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Home My WebLink AboutDE LA CRUZ CONSTRUCTION, INC. - 1994-11-21 (2)V r, G *c . 56' WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH hgrcgjaj in Official Records Office of the City Clerk ofritsa iu€iiity= California P. O. Box 190 Gary L. Granville, Clerk -Recorder Huntington Beach, CA 92648 page 1 of 1 'Cees : I . , VV 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 by the City Council of the City of Huntington Beach, California to DE LA CRUZ CONSTRUCTION INC. who was the company thereon for doing the following work to -wit: MODIFICATION OF A TRAFFIC SIGNAL AT MAGNOLIA STREET AND INDIANAPOLIS AVENUE, CC-915 INTEREST: Easement That said work was completed May 15,1995 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 City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, May 15,1995. That upon said contract Liberty Mutual Insurance Group 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 17th day of May,1995. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION 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 by said City Council. Dated at Huntington Beach, California, this 17th day of May, 1995.. ity Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California g:-V- 1gs 93 << AMERICAN MOTORISTS INSURANCE COMPANY MAINTENANCE BOND BOND # 3SM 805 640 00-A PREMIUM:$/l YEAR(S) KNOW ALL MEN BY THESE PRESENTS: That DE LA CRUZ CONSTRUCTION INC. as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY a corporation organized and existing under the laws of the State of Illinois and duly authorized to transact a general surety business in the State of CALIFORNIA hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH in the sum of SEVENTY THREE THOUSAND FIFTEEN AND 28/100 ($73,015.28) dollars, lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seal and dated this 2ND day of DECEMBER, 1994 WHEREAS, on the XX day of XXX, 19XX, the said Principal entered into an agreement to the Obligee for WARRANTY BOND IN EFFECT FOR ONE YEAR --TRAFFIC SIGNAL MODIFICATIONS WHEREAS, under the terms of the specification for said work, the said Principal is required to give bond or maintenance to protect the said Obligee against the result of faulty materials or workmanship for a period of ONE year(s) from and after the date of completion and acceptance of same. NOW, THEREFORE, If the said Principal for a period of ONE year(s) from and after the date of completion and acceptance of same by said Obligee, replace any and all defects in said work resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. DIRECT ALL CORRESPONDENCE TO: LOU JONES & ASSOCIATES 7470 N. FIGUEROA STREET LOS ANGELES, CA 90041 213-257-8291 SURETY: AMER I CA BY: SURANCE COMPANY PRINCIPAL: DE LA CRUZ CONSTRUCTION INC. BY: APPROVED AS TO ForIt: GAIL 11''10111, City Attorney B' - tcity. Atto ney cam__ - - 408 P01 MAY 26195 15:4 City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach,, California 92648 Attention: Subject: Certification of Compliance with Title VZI of the, Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on e Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set fortis in the contract or training program provisions applicable to the wage rate paid, Signature and Title President 408 P02 MAY 26'95 15:43 DECLARATION OF SATISFACTION OF CLAIMS Y , De La Cruz Construction, Inc. state; Name of ConFr—actor—F 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works Contract entitled Traffic Signal Modification at Magno: and dated 10/31/94 street and Indianapolis Avenue (CC-9: 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes o4 the State of California: (if none, state "NONE") "NONE" I declare under penalty of perjury that the foregoing is true and correct. Executed at santa Fe springs on this 25th day of April ' , 1995 (Signature of ractor WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACI:f�,� CCVY Office of the City Clerk P. O. Box 190 ' Allot Huntington Beach, CA 92648 Wh or/what NOTICE OF COMPLETION "if IRISIRAL OF THIS D 1,11MERT � AS RECORDED ON G2-. UN'1:97, nF"'IIU ST &1 unrn AC A�I7C71.7 mut alit" I fYVNDCA 9J-ULJJJ'tJ. GARY L. GRANVILLE, CLERK -RECORDER ORANGE COUNTY CLERK-RECORDEVQ n;1:T."_E. 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 by the City Council of the City of Huntington Beach, California to DE LA CRUZ CONSTRUCTION INC. who was the company thereon for doing the following work to -wit: MODIFICATION OF A TRAFFIC SIGNAL AT MAGNOLIA STREET AND INDIANAPOLIS AVENUE, CC-915 INTEREST: Easement That said work was completed May 15,1995 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 City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, May 15,1995. That upon said contract Liberty Mutual Insurance Group 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 17th day of May,1995. City Clerk and ex-ofici Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION 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 by said City Council. Dated at Huntington Beach, California, this 17th day of May,1995.. ity Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California B:CCV1SCPIBs CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 17, 1995 Gary L. Granville, County Clerk -Recorder P. O. Box 238 Santa Ana, CA 92702 Dear Sir: CALIFORNIA 92648 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P. O. Box 190, Huntington Beach, California 92648. Enclosed also is a copy of the Notice of Completion and a stamped, self-addressed envelope. Please return the conformed copy - document number, recording date, book and page number. Sincerely yours, e�� &M�_ Connie Brockway City Clerk CB:cc Enclosures g:ccknscputr ( Telephone: 714-536-5227 ) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 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 by the City Council of the City of Huntington Beach, California to DE LA CRUZ CONSTRUCTION INC. who was the company thereon for doing the following work to -wit: MODIFICATION OF A TRAFFIC SIGNAL AT MAGNOLIA STREET AND INDIANAPOLIS AVENUE, CC-915 INTEREST: Easement That said work was completed May 15,1995 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 City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, May 15, 1995. That upon said contract Liberty Mutual Insurance Group 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 17th day of May,1995. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION 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 by said City Council. Dated at Huntington Beach, California, this 17th day of May, 1995.. ity Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California g:cc\nscpigs I ,, Council/Agency Meeting Held: r Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied 4- Aad� A� 44444Z, 4 City Clerk's Sig ature If 61 Council Meeting Date: 04/03/95 Department ID Number: PW-95-029 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City AdministratorLW PREPARED BY: ' LES M. JONES II, Director, Public Works SUBJECT: NOTICE OF COMPLETION FOR THE MODIFICATION OF A TRAFFIC SIGNAL AT MAGNOLIA STREET AND INDIANAPOLIS AVENUE; CC-915 Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachments)] Statement of Issue: De La Cruz Construction, Inc. has completed the Traffic Signal Modification at Magnolia Street and Indianapolis Avenue; CC-915. Funding Source: Sufficient Gas Tax Funds were budgeted and available in account E-SF- PW-984-6-43-00 for this project. Recommended Action: 1. Accept the improvements of Cash Contract No. 915, Modification of a Traffic Signal at Magnolia Street and Indianapolis Avenue, and authorize the City Clerk to file the Notice of Completion. 2. Approve the total project cost of $106,844. Alternative Action(s): N/A Analysis: On November 21, 1994, the City Council awarded a contract to De La Cruz Construction, Inc. for the Modification of a Traffic Signal at Magnolia Street and Indianapolis Avenue, Cash Contract No. 915. De La Cruz Construction, Inc. has since completed the project and has fulfilled its obligation to the City per said contract. REQUEST FOR COUNCIL ACTION MEETING DATE: 04/03/95 DEPARTMENT ID NUMBER: PW-95-029 The following is a summary of contract costs: Contract Amount: Construction Change Orders: Supplemental Expenses. - Total: Council Approved Actual Expenditures $73, 015 7,300 30,000 $110,315 $73, 015 7,218 26,611 $106, 844 As the Cost Summary indicates, a savings of $3,471 occurred as a result of the actual expenditures being nearly 3% less than estimated. Environmental Status: N/A City Clerk's Page Number 0011869.01 -2- 04/27/95 11:28 AM RCA ROUTING SHEET" INITIATING DEPARTMENT: Public Works SUBJECT: Notice of Completion for CC-915 COUNCIL MEETING DATE: I May 15, 1995 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Appoved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attome Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR NNSS[FICa ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM*, City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on •,ro—Ject No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and Title J'44 11-A , �� 4� President ECLARATION OF SATISFACTION OF CLAIMS Z, De La Cruz Construction, Inc. , state: Name of Contractor 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled Traffic Signal Modification at Magnoli, and dated 10/31/94 . Street and Indianapolis Avenue (CC-915 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes o{ the State of California: (if none, state "NONE") "NONE" I declare under penalty of perjury that the foregoing is true and correct. Executed at Santa Fe Springs on this 25th day of April , 1995 (Signature octor) EST FOR COUNCIL ACTION Date: November 21, 1994 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator\ )- AK Prepared by: Ray Silver, Assistant City Administrator/Acting Director of Public Works NOV Subject: TRAFFIC SIGNAL MODIFICATION AT MAGNOLIA STREET AND INDIANAPOLIS AVENUE; CC- 915; AWARD Consistent with Council Policy? [ x ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments STATEMENT OF ISSUE: On September 19, 1994 the City Council authorized a call for bids for the Traffic Signal Modification at Magnolia Street and Indianapolis Avenue Project, CC-915. RECOMMENDED ACTION: 1. Accept the low bid submitted by De La Cruz Construction, Inc. for the Traffic Signal Modification at Magnolia Street and Indianapolis Avenue Project, CC-915, and 2. Authorize the Director of Public Works to expend a total of $110,315.28 which includes the contract cost of $73,015.28, estimated construction change orders of $7,300, and $30,000 in anticipated supplemental expenditures. ANALYSIS: On September 19, 1994, Council approved the plans and specifications for the traffic signal modification project and authorized the Director of Public Works to solicit bids for construction. Bids, as summarized below, were received and opened on October 31, 1994. CONTRACTOR BIDS De La Cruz Construction $73,015.28 TCB Electric $74,785.00 Lekos Electric, Inc. $78,405.00 F.J. Johnson, Inc. $81,648.60 L & R Electric, Inc. $84,200.00 Skip's Electric $90,061.00 Reginald General Contractor Co. $91,907.00 TDS Engineering $98,555.00 Signal Maintenance, Inc. $98,994.25 Baxter -Griffin $99, 490.00 Steiny & Co. $136, 790.00 •t.1 ENVIRONMENTAL STATUS: Planning has reviewed this project and determined it to be Categorically Exempt pursuant to the California Enviromental Quality Act, Section 15303 Class 3. FUNDING SOURCE: Contact amount $73,015.28 *Project Change Orders $7,300.00 **Project Supplementals $30,000.00 TOTAL $110, 315.28 * Resolution Number 4896 authorizes the Director of Public Works spend up to 10% of the contract amount for possible change orders. Council must authorize change order requests exceeding $50,000. Examples of change orders include changes in field conditions, errors in the plans, changed governmental requirements or unforeseen work. ** Examples of supplementals include required city -furnished traffic signal poles, electrical service pedestal, signal indications for vehicles and pedestrians, soil/concrete testing, utility hook-ups or items required but not part of the contractors contract, e.g., special informational signs. Sufficient funds are available in the current year Gas Tax Fund budget, account no. E-SF- PW-984-6-43-00. ALTERNATIVE ACTION: Deny award of the contract to De La Cruz Construction, Inc., and select one of the other responsive bidders. 2. Reject all bids and direct staff on how to pursue the project. ATTACHMENTS: None MTU/RS/JDO/TAE/ta ,(�Q G:\cc915\RCA\915award.doc t Request for City Council Actio ' `•`"' I Ll 1 Y UOUNCII 19___ �- Y CL g Date: September 19, 1994 Submitted to : Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator CN— Prepared by: y Silver, Assistant City Administrator/Acting Director of Public WorkseW Subject: MODIFICATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF MAGNOLIA STREET AND INDIANAPOLIS AVENUE; CC-915 Consistent with Council Policy? [ X ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: On September 6, 1994, the City Council directed staff to modify the traffic signal at the intersection of Magnolia Street and Indianapolis Avenue, CC-915. This Request for City Council Action is to provide Council with information regarding anticipated construction schedules and their associated probable costs. RECOMMENDED ACTION: Select Alternative B as outlined below and authorize staff to advertise for bid for the modification of the existing traffic signal at the intersection of Magnolia Street and Indianapolis Avenue. ANALYSIS: On September 6, 1994 the City Council directed the Public Works Department to modify the traffic signal at the intersection of Magnolia Street and Indianapolis Avenue. At that council meeting, the Acting Director of Public Works gave a cost estimate of $60,000 and that the money is available in the Gas Tax Fund. After further investigation of the condition of the existing traffic signal, staff has revised the probable construction cost estimate upwards to a range between $90,000 and $115,000. At the September 6, 1994 City Council meeting, the council expressed great concern that the signal be modified in an expedient manner. Staff developed three alternatives to accelerate the time schedule in an attempt to have the traffic signal modified. Alternative A will solicit informal bids from four contractors, Alternative B will go out for bids by formal advertising procedures with the City buying the equipment and Alternative C is to go out for bids by formal advertising procedures with the contractor buying the equipment. Alternative A will be per the urgency provisions of City Charter Section 614, Contracts on Public Works Projects. The following is a schedule of the three alternatives: gAcc915\rca.doc F,i7 L; Dates for Dates for Dates for Description Alternative A Alternative B Alternative C Advertise for Bids 9/20/94 10/4/94 10/4/94 Open Bids 9/26/94 10/31/94 10/31/94 Order Equipment 10/3/94 10/3/94 11/22/94 Award Contract 10/3/94 11/21/94 11/21/94 Start Construction 10/10/94 12/5/94 2/20/95 Equipment Expected to Arrive 12/28/94 12/28/94 2/27/95 Complete Construction 1/27/95 2/16/95 5/2/95 Staff has estimated the total construction cost to be approximately $90,000. This estimate includes the City purchasing the necessary equipment for the modification. A range of bid prices is expected regardless of the bidding/contracting method chosen by City Council. The construction contract for the new traffic signals currently under construction at the intersections of Magnolia Street/Edison High School and Atlanta Avenue/Miramar Lane/Greenfield Lane was awarded utilizing the provisions of City Charter Section No. 614, which allows the award of a construction contract without the normal competitive bidding process. Use of this charter section resulted in proposed bids by two contractors (who were able to consider doing the work without undue disruption to their existing project construction schedules). Moore Electrical Contracting, Inc. was awarded the contract for the expedited construction of the two traffic signals. The other contractor interested in performing the work (Signal Maintenance, Inc.) bid this project at a 72% premium above the bid selected. Staff is fairly confident that the bids to be submitted for Alternative A (as shown above) will likely result in a 50-75% premium paid over the prices paid if Alternative B or C installation schedules (and associated award processes) are selected. Alternative A may result in construction costs in the range of $125,000 to $150,000 for the traffic signal modification. As detailed above, Alternative A will result in an approximate two week time savings over Alternative B. Alternative A and Alternative B are both dependent upon the delivery of traffic signal poles, which take 12-16 weeks to be delivered after order. As shown in Alternative A, the contractor could begin work on October 10, 1994, but traffic signal poles would not be scheduled to arrive until December 28, 1994. In Schedule B, the contractor would likely start work on December 5, 1994, and poles would likely be delivered on December 28, 1994. The amount of construction required can easily be accomplished in two -three weeks, but signal pole delivery will hold up completion of the project. Due to the urgency of this traffic signal modification, the following projects staff has been working on will remain status quo: plan checking for the Holly Seacliff development, the ISTEA pavement project and any other plans that come in for review; applying for GMA-6 funds for the intersection modification at Golden West Street and Bolsa Avenue; concept review for the McFadden bridge widening over the I-405 freeway; continual follow- up for Community Development Block Grant funded projects: traffic signal installation at Delaware Street at Yorktown Avenue, the installation of street lights at California Street, Huntington Street and at Liberty Avenue, implementation of the TSM/PVEA traffic signal master project, and finalization of the GMA-6 traffic signal timing project. gAcc9lftca.doc ENVIRONMENTAL STATUS: This project is categorically exempt from the California Environmental Quality Act per §15301(f) of the Act. FUNDING SOURCE: The funds for this project will be available in the Gas Tax Fund, account number E-SF-PW-984-6-43-00, following the adoption of the Proposed FY 94/95 budget. ALTERNATIVE ACTIONS: 1. A. Select Alternative A and direct staff to obtain a bid from a reputable traffic signal construction contractor with recent experience in Huntington Beach, and B. Declare that the project is of urgent necessity for the preservation of life, health, or property. (Requires 5 affirmative votes from the City Council.), and, C. Authorize the Acting Director of Public Works to award a contract for the modification of the existing traffic signal at the intersection of the Magnolia Street and Indianapolis Avenue in accordance with the urgency provisions of City Charter Section 614. 2. Select Alternative C and direct staff to return to City Council for authorization to bid upon completion of the traffic signal modification plans for the intersection of Magnolia Street and Indianapolis Avenue. 3. Reject all alternatives and provide direction to staff for the modification of the traffic signal at the intersection of Magnolia Street at Indianapolis Avenue. 4. Do nothing and allow the intersection of Magnolia Street and Indianapolis Avenue to operate as is currently configured. ATTACHMENTS: City Charter Section 614 MTU/REE/7DO/TAE/tae gAcc91ftca.doc CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 20, 1995 De La Cruz Construction Inc. P. O. Box 927 Montebello, CA 90640 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance 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, 536-5441. Sincerely, Connie Brockway, CMC City Clerk CB:cc Enclosure: Contract Declaration of Satisfaction Certificate of Compliance Copies/bonds, insurance g:cckwhcon (Telephone: 714.536.5227) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DE LA CRUZ CONSTRUCTION, INC. FOR TRAFFIC SIGNAL MODIFICATION AT MAGNOLIA STREET AND INDIANAPOLIS AVENUE (CC-915) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 3 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 9 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 9 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 10 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 11 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON -ASSIGNABILITY 12 25. CITY EMPLOYEES AND OFFICIALS 12 26. STOP NOTICES 12 27. NOTICES 13 28. CAPTIONS 13 29. IMMIGRATION 13 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 13 31. ENTIRETY 14 6Wmagnol/1211 /94 ,' CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DE LA CRUZ CONSTRUCTION, INC. FOR TRAFFIC SIGNAL MODIFICATION AT MAGNOLIA STREET AND INDIANAPOLIS AVENUE (CC-915) THIS AGREEMENT, made and entered into this 20th day of January , 1995 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and De La Cruz Construction, Inc., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as traffic signal modification at Magnolia Street and Indianapolis Avenue (CC-915), 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: STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own 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 assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description 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 bome by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this 6/WmagnoVl 2/1 /94 Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 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 hereinafter defined), 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 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 said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, 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; 2 6/k/magnol/1211 /94 E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); 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 discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, 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 said 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 Seventy-three Thousand Fifteen Dollars and 28 cents($73,015.28), 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 notice to proceed is issued and shall diligently prosecute PROJECT to completion within seventy-five (75) working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 3 6/k/magnoV12/1 /94 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 the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 4 6/k/magnoU12/1 /94 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 the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The 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 expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other 5 6/k/magnoU12/1 /94 payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250) 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 losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said 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 completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the 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 the 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 waiting for materials 6 6/k/magnol/l 211 /94 required by this Agreement to be furnished to 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 nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the 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 material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) 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. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 7 61WmagnoV12/1 /94 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the 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. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the 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, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the 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, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the 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 by DPW, less all previous payments and less all previous retained amounts. The final payment, 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 8 6/k/magnoVI 211/94 made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the 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 int. 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 expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an 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 and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, 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, including 9 6/k/magnoV12/1 /94 those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said 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 maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation 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 insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non -owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional 10 6/k/magnoV1 2/1/94 Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this 11 WmagnoV12/1 /94 Agreement or the contract documents, CITY may give 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. 23. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon 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. 24. NON -ASSIGNABILITY 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. 25. 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 California Government Code sections 1090 et seq. 26. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not 12 6/k/magnoV1 211/94 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. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. 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 U.S.C. Section 1324a regarding employment verification. 30. 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. 13 6/k/magnoV12/1 /94 31. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. DE LA CRUZ CONSTRUCTION, INC., a California corporation 3 - , P By: `' Tino De La Cruz President By: 4��Ll K Bertha De La Cruz Treasurer ATTEST: REVIEWED AND APPROVED: City Administrator 14 6/k/magnol/12/1 /94 CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California �A — MOONW—"--g—� M-" APPROVED AS TO FORM: City Attorney INITIATED AND Director of Public THIS CERTIFICATE IS ISSUED AS A MATTER OF 8 AN INSURANCE POLICY AND DOES NOT AMEND. Certificate of Insurance ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This is to Certify that FDE LA CRUZ CONSTRUCTION INC P0BOX 927 MONTEBELLO CA 90640 I '— Add s of LIBERTY Insured. M V Ul e 1TL w Is, at the issue date of this certificate, insured by the Company under the policy('les) fisted below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and conditions and is not aftered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued- CERT. EXP. DATE TYPE OF POLICY * El CONTINUOUS ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY ® POLICY TERM WORKERS COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: EMPLOYERS UABIUTY Bodily Injury By Accident COMPENSATION Each Accident Bodily Injury By Disease Policy Limit Bodily Injury By Disease Each Person GENERAL LIABILITY General Aggregate - Other than Products/Completed Operations El CLAIMS MADE Products/Completed Operations Aggregate RETRO DATE Bodily Injury and Property Damage Uability Per Occurrence Personal and Advertising Injury Per Persont Organization ❑ OCCURRENCE Other other AUTOMOBILE LIABILITY Each Accident - Single Limit 1 000 000 B Land RD ComtirM Each Person [OWNED 10-8-95 AS7-161-036803-014 [ NON -OWNED L7 HIRED Each Accident or Occurrence Each Accident or Occurrence OTHER ADDITIONAL COMMENTS AP , CO-.F a -r : fioine 'If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reducedief re ,, a fe,eXpisatioo dart. However, you will not be notified annually of the continuation of coverage. d` SPECIAL NOTICE • OHIO- ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER, SUBMIT APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS Liberty Mutual NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO- Insurance Group F City of Huntington Beach D2zzz CERTIRCATE Deaprtment of Public Works AU IZED REPR NTATIVE HOLDER 2000 Main Street Huntington Beach, CA. 92648 11-29-94 Westlake Village _ DATE ISSUED OFFICE This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by Those Companies BS 772 R7 CERTIFICATE OF INSURANCE ISSUE DATE(MM/DD/YY) 12/0101/94 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Brakke-Schafnitz Er Assoc. RC CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 9483 Haven Avenue, PO Box 3600 Rancho Cucamonga CA 91730-3600 COMPANIES AFFORDING COVERAGE COMPANY A LETTER Alpine Insurance COMPANY B INSURED LETTER General Security Insurance Co. De La Cruz Construction, Inc. COMPANY LETTER C Aetna Life 9 Casualty P. 0. Box 927 COMPANY D Montebello CA 90640 I LETTER COMPANY E Ij LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER ILTR POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ itK►OOOO. GO I B X COMMERCIAL GENERAL LIABILITY AC1785 05/ 16/94 05/ 16/95PRODUCTS-COMP/OP AGG $ 1OOO() O.00 CLAIMS MADE X OCCUR. PERSONAL & ADV INJURY $ 1000000.00 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1001.".00 FIRE DAMAGE (Any one fire) $ 50000.00 MED EXPENSE (Anyone person) $ 5000.00 AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ j SCHEDULED AUTOS (Per person) HIRED AUTOS ILY $ NON -OWNED AUTOS Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ 1000000.00 i C X UMBRELLA FORM UB60289 05/ 16/94 05/ 16/95AGGREGATE $ 1000000.00 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS I EACH ACCIDENT $ AND DISEASE -POLICY LIMIT $ EMPLOYERS' LIABILITY DISEASE -EACH EMPLOYEE $ OTHER D Equip. Floater ACM023933998 05/16/94 05/16/95 1000 DED. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS An additional insured endorsement has been ordered from the insurance company in your favor. TO FORT I PPRO' Attorn City ri CERTIFICATE HOLDER CANCELLATION By:rHOLDER City of Huntington BeachEXPIRATIQ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES D BEFORE THE DATE THEREOF, THE ISSUING COMENDEAVOR TO 2000 Main Street MAIL .AYS WRITTEN NOTICE TO THE CERTIFICNAMED TO THE Huntington Beach CA 92648 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF NY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZ RESENTATIVE 1ACORD r 25-S 7/90 ©ACORD CORPORATION 1990 EMPLOYER DE LA CRUZ CONSTRUCTION,, INC. 931 SO. FIAPLE AVE. A10NTEBELLO CA 90640 POLICY HOLDER'S PROOF OF PUBLICATION STATE OF CALIFORNIA) S S . PUBLIC NOTICE County of Orange ) NOTICE INVITING BIDS CC-915 Notice is hereby given that seated bids will be ( am a Citizen of the United States and a re. tingon by the titthefoffiice resident of the County aforesaid; I am of the Clty Clerk at City Hall, 2000 Main Street, over the age of eighteen years, an not a Huntington , Beach, Califo, nia, until the hour of 2:00 or interested in the below party toopened p.m. on October 31. 1994, at time they will be publicly and read matter. I am a principal clerk of aloud in the Council Cham- bers for the Traffic Signal entitled the HUNTINGTON BEACH INDEPENDENT, a Modification is Magpolls Ata Street and Indianapolis v- newspaper of general circulation, printed enue, in the City of Hun. tington•Seach.' - A set of and in the City of Huntington pl4as specifics. dons a other contact published Beach, County of Orange, State of be ob. tained on October 5, 1994, at the Department of Public .California, and that attached Notice is a Works, 2000 Main Street, Huntington Beach, Califor. tr u e and complete copy as was printed n1a, upon receipt of a.non- refundable fee of $20.00 for in the Huntington Beach pick-up or $25.00 it mailed. Each bid shall be made on the Proposal Form and published and Fountain Valley Issues Of said and in the manner provided in the contract documents, to wit the issue(s) of: and shall be accompanied by a certified or cashier's newspaper check or a bid bond for not less than 10% of the amount of the bid, made Payable to the City of Hun. tington Beach. The Con. tractor shall, In the per- formance of -the work and October 13 20 27 1994 r r o improvements, conform to the tabor node of toe State of California and other laws of the State of California applicable a thereto, with the exception only of such variations that I declare, under penalty of perjury, that may be required under the specialstatues .pursuant to the foregoing is true and correct. which proceedings hersun- der are taken and which have not been superseded by the provisions of •the Labor Code. Preference to labor shall be given only in Executed on October 27 199�_ 'the manner provided by law. No bid r at Costa Mesa, California. shall be consid. ford unlessit'bytmade Cla form furnished by the City of Huntington Beach and Is made in accordance with the provisions of the pro. posal requirements. Each bidder must be li. censed and also prequali. tied as required -by law. \ The City Council of the City of Huntington Beach reserves the right to reject. any or all bids 8y order of the City Coun- cil order City of Huntington _ Signature Beach, California the 20th of September, t994. Connie Brackwayr CRty;Clerk of the City of Huntington 10aaah • - '2t100 Main Street 17441538.5431 '. . Published Huntington 5190O.FOuntain, Valley lw r Y� ,� dt tindeM October 13, 20, 27;,994. d el ot7 102-151 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINCTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: October 13, 20, 27, 1994 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on October 27 , 199-L— at Costa Mesa, California. Signature PUBLIC NOTICE NOTICE - INVITING BIDS CC-915 Notice is hereby given that sealed bids will be re- • ceived by tMe City of Hun- tington Beach at -the office of the City Clerk at City Hall, 2000 'Main Street, Huntington Beach, Califor- I nia, until the hour of 2:00 p.m. on October'31, 1994, at which time they will be opened publicly and read aloud in the Council Cham- bers -for the Traffic Signal Modification at Magnolia Street and Indianapolis Av- enue, in the City of Hun- tington Beach. A set of plans specifica- tions and other contract documents may - be ob- tained on October 5 1994, at the Department o{Public Works, 2000 Main Skeet, Huntington Beach, Catifot- nia, upon receipt of a non- refundable fee of $20.00 for pick-up or $25.00 if mailed. Each bid shall be made on the Proposal Form 4nd In the manner 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 Hun- tington Beach. The Con- tractor shall, In the per- formance of the work and ' improvements, conform to the labor Code of the State of California and other laws of the State of Californla applicable +► thereto, with.the exception only of sOch variations that may be required under the special statues pursuant to which proceedings hereun- der 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 consid- ered•uniess it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the pro- posal requirements. Each bidder must be li- censed and also prequali- fieq a§ required by law. The City Council of the City 'of Huntington Beach reserves the right to reject any 6r all bids. By order df the City Coun- cil of the Citv'of Huntington BeacK; California the 20th of September, 1994. Candid Brodkway, City Cler(C'dt th# City' of Huntingtoh $'each '2000-,11019kin Street . (714) S36-5431 Publfshed "Huntington Beach wa lain- Valley In- dependent October 13, 20, 27, 1994. � 1 • • • _ :102-151 a'nf lr_dOTICE a I PUBUG NOTICE INVITING thereto, with the exception EJ of such variations that LEY BIDS CC-915 only may required under the Notice is hereby given that Beetled bids wiN be ro- special statues pursuant to which proceedings hereun- celved by the City of Hun. tington Beach at the office der are taken and which have not been superseded it of the City Clerk qpr Hall, 200b Main by the provisions of the r Code. Preference to StrNf Huntington Beach, Caflloa nia, until the hour of 2= �ba shall be given only in — B manner provided by LOT P.M. on October 31, 19p4, at which time they win be — iw. N9 bid shall be consid- publicly and read aloud in the Council Chan. wed unless it Is made on a n furnished by the City Iopened bars for the Traffic Signal of Huntington Beach and is Modification at Magnolia Strest and Indianapolis made in accordance with the provisions of the pro- Av. enue, in the City of Hun- posal requirements. Each bidder must be li- tington Beach. A set of plans specilica- censed and also prequali- tions and other contract documents may be ob. fled as required by law. The City Council of the tained on October 5, 1994, City of Huntington Beach at the Department of PNbtic� reserves the right to reject Works, 2000 Main Stree p any or all bids. Huntington Beach, Calif 4 f By order of the City Coun- the City of Huntington nia, upon receipt of a 4A refundable fee of 5w.0 0 of Beach, California the 20th pick-up or 525.00 if ma er �f September, 1994. Each bid all be Connie Brockway, on the Proposal Forrt At in the manner provirbefo City Clerk of the City of Huntington Beach the contract docy and shall be accorik 2000 Main Street by a certified or rar check a bid bo 17141536.5431 published Huntington e� than 10%� ate less than amount of the b gar Beach -Fountain Valley In - dependent October 13, 20, payable to the Cib b tington Beach. wn 27, 1994. T Maid 102-151 tractor shall, in formance of the mrfftlVnmGMe wnl% Client Reference # C'C- Independent Reference��-�� of- CiOfori& Dla;;r Advertisers: laws of the State of ornla applicable Enclosed please find clipping of your ad from the first publication, beginning D If you need any changes or corrections, please call nie at your earliest convenience. pP The cost of this publication will be $ y-W. Thanks for your cooperation and patronage. sincerely, td 9udy 2ting Manager Legal Advertising Manager 330 West Bay Street, Costa Mesa, CA 92627 (714) 642-4321 FAX (714) 631-5902 NOTICE INVITING BIDS CC-915 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, California, until the hour of 2:00 p.m. on October 31, 1994, at which time they will be opened publicly and read aloud in the Council Chambers for the Traffic Signal Modification at Magnolia Street and Indianapolis Avenue, in the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on October 5, 1994 at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of anon -refundable fee of $20.00 for pick-up or $25.00 if mailed. Each bid shall be made on the Proposal Form and in the manner 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 and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 20th of September, 1994. Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 0328G • n r t 1 Y E:OUNCII A 1�'Y�t�R)K(Request for City Council Actio [. lY Date: September 19,1994 Submitted to : Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administratot - G..— Prepared by:0 K y Silver, Assistant City Administrator/Acting Director of Public Works42OJ Subject: MODIFICATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF MAGNOLIA STREET AND INDIANAPOLIS AVENUE; CC-915 Consistent with Council Policy? [ X ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: On September 6, 1994, the City Council directed staff to modify the traffic signal at the intersection of Magnolia Street and Indianapolis Avenue, CC-915. This Request for City Council Action is to provide Council with information regarding anticipated construction schedules and their associated probable costs. RECOMMENDED ACTION: Select Alternative B as outlined below and authorize staff to advertise for bid for the modification of the existing traffic signal at the intersection of Magnolia Street and Indianapolis Avenue. ANALYSIS: On September 6, 1994 the City Council directed the Public Works Department to modify the traffic signal at the intersection of Magnolia Street and Indianapolis Avenue. At that council meeting, the Acting Director of Public Works gave a cost estimate of $60,000 and that the money is available in the Gas Tax Fund. After further investigation of the condition of the existing traffic signal, staff has revised the probable construction cost estimate upwards to a range between $90,000 and $115,000. At the September 6, 1994 City Council meeting, the council expressed great concern that the signal be modified in an expedient manner. Staff developed three alternatives to accelerate the time schedule in an attempt to have the traffic signal modified. Alternative A will solicit informal bids from four contractors, Alternative B will go out for bids by formal advertising procedures with the City buying the equipment and Alternative C is to go out for bids by formal advertising procedures with the contractor buying the equipment. Alternative A will be per the urgency provisions of City Charter Section 614, Contracts on Public Works Projects. The following is a schedule of the three alternatives: gAcc915\rca.doc Dates for Dates for Dates for Description Alternative A Alternative B Alternative C Advertise for Bids 9/20/94 10/4/94 10/4/94 Open Bids 9/26/94 10/31/94 10/31/94 Order Equipment 10/3/94 10/3/94 11/22/94 Award Contract 10/3/94 11/21/94 11/21/94 Start Construction 10/10/94 12/5/94 2/20/95 Equipment Expected to Arrive 12/28/94 12/28/94 2/27/95 Complete Construction 1/27/95 2/16/95 5/2/95 Staff has estimated the total construction cost to be approximately $90,000. This estimate includes the City purchasing the necessary equipment for the modification. A range of bid prices is expected regardless of the bidding/contracting method chosen by City Council. The construction contract for the new traffic signals currently under construction at the intersections of Magnolia Street/Edison High School and Atlanta Avenue/Miramar Lane/Greenfield Lane was awarded utilizing the provisions of City Charter Section No. 614, which allows the award of a construction contract without the normal competitive bidding process. Use of this charter section resulted in proposed bids by two contractors (who were able to consider doing the work without undue disruption to their existing project construction schedules). Moore Electrical Contracting, Inc. was awarded the contract for the expedited construction of the two traffic signals. The other contractor interested in performing the work (Signal Maintenance, Inc.) bid this project at a 72% premium above the bid selected. Staff is fairly confident that the bids to be submitted for Alternative A (as shown above) will likely result in a 50-75% premium paid over the prices paid if Alternative B or C installation schedules (and associated award processes) are selected. Alternative A may result in construction costs in the range of $125,000 to $150,000 for the traffic signal modification. As detailed above, Alternative A will result in an approximate two week time savings over Alternative B. Alternative A and Alternative B are both dependent upon the delivery of traffic signal poles, which take 12-16 weeks to be delivered after order. As shown in Alternative A, the contractor could begin work on October 10, 1994, but traffic signal poles would not be scheduled to arrive until December 28, 1994. In Schedule B, the contractor would likely start work on December 5, 1994, and poles would likely be delivered on December 28, 1994. The amount of construction required can easily be accomplished in two -three weeks, but signal pole delivery will hold up completion of the project. Due to the urgency of this traffic signal modification, the following projects staff has been working on will remain status quo: plan checking for the Holly Seacliff development, the ISTEA pavement project and any other plans that come in for review; applying for GMA-6 funds for the intersection modification at Golden West Street and Bolsa Avenue; concept review for the McFadden bridge widening over the 1-405 freeway; continual follow- up for Community Development Block Grant funded projects: traffic signal installation at Delaware Street at Yorktown Avenue, the installation of street lights at California Street, Huntington Street and at Liberty Avenue, implementation of the TSM/PVEA traffic signal master project, and finalization of the GMA-6 traffic signal timing project. g\cc915\rca.doc ENVIRONMENTAL STATUS: This project is categorically exempt from the California Environmental Quality Act per §15301(f) of the Act. FUNDING SOURCE: The funds for this project will be available in the Gas Tax Fund, account number E-SF-PW-984-6-43-00, following the adoption of the Proposed FY 94/95 budget. ALTERNATIVE ACTIONS: 1. A Select Alternative A and direct staff to obtain a bid from a reputable traffic signal construction contractor with recent experience in Huntington Beach, and B. Declare that the project is of urgent necessity for the preservation of life, health, or property. (Requires 5 affirmative votes from the City Council.), and, C. Authorize the Acting Director of Public Works to award a contract for the modification of the existing traffic signal at the intersection of the Magnolia Street and Indianapolis Avenue in accordance with the urgency provisions of City Charter Section 614. 2. Select Alternative C and direct staff to return to City Council for authorization to bid upon completion of the traffic signal modification plans for the intersection of Magnolia Street and Indianapolis Avenue. 3. Reject all alternatives and provide direction to staff for the modification of the traffic signal at the intersection of Magnolia Street at Indianapolis Avenue. 4. Do nothing and allow the intersection of Magnolia Street and Indianapolis Avenue to operate as is currently configured. ATTACHMENTS: City Charter Section 614 MTU/REE/JDO/TAE/tae gAcc915\rca.doc SECTION C PROPOSAL for the Traffic Signal Modification at Magnolia Street and Indianapolis Avenue CASH CONTRACT No. 915 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 75 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 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 5qin 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 Item, F.Oimated Item with unit price Extended No. Quantity written in words Lint Price Amount 1 1 Install City Furnished Type III Service Complete lump sum @ SEVC- 4 Aunq*Gi] RkW Te>r,*A Dollars $ $ �14•®O 90 Cents Per lump sum 2 1 Install City Furnished Poles, MA, Lum MA Complete lump stun @ Sty( "f�l�c1�_ 1t1D,�.xJ�I AuAb. Dollars $ r $ -T f (. 0 NO Cents Per lump sum 3 16 Inst7ZAJ r. Q on Veh. Ind. each @cK'�t�� WAGN T*O.Q Dollars St*Tq-M-0- Cents Per each 4 2 Install City Furnished 5-Section Veh. Ind. (Vertical) each @ Foe --TA - -rw-o Dollars $ 97.60 $ 8 .007 140 Cents Per each 5 2 Install City Furnished 5-Section Veh. Ind. (Cluster) each @ FoeTq - S t tiC Dollars $ -4(0.6o $ 92 •oo K0 Cents Per each 6 4 Relocate 400 W Luminaire each @ Tyj E-1^YCy S 1 Dollars $:21, -o $ 1 O b• c c T-tFT4 Cents Per each 7 4 Relocate Type 1 A Pole & Abandon Base each @ 6%t 1 • X1st k1wMA Ftds Dollars $ (AG-.0v $ �(�• VAC? Cents Per each 8 12 Install City Furnished Ped. & Bike Push Button each @ 5t%Tq St j, Dollars $ ?RS.DO fz)� - Cents Per each 9 8 Install City Furnished Pedestrian Indication each @ SS-,rc-ATE( Dollars $ 71•5, $ Gtezo TwGN'C�I ' yos Cents Per each 10 4 Furnish and Install N.I.S.N.S. Complete each @ S14-WT Aty. LE-yA 1-li W'r Dollars $ 'te.ZS $ '�(►12"T'A 1pa/s Cents Per each C-1s PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Quantity written in words Unit Price Amount 11 40 Furnish and Install Detector Loop I each @ _TW 0 Tw'eU'i �Dollars $ 22C%0c> $ ao. o0 %10 Cents Per each 12 8 Furnish and Install No. S Pull Box each @ 'r}&& ),\a*g>gyALAgt> Dollars $ Sg6,-OD $ 2 4q8. NO Cents Per each 13 10 Furnish and Install No. 6 Pull Box each @ "TA eyS Vj &wteGr.1 Dollars $ 315. 60,0 $ !f2j LBO. Cents Per each 14 2 Furnish and Install #522 EVPE Complete each @ Tyw�� (�jgrn'2gi� tt2-�e..l Dollars $ 3t3. > $ (O•Oa KC) Cents Per each 15 14 Furnish and Install Detector Amplifiers each 1l @ Two tWtA-t>2V> -%>.I Dollars $ Z I0•00 $ 2q4C).tgp N1 D Cents Per each 16 8 Furnish and Install Load Switches each @ Ftt%T4I Slt Dollars $5(0.'-b% $ 45(.00 V O IQ-'T`( St42F,4 Cents Per each 17 1 Furnish and Install Transfer Relay each @-Mx0_-ty L114 W-T Dollars $ $ 3$ • O c7 No Cents Per each 18 1 Furnish and Install Dual 20 Amp Flasher each @ T%4,LQ:Tk rcl W-T Dollars $ $ S$.6a Cents Per each 19 1 Relocate VJWV Antennae and Reuse Cable lump sum @ TARMc� Dollars $ $ Soo-00 l�l O Cents Per lump sum 20 1130 Furnish and Install 2" Sch. 80 PVC linear foot @ ICI. mE Dollars $ 41. o p $ O l?O.p� t`10 Cents Per linear foot C-2s PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Quantity written in words Unit Price Amount 21 385 Furnish and Install 3" Sch. 80 PVC linear foot @ T70)2-Myg A Dollars $ A� 14 $ 6j444.E r< '_rb e" Cents Per linear foot 22 165 Furnish and Install 4" Sch 80 PVC linear foot @ TWeLM Dollars $ Z • t O $ �'11 P, .pp _rsNA Cents Per linear foot 23 1 Furnish and Install Cabl& Wire Complete lump sum @ MWO"• G ata A Dollars $ "— $ C*lE Cents Per lump sum 24 2 Install City Furnished Type R73-7 Sign each @ TWo Lgtg� Dollars $ 2%O.= $ 52-0-eb KC> Cents Per each 25 1 Remove Existing Mast Aim Poles Complete lump sum @-rjg1 rgrg4,mM, Dollars $ ._ $ 20• �CG1V N- r ND Cents Per lump sum 26 1 Remove Existing Pull Boxes Complete lump sum @-MkQjaS r%)ga RT Dollars $ '"— $ 32o.c� hl p Cents Per lump sum 27 1 Temporary Signal Wire lump sum @ Tikes Dollars $ Cents Per lump sum 28 1 Concrete Work lump sum @ 51j 14aUU64t-, 'E(6*Tr2rglfj Dollars S — $ t1 O Cents Per lurnp sum 29 o @ Dollars $ $ Cents Per o Total Amount Bid in Figure : $ lzml 0 t .00 .Total Amount Bid in Words:....TNt?�a......lN.�?......................... ............... mac.... C-3s 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 �207o Iq311 E - OW-0 SM�1t�so� L�TQ.1C, o ion 11'5 1K C-i 0 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 j11M i AH J• EQ No , being first duly sworn, deposes and says that he or she is of -r>r, I -a. cz,,z C :•r. imz-. 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. Subscribed and sworn to before me this 24 NOTARY PUBLIC C!4�,,. l IM `E-2�D Name of Bidder Signature of Bi er �3 S . M-4PLZ: ME Address of Bidder day of ©&v6 e.r , 199 �— . r Christine A. Escar cega� Comm. #102"75 • OTARY PUBLIC CALIFORNWY C LOS ANGELES COUNTY �I G . Comm Expires April 24 1998 •+ NOTARY SEAL C4 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 Modification at Magnolia Street and Indianapolis Avenue, (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: Contractor Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 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. Contractor By Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: -t>r-- L-k C¢vz Cewyc: 1N . Contractor -------------- By S�JpC�1NTte..L�Ty./T Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: >s La �,z. C�..►�- �� Bidder Name Business Address �b�11 get w CA. `to(o4c> City, State Zip ( Z 15-) SIM -9 (o9 5- Telephone Number 5114-7 Z'7 e L� " A, State Contractor's License No. and Class 4z� Original Date Issued Expiration Date The work site was inspected by of our office on 10 2v , 199`�. low The following are persons, firms, and corporations having a principal interest in this proposal: -X>m LA Gf-vi Go,m--r: I V4c.. Vkty-r.-P60-Ime, — 'B2Tu a Tpee*--AczeA-. 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. L*I QZQ z, C o.LC-4r. t 14c.. Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this ZS day of oc-'ems& , 199A . Womm Escarcega3 Comm.#1024475 TARY PUBLIC CALIFLOS ANGELES COUNTY ExpresAprd24.t998-+ NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 2. Name and Address of Public Name and Telephone No. of Project Manager: (-� g°18-SS I ( H&: 4 (a1 Joao . C�rt Contract Amount Name and Address of Public Type of Work 6M Name and Telephone No. of Project Manager: ('j 14> 254- S 1 Z(o - 6. Lem$+44L y 3l0coo-cam Contract Amount Type of Work Date C 3. C IT1l r-)F L"Ut-JA 41LJ-S / ZS20/ OQSEV -X>e Name and Address of Public Agency Name and Telephone No. of Project Manager: (711) 70"7-44-SV - 4W-�- Contract Amount Type of Work Date Completed C-10 RECEIVEfl CITY CLERK C'Ty 1#1"T"10TGN 3F Oct 31 1 ss PIS '9 rzl RECEIVED CITY CLERK CITY DF NL*TINGTON aEACH, CALIF. Oa 31 2 00 Ph '94 �IiV7 `ri ;�,�s ND39Mfi�ittN JID Atli;► NL►313 A113 03AI333V DE LA CRUZ CONSTRUCTION INC. P.O. BOX 927 MONTEBELLO, CA 90640 e—�skl_r--� 11 Foci M0161146-491- s-cec-E-r Pt-tn IIAr-A"A P,us Avs . 2oeoo Mktg -5- -r Nv�►T«Ic��r� 1r3eac.�,GaL��eizlula `t2I.40 -Es q ES !C A 03At: i I have received the Faithful Performance Bond and the Labor and Materials bond for Traffic Signal Modification at Magnolia Street and Indianapolis Avenue - CC-915 on behalf of the Treasurer's Office. De La Cruz Construction Inc. P. 0. BOX 927 Montebello, CA 90640 _ Dated---- .l�=G By: PUBLIC WORKS PERFORMANCE BOND Premium is based on final Contract price. Bond Number 3SM 805 640 00 (The premium charged on this bond is $ 1,460.00 being at the rate of $ 20.00 per thousand of the CONTRACT amount). KNOW ALL MEN BY THESE PRESENTS: That we DE LA CRUZ CONSTRUCTION INC. as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY, a Corporation organized and existing under the laws of the state of Illinois, authorized to transact Surety business in the State of CALIFORNIA as Surety are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the sum of SEVENTY THREE THOUSAND FIFTEEN AND 28/100 Dollars ($73,015.28) lawful money'of the United States Of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has been awarded and has entered into a contract dated NOVEMBER 22,1994 with said Obligee to do and perform the following work, to wit: TRAFFIC SIGNAL MODIFICATION AT MAGNOLIA STREET AND INDIANAPOLIS AVENUE, CC NO. 915 and will more fully appear in contract, reference to which is hereby made. NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the above bounden Principal shall well and truly perform, or cause to be per- formed, each and all of the requirements and obligations of said contract this bond shall be null and void, otherwise it shall remain in full force and effect. Signed, sealed with our seals, and dated DECEMBER 2, 1994. DE LA CRUZ CONSTRUCTION INC. Principal By: P G'U'D AS TO FORM: AMERWInFact INSURANCE ©I11P, qry-3-d, amity ntcozneY By: De-1 „yy. i-�y 1;tt orn�Y DAVI Atto CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State Of CALIFORNIA 1 County of LOS ANGELES nrr ^ On before me,RIMBERLY A. BADARACCO, A NOTARY PUBLIC , DATE NAME. TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC - personally appeared DAVID Z NODDLE NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their : KIMBERLY A. BADARACCO signature(s) on the Instrument the person(s), COMM. #96583R or the entity upon behalf of which the NOTARY PUBLIC - MIFN 2 LOSAN6ELESCOUNTY • person(s) acted, executed the instrument. My Comm. Expires kby 6, 1996 • T ESS m h d an icial seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT C INDIVIDUAL CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL X ATTORNEY -IN -FACT CJ TRUSTEE(S) El GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITY(IES) AMERICAN MOTORISTS INSURANCE COMPANY BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES roil toraeY DATE OF i:t , C1 t`��;1 Y BY' D ePl :tY C 1�`YJ �I /�- SIGNER(S) OTHER THAN NAMED AB m1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 • Canoga ParK. CA 91309-7184 PUBLIC WORKS PAYMENT BOND Bond Number 3SM 805 640 00 KNOW ALL MEN BY THESE PRESENTS: That we, DE LA CRUZ CONSTRUCTION INC. as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY, a Illinois Corporation authorized to transact Surety business in the State of CALIFORNIA as Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the sum of SEVENTY THREE THOUSAND FIFTEEN AND 28/100 Dollars $( 73,015.28) lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, admin- istrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounded Principal has been awarded and has entered into a contract, dated 11/22/1994, with said Obligee to do and perform the following work, to -wit: TRAFFIC SIGNAL MODIFICATION AT MAGNOLIA STREET AND INDIANAPOLIS AVENUE, CC NO. 915 as will more fully appear in said contract,reference to which is hereby made and, WHEREAS, said Principal is required by the provisions of Chapter 7,Title 15, Part 4, Division 3 of the Civil Code to furnish a Bond in connection with said contract, as hereinafter set forth. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if said Principal,his or its heirs, executors, administrators, successors or assigns or sub -contractors, shall fail to pay for any materials,provisions,provender or other supplies or teams, implements or machinery used in,upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insura- nce Act with respect to such work or labor, as required by the provisions of Chapter 7, Title 15, Part 4, Division 3 of the Civil Code, and provided that the claimant shall have complied with the provisions of said Code,or for any amounts required to be deducted,withheld,and paid over to the Franchise Tax Board from the wages of employees of the Principal and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code,with respect to such work and labor, the Surety hereon will pay for the same in an amount not exceeding the sum specified in this bond;otherwise the above obligation shall be void. In case suit is brought upon this bond, the said Surety will pay a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon the bond. SIGNED, sealed with our seals, and dated DECEMBER 2ND 1994. DE LA CRUZ CONSTRUCTION INC. By: AMERICAN RI INSURANCE i By:DAV NO DLE Att rney In Fact APPROVED AS TO ,t FOR:d GAIL �� 1 �'' ^ City y� _. B . �y t-,y L i-tcal nee' COMPAN CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of CALIFORNIA 1 County of LOS ANGELES DEC 2 1,094 On before me,RIMERLY A. BADARACCO, A NOTARY PUBLIC , DATE NAME, TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC" personally appeared DAVID Z NODDLE NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged 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), KIMBERLY A. BADARACCO comm. #965838 or the entity upon behalf of which the NOTARY PUBLIC - CALIFORNIA person(s) acted, executed the instrument. LOS ANGELES COUISYt - M996 y Comm. Expires May WI NESS y and n official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER C INDIVIDUAL CORPORATE OFFICER TITLE(S) PARTNER(S) ❑ LIMITED ❑ GENERAL �Bl ATTORNEY -IN -FACT ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) AHERICAN MOTORISTS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN AS TO FORIA' ^�dCity Attc ity At; ort 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 • Cano!Ia ParK. CA 91309-7184 ,o AMERICAN MOTORISTS INSURANCE COMPANY MAINTENANCE BOND BOND # 3SM 805 640 00-A PREMIUM:$/1 YEAR(S) KNOW ALL MEN BY THESE PRESENTS: That DE LA CRUZ CONSTRUCTION INC. as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY a corporation organized and existing under the laws of the State of Illinois and duly authorized to transact a general surety business in the State of CALIFORNIA hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH in the sum of SEVENTY THREE THOUSAND FIFTEEN AND 28/100 ($73,015.28) dollars, lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seal and dated this 2ND day of DECEMBER, 1994 WHEREAS, on the XX day of XXX, 19XX, the said Principal entered into an agreement to the Obligee for WARRANTY BOND IN EFFECT FOR ONE YEAR --TRAFFIC SIGNAL MODIFICATIONS WHEREAS, under the terms of the specification for said work, the said Principal is required to give bond or maintenance to protect the said Obligee against the result of faulty materials or workmanship for a period of ONE year(s) from and after the date of completion and acceptance of same. NOW, THEREFORE, If the said Principal for a period of ONE year(s) from and after the date of completion and acceptance of same by said Obligee, replace any and all defects in said work resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. SURETY: AMERICAN OTO S NSURANCE COMPANY BY: DA D Z. ODD A ORN I ACT PRINCIPAL: DE LA CRUZ CONSTRUCTION INC. BY: APPROVED AS TO FORD: DIRECT ALL CORRESPONDENCE TO: GAIL II -TON, City Attorney LOU JONES & ASSOCIATES B " t' City /a _Orney 7470 N. FIGUEROA STREET LOS ANGELES, CA 90041 213-257-8291 CA'LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of, CALIFORNTA :a County of LOS ANGELES On DEO 2 before me,RIMBMMY A. BADARACCO, A NOTARY PUBLIC , DATE NAME. TITLE OF OFFICER - E.G..'JANE DOE. NOTARY PUBLIC' personally appeared DAVID Z NODDLE , NAME(S) OF SIGNER(S) CM 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 ac- knowledged 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), : KIMBERLYA.BADARA000: or the entity upon behalf of which the COMM.IC-CAL 8 person(s) acted, executed the instrument. ' ; NOTARY PUBLIC CAUFORNIA LOS ANGELES COUNTY � My Comm. May 6. 19% I NESS my a d an icial seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL El CORPORATE OFFICER TITLES) PARTNER(S) ❑ LIMITED ❑ GENERAL BSI ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) AMERICAN MOTORISTS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE - - APPROVED AS TO r� FORM: C1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7GAI � t 'a'�9k"!CA 94ir74torn -, ty Ci t, �,t r.orney na,mmR InsuRanct mmrmien AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER. OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint David Z. Noddle of Los Angeles, California its true and lawful agent(s) and attorneys) -in -fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and dead: Any and all bonds and undertakings provided the amount of no one bond or undertak' exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLAR ($2,500,000.00)^** EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees thR payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the naturm thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called anc held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, or certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to k valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: 0 1&� 0 W. A. Grauzas, AMERICAN MOTORISTS INSURANCE COMPAI by J. S. Kemper, III, Exec. Vice Preside APPROVED AS TO FORM: GAIL HU —0?T, City Attorne; (OVER) By pu+,7 City Attorney UTIM RsuRarice dmranen AMERICAN MOTORISTS INSURANCE COMPANY Home Offii:e: Long Grove, IL 60049 POWER. OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint David Z. Noddle of Los Angeles, California its true and lawful agent(s) and attorneys) -in -fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 19971 unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertak' exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLAR ($2,500,000.00) k* * EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: 'NOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, an certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to b valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: 0 940�� e W. A_ Grauzas, AMERICAN MOTORISTS INSURANCE COMPA� by J. S. Kemper, III, Exec. Vice Preside APPROVED AS TO FOR!5:, GAIL HU TOAT, (OVER) BY: C CitY Attoz tY City Attorn:, Bid Bonds received Dated October 31, 1994 C C-915 BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. Baxter -Griffin ? 9 2. De La Cruz Construction �-36 / l 3. F. J. Johnson, Inc. 4. L & R Electric, Inc. o?. 5. Lekos Electric, Inc. 65 - 6. McCain Traffic Supply 7. Moore Electrical Contracting 8. R. E. Harbor & Co. 9. Reginald General Engineering Contractor zz 0 10. Signal Maintenance 7 7 Z� 11. Skip's Electric a �� 12. Stein & Co. 13. TCB Electric MEMEL- 14. TDS Engineering 15. 16. 17. Page one SAFECO BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 BID BOND NO. 623057 KNOW ALL BY THESE PRESENTS, That we, STE I NY AND COMPANY, I NC. as Principal, hereinafter called the Principal, and SAFECO INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNT I NGTON BEACH as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT (10%) OF THE AMOUNT OF THE BID Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for TRAFFIC SIGNAL MODIFICATIONS (915) — MAGNOLIA ST . & INDIANAPOLIS BID DATE: OCTOBER 31, 1994 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 25TH day of Witness Witness OCTOBER , 19 94 . STE I NY AND COMPANY, INC. (Seal) Principal Title SAFECO DINS RANI PAMELA L . JAC ANY OF AMERICA Attorney ® Registered trademark of SAFECO Corporation. S-54/EP 2/93 PRINTED IN U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of CALIFORNIA County of ORANGE On October 31, 1994 DATE before me, Patricia A. Williams - Notary Public NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC - personally appeared David Chadbourne NAME(S) OF SIGNER(S) U personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(g) whose name( is/ subscribed to the within instrument and ac- knowledged to me that he/abu/tbWexecuted the same in his//c authorized capacity(* , and that by his/XZUtV.M signature(o on the instrument the person(o, or the entity upon behalf of which the person(5t acted, executed the instrument. PATRICIA A. WILLIAMS WI ESS m han and official seal. w Comm. #995616 N y Q 911 NOTARY PUBLIC - CA r<RNIA M .. , ORANGE COUNTY My Comm. Expirea MAY 230997 SIGNATURE OF NOTARY HHIHO OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL lid CORPORATE OFFICER Vice President Tm E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) STEINY AND COMPANY, INC. DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 4;ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of CALTFORNTA County of LOS ANGELES On OCTOBER 25, 1994 DATE before me, BETTY WALKER, NOTARY PUBLIC , NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC - personally appeared PAMEA L. JACOBS , NAME(S) OF SIGNER(S) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/am subscribed to the within instrument and ac- knowledged to me thatAhe/she/Orey executed the same in JDA2/her/the4rc authorized capacity(iws), and that by Was/her/tPFe*r signature(&) on the instrument the person(s), BETTY WALKER or the entity upon behalf of which the _sCOMM. #1003839 R person($) acted, executed the instrument. NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY Mr Comm. Expires Sept. 20, 1997 WITNE my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES OCTOBER 25, 1994 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NO OTMR SICK ER.S SAFECO INSURANCE COMPANY OR AMERTr A SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 e SAFECO KNOW ALL BY THESE PRESENTS: POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 98185 ` No. 4288 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ---------------------PAMELA L. JACOBS, Los Angeles. California -------------- ------------------ 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 4 t h day of January , 1993 . DAN D rAcLEAN RRESID_NIT 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 00 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. R. A. Pierson. 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 S-974/EP 1/03 this 25th day of OCTOBER . 1994 Registered trademark of SAFECO Corporation. V BOND NO. BID OR PROPOSAL BOND GE5643254 KNOW ALL MEN BY THESE PRESENTS, that we Baxter —Griffin Co., Inc. as PRINCIPAL, (hereinafter called the Principal), and Gulf Insurance Company a corporation duly organized under the State of Missouri and authorized to transact a general surety business in the State of CA as SURETY, (hereinafter called the Surety), are held firmly bound unto: The City of Huntington Beach as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 10 % of the accompanying bid of the Principal, not, however, in excess of Ten Thousand and 00/ 100's********************************** dollars, ($ 10,000.00 ), 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. THE CONDITIONS OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit to the Obligee a proposal or bid, dated on or about the date mentioned below, for: (1) the performance of the designated work, or (2) the furnishing of the specified goods, supplies or products, to -wit: Traffic Signal Modification at Magnolia Street and Indianapolis Avenue — Cash Contract No. 915 NOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor, but shall duly make and enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid, or any amendment thereof acceptable to the Principal, within the.time permitted therefor after such contract forms are presented to the Principal for execution, should the Obligee award the Principal the said work or contract, or any part thereof: and if the Principal shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going thereinto, as in the specifications or contracts provided: or if the Principal shall, in case of'failure so to do, pay to the Obligee the damages which the Obligee shall.have actually suffered'by reason of such failure, not exceeding the penal sum of this bond, then this obligation shall be null and void, otherwise to be and remain in full force and virtue. PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid shall have been made within thirty (30) days after the formal opening of said bid, or within the time specified within the bid provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of -said award at the time of notification to the Principal; and unless legal action to enforce any claim hereunder shall have been commenced within six (6) months from the date of the formal opening of said bid. PROVIDED, always, that this Bond shall not be valid and binding upon the Surety unless accompanied by a Certified Copy of a Power of Attorney authorizing the undersigned Attorney -in -Fact to execute such a bond, the Serial Number upon which Copy of Power of Attorney shall correspond with the Bond Number set out above. Signed, sealed, and dated this 25th day of October 19 94 Zl r—Gri n . ,. I BY Richard J. Pimen el, Secretary, Treasurg�ncipal fmz;:;9� BY Randy oh , Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CALIFURNI County of RIVKOIDE On October 25, 1994 before me, EFSSA I. EICK, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER • E.G., -JANE DOE, NOTARY PUBLIC - personally appeared pumm SPOM NAME(S) OF SIGNER(S) 0 personally known to me - OR - ❑ to be the person(-&) whose name(e-) isAa-Fe. subscribed to the within instrument and ac- knowledged to me that he/ the same in hWhe s+r authorized capacityo-e&), and that by hiSkheFA#��ei.r signature(s) on the instrument the person(&), or the entity upon behalf of which the personH acted, executed the instrument. TMERML9ou WITNESS my hand and official seal. "-" � coMM. #gsv2as z . -m . , Notary Pubic — Ca6fomia iG ¢ f " RIVERSIDE COUNN My Comm. Expkes MAR 6.1096 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Gulf Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OR TYPE OF DOCUMENT One NUMBER OF PAGES October 25, 1994 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmel Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 GULF INSURANCE COMPANY KANSAS CITY, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com- pany, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the loth day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time; and any such Attorney -in -fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or other- wise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint BOND NUMBER GE 5 6 Z PRINCIPAL: NAME, ADDRESS CITY, STATE, ZIP Baxter -Griffin Co., Inc. 8210 Monroe Stanton, CA 90680 EFFECTIVE DATE October 31, 1994 CONTRACT AMOUNT $ 100,000.00 BOND AMOUNT $ 10,000.00 Randy Spohn of Anaheim, California its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorneys) -in -fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed one million (SI,000,000.00) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. SURANCF 4( OPpORgTcOGULF INSURANCE COMPANY " SEAL SO\3 STATE OF NEW YORK ) Christopher E. Watson SS President COUNTY OF NEW YORK ) On this 1st day of February, 1994 A.D., before me came Christopher E. Watson, known to me personally who being by me duly sworn, did depose and say; that he resides in the County of Westchester, State of New York; that he is the President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. .7Q JAF� / 1 0� OP 9 V NpTAgY N �B��o Qr David Jaffa rT 4° No.24-4958634 STATE OF NEW YORK ) �OF NE`N Qualified in Kings County SS Comm. Expires November 13, 1995 COUNTY OF NEW YORK ) I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. SURANCe Q Signed and Sealed at the City of New York. ; \aooPPCRArF o�� Z " SEAL Datedthe 25th day of October ,19 94 �SSOVP P. Lawrence P. Miniter Senior Vice President t-4'1,&g,neltalce. BID BOND KNOW ALL MEN BY THESE PRESENTS, That we Signal Maintenance, Inc. as Principal, hereinafter called the Principal, and Firemen's Insurance Company of Newark a corporation duly organized under the laws of the State of New Jersey , 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 greatest amount bid -------------------------------------Dollars ($ 10% of GAB ), 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. Signed, sealed and dated this 20th day of October , 19 94 WHEREAS, the Principal has submitted a bid for traffic signal modifications at Magnolia Street and Indianapolis Avenue. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, 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. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee shall, prior to the execution of the contract, furnish evidence satisfactory to the Surety of the Obligee's ability to make payment to the Principal in accordance with the terms of the contract-. In Witness Whereof, this instrument has been executed by the duly authorized representatives of the Principal and the Surety. Signal Maintenance..Inc. By: Firemen's Insurance CMpary of Newark, NJ Surety By: W 71— William R. Purifoy, At r ey-in-fact Attouiey b i BOND 1264G Punted in U.S.A. Firemen's Insurance Company of Newark, New Jersey GENERAL POWER OF ATTORNEY Know all men by these Presents, That the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has made, constituted and appointed, and by these presents does make, constitute and appoint William R. Purifoy of Houston, Texas its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Five Mitlion (5,000,000) Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meeting duly called and held on the 13th day of January, 1989: "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President of the Company, be, and that each orany of them hereby is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. "FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company 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, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Secretaries this 21 day of duly 11994 Attest: FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY By 1. H. Tanner, Vice President STATE OF CONNECTICUT COUNTY OF HARTFORD Matthew Klimczak, Vice President On this 2t day of duly , 19 94 before me personally came Matthew Klimczak, to me known, who being by me duly sworn, did depose and say that he is a Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. i5pkrl D sf •4 O NOTARY a A GLORIA D. SEEKINS NOTARY PUBLI CERTIFICATE My Commission Expires January 31, 1998 1, the undersigned, an Assistant Secretary of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the town of Farmington, the State of Connecticut. Dated the 20th day of October , 19 94. W. W. Cowling, Assistant Secretary SURETY 5031 (11-92) �'"%� �`�� Printed in U.S.A. ALL-PURPOSE ACKNOWLEDGMENT No. S907 State of Texas County of Harris On 10-20-94 before me, Melba Monroe*...; DATE I NAME. TITLE OF OFFICER -_ E.G.. -JANE DOE. NOTARY PUBLIC' personally appeared William R. Puri NAME(S) OF SIGNER(S) C] personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person**) whose name(s) is/mae subscribed to the within instrument and ac- knowledged to me that he/zkDeftey executed the same in his/ MV4kX authorized 9mi,oa b3ew3o3a capacity( , pnd that by his/AoxWxgjcl)c ,Xe'�sm• . u*Wxwo An signature() on the instrument the person(), tqqw "PH 30>;Ivt)WMN1 or the entity upon behalf of which the person(W acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL L ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Firemen's Insurance Company of Newark, New Jersey DESCRIPTION OF ATTACHED DOCUMENT Bid Bond - Huntington Beach TITLE OR TYPE OF DOCUMENT Two NUMBER OF PAGES 10-20-94 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Orange On October 31, 1994 before me, Margarita C. Ottosson, Notary Public DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC - personally appeared William C. Sondergard************************************ NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persoffM whose nameW isti subscribed to the within instrument and ac- knowledged to me that he/RhEkbbW executed the same in hisIVOWANM authorized capacity(xi, and that by hiz signature(r.) on the instrument the person(*, or the entity upon behalf of which the personM acted, executed the instrument. MWiGARRAC.O1TOez90N WITNESS y hand and official seal. • COMMA # 10404M \ • ORANGE COUNTY �- A0 Ca m. ExpirN 3W3Q,199� SIGNATURE OF NOTARY C OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL RR CORPORATE OFFICER President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Bid Bond for Huntington Beach, CA TITLE OR TYPE OF DOCUMENT 2 NUMBER OF PAGES October 20, 1994 DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 KNOW ALL MEN BY THESE PRESENTS: That We, TDS ENGINEERING BID OR PROPOSAL BOND (hereinafter called the Principal), as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Arizona, 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 just and full sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID ---------------- Dollars ($ 10% OF BID-------) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs and each of our 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 the Obligee a bid or proposal for the "MAGNOLIA STREET AND INDIANAPOLIS AVENUE TRAFFIC SIGNAL" in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, R 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 28TH OCTOBER 94 this day of , 19 TDS ENGINEERING WASHINGTON INTERNATIONAL INSURANCE COMPANY By HAWN BLUME, . Attorney —in —Fact STATE OF _ COUNTY OF CALIFORNIA ORANGE On OCTOBER 28, 1994 , 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 acknowl- edged 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. Signa r1h V \ SS. J. JOHNSTON SHAWN BLUME OPTIONAL °• . J. JOHNSTON COMM. #1007524 > Notary Public California M a:co ORANGE COUNTY .,� My Commission Exp.10/22/97 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-ost Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT Power of Attorney WASHINGTON INTERNATIONAL INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That the Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona, and having its principal office in the Village of Schaumburg. Illinois does hereby constitute and appoint JENNIFER JOHNSTON. MICHAEL A. QUIGLEY, SHAWN BLUME AND DWIGHT REILLY EACH IN THEIR SEPARATE CAPACITY its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its President and its principal office. This Power of Attorney shall be limited in amount to $2,000,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 1980 and October 21, 1986 which read, in part, as follows: 1. The President may designate Attorneys -in -Fact, and authorize them to execute on behalf of the Company, and attach the Sea] of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys -in -Fact, who are hereby authorized to certify copies of any power -of -attorney issued in pursuant to this section and/or any of the By -Laws of the Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate, bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. IN TESTIMONY WHEREOF, the Washing' al Insurance Company has caused this instrument to be signed and its corporate seal to be affixed EE••t�,, by its authorized officer, this 27thAr x- dei, >it 4 �! `0 -1j( f W ON T RNATIONAL INSURANCE COMPANY : COR�CRATE . fro: $EAL •`;o Peve rson, Vice —President %,•ARi,0NA� � STATE OF ILLINOIS) ••.....•``, ;� COUNTYOFCOOK) On this 27th day of September, 1994, before me came the individual who executed the preceding instrument, to me personally known, and, being by me dt sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; IN TESTIMONlWI gEQE�llsare�lerfsl7rtfo r`py hand and ffixe my Official Seal, the day and year first above written. SEAL" 1 C1 :.Sllcl� i.` :CiSKY S :t,te ci I►i.nols C " tine Zaretsky, N ary P blic } My ry:i,i;n cs r.n �xp res 10-7-96 My Commission Expi s Oc ber 7, 1 STATE OF ILLINOIS) COUNTY OF COOK) I, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, Section 5 of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed in the County of Cook. Dated the 28TH da f OC 'OBER , 1 g 94 / e Lewis M. Moeller, Secretary NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I .... State of COUbrnia .. .... :. - .. . County ".Orange 1 91AD a. MCJ F_A7'9 , being first duly sworn, deposes and says that he or she is R.F.SI.QF,nT _ of the party snaking the L foregoing bid that the bid is not made in the interes 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, than 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 thereot.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" wn L, P091 10, is .r .� . . . •.. igwep xo, Su/ze� 17/ Address of Bidder Subscribed and sworn to before me this �- day of WV , 199 NOTARY PUBLIC C4 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. 7-AS F, n 4>n� ern 9 Company Name Signature of Bidder N Primed or Typed Signature Subscribed and sworn to before me thisW�day of ••• .'. �•. J.,JOHNSTON COMM. i#1007W y Cr Notary Public Calitornia Q ORANGE COUNTY NOTARY Poleic ©hh� (,� My Commission Exp.10/22/97� 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: G17=i ae) ,& ;? -'/Od Name and Address of Public Agency Name and Telephone No. of Project Manager: JF,FF,Pnnc>>LF S 80- 1-- 61-519 -,' '� 10 KA Contract Amount Type of Work Date Completed Name and Address of Public Name and Telephone No. of Project Manager: h%RR �z ,Yj, „rrl ,c ' .7.,3-3 A-9�1.f7' fici�an Y- Q Contract Amount Type of Work Date Completed C/% oL' 5A&92? M=,Lee, 16 e,5- &??a ST S�nT� rnvn�t„� a 9�n�1/ Name and Address of Public Agency Name and Telephone No. of Project Manager: ,foc&r?y,P Contract Amount Type of Work Date Completed I TITAN INDEMNITY COMPANY San Antonio, Texas BID BOND KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER 1.1_5 9 4 ............................................. That ......Reginald Agunwah...D/B/A...Re_g.inald...General Engineering .................. ....... Contractor 7941 Galway Court, Riverside, -......................................................................... of.............................................................................................................. _ ........CA ............ 9 2 5 0 3................................................................................... . as Principal, and TITAN INDEMNITY COMPANY, .............:........ a Texas corporation, as Surety, are held and firmly bound unto...City Of Huntington Beach ......................................................................................................... as obligee, in the full and just sum of ten .... perCent,C-1.9%-)..... Of ... the_ ... greatest..... amount_, bid._.. not to exceed a maximum of fifteen thousand ($15, 000.00) ------------------------------------------------------------------------------------------------------------------------- Dollars, 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, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal traffic signal modification at magnolia street and Indianapolis Avenue, cash contract # 915. THE CONDITION OF TH IS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. October 31, 1994 Signed, sealed and delivered ................................................ ✓� (Date) Reginald Agunwah D/B/A Reginald k General.-..Engineering-.-ContracAgML) " - (SEAL) 2'egria' gunwafi;""p'rop "'ieor ND►. N ,C3(APANY TI� ......................... i............. G`..... ................ ................................ Bake A. `ram ister, Attorney -in -fact TIC-BB-2 Titan Indemnity Company 115904 San Antonio, Texas GENERAL POWER OF ATTORNEY CONTRACT AMT: NSA BOND AMT:$15, 000.00 BOND No.:115904 Know all men by these Presents, that TITAN INDEMNITY COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint Blake A. Pfister 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, bonds, undertakings, contracts of suretyship, and other documents of a similar character issued in the course of its business, and to bind the Company thereby, provided that no bond or undertaking or contract of suretyship executed under their authority shall exceed in the amount the sum of Five Hundred Thousand and 00/100 Dollars ($500,000) This Power of Attorney is granted and is signed and sealed by the authority of the following Resolution adopted by the Board of Directors of TITAN INDEMNITY COMPANY on the 15th day of January, 1993. Resolved: That Mark E. Watson, Jr., President, Mark E. Watson, III, Secretary, Michael J. Bodayle, Treasurer, Bob L. Sibley, Executive Vice President, and Gene Holt, Vice President of Surety Operations, or any of them, shall have the power to appoint Attorneys -In -Fact as the business of the Corporation may require or to authorize any persons to execute on behalf of the Corporation any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds and release and assignment of judgments, decrees, mortgages and instruments in the nature of mortgages and also all other instruments and documents which the business of the Corporation may require and to affix the seal of the Corporation thereto. Resolved Further: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. In Witness Whereof, TITAN INDEMNITY COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by its Secretary this 15th day of January, 1993. Attest: Mark E. Watson, III, Secretary The State of Texas County of Bexar TITAN INDEMNITY COMPANY By: , Bob L. Sibley, Executive Vice President Oita N 17, _.• GCRPOR4TF •. b On this 28th day of May, 1993 before me personally came Bob L. Sibley, to me known, who being by me duly swom, did depose and say that he is the Executive Vice President of TITAN INDEMNITY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Jill Bumgardner, Notary Public Certificate I, the undersigned, the Treasurer of TITAN INDEMNITY COMPANY, a Texas Corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed in the City of San Antonio, in the State of Texas. Dated the 31 Stday of October .19 94 Michael J. Bodayle, Treasurer (TIC-GPOA 071294) (Affix Seal Here) BID OR PROPOSAL BOND BOND #8-B KNOW ALL MEN BY THESE PRESENTS: PREMIUM: NIL That we, SKIP'S ELECTRIC, INC. (hereinafter called the Principal), *as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Arizona, 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 as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH CA (hereinafter called the Obligee) in the just and full sum of TEN PERCENT OF AMOUNT BID Dollars ($ i0' ) lawful money of the United States of America, for the payment of which well and truly to be made, we hereby bind ourselves and each of our successors and assigns, jointly and severally, firmly be these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit the Obligee a bid or proposal f or the TRAFFIC MODIFICATION AT MAGNOLIA ST. AND INDIANAPOLIS AVE. NO. 915 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 28TH OCTOBER , 19 94 . BDB 600201 x SKIP' S/E`CL�ECTRIC, INC. day of WA•SHINGTON INTERNATIONAL INSURANCE COMPANY t �. By l)o DIANA LASKOWSKI / ATTORNEY -IN -FACT General WASHINGTON INTERNATIONAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Washington International Insurance Company,a corporation organized and existing under the laws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois, does hereby constitute and appoint • KAREN CHANDLER, DAVID L. CULBERTSON, LINDA L. CULBERTSON, " • • * CHARLES L. FLAKE, DIANA LASKOWSKI AND LEXIE SHERWO00 • • its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its President at its principal office. This Power of Attorney shall be limited in amount to $2,000,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 1980 and October 21, 1986 which read, in part, as follows: 1. The President may designate Attorneys - in - Fact, and authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to appoint Special Attorneys - in - Fact, who are hereby authorized to certify to copies of any power -of -attorney issued in pursuant to this section and/or any of the By -Laws of the Company, and to remove, at any time, any such Attorney- in•Fact or Special Attorney - in - Fact and revoke the authority given him." 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the company. IN TESTIMONY WHEREO on International insurance corporate seal n��••,....�� }y�kthl�uthorized offi er, thi v` : • • `j� (j` TON IN El z ;CORPORATE a !� go .�� ; AL � �0 f �. ARIZONA * �. STATE OF ILLINO�'Sy'i '•..•,•�.•• �a��V, Ar COUNTY OF COOK my has caused this instrument to be signed and its day of November, 1992. TIONAL INSURANCE COMPANY , Vice Pres On this 30th day of November, 1992, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above written. "OFFICIAL SEAL" CHR.ISTINE ZARFTSKY t� istine Zarets1W, Nbtar�c Notary Public. State of Illinois ) My Commission E i res October �Z; 1996 My Comm:ssion Expires 10-7.96 .i-r.r.. •..-..---..-.i-LFRSi T.I CATE STATE OF ILLINOIS ) COUNTY OF COOK ) I, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, Section S of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed in the County of Cook. Dated.9 28TH daq,of 0 BE & 19 94 Lewis M. Moeller, Secretary J, TRANSAMERICA w SPECIALTY INSURANCE Transamerica Premier Insurance Company Home Office: Orange, California Proposal Bond KNOW ALL MEN BY THESE PRESENTS, Bond no. TPI 3220749-92 Bid Date: 10/31/94 That We L & R ELECTRIC SERVICE COMPANY,INC. as Principal, and the Transamerica. Premier Insurance Company, a corporation under the laws of the State of California, as Surety, are held and firmly bound unto City of Hunington Beach (hereinafter called the obligee) in the full and just sum of TWELVE THOUSAND, EIGHT IIUNDRED AND N0/100 ($12, 800.00 ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, or successors, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Traffic Siqnal Modification NOW, THEREFORE, if said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful performance of the said con- tract, then this obligation shall be void; otherwise to remain in full force and effect. Provided, however, that if said contract is not awarded within 60 days of the date of bid opening, this bond shall be void and of no force and effect. Signed and Sealed this B30028A 31st Max day of October 19 94 ..—._.:. _ �:-(i��Y+�x�.r'�r.�wsr.•,,..n.r.�.-.r.-��.� ......w+a...ww..•••w�.•w...�✓a�YLs _ _ __ _ i—+O•.i''.: ��1.1 �'Y- ��Y"' k.!;w �r:Ytpr iw �i.•i1.v.•it:�'ct�:. •h•'�il.•,c:..•�..�.:: y.•*•,..t`r.•_ �'�., A'r4%� .. Yl Rf a.`�•'.: ..'`..'•tip �v �`,.i.� - '. ...;`a.. j�.i::;,r. as _.r. _ • - ,.�_" 04� Zi/8� .� 2�� 4Q ';:; "•' _, _ PAC OAST 7_ - "' IFIC' C Tl�O 3/00 INKRANCEM COMPANY NAME CHANGE RIDER Please attach this rider to your bond., The name of the company issuing your bond has been changed. This name change does not in any way modify either your bond status or your bond provisions. The bond is revised as follows: The name "Transamerica Insurance Company" is deleted wherever it appears and is replaced by "TIG Insurance Company." The name "Transamerica Premier Insurance Company" is deleted wherever it appears and is replaced by "TIG Premier Insurance Company." The name "Transamerica Specialty Insurance Company" is deleted wherever it appears and is replaced by "TIG Specialty Insurance Company." All other provisions of this bond continue to apply. This chance is signed by the President and Secretary of the companies. � JL Z 22474 _ 3-94 i•7 . •�. Y. .: -- .. A F'•F•j.:% r::^, _'... W,.—, . : � l•� • r;: �, d�....• - - �-'•wL.. •'. , -_ . ._,-; N:tiT�!.�'....�1,..�.•.y,s,•'l.•r ♦�.. a ii•.,��.. 1h-• 1.•. •Y'b-. --....riM r✓•. .n.� ••q ; :Y'F.wrJM•^!�•My.lwR•. �r1 .'.r, • hl . . � �'►•- •r•Iw�lMIM1��--r�P1•.MwLMrr1�4.- - •. .r•r..-•n..w+....+:,.q �.-..r.r-r•Kr---+•fir-... ,..«-...... .. ., CA-LfFbRNIA ALL-PURPOSE ACKNOWLEDOMSlVT '`.: t '` '#• ' ; ,....... - � r•; Y �" . - .. .., .. tka, soar .. . State Of CALIFORNIA County of LOS ANGELES 4 On Jo--6 -OM before me,: RAMON C. ''ARTEAGA OATS r NAME, TITLE OF O MA • SM.'JANG 2Q& NOTARY !RUSUC personally appeared RAYMOND C. MORALES NAMC(S) OP S:GNER(5) i personally known to me-�i4x�Xiit+xt�� to be the person(x) whose name(x) Is/,*X!pl subscribed to the within instrument and ac- knowledged to me that hexft executed the same in hi-s~t;fX authorized capacity(iftft), and that by hisXXPf signature(g) on the insts umer.t the persor.,4), ~"e"'ee'0e"e'ee• or the entity upon behalf or w 'ich the RAMcomm. 0ONC.ARTEAGA� person() acted, ex2CuI %. the irstr-rrient. �o23WO WITNE-S my hard and �.s �'i '. -.ram r� •--i7'r Inc: r. the cam ha!ow is nv rec!:irer :%. !w.v. ;t rra :rove val,-aclo :0 per=-ar -eivin n " e ,,,r _ CO + prevent 'S / : S C � :�i G•^.^ a 3^" LIB ,7r�v2.^. 'SaVac n-ment C' :h;5 `crrn. CAPACITY CLAIMED BY SIGNER _.: ACIVIDUAL CORPORATE CFPiCcR VICE—PRESIDENT n- d(SI ❑ PAR T N59(S) ❑ LIMITSD GENERAL ❑ ATTOF+NE•f•IN-;=ACT C T RUSr=(s) L� GUAADtAN/CONSERVATOR ❑ OTHEP. SIGNER 1$ AEPRESENTING: NAME Cp PIPION(s) Op 1NTl: qvs) L. & R. ELECTRIC SERVICE COMPANY INC. DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF CCCUMENT NUMBER OF PAGES OAT[ OF DOCUMENT SIGNER(S) OTHER THAN NAME[) ABOVE 01 993 NATIONAL �TAAY ASSCC)ATON - 8230 Remmet Ave., P.C. 80171 a4 - Canoga Psrx. CA 81309.71 S4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of' Los Angeles On October 31,1994 DATE before me, G. R. Dillingham I _--- NAME, TITLE OF OFFICER • E.G., -JANE DOE, NOTARY PUBLIC" personally appeared Marie C . King NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged 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. OFFICIAL NOTARY SEAL GR. D!LUNGHAM (\41" Notary Public — California `�~LOS ANG =LES COUNTY SIGNATURE OF NOTARY My Comm. Expires OCT 14,1995 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 2 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 TIG Premier Insurance Compary Admintatrattve Off/ce: Battle Creek, Micn,gan 001462 GENERAL POWER OF ATTORNEY GPA Power Of Attorney valid only if numbered to red: Know All Men by These Presents, That TIG Premier Insurance Company, a corporation duly organized and existing under the laws of the State of California, and having its administrative office in Battle Creek, Calhoun County, Michigan, does by these presents make, constitute and appoint MARIE C. KING of LA CRESCENTA and State of CALIFORNIA its true and lawful Attorney(s)-in- Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver CONTRACT BONDS (S.B.A. GUARANTEE AGREEMENT) - MAXIMUM PENALTY $500,000.00 OTHER CONTRACT BONDS - MAXIMUM PENALTY $100,000.00 ALL OTHER BONDS - MAXIMUM PENALTY $25,000.00 "THIS POWER OF ATTORNEY SHALL TERMINATE AND BE OF NO FURTHER EFFECT AFTER DECEMBER 31, 1994" and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said apppointment is made under and by authority of Section 35 of the bylaws, as amended, and duly adopted by the Board of Directors of the TIG Premier Insurance Company. "Be It Resolved, that the President, any Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any or more suitable persons as Attorney(s)- in -Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney -in -Fact Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of surety and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, TIG Premier Insurance Company has caused these presents to be signed by its VICE PRESIDENT and its corporate seal to be hereto affixed this 4TH day of J \ - AD., 19 94 ! �GU�P OC� TIG P ER IN URANCE COMPANY. n State of Michigan µ .!�_ J ;LY � O B SS.:-� 1041 a y FRED C. CRAIG N County of Calhoun �9</F0¢��a �d 1` On this 4TH day of J in the year 1994 before me SHERRY ANN KING a notary public, personally appeared FRED C. CRAIG , personally known to me to be the person who executed the within instrument as VICE PRESIDENT on behalf of the corporation therein named and acknowled to me that the corpora ion executed it l6W A N KNO MMM PtAft Odhou+ CaxMy, W MyComrt"on6ilpkesMay12.1940 Notary Public I, the undersigned Secretary of TIG Premier Insurance Company hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of Section 30 of the bylaws, as amended, and duly adopted by the Board of Directors of the TIG Premier Insurance Company and that said Section 30 of said bylaws has not been amended or repealed as of the date hereof; "Resolved, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of the Corporation, may be affixed or printed by facsimile to any certificate to a Powerl of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company, this 19 94 THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND N0. TPI 3220749-92 31st day of October ctt,, pcC, Secretary 30024 C 01-94 f MERGHANTS BONDING COMPANY 3465 CAMINO DEL RIO SOUTH, SUITE 310. SAN DIEGO. CA 92108 (619) 282-7172 / (800) 624-2415 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, F. J. JOHNSON, INC. (hereinafter called the PRINCIPAL) and MERCHANTS BONDING COMPANY (Mutual), a corporation organized and doing business under and by virture of the laws of the State• of Iowa 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 HUNGTINGTON BEACH (hereinafter called the OBLIGEE) in the full sum of TEN PERCENT OF THE TOTAL AMOUNT BID IN -------------------- DOLLARS (S 10% ) lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, the above bounden PRINCIPAL is about to hand in and submit to the OBLIGEE, a bid or proposal date OCTOBER 31, 1994for: TRAFFIC SIGNAL MODIFICATION AT MAGNOLIA STREET AND INDIANAPOLIS AVENUE PROJECT NO. 915 in accordance with the plans and specificati ns filed in the office of the OBLIGEE and under the notice inviting proposals therefor. NOW THEREFORE, if the bid or proposal of said PRINCIPAL shall be accepted and contract for such work be awarded to the PRINCIPAL thereupon by said OBLIGEE, and said PRINCIPAL shall enter into a contract and bond for completion of said work as required by law, then this obligation shall be null and void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, said PRINCIPAL and SURETY have caused these presents to be signed and sealed this ?RTH day of OCTOBER - 19--2A-_. F. J. JOH ('SON; INC. PRINCIP / 11 . / f�- BY: MERCHANTS BONDING COMPANY (MUTUAL) SURETY JU M H K. CUNNINGHAM Attornev-in-r-acT- El CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of ORANGE On before me, MARGARETA T. HIERL Notary Public Date personally appeared JUDITH K. CUNNINGHAM Name of Signer(s) Ellbersonally 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 mn;;nrn;; nninn;r,;:rai.eu ,,r,,,,nnnullnnnrnnnea authorized capacity(ies), and that by his/her/their t,rFICIAt.SEAL signature(s) on the instrument the person(s)or the s lAAf2C-,.F, ETA T. mmL entity upon behalf of which the person (s) acted, Dot ^ norm: . u CALIFORNIA executed the instrument. 6 r FRS!.; ,PAL OFFICE IN a LO; A:NZELES COUNTY WIT S my hand a off ci e Lsu k'y Cornmissian Exp res Dec.9, IM .. ��i Signat)i#e of Notary 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 TTTLE(S) ❑ PARTNERS(S) ❑ LIMITED ❑ GENERAL f2ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 3361 31693 GRIFFITII-SINCOCK Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines. County of Polk. State of Iowa, hath made, constituted and appointed, and does by these presents make. constitute and appoint >».10HN H. GARRETr**JUDITH K. CUl1MGHAH**KELLY HCNEIL<<< >»«< »>«< of SANTA ANA and State of CA its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety: >>>TWO HUNDRED FIFTY THOUSAND DOLLARS($250,000.00)<<< and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual). ARTICLE 2, SECTION 8. — The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorney -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and otherwritings obligatory in the nature thereof. ARTICLE 2, SECTION 9. — 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 obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by its Vice President and President, and its corporate seal to be hereto affixed, this 15th day of October A.D., 19 92 Attest: MERCHANTS BONDING COMPANY (Mutual) By 19t33 Ic: vre.nrss)d.nr ) .ssidsnr ^, STATE OF IOWA •._ y�; ��,�,• COUNTY OF POLK ss. On this 15th day of October .19 92 , before me appeared M.J. Long and Rodney Bliss Ill, to me personalty known, who being by me duly sworn did say that they are Vice President and President respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. in Testimony Whereof, I have hereunto set my hand and affixed my Official Seal, at the City of Des Moines, Iowa the day and year first above written. . �G. BRV� • • C . A. y • • 3 •IOWA• m • O •.• gH1A�• .� STATE OF IOWA COUNTY OF POLK ss. Nofsny Iubne. Polk County. so-* My Con•^tssan Esoir•s 11-4-95 I, M.J. Long, Vice President of the MERCHANTS BONDING COMPANY (Mutuall do hereby c foregoing Is a true and correct copy of the POWER OF ATTORNEY, executed by said M COMPANY (Mutual), which is still in force and effect. In Witness Whereof, ( have hereunto set my hand and affixed the seal of the Company, at SANTA A9Z this 28TH day of OCTOBER 19 94 ; This power of attorney expires December 31, 1995. • ` OW fhe above and VIGILANT INSURANCE COMPANY 15 Mountain View Road, R O. Box 1615 Warren, New Jersey 07061-1615 CHUBB KNOW ALL MEN BY THESE PRESENTS that LEKOS ELECTRIC, INC. BID BOND (AIA A310) as Principal, and VIGILANT INSURANCE COMPANY, a New York corporation, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE ACCOMPANYING BID------__NM-_-----Dollars ($10Z OF BID-----), for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS the Principal has submitted a bid for TRAFFIC SIGNAL MODIFICATION AT MAGNOLIA STREET AND INDIANAPOLIS AVENUE BID DATE: 10/31/94 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 into 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, sealed and dated OCTOBER 28, 1994 VIGILANT I URANCE COMPANY by SANDRA J. L , Attorney to Fact Form 1"2-0332 (Ed. 1-93) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of County of CALIFORNIA SAN DIEGO On OCTOBER 28, 1994 before me, VALERIE M. PEARCE, NOTARY PUBLIC DATE NAME. TITLE OF OFFICER - E.G..'JANE DOE. NOTARY PUBLIC - personally appeared SANDRA J. LITTLE, ATTORNEY —IN —FACT , NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized OFFICIAL SEAL capacity(ies), and that by his/her/their yaerie -; VALEME PST. PEPRCE NOTARY PU[iLIC-CALIFv2NIA signature(s) on the instrument the person(s), ., PRINCIPAL OFFICE IN SAN DIEGO COUNTY or the entity p upon behalf of which the My Commission Expires 1anunry 10, 1995 person(s) acted, executed the instrument. TN y hand and official al. I -�? WJ/La V SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER T1TLE(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave.. P.O. Box 7184 - Canoga Park. CA 91309.7184 POWER OF ATTORNEY VIGILANT INSURANCE COMPANY ATTN: SURETY DEPARTMENT ' 15 Mountain View Road, Warren, NJ 07059 (908) 903-2000 Know all Men by these Presents, That VIGILANT INSURANCE COMPANY, a New York Corporation, has constituted and appointed, and does hereby constitute and appoint Jack T. Warnock, James F. Teghtmeyer, Jerold D. Hall, Sandra J. Little and Bart-B. Stewart of San Diego, California -------------------------------------------- each its true and lawful Attomey-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds or obligations given or executed in the course of its business, and consents for the release of retained percentages and/or final estimates. In Witness Whereof, said VIGILANT INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this 11 th day of October, 1994. VIGILANT INSURANCEIJV" COMP Y by-4 Soren N. S. Laursen, Vice President STATE OF NEW JERSEY l r as. County of Somerset On this 11th day of October 1994, before me personally came Kenneth C. Wendel to me known and by me known to be Assistant Secretary of VIGILANT INSURANCE COMPANY, the corporation described in and which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly swum, did depose and say that he is Assistant Secretary of VIGILANT INSURANCE COMPANY and knows the corporate seal thereof, that the seal affixed to the foregoing Power of Attomey is such corporate seal and was thereto affixed by authority of the Sy -Laws of said Company; and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; and that he is acquainted with Soren N. S. Laursen and knows him to be the Vice President of said Company; and that the signature of said Soren N. S. Laursen subscribed to said Power of Attorney is in the genuine handwriting of said Soren N. S. Laursen and was thereto subscribed by authority of said By -Laws and in deponent's presence. Notes/ Seal Acknowledged and Sworn to before me o'��H on the date above written. NOTARY i Pl1eUC `'�" '•ti. „ s LINDA WCH Ace Notary Public �M �E i w Notary Public, State of New Jers_y STATE OF NEW JERSEY j CERTIFICATION No. 2091352 J as Commission Expires July 29, 1996 County of Somerset I, the undersigned, Assistant Secretary of VIGILANT INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By -Laws of the said Company as adopted by its Board of Directors on June 13,1974. and most recently amended June 2,1989 and that this By -Law is in full force and effect. 'ARTICLE XV Section 2. Ail bonds, undertakings, contracts, and other instruments other than as above, for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations, except that arty one or more officers or attomeys-in-fact designated in any resolution of the Board of Directors or the Executive Committee, or in arry power of attorney executed as provided for in Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of attorney. Section 3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, Vice Chairman, President, ar►y 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 Assistant Secretaries or Attomeys-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 aiomey 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 upon the Company with respect to any bond or undertaking to which it is attached' 1 further certify that said VIGILANT INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, District of Columbia and Puerto Rico, and is also duly licensed to become sole surety on bonds, undertakings, etc. permitted or required by the laws of the United States. And I further certify that the foregoing Power of Attorney is in full force and effect. Given under my hand and seal of the said Company at Warren, NJ this 28TH day of OCTOBER ,19 94 . Assistant Secretary CONSENT tie] MERCHANTS BONDING COMPANY 3465 CAMINO DEL RIO SOUTH, SUITE 310. SAN DIEGO. CA 92108 (619) 282-7172 / (800) 624-2415 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, F. J. JOHNSON, INC. (hereinafter called the PRINCIPAL) and MERCHANTS BONDING COMPANY (Mutual), a corporation organized and doing business under and by virture of the laws of the State. of Iowa and duly licensed for the purpose of making, guaranteeing or becoraino 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 HUNGTINGTON BEACH (hereinafter called the OBLIGEE) in the full sum of TEN PERCENT OF THE TOTAL AMOUNT BID IN ____________________ DOLLARS (S 10% ) lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, the above bounden PRINCIPAL is about to hand in and submit to the OBLIGEE, a bid or proposal date OCTOBER 31, 1994for: TRAFFIC SIGNAL MODIFICATION AT MAGNOLIA STREET AND INDIANAPOLIS AVENUE PROJECT NO. 915 in accordance with the plans and specificatidns filed in the office of the OBLIGEE and under the notice inviting proposals therefor. NOW THEREFORE, if the bid or proposal of said PRINCIPAL shall be accepted and contract for such work be awarded to the PRINCIPAL thereupon by said OBLIGEE, and said PRINCIPAL shall enter into a contract and bond for completion of said work as required by law, then this obligation shall be null and void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, said PRINCIPAL and SURETY have caused these presents to be signed and sealed this 9RTH day of OCTOBER - 19 t . F. J. JOH SON!, INC. PRINCIP MERCHANTS BONDING COMPANY (MUTUAL) SURETY BY: jUD14H K. CUNNINGHAM A Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of ORANGE On / 0/-A `f before me, MARGARETA T. HIERL Notary Public Date personally appeared JUDITH K. CUNNINGHAM Name of Signer(s) (R.Ibersonally known to me - OR - ❑ proved mn„"Ill:�linnnlnnmuunPinn:u.etn cn�,�am�a�v�nur,inmniq�•nusuIB10BIIIIPIIIlII11HN ( E'FiCIAL SrAL "IE OKI P.,u IC - CALItGRNIAPi2.N„irAL OFFICE tNLO> ADo Exp' COUNTY tkly Commission Exp-res ?ec.9,1994 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. /1 WIT);ASA my hand an, off of Notary 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 TTTLE(S) ❑ PARTNERS(S) ❑ LIMITED []GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TrME OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE 3361 31693 GR[FFITII-SINCOCK Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines. County of Polk, State of Iowa, hath made, constituted and appointed• and does by these presents make, constitute and appoint >>X70HN H. GARRETr**JUDITH K. CUNNINGHAH**KELLY HCNEIL<<< >> << »>«< of SANTA ANA and State of CA its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety: >>>TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000. 00) <<< and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual). ARTICLE 2, SECTION 8. — The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorney -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and otherwritings obligatory in the nature thereof. ARTICLE 2, SECTION 9. — 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 obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by its Vice President and President, and its corporate seal to be hereto affixed, this 15th day of October A.D., 19 92 Attest: MERCHANTS BONDING COMPANY (Mutual) y STATE OF IOWA J. Z-,•• COUNTY OF POLK ss. On this 15th day of October ,19 92 , before me appeared M.J. Long and Rodney Bliss Ill, to me personalty known, who being by me duly sworn did say that they are Vice President and President respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the foregoing instrument. and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Director& In Testimony Whereof, i have hereunto set my hand and affixed my Official Seal, at the City of Des Moines, Iowa the day and year first above written. Ole a. 9 3:•IOWA•1 m O' ' *..... * •• gRtA�• •• STATE OF IOWA COUNTY OF POLK as. notary Public. Polk County. 10-8 My com w8siort E+ob•r 11-4-95 1, M.J. Long, Vice President of the MERCHANTS BONDING COMPANY (Mutuall do hereby certify that the abc foregoing is a true and correct copy of the POWER OF ATTORNEY, executed by said MER�((IrNTQ QI COMPANY (Mutual), which is still in force and effect. A • O. APO In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company, at SANTA A14P,,.•*IFdk4j this 28TH day of OCTOBER 19 94 = c This power of attorney expires December 31, 1995. and 4 INDEMNITY COMPANY of CALIFORNIA BID BOND KNOW ALL MEN BY THESE PRESENTS, That we- TCB ELECTRIC, INC. BOND NO. --- PREMIUM: INCLUDED IN BID BOND SERVICE as Principal, and INDEMNITY COMPANY of CALIFORNIA, a corporation authorized to transact a general surety business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the full and just sum of TEN PERCENT OF GREATER AMOUNT 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 SIGNALS AND STREET LIGHTING AT MAGNOLIA AND INDIANAPOLIS 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, with surety acceptable to the Obligee for the faithful per- formance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and Sealed this 31 ST day of OCTOBER 19 9 4 TCB ELECTRIC, INC. BILLY L.0 GUNTER, PRESIDENT Principal ICC 307 REV. 4-85 INDEMNITY COMPANY of CALIFORNIA By: UJ2-0� HELEN MALON Y��ttor 4n•Fact POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N° 187029 P.O. BOX 19725, IRVINE, CA 92713 • (714) 263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1996. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ***John G. Maloney, Helen Maloney, Michael W. Thomas, jointly or severally*** the true and lawful Attorney(s)-In-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; 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. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, self -insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24, 1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation 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 corporation 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, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April, 1993. INDEMNITY COMPANY OF CALIFORNIA By r Da F. Vincenti, Jr. �pAMy President p� pOR 0- = OCT. S. r ATTEST Iss7 0 Sn�r/FOa�'�+�? ��JJ By Gt/+�^ A� Walter Crowell Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) DEVELOPERS INSURANCE COMPANY By r Dan F. Vincenti, Jr. President ATTEST By Walter Crowell Secretary \NsuR a Ci FOR o �? MAR.27, '0w ; 7 1979 D O n7�/F00.N��T On April 1, 1993, before me, Tiresa Taafua, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or provided 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. 9 Signature ------------------------------------- OFFICIAL SEAL TIRESATAAFUA NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN . ORANGE COUNTY �. My Comrrission Exp. Aug. 4, 1995 CERTIFICATE The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached 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, this 3 1 ST day of OCTOBER ,199 4 INDEMNITY COMPANY OF CALIFORNIA �PAh), DEVELOPERS INSURANCE COMPANY �NsuR �OCD"', R.4r 0 4Q` kpo*4ry By 1967 o By 1979 L.C. Fiebiger 0 ? L.C. Fiebiger o \� Senior Vice President 1� r/roAi �� Senior Vice President ID-310 REV. 4/93 AMERICAN MOTORISTS INSURANCE COMPANY 3SM 803 543 00 BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, DE LA CRUZ CONSTRUCTION INC. AS PRINCIPAL, AND THE AMERICAN MOTORISTS INSURANCE COMPANY, A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF ILLINOIS, AND AUTHORIZED TO DO BUSINESS IN THE STATE OF CALIFORNIA AS SURETY, ARE HELD AND FIRMLY BOUND UNTO CITY OF HUNTINGTON BEACH AS OBLIGEE, IN THE SUM OF 10% OF THE TOTAL AMOUNT BID NOT TO EXCEED TWELVE THOUSAND AND NO/100($12,000.00) DOLLARS, LAWFUL MONEY OF THE UNITED STATES OF AMERICA, TO THE PAYMENT OF WHICH SUM WELL AND TRULY TO BE MADE, THE PRINCIPAL AND SURETY BIND THEMSELVES, THEIR AND EACH OF THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, JOINTLY AND SEVERALLY BY THESE PRESENTS. THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, IF THE OBLIGEE SHALL MAKE ANY AWARD TO THE PRINCIPAL FOR: RE -MODIFY TRAFFIC SIGNAL BID DATE:OCTOBER 31, 1994 ACCORDING TO THE TERMS OF THE PROPOSAL OR BID MADE BY THE PRINCIPAL THEREFOR AND THE PRINCIPAL SHALL DULY MADE AND ENTER INTO A CONTRACT WITH THE OBLIGEE IN ACCORDANCE WITH THE TERMS OF SAID PROPOSAL OR BID AND AWARD AND SHALL GIVE BOND FOR THE FAITHFUL PERFORMANCE THEREOF, WITH THE AMERICAN MOTORISTS INSURANCE COMPANY AS SURETY OR WITH OTHER SURETY OR SURETIES APPROVED BY THE OBLIGEE; OR IF THE PRINCIPAL SHALL, IN CASE OF FAILURE, SO TO DO, PAY TO THE OBLIGEE THE DAMAGES WHICH THE OBLIGEE MAY SUFFER BY REASON OF SUCH FAILURE NOT EXCEEDING THE PENALTY OF THIS BOND, THEN THIS OBLIGATION SHALL BE NULL AND VOID; OTHERWISE IT SHALL BE AND REMAIN IN FULL FORCE AND EFFECT. DE LA CRUZ CONSTRUCTION INC. SIGNED, SEALED AND DATED October 27, 1994 BY: AMERICAN MOTORISZF�INSUaCE COMPANY BY:DAVID Z. NODD ATTORNEY IN'E PLEASE DIRECT ALL CORRESPONDENCE TO: LOU JONES & ASSOCIATES MANAGING GENERAL AGENTS 7470 NO. FIGUEROA ST. LOS ANGELES, CA 90041 213-257-8291 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 'State of CALIFORNIA County of LOS ANGELES OCT 2 7 1994 On before me,RIMERLY A- BADARACCO, A NOTARY PUBLIC , DATE NAME. TITLE OF OFFICER - E.G..'JANE DOE. NOTARY PUBLIC - personally appeared DAVID Z NODDLE ' NAME(S) OF SIGNER(S) EX 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 ac- knowledged 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 KIMBERLY A. BADARACCO : person(s) acted, executed the instrument. ~ COMM. #965838 NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY My Comm. Expires May 6, 1996 o ••oreat��e�meee OPTIONAL SIGNATURE OF NOTARY 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 TITLES) C PARTNER(S) ❑ LIMITED L GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITY(IES) AMERICAN MOTORISTS INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE _'C1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 • Canoaa ParK CA 913C9-7' 81 • narri x ®CUM=, Qanranec AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER. OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint David Z. Noddle of Los Angeles, California its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertak' exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLAR ($2,500,000.00)***t**}h* EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize then to execute on behalf of the Company, and attach the seal of the Company thersto,.bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and' certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: 0 ga4� 0 W. A. Grauzas, by AMERICAN MOTORISTS INSURANCE COMPANY J. S. Kemper, III, Exec. Vice President (OVER) ems' g2,33 0 H4 CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION HUNTINGTON SL4CH TO: THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETENTION PAYMENT t CC CI,1,S �e. LA CX L", DATE: Co '2 -1 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 10% retention payment is recommended.so long as no stop notices or outstanding invoices are on file with the City. 6 DAN T. VI LELLA, Director of Finance 1 certify that no stop notices are on file on the subject at this time. Date: LES I certify that no stop notices are on f guaranty bond has been filed. Date: -7 5_ CONNIE BROCKWAY, City Olerk I certify that there are no outstanding invoices on file. 3 Date: DON WATSON, City Treasurer 0011042.01 03/14/95 12:57 PM