valuable to persons relying on the document and could pmwnt 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: Capaeity(ies) Claimed by Signer(s) Signer's Name: ❑ 'Individual ❑ Corporate Officer --- Title(s): ❑ Partner — ❑ Limited ❑ General 1_7 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator © Other: Signer Is Representing: 'R7G.4lTPI81 r7ePAIFV7', . 'OF,SIGNE9' Number of Pages: Signer's blame: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — O Limited ❑ General _ -- ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator C1 Other: Signer Is Representing: 12007 National Notary Assodabon • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA S1313-2402 • www-NatioralNotaryorg Item a5907 Reorder: Call Toll-Frse 1-80GZ76-6827 City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK March 9, 2010 Steiny & Company, Inc. 12907 E. Garvey Ave. Baldwin Park, CA 91706 RE: CC-1199 & CC-1200 — Traffic signal controller cabinets change outs Enclosed please find your original bid bond for CC-1199 & CC-1200. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister Citied:�fAblOpi60-itgnOrkMA.dk&kfdo6,4ew Zealand (Telephone: 714-536-5227 ) CITY CLIERK I CITY OF HUNMI&To�,,, OEACH � 71 2009 NMI I I Ali 11: 13 L! i CITY GUIRM CITY C L li".R K CITY (w,-- CITY OF BEACH C IT' U;l v 4 ('I T' C I T Y 0 F Hut" -1 1 t4 OA� T1 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 For Traffic Signal Controller Cabinet Changeouts — CC 1199 & 1200 November 9, 2009 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: The following paragraph shall be added to Section 303-5.9, CONCRETE AND MASONRY CONSTRUCTION, Measurement and Payment. Payment for the replacement of any sidewalk, curb, gutter or driveway which is broken or damaged by the Contractor's operations shall be included in the price bid for the traffic signal modifications and no additional payment will be allowed therefore. This is to acknowledge receipt and review of Addendum Number One, dated November 9, 2009. PINY AND COMPANY, INC. •-- Company Name NiSle,d'tl l)y I u, gzo q Date By Richard Tesoriero, Vice President All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at (714) 536-5431. SECTION C PROPOSAL for the Traffic Signal Controller Cabinet Changeouts at the intersections of: Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue And Lake Street and Yorktown Avenue CC Nos. 1199 and 1200 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 30 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 C-1 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. 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 h M 0 a bn 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 d i nature . C-2 Project Bid Schedule Traffic Signal Controller Cabinet Changeouts At the Intersections of Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue CC-1199 and CC-1200 1 1 L.S. Mobilization. $ I 000-- $ 1 boU_ Per L.S. 2 1 L.S. Furnish Project Traffic Control. $ 0 $ 3 oov- . Per L.S. 3 1 L.S. Modify Traffic Signal at Magnolia Street and Garfield Avenue. $ ��r_ ZU� $_2 go Per L.S. 4 1 L.S. Modify Traffic Signal at Magnolia Street and Atlanta Avenue. $q hob $ t 6 0 d — Per L. S. 5 1 L.S. Modify Traffic Signal at Lake Street and Yorktown Avenue. $ 6 0 " $ %d 0 d Per L.S. 6 1 E.A. Construct Curb Ramp per Caltrans Standard Plan No. A88A, Including $ 7 $ `7,�7G%'� Adjacent Gutter Plate and AC Paving Replacement. Per EA. Total Amount Bid in Figures: $ 2.� Total Amount Bid in Words: $ "Fl T 11 E I GY 1 Ti (00584) 1 e% l H umpl D (AN11 N I \I f - nd U,A pI Note: The City will provide the traffic signal cabinets, the traffic signal electrical service cabinets and the push buttons at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. 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. Portion of Work Name and Address of Subcontractor State License Number By submission of this proposal, the Bidder certifies: Class 51 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 Richard Tesorierw , being first duly sworn, deposes and says that he or she is Vice President of S"1'61NY AND cowmAtav nvr. 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. SMNY AND COMPANY, rNC. Name of Bidder Signature of Bidder 12907 East Garvey Avenue P.O. Box 8100 Baldwin Park, CA 91706-0993 Address of Bidder Subscribed and sworn to before me this it + day of 1200q. NOTARY PUBLIC SHAWN R. BA17ADFIELD Commission # 1738049 4cs Notary Public - California z -.� Riverside County My Comm. Expires May 9, 2011 NOTARY SEAL C-4 iTI'ILITY 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 Controller Cabinet Changeouts at the intersections of Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue (CC-1199 and CC-1200), (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: 11AN, lit, aWq STEM AND COMPANY, WC. Contractor By Richard Tasoriem. Vice 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 3..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. MW AND COU PANY, INC. Contractor By Richard Tesoriero, Vice 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 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 I3 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 certifies that the following information is true and correct: 6TEINY AND COMPANY. INC. Bidder Name 12907 East Garvey Avenue P.O. Box 8100 Baldwin Park, CA 91706-0993 Business Address City, State Zip 6264W9923 Telephone Number State License No.161273 Class A, 8, C-7 & C-10 State Contractor's License No. and Class m(b-A 1a5U Original Date Issued Expiration Date The work site was inspected by Cil►h 4I1foai Dc�1 of our office on U Y , 1, , 20Qq The following are persons, firms, and corporations having a principal interest in this proposal: Chairman jam" Vice President Richanl Tasoriero 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. S1'EINY AND (COMPANY, INC. Company Name Signature of Bidder Richard Tasoriero, Vice President Printed or Typed Signature Subscribed and sworn to before me this h4hday of NN— SHAWN R. BRADFIEID o. Commission # 1738049 z - � „' Notary Public - California = Riverside County MYComm. Expires May9, 2011 NOTARY PUBLIC � � _ &aAAA' aa-- 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: 2. 3. U--Q-I)GO-CL 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 Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-10 STEINY AND COMPANY, INC. E-LectrCcciL CovLtraators ,2" Ev gg veers CURRENT. PREVIOUS, AND MAJOR PROJECTS 4822 OCTA SR22 4695 Fair Oaks Corridor Transportation Improvements Owner: Orange CountX Transportation Authority (OCTA) Owner: City of Pasadena General: Gran ite-M ers-Rados General: Steiny & Company Value: $22,140,890.00 Value: $1,814,489 Contact: David Smith (GMR) (714) 712-1600 Contact: Dave Ortega (626) 744-4312 Completion: 711112008 Completion: 1011812005 4895 FY2005 Street & Park Lighting 4853 TSM0010151 Traffic Signal Mod. @ Artesia BI. ETAL Owner: City of Santa Monica Owner: County of Los Angeles General: Steiny & Company General: Steiny & Company Value: $2,045,021.04 Value: $914,000.00 Contact: Gene Higginbotham (310) 458-8721 Contact: Issa Adawi a (626) 458-5100 Completion: 212812008 Completion: 04117108 4811 LACO - Pacific 4819 RDC0013015, Eastern Ave/Garfield Av Traffic Sync. Owner: County of Los Angeles Owner: County of Los Angeles General: Steiny & Company General: Steiny & Company, Inc. Value: $1,229,488.16 Value: $1,020,690.66 Contact: Cliff Craig (626) 458-5100 Contact: Cliff Craig (626) 458-5100 Completion: 02/28/08 Completion: 05/20/08 4769 Phase III Res. Street Lighting Improvements 4506 L.A. - ATSAC (S.D. Fwy. Corridor) Owner: City of Beverly Hills Owner: County of Los Angeles General: Balfour Beatty Infrastructure, Inc. General: Steiny & Company, Inc. Value: $7,050,023.89 Value: $12,130,768.40 Contact: Chris Theisen (310) 285-2504 Contact: Manoochehr Adhami (213) 847-5102 Completion: 10/5/2006 Completion: 07/31/05 4926 University Park 4908 Mission Viejo - Crown Valley Parkway Widening Owner: Palm Desert Funding Co., LP Owner: City of Mission Viejo General: Granite Construction Co. General: All American Asphalt Value: 1,387,745.29 Value: $1,037,218 Contact: Joe Richardson (760) 775-7500 Contact: Jerry LeBouef (951) 739-4671 Completion: 12/30/2007 Completion: open 4998 1683-Bed Bath & Beyond 4997 Anaheim - Garden Walk Owner: ABAH LLC/KDMM LLC Owner: Anaheim GW, LLC General: VCC - West Coast General: Bayley Construction Value: $795,428.10 Value: $876,255.00 Contact: George Erskine (949) 851-8474 Contact: Chuck Hi'azi (714) 540-8863 Completion: 1211612007 Completion: Dec-08 4935 Rosecrans Ave./Aviation BI. Intersection Project PHI 4124 08-Riv.,SBd-10,91,215-Var., Contract 08 OK5004 Owner: City of Hawthorne Owner: State of CA Dept. of Transportation General: Griffith Company General: Steiny & Company, Inc. Value: $1,373,079.95 Value: $2,992,124.00 Contact: Jason Spear (562) 929-1128 Contact: John C. McMillan (916) 227-6300 Completion: 11/11/2007 Completion: Aug-09 4912 Agoura Hills - Kanan Rd. 4107 RDC0015060 - As Needed Traffic Signals Owner: City of Agoura Hills Owner: County of Los Angeles General: Security Paving Company, Inc. General: Steiny & Company, Inc. Value: $984,975.00 Value: $1,949,905.00 Contact: Chris Wenzel (818) 767-8418 Contact: Robert Eisenhamer (626) 458-3155 Completion: 1211612007 Completion: open 4960 Tustin - Offsite Backbone Infrastructure 4030 Caltrans RT 710 Project Owner: Vestar/Kimco Tustin, L.P., Bayley Slater Tustin Venture Owner: Caltrans General: Sema Construction General: Atkinson Construction Value: $931,920.00 Value: $9,178,065.00 Contact: Eric Westman (949) 470-0500 Contact: IFelipe Oliva r (949) 855-9755 Completion: 111912008 Completion: I open Offices in Vallejo, Los Angeles, El Cajon and Baldwin Park Page 1 of 2 Current Div. 4 STEINY AND COMPANY, INC. >✓Lectr%c2L CowtrRctors RVO ev�Oiweers CURRENT, PREVIOUS, AND MAJOR PROJECTS 4105 5 Traffic Signal Synch. Sys., Project SV 07-24 4012 Signalization Improvements - Audio Murphy Ranch Owner: City of Simi Valley Owner: Audie Murphy Ranch,LLC General: Steiny & Company, Inc. General: Woodside Homes of CA, Inc. Value: $978,666.30 Value: $1,026,516.00 Contact: David Medina (805) 583-6810 Contact: Pat Celella (951) 710-1900 Completion: open Completion: open 4055 2nd & 4th St. Pod. Streetscape Project - Contract 8814 4996 San Clemente - Marblehead Coasta (TTM 8817) Owner: City of Santa Monica Owner: City of San Clemente General: Griffith Company General: I Suncal Companies Value: $2,480,568.08 Value: $1,588,740.00 Contact: Jason Spear (562) 929-1128 Contact: Cynthia Kendall (949) 241-8437 Completion: open Completion: open 4114 Crystal Cove State Park - Laguna Beach 4957 Rancho Cucamonga - 5 Signals Owner: State of California - Department of Parks & Recreation Owner: The City of Rancho Cucamonga General: L.A. Engineering, Inc. General: Steiny & Company, Inc. Value: $899,221.00 Value: $1,087,302.00 Contact: John Risch (626) 454-5222 Contact: IJim Harris (909) 477-2740 Completion: open Completion: 12101107 4982 Jefferson Blvd. Widening, Contract 2006-3001 4945 Port Incident M mt. System Project HDS2232 Owner: Playa Capital Company, LLC Owner: Port of Long Beach General: Excel Paving Company General: Peterson Chase General Engineering Value: $1,047,782.89 Value: $1,058,579.50 Contact: David Cook (562) 599-5841 Contact: Dick Vo els (949) 252-0441 Completion: 10107108 Completion: 712812009 4963 SANBAG - Various 4661 L.A.- Wilshire Center Owner: San Bernardino Associated Governments Owner: City of Los Angeles General: Steiny & Company, Inc. General: Steiny & Company, Inc. Value: $1,537,866.00 Value: $2,314,512.00 Contact: David Nelson (TES) (909) 291-2424 Contact: Greg Tworek (213) 978-0262 Completion: open Completion: 511812008 4040 Chino Hills - Peyton Drive 4038 Fred Waring Widening Project #655-01 Owner: City of Chino Hills Owner: City of Palm Desert General: Herman Weissker, Inc. General: Granite Construction Co. Value: $634,543.00 Value: $782,885.00 Contact: Jimmy Lee (951) 826-8800 Contact: Joe Richardson (760) 775-7500 Completion: 1113012008 Completion: 712412008 4216 SCRRA - Various 4218 Corona - ATMS Phase 2 Owner: SCRRA - Metrolink Commuter Rail System Owner: City of Corona General: Herzog Contracting Corp. General: Steiny & Company, Inc. Value: $5,116,124.00 Value: $1,697,687.40 Contact: Deron Haptonstall (714) 938-0977 Contact: Clint Herrera (951) 739-4888 Completion: open Completion: open 4213 07-LA-10-50.2153.4 4198 ILA CO - West Coast Basin Owner: State of California Owner: ICounty of Los Angeles General: Flatiron Construction Corporation General: Steiny & Company, Inc. Value: $2,834,429.00 Value: $2,623,506.00 Contact: Sean Tarp (760) 535-8175 Contact: Jose Pou (626) 458-4951 Completion: open Completion: open Offices in Vallejo, Los Angeles, El Cajon and Baldwin Park Page 2 of 2 Current Div. 4 THE AMERICAN INSTITUTE OF ARCHITECTS A/A Document A310 KNOW ALL MEN BY THESE PRESENTS, that we STEINY AND COMPANY, INC. 12907 E. Garvey Avenue Mere insert full name and address or legal title of Contractor) Baldwin Park, CA 91706 as Principal, hereinafter called the Principal, and SAFECO INSURANCE COMPANY AMERICA 1001 4th Avenue, Suite 1700 (Here insert full name and address or legal title of Suretyl Seattle, WA 98154 a corporation duly organized under the laws of the State of WA as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (Here insert full name and address or legal title of Owner) 2000 Main Street, Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of 10% of Amount Ten percent of amount bid. Dollars ($ 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 {Here insert full name, address and description of project) Traffic Signal Controller Cabinet Changeouts at the intersections of: Magnolia Street and Garfield Avenue, Magnolia Street and Atlanta Avenue and Lake Street and Yorktown Avenue CC Nos. 1199 and 1200 in the City of Huntington Beach 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 to 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 12th day of November 2009 ANY INC. "U+m n mot'' n d J � Principal) (Seal) IILL�Z�t �t (�s L.IS lI_, (Witness) Richard Tesoriem, Vice President (Title) SAFECO INSURANCE COMPANY OF AMERICA (Surety) (Seal) � r Rhonda C. Abel (Witness) + tJe' poda itle) Attorney -in -Fart AIA DOCUMENT A310 • BID BOND + AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles ss. On November 16, 2009 before me, Shawn R. Bradfield, Notary Public Date Name and Tide of Officer (e.g. "Jane Doe, Notary Public") personally appeared Richard Tesoriero Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arm subscribed to the within instrument and acknowledged to me that he/she/hey executed the same in hisllhe4dwir authorized capacity(ies), and that by his/he4tkei>: 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 SHAWN R. BRADFIELD w. Commission # 1738049 Z ; wee Notary Public - California = z ` Riverside County m MyCamm• E)Oles May 9, 2011 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: Bid Bond Document Date: November 12, 2009 Number of Pages: Signer(s) Other Than Named Above: Jeri Apodaca, Safeco Insurance Co. of America Capacity(ies) Claimed by Signer Signer's Name: Richard Tesoriero ❑ Individual x❑ Corporate Officer - Title(s): Vice President ❑ Partner(s) - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: STEINY AND COMPANY, INC. Top of thumb here M:\SHAWN\Notary\Copy of 2008 Notary Forms 1 11/16/2009 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On NOV 12 2009 before me, K. Luu, Notary Public (Here insert name and title of the officer) personally appeared Jeri Apodaca who proved to me on the basis of satisfactory evidence to be the person(R) whose name(g) is/w subscribed to the within instrument and acknowledged to me that lxa/she/tom executed the same in his/her/ilreix authorized capacity(, and that by bjA/her/ter signature(s) on the instrument the person(i), 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. X. LIM ""tom' _ �oni;ts�.ss:ofi t' 1773641 WITNESS my ha9d and official seal. " Motor►, %ub'ic - CaMornia z zt�,Hor,�z,_ Orange County rn. Exp!rss Nrw 6, 2g 11 (Notary Seal) Signature of Notary Public 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) 0 Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside ofCal fornia. 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 (ie. certifying the authorked capacity of the signer). Please check the document carefully for proper notarial wording and attach this form ifrequired. • 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. he/shc1Q"— 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 -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 Safeco Insurance Company of America +. General Insurance Company of America POWER 1001 4th Avenue t k OF ATTORNEY Suite 1700 Seattle, WA 98154 KNOW ALL BY THESE PRESENTS: No. 9675 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint **RHONDA C. ABEL; JERI APODACA; LISA K. CRAIL; LINDA ENRIGHT; JANE KEPNER; NANETTE MARIELLA-MYERS; MIKE PARIZINO; RACHELLE RHEAULT, JAMES A. SCHALLER; Irvine, its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21 st day of March 2009 Dexter R. Legg, Secretary Timothy A. Mikofajewski Vice President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation NOV 12 2009 this day of CORPORATE SEAL �EAI.. -5l 1953 a I n's �OfWASM � dfCnfwacRI&f ptx* P,kil Dexter R. Legg, Secretary S-09741DS 3l09 WEB PDF