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Home My WebLink AboutKBC Inc. dba Dynalectric - 2007-02-20City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Robert A. Martinez, Proje anager DATE: January 27, 2008 SUBJECT: Retention Release Payment Company Name: Dynalectric Address: 4462 Corporate Center Drive City, State and Zip Code: Los Alamitos, CA 90720-2539 Phone Number: (714) 828-7000 Business License Number: A 192224 / Contr. Lic # 550173 Local Address: Same as above Notice of Completion Date: January 17, 2008 Contract Purpose: Release of remaining 10% money to contractor from the various traffic modification projects CC# 1232, 1233 and 1234 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this time. :31z&g" Date Travis K. Hopkins, Public Works Director I certify that there are no outstanding invoices on file. 3 i.-Q Date ari Frbfdenrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. ,q iiQN_&A71" d ate Reten. Release Memo 3/27/2008 2:04:00 PM x RECEIVED BY- , (Name) J (Date) i CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating' CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: �',�Zr iLL:i4 DATE: T /% / SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No MSC No. Approved 11-�6 /a (Council Approval Date) (Company Name) Agenda Item No. City Clerk Vault No #27 g1followup/bondletter.doc MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, KDC INC. d/b/a DYNALECTRIC of 4462 Corporate Center Drive, Los Alamitos, CA 90720 as PrincipalS Travelers Casualty and Surety Company of America & ( ) Safeco Insurance Company of America Corporation TR - 343 Thornall Street, Edison, NJ 08837 having an office and place of business at SA - 1200 MacArthur Blvd., Mahwah, NJ 07430 as Surety, are hereby held firmly bound unto the City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648-2702 in the penal sum of One Hundred Ninety Three Thousand Three Hundred Eleven Dollars and 85/100 DOLLARS ($193,311.85 ), for the payment of which well and truly -to be made, we hereby jointly and severally bird our successors and assigns. SEALED with our seals and dated this 6th day of March,2008 WHEREAS, the above named Principal (s) entered into a contract on the 14th day of May, 2007 with CITY OF HUNTINGTON BEACH for Traffic Signal Modifications at Garfield St. & Warner Ave. - Gothard St. & Edinger Ave. and Edwards St. & Warner Ave. CC#'s 1232, 1233 & 1234 and has agreed therein to repair and make good any defects due to faulty worship or material which may appear within One year(s) from date of acceptance. NOW, TMUUDRE THE CONDITION OF ME OBLIGATION IS SUCH, that if the above named Principals) shall indemnify the against loss by.reason of its failure to repair and make good any defects ut ch may appear within one Year(s) from 01/17/2008 then this obligation :Mall be void; otherwise to remain in full force and effect. KDC INC. d/b/a DYNAL �ZR10� By WILLIAM B. DAVENPORT, SECRETARY rIi CFO Travelers Casualty and Surety Company of America Safeco Insurance Company of America BY a �. Rita S6gistano, Attorney in Fact Bond No, Bond No: 104932294 (Travelers) `^ O ATE AS T FORM 6481625-0001 (Safeco) itii�1T R !I A' i, C4/AU/m y WARNING: THIS POWER OF ATTORN�-Y IS INVALID WITHOUT THE RED BORDER TRAVELERS I� Y' POWER OF ATTORNEY RAVELERS " Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 219656 Certificate No. 002216849 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Thomas Bean, Rita Sagistano, Gerard S. Macholz, Susan Lupski, Robert T. Pearson, Mary Alice J. Corbett, and Camille Maitland of the City of Garden City , State of New York , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 18th IN WITNF�eS$ WHEREOF, the Comp Piave caused this instrument,to'be signed and their=corporate seals to be hereto affixed, this day of ruary a , Farmington Casualty Company' St. Paul Guardian Insurance Company Fidelity and Guaranty InsuranceCompany St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company GI.SU,� 1Y $twEry F\RE 6'�� 11 �.N CMS 't INSU pTY ANO 51I1i �V jII_ (T Jy yy.� ♦ ........G P ...... A `•.. J � s 11a.,, tTY Fy "vJ OS (1 �HC'OHPDRAtED� YL 5�,. ms �r.LOR FwR��F.m� iWrCORPORgl(;. ^ 9a ,�. Fi4R1f0 t �NCpiq�fD Z y "' ; 197% 1951 m 1927 =4 mot.SEAL. \\ j £ 1896 's b •. ........... •(S, �"�s�Fn Nc�,. r`S.,.Aµ;�L�r >...� 'y y "6t •w v9Ns �'��'I AN�" State of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President 18th February 2008 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,Te1 t� In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011.6�ej ttr Marie C. Tetreault, Notary Public 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID THE RED BORDER ING: THIS POWER OF ATl RNEY 1?51NVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney; executed by_ said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the -seals of said Companies this 6th day of March 20 08 . Kori M. Johans Assistant Secretary •m............ �r�... t ITN INSG ..,++ iNsuq'•... P Tv ANO �� SUA TY pr,su,�� _oD2�1Y _QpSWiE7 �,o•.n �a JL `pPhWgJC d" y� J L "°. 'IP �/s� m` ! �i�O .., �� • m i i er�00.PORg7-f; , o, z w � �/ ` ; W I a 1977 1927 s —._ w HARTFORD, FtAATFOR0.1 "sEn CONN.CONN. �i+£ in,�p ALfO� -?'•. SEAL:'D'ofi `� s � '`•sue �1a4 3M y . AN d * �OF NEN� '�sLRq,�C urm1`��..A.Nv'�j 61g......... *aLf 64,1 NJD e �.1 •.... v�� "'// AiN To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER State of New York County of Nassau On March 6, 2008 before me, Mary Alice J. Corbett, Notary Public, personally appeared Rita Sagistano, Attorney -in -Fact for Travelers Casualty and Surety Company of America personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. MA LICE J. CORBE _ Notary u lic, State of New York No. 01 CO6020162 Qualified in Nassau County Commission Expires 02/22�Ut i I TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD. CONNECTICUT 06183 FINANCIAL STATEMENT AS OF DECEMBER 31, 2006 CAPITAL STOCK $ 6,000,000 CASH & INVESTED CASH $ 114,080.791 UNEARNED PREMIUMS $ 724,800,436 BONDS 2,012,711,671 LOSSES 872,911,753 STOCK 14,865,186 LOSS ADJUSTMENT EXPENSES 128,786,164 INVESTMENT INCOME DUE AND ACCRUED 34,978,331 COMMISSIONS 28,073,026 PREMIUM BALANCES 166,167,298 TAXES. LICENSES AND FEES 21,233,762 REINSURANCE RECOVERABLE 3,954,977 OTHER EXPENSES 30,823,925 NET DEFERRED TAX ASSET 42.796,290 DIVIDENDS 7,080,280 CEDED DEPOSIT ASSET 0,134.622 CURRENT FEDERAL AND FOREIGN INCOME TAXES 38,726,832 STATE SURCHARGES RECEIVABLE 149,430 CEDED REINSURANCE NET PREMIUMS PAYABLE (4,981,682) OTHER ASSETS (4,414,060) FUNDS HELD UNDER REINSURANCE TREATIES 09,064,332 AMOUNTS WITHHELD I RETAINED BY COMPANY FOR OTHERS 39,096,839 REMITTANCES AND ITEMS NOT ALLOCATED 60,285,233 PROVISION FOR REINSURANCE 5,627;014 PAYABLE TO PARENT, SUBSIDIARIES & AFFILIATES 86,256,776 PAYABLE FOR SECURITIES 4,975,100 RETROACTIVE REINSURANCE RESERVE ASSUMED 20,845,771 OTHER ACCRUED EXPENSES AND LIABILITIES 119,334 TOTAL LIABILITIES $ 2.163,613,785 CAPITAL STOCK $ 6,000,000 PAID IN SURPLUS 303,297.402 OTHER SURPLUS 818,603,349 TOTAL SURPLUS TO POLICYHOLDERS $ 1,127t900,751 TOTAL ASSETS $ 3,291.414,536 TOTAL LIABILITIES & SURPLUS $ 3,291.414,636 STATE OF CONNECTICUT ) COUNTY OF HARTFORD )SS. CITY OF HARTFORD ) LAWRENCE A. SIUTA, BEING DULY SWORN, SAYS THAT HE IS CHIEF FINANCIAL OFFICER - TRAVELERS BOND & FINANCIAL PRODUCTS, OF TRAVELERS CASUALTY SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 31st DAY OF DECEMBER, 2006. SUBSCRIBED AND SWORN TO BEFORE ME THIS 29TH DAY OF MARCH, 2007 Anna P. Nowik Notary Public My Commission Expires June 30, 2011 NOTARY V48Jn �Quswve o'�` POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 13188 Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each Washington corporation, does each hereby appoint ********RICHARD G. AVERY, THOMAS BEAN; KAREN BOWLING; MARY ALICEJ. CORBETT, PETER F.JONES; SUSAN LUPSKI; GERARD S. MACHOLZ; CAMILLE MAITLAND; DIANA L. PARKER; ROBERT T. PEARSON; RITA SAGISTANO; Garden City, New York; KATHLEEN M. CRISTIANO; JOSEPH DOBKOWSKi, JR.; ADRIANNE SCALER& Clark, New Jersey; RUSSELL M. CANTERBURY, JOANN DOMBROWSKI; MARION R. VAIL; Farmington, Connecticut**************************************** its true and lawful attorney(syin-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 12th day of February 2008 STEPHANIE DALEY-WATSON SECRETARY TIM MIKOLAJEWSKt SENIOR VICE-PRESIDENT SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed 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, (t) The provisions of Artice V, Section 13 of the By -Laws, and A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson 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 Attomey 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, 1 have hereunto set my hand and affixed the facsimile seal of said corporation S-0974/DS 4/05 this 6th day of March 1 2008 X J�a STEPHANIE DALEY-WATSON, SECRETARY ��ofWa� Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF Ndlg L�4 E AC NVOWLEUDGMIEI' ai a- p State of New York County of Nassau On March f, 2008 before me, Mary Alice J. Corbett, Notary Public, personally appeared Rita Sagistano, Attorney -in -Fact for Safeco Insurance Company of America personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. A. 6-Jzt6 s+n � lcE.�.c'i3B�� 4�otary u ic, State of New No. 01 CO6020162 Qualified in Nassau Countyr Commission Expires 02122 r r SAFECO INSURANCE COMPANY OFAMERICA FINANCIAL STATEMENT — DECEMBER 31, 2006 Assets Cash and Bank Deposits ........................................ $ 86,659,875 *Bonds —U.S Government...........................................134,111,814 *Other Bonds........................................................... 2,821,326,707 *Stocks.................................................................... 523,881,548 RealEstate..................................................................... 0 Agents' Balances or Uncollected Premiums .................626,775,902 Accrued Interest and Rents .................................... 40,188,467 Other Admitted Assets ........................................... 289,094,036 Total Admitted Assets ................................... 4 5 0 i8 i4 Liabilities Unearned Premiums .............................................. $ 706,885,899 Reserve for Claims and Claims Expense...................1,563,240,516 Funds Held Under Reinsurance Treaties ............... 139,204 Reserve for Dividends to Policyholders ......................... 2,116,676 Additional Statutory Reserve ................................ _ Reserve for Cormnissions, Taxes and Other Liabilities ........................................... 1,094,254,631 Total........................................................... $3,366,636,926 Special Surplus Funds...... $ (504,853) Capital Stock ................................ 5,000,000 Paid in Surplus................................260,561,321 Unassigned Surplus ................... 890,344.955 Surplus to Policyholders .......................... 1,155,401,423 Total Liabilities and Surplus .............................. 5 .0T8 4 nSEAL * Bonds are stated at amortized or investment value; Stocks at Association Market Values. Securities carried at $124,431,457 are deposited as required by law. arr� I951 � wAst6� I, TIM MIKOLAJEWSKI, Senior Vice -President of SAFECO Insurance Company of America, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2006, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 1st day of March, 2007. w _1J d �`� "��• 1 t r r �3 r 4 Senior Vice -President S-1262a 3107 ®A registered trademark of SAFECO Corporation 'CONSENT OF SURETY TO REDUCTION ON OR PARTIAL RELEASE OF RETAINAGIE ALA Document G7©7A Bond No: 104932294 (Travelers) (Instructions on reverse side) 6481625 (Safeco) TO OWNER: (Name and address] City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648-2702 PROJECT: (Name and address) Traffic Signal Modifications at Garfield St. & Warner Ave. - Gothard St. & Edinger Ave. and Edwards St. & Warner Ave. CC#'s 1232, 1233 & 1234 OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ SURETY ❑ OTHER ❑ ARCHITECT'S PROJECT NO.: Traffic Signal Modifications at Garfield St. & Warner CONTRACT FOR: Ave. - Gothard St. & Edinger Ave. and Edwards St. & Warner Ave. CC#'s 1232, 1233 & 1234 CONTRACT DATED: May 14, 2007 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (bunt name and oddness of5urm4) Travelers Casualty and Surety Company of America & Safeco Insurance Company of America 343 Thornall Street, 5th Fi. 1200 MacArthur Blvd., 3rd Fl. Edison, NJ 08837 Mahwah, NJ 07430 on bond of nnwrr natne and address ofcontractor) KDC INC. d/b/a DYNALECTRIC 4462 Corporate Center Drive Los Alamitos, CA 90720 hereby approves the reduction in or partial release of retainage to the Contractor as follows: Release retention funds of $19,331.19 , SURETY, , CONTRACTOR, The Surety agrees that such reduction .in or partial release of retainage to the Contractor shall not relieve the Surety of any of its obligations to (Insert name and address ofOumer) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648-2702 OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: January 14th, 2008 (fnsen to writing the montbfollowed by the numeric date and year.) Travelers Casualty and Surety Company of America Safeco Insurance Company of America (SUM09 (Signature ofauftri 6d rep—nta0r) Attest: /,7 /� / (Seal):C...i.�-r�i �7J� Rita Sagistano, Attorney -in -Fact (Printed name and tide) AIA DOCUMENT GMA • CONSENT OF SURETY TO REDUCTION IN OR PARTIA,. RELEASE OF RErAINAGE • 1994 EDITION • ^AIA • (01994 • THE AMMUCAN INSTrrm OF ARCHrITCrS, 1735 NEW YORKAVENUE, NW, WASHINGTON, D.C. 20OD6-5292 • WARNING: Unkensed photocopying violates U-11L copyright laws and vAR subject the violator ht leW prosecution. G707A-1994 N® 6516 r y STlITL oF CALIFORNu DEPARTMENT OF INSURANCE ' SAN FUvCISC® Amended Certificate of Authority Ttus Is To CttaTntr. That, pgroant to the Insurance Code of the State of California, Travelers Casua:lty_and:,Surety Company of America of Hartford, Connecticut , organized under the laws of Connecticut , subject to its A,rttoles of Incorporation or other fundamental organtrwtional documents, is hereby authorized to transact u*hin this State, subject to all provisions of this Certifoate, the following classes of insurance. Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability., Boiler.and Machinery, Burglary, Credit, Sprinkler,' Team and Vehicle, Automobile, Aircraft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. T= Omnncwn is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of Cali fgrnia as long as such laws or requirements are in effect and applicable, and as such laws and -requirements new are, or may hereafter be changed or amended. iN WrrNxsss WxmEor, effective as of the__....1.&t _.__....day Of._ Jul , ia-iL, I have hereunto set my hand and caused my official seal to be afted this.. LWk_.., By IPU�iU Z. of State must be accompllOhed as required"-Califeznia Cdti promptly after issuance of this Certificate of Authority. Failure to do to will be a violation of Ins. and will be'smunds for revoldng this Certificate of Authority pursuant to the covenants made in therefor and the conditions contained herein. Code ., 701 97 93"1 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER e TRAVELERS OF ATTORNEY tl RAV ELERS Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 218627 Certificate No. 002035890 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Richard G. Avery, Karen C. Bowling, Thomas Bean, Rita Sagistano, Gerard S. Macholz, Susan Lupski, Robert T. Pearson, Mary Alice J. Corbett, Camille Maitland, Peter F. Jones, and Diana L. Parker of the City of Garden City , State of New York , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by taw. 9th IN WITN% WHEREOF. the Comp2067. have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty' Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company prsu,, iYty� Y a"toftE 4,1,,,,., = s •\ .�'1 N"�.•., � SUfiEj � N_.�N.G..S R'...., PITY ANp QMw�xi �' p r oivacq�f t 'Tie OR POR > ' O pPP q1� L O 4 G � �4 'P'• {/�QC. •1>' •i � Q.' i 1982� O '� 1.9%% INCQ4PpRgTED ��' �927 Yt s; m_ 1� � em5 iw: �OPPORArf',mt S L r 1951 sr �.,SEALio'�' SEL'3 CONN. o gp,�5�t CONM. A.�R NO b c�^' L > q # _ttic' '"�,,:�, �c ` a,'•. - A J ' s'•., . ... .......rNa a 1•'w_ 1 .,{ 'sy< ,� r ��.�—,Illy �tYIAtN State of Connecticut City of Hartford ss. 13y: Gcrng Thompson. enior ice President 9th May 2007 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insuance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. '0il6Uo Marie C. Teueault, Notary Public � 58440-5-07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER a , This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman,- the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety. Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power _of Attorney executed by_said'Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 14 th day of January 20 08 TKoriJohans Assistant Secretary ��su� " TY _apSUHEr w1,a",,,,,, 'e S ",.'`,, rt o sun° Tr @ti'F1PE bn N IN 1NS TV AN `K' ? �TL y-�ouPa+ •, i O� G9 JQ .. ...... �''9 yJ s ,yam... tJyC �pF� 'WO �P G'� 3� � ,�F ' b" ci tllCOppgt4TED �y m` lam( �. F'm� iwipORPORAff`.�"`: m �, .3 Q �RD ¢ RARTFORD, � eFi4RTf6l�'S 1896 z 1977 W 'a 1951 m = ;�`•SEAL•'o �,+, CONN. n�coNN. NO< SEAL!3� ;, o o ........ `s! e�ai �r 1 To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. R OF ATTORNEY IS INVALID WITHOUT THE RED BORDER State of New York County of Nassau On January 14, 2008 before me, !Mary Alice J. Corbett, Notary Public, personally appeared Rita Sagistano, Attorney -in -Fact for Travelers Casualty and Surety Company of America personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ;!N.. �7t J, code NoState of New York 1GO60201s2 Qualified in Nassau County Commission Expires 02/22, UD/ � TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 00183 FINANCIAL STATEMENT AS OF DECEMBER 31. 2006 CAPITAL STOCK $ 6.000,000 CASH & INVESTED CASH $ 114,080,791 UNEARNED PREMIUMS $ 724,600,436 BONDS 2,012,711,671 LOSSES 872,911,753 STOCK 14,865,186 LOSS ADJUSTMENT EXPENSES 128.786.154 INVESTMENT INCOME DUE AND ACCRUED 34,978,331 COMMISSIONS 26,073,926 PREMIUM BALANCES 166,157.208 TAXES, LICENSES AND FEES 21,233,762 REINSURANCE RECOVERABLE 3,964,977 OTHER EXPENSES 30,823,925 NET DEFERRED TAX ASSET 42,796,290 DIVIDENDS 7,08%280 CEDED DEPOSIT ASSET 6,134,622 CURRENT FEDERAL AND FOREIGN INCOME TAXES 38,726,832 STATE SURCHARGES RECEIVABLE 149A30 CEDED REINSURANCE NET PREMIUMS PAYABLE (4,981,882) OTHER ASSETS (4,414.060) FUNDS HELD UNDER REINSURANCE TREATIES 99.054.332 AMOUNTS WITHHELD / RETAINED BY COMPANY FOR OTHERS 39,095,839 REMITTANCES AND ITEMS NOT ALLOCATED 60,285,233 PROVISION FOR REINSURANCE 5,627,014 PAYABLE TO PARENT, SUBSIDIARIES & AFFILIATES 86,256.776 PAYABLE FOR SECURITIES 4,976,100 RETROACTIVE REINSURANCE RESERVE ASSUMED 20,845,771 OTHER ACCRUED EXPENSES AND LIABILITIES 119,334 TOTAL LIABILITIES $ 2,163,513.785 CAPITALSTOCK $ 6,000,000 PAID IN SURPLUS 303,297.402 OTHER SURPLUS 818,603,349 TOTAL SURPLUS TO POLICYHOLDERS $ 1,127,900,751 TOTAL. ASSETS $ 3,291.414,536 TOTAL LIABILITIES & SURPLUS $ 3,291.414,636 STATE OF CON.NECTICUT COUNTY OF HARTFORD )SS. CITY OF HARTFORD I LAWRENCE A. SIUTA, BEING DULY SWORN, SAYS THAT HE IS CHIEF FINANCIAL OFFICER - TRAVELERS BOND & FINANCIAL PRODUCTS, OF TRAVELERS CASUALTY SURETY COMPANY OF AMERICA. AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 31st DAY OF DECEMBER, 2006. SUBSCRIBED AND SWORN TO BEFORE ME THIS 29TH DAY OF MARCH, 2007 Anna P. Nowik Notary Public My Commission Expires June 30, 2011 NOTARY -Clt - NOD 1C 10 003 • 1 - - ri o STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO AMENDER Certificate of Authority IN9 3865 Tars Is To CLmTrFx, That. pursuant to the insurance Code of the State of California, SAFECO INSURANCE COMPANY OF AMERICA of SEATTZE, WASHINGTON , organized under the ti laws Of , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: FIRE, MARINE, SURETY, PLATE GLASS, LIABILITY, WORKERS' COMPENSATION, COMMON CARRIER LIABILITY, BOILER AND MACHINERY., BURGLARY,. CREDIT, SPRINKLER, TEAM AND VEHICLE, AUTOMOBILE,. AIRCRAFT and MISCELLANEOUS as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. Tms CEu icnTs is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. lu Wixrress Wr, or, effective as of the._-__2-411L...-.-.,_day of-. Ja.nuasc , 197-9--, I have hereunto set + - my hand and caused my official seal to be affixed this ..----- 4tb- day of. .._--Sazaua y _._----,19-44- WESLEY J. KINDER By JO4'A;ER Qualification with the Seexetary of State must be accomplished as required by the Califorata Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Ins. Code Sec. 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. FORM Ca-, /~•��~�� 419T 0" 6.74 zoo wir m 08r Safeco.. KNOW ALL BY THESE PRESENTS: Safeco Insurance Company of America POWER General Insurance Company of America Safeco Plaza OF ATTORNEY Seattle, WA 98185 No. 13188 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint **—RICHARD G. AVERY;THOMAS BEAN; KAREN BOWLING; MARY ALICE J. CORBETT; PETER F. JONES; SUSAN LUPSKI; GERARD S. MACHOLZ; CAMILLE MAITLAND; DIANA L PARKER; ROBERTT. PEARSON; RITA SAGISTANO; Garden City, New York; KATHLEEN M. CRISTIANO; JOSEPH DOBKOWSKI,JR.; ADRIANNE SCALERA; Clark, Newlersey; RUSSELL M. CANTERBURY; JOANN DOMBROWSKI; Farmington, Connecticut****"*"*"'"*" ***�.««.»...w. +..•■■.».■►F** 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 7th day of January 1 2008 STEPHANIE DALEY-WATSON SECRETARY TIM MIKOLAJEWSKI SENIOR VICE-PRESIDENT SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-ofattomey 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, Stephanie Daley -Watson 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-097410S 4105 this 14th day of January . 2008 14PAA44; J151_111`1� STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF State of New York County of Nassau On January 14, 2008 before me, Mary Alice J. Corbett, Notary Public, personally appeared Rita Sagistano, Attorney -in -Fact for Safeco Insurance Company of America personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ®vaT s+uc;E J. CORB Mots biicState of New olk .O1C06020162 Qed in Nassau Cotmt►r COmmission Expires 02/22rjQW f / mSAFECO INSURANCE COMPANY OFAMERICA FINANCIAL STATEMENT — DECENMR 31, 2006 Assets Cash and Bank Deposits ........................................ $ 86,659,875 *Bonds — U.S Government...........................................134,111,814 *Other Bonds........................................................... 2,821,326,707 *Stocks.................................................................... 523,881,548 RealEstate..................................................................... 0 Agents' Balances or Uncollected Premiums ................. 626,775,902 Accrued Interest and Rents .................................... 40,188,467 Other Admitted Assets ........................................... 289,094,036 Total Admitted Assets ................................... Liabilities Unearned Premiums .............................................. $ 706,885,899 Reserve for Claims and Claims Expense...................1,563,240,516 Funds Held Under Reinsurance Treaties ............... 139,204 Reserve for Dividends to Policyholders ......................... 2,116,676 Additional Statutory Reserve ................................ _ Reserve for Commissions, Taxes and Other Liabilities ........................................... L094254,631 Total........................................................... $3,366,636,926 Special Surplus Funds...... $ (504,853) Capital Stock ................................ 5,000,000 Paid in Surplus................................260,561,321 Unassigned Surplus ................... 890,344,955 Surplus to Policyholders .......................... _ 1,155,401,423 Total Liabilities and Surplus .............................. Q4.522,038,349 * Bonds are stated at amortized or investment value; Stocks at Association Market Values. Securities carried at $124,431,457 are deposited as required by law. I, TIM MIKOLAJEWSKI, Senior Vice -President of SAFECO Insurance Company of America, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2006, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 1st day of March, 2007. Senior Vice -President S-1262a 107 ®A registered trademark of SAFECO Corporation CONTRACTOR'S CERTIFICATE I WILLIAM D. DAVENPORT, CFO , state and certify that: (Name of Declarant) I Dvnr l,-- rlc is the general contractor to the City of Huntington Beach ("City") on Contract No. CC_-# /a1�,a (the "Contract") for the �cfo�nstruction of the publicworkwork of improvement entitled: i `TiraT'T'i c- L Ar, I I OC�� tl r ��% 7 Y1 C o,'�' a�ifTi e,1 sjce G 1,J,r'ne-r Aye-nve— (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): /JorJC 4. Attached hereto are the lien waivers required by the Contract Documents,' which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to r._.., n� �' FL.., OLat.o nF (^'�li fnrn�a (lict all l�is.11ted Withhold filed pursuant to the Civil ,ode of he Q+a+e -L 0, 1; ,�� r____ claims; if none, write "NONE"): �otjE I declare under penalty of perjury under the laws of the State of Calif, 'a that the foregoing is true and correct. Executed at Los Aiawlitos , CA on this ay of 20 0$ . gnature of Declarant) WILLIAM D. DAVENPORT, CFO APPROVED AS TO FORM By: sj1-7bo Name: [Type Name] Title: [Type Title] 1 245914.1 CONTRACTOR'S CERTIFICATE I, Vk1ILLIAM B. DAVENPORT, CFO , state and certify that: (Name of Declarant) 1. OV„Ale�,'G is the general contractor to the City of Huntington Beach ("City") on Contract No. /a3'7 (the "Contract") for the construction of the public work of improvement entitled: Tro.%4ic. cn,4 (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 0ONF 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to r____l Cod c he ' t to f Calif rnia (list all disputed Withhold filed pursuant to the �.>vii ��u� o� t�� a�., o� .,u�.�o��.... ,��..r_te claims; if none, write "NONE"): 5010 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Lo S J�-t awl i I k s. , (, A on this 0 day 9f"' JG►i L46L i , 20 0 t APPROVED AS TO FORM By: SI l -7/6 Name: [Type Name] Title: [Type Title] Signatttr'e of Declarant) WILLIAM B. DAVENPORT, CFO 1 245914.1 CONTRACTOR'S CERTIFICATE I WILLIAM B. DAVFNPOPHT, CFO state and certify that: (Name of Declarant) 1. (fir is the general contractor to the City of Huri ington Beach ("City") on Contract No. CC:xt19 , I (the "Contract") for the construction of the public work of improvement entitled: TsacF£r ,an�.1 0a�U-P,'cz-f,'v>7 cad �"�C,,,. .� c SI�e - L✓ar-n�r Awe nv�, (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): �DriE 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): >e I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at LOS Muwo1 bs , (A APPROVED AS TO FORM on this °j day of%J(Avtua t�4 , 20 o Q By: 4!2,� s/l-)/a —ilJ 3 Zo o� Name: [Type Name] Title: [Type Title] 1 5igna4�e`of Declarant) WILLIAM D. DAVENPORT, CFO 245914.1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: GG -' /�2's a Project: %rocs �;o,, I 4ve-n v e— The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this -7 ,Li day of 'ZS_cLwqr�q , 20 ,, at Las �q California. KDC INC. dba DYNALECTRIC (Type Contractor Name) By: 'RIDOVED AS Name: [Type Name] �l Title: [Type Title] JIT A. R . ,; c ANEX i� 1 245911.1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: -C /'a 3 The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 7 day of Japma.r� , 2(1D�, at �-©s ��5 , California. KDC INC. dbcl DYNALECTRIC (Type Contractor Name) By: Name: [Type Name] c�iR�' Title: [Type Title] 1r�' t2 �` fr 1 01 RNE�' 11.� 3-?Y6-CP 1 245911.1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: CC, # l a 3 Ll The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Z Executed this -7 day of 3-Ii,4ya ram_, 20,n ' , at Los (4(4ae,t5 , California. KDC INC. dba DY1ti7.Al.ECTRIC" (Type Contractor Name) By: _ Name: Title: 1L) 3--,�6-op 245911.1 1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: CC_ # /a32 Project: T,�,fF� S,;c5na� _fy1v�,Q� ,�"'and (ALm,u- Aveni e The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of a,nvG ram, , 20oR , at Leas A �4hA,-�, S , California. KDC INC. dba DYNALECTRIC (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] A� _P-: 11G(c RA tf CITY ATTOitNEY -717' 03-at • 01P 1 247542.1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: CC I:p /�2 !s S The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this i day of JCLnvor� , 20b?-, at Los A 1ctk4, i-oS , California. !(DC INC, dba DYNALECTRIC (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] A T " 1, �/(cF�A �f � CITY ATTORNEY -T1' 03. at - Litp 247542.1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: cc., -11, /a Sy Project: 7�.:F-iG C cx4 EAmc n c Sf-ren - I L.✓arnew- Ave nvp— The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this -7 IL day of J 44ocLr�) , 20 7, at Los 4(,Aat California. KDC INC. dba DYNALECTRIC (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] EARr'MRNYY `TS o3 • cab I �o 247542.1 PLEASE COMPLETE THIS INFORMATION REE-LORDING REQUESTED BY: AND WHEN RECORDED, -MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 Recorded in official Records, Orange County Tom Daly, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE 200800020888810:41 am 05/02108 111 45 N12 2 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Z-�9- -I THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: NOTICE OF COMPLETION Due to a typographical error in street names, the incorrect name of "Garfield 2� Street" has been changed to the correct street name of "Gothard Street". THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 00.059-TITLE PAGE (R7/95) This Document v---s electronically recorded by L-. , Cert Mail F PLEASE COMPLETE THIS INFORMATION / RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 11111111111111111111111111111111111111111111111111111111111111111 NO FEE 2008000025995 10:00am 01/17/08 213 91 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TITLE'OF DOCUMENT: NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to KDC Inc. dba Dynalectric who was the company thereon for doing the following work to -wit: - - - --- Various Traffic Signal Modifications at Street & Warner Avenue; CC# 1232, Gothard Street & Edinger Avenue; CC#1233, and Edwards Street & Warner Avenue; CC# 1234 That said work was completed December 21, 2007 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on December 21, 2007, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Travelers Casualty and Surety_Co._of America 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 January 14, 2008. it 'tor of Public Works or City Engineer .4, y of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this January 14, 2008. 7/ Dip6tor of Public Works or City Engineer ity of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 0O nrO.TITI G PAAP !R7/-") This Document v--s electronically recorded by PLEASE COMPLETE THIS INFORMATION Cert Mail F RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 - 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT: Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder NO FEE 2008000025995 10:00am 01 /17/08 213 91 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to KDC Inc. dba Dynalectric who was the company thereon for doing the following work to -wit: _ 0��unl Givt-� �oa�nT M ^�t� s /a 60 7WAAZ 7-0 su ,sM aT Fo 0q hC-a Various Traffic Signal Modifications a Garfield treet & Warner Avenue; CC# 1232, Gothard Street & Edinger Avenue; CC#1233, and Edwards Stree Warner Avenue; CC# 1234 That said work was completed December 21, 2007 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on December 21, 2007, per City Council Resolution No. 2003-70 adopted October 6, 2001 That upon said contract Travelers Casualty and Surety Co. of America 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 January 14 STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach ) 2008. Ir for of Public Works or City Engineer I y of Huntington Beach, California G I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this January 14, 2008. 14 Dir for of Public Works or City Engineer Ity of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 001.059-TITLE PAGE (R7/95) RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION Vu TO: Shari reidenrich, City Treasurer / FROM: '�`._LCyI /< -► �%7�yC� DATE: SUBJECT: Bond Acceptance I have received the bonds for _AIA J / If =l (Company a e / Faithful Performance Bond No. fig 4— l /, A -5— / •�� Labor and Material Bond No. Monument Bond No. Maintenance Bond No. 6 9W ev � -5-- e�,J;q ) Re: Tract No. CC No. 3 AA 31 MSC No. i Approved r"),- Q + Agenda Item No. (Council Approval Date) City Clerk Vault No. 104 `sys �&;a /Z—4�� #27 g:/followup/bondletter doc FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND I N� A Iza PYN� ��C'fzl G _. FOR `��filG S{��-.Mop►�lc�T_IONS��T =�I�t� sT: � TABLE OF CONTENTS Page No. I. STATE OF WORK; ACCEPTANCE OF RISK 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 6� 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 8 13. VARIATIONS IN ESTIMATED QUANTITIES 9 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 10 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 11 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 11 19. WORKERS' COMPENSATION INSURANCE AND EMPLOYER'S LIABILITY INSURANCE 12 20. INSURANCE 12. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS 13 22. NOTICE OF THIRD PARTY CLAIM 14 23. DEFAULT & TERMINATION 14 24. TERMINATION FOR CONVENIENCE 14 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 15 26. NON -ASSIGNABILITY 15 27. CITY EMPLOYEES AND OFFICIALS 15 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 15 29. NOTICES 16 30. SECTION HEADINGS 16 31. IMMIGRATION 16 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 17 FEDERALLY FUNDED CONSTRUCTION CONTRACT TABLE OF CONTENTS, continued Page No. 33. ATTORNEY'S FEES 34. INTERPRETATION OF THIS AGREEMENT 35. GOVERNING LAW 36. DUPLICATE ORIGINAL 37. CONSENT 38. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT 39. CALIFORNIA PREVAILING WAGE LAW 40. CALIFORNIA EIGHT -HOUR LAW 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 42. EMPLOYMENT OF APPRENTICES 43. PAYROLL RECORDS 44. FEDERAL PARTICIPATION 45. DAVIS-BACON ACT 46. DISCRIMINATION, MINORITIES, ALIENS 47. EQUAL EMPLOYMENT OPPORTUNITY 48. COPELAND "ANTI -KICKBACK" ACT 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 50. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 51. ENERGY CONSERVATION 52. HOUSING AND URBAN DEVELOPMENT 53. ENTIRETY 17 17 18 18 18 18 19 20 20 20 21 21 21 21 22 23 23 24 24 24 Pa FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND t�'DG INC-- -.ka.- G s1�NP�-- ►�taPl FtFG -f l DTI )"--T THIS AGREEMENT ("Agreement") made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and �QG ING . dam, a "n ON hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as —FF7&'M G 4'I6HN1M&V1 F 6N AT '"PROJECT," more fully described as � 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 complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited agree/citywide/revisions/federal 8-05 1 to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern agree/citywide/revisions/federal 8-05 2 California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed _}tea bpi �4l �.1171P Dollars ($ �1 �� • �), as set forth in the Contract Documents, to be paid as provided in this Agreement. agree/citywide/revisions/federal 8-05 3 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within WOF-HT46 ("�D) eanseeutiv 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. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any agree/citywide/revisions/federal 8-05 4 changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the Agreement price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the Agreement price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the Agreement price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final Agreement price, including all change orders, to warrant such performance agree/citywide/revisions/federal 8-05 5 for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working 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 F1y1; V -k4t-IPF-P�p Dollars ($ 56Z�'• dt) ) per day for each and every working day's delay in completing the work in excess of the number of working days agree/citywide/revisions/federal 8-05 6 set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. agree/citywide/revisions/federal 8-05 7 No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITION A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of. (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/citywide/revisions/federal 8-05 8 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of Agreement items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, agree/citywide/revisions/federal 8-05 9 if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the Agreement price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. agree/citywide/revisions/federal 8-05 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURAN Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall agree/citywide/revisions/federal 8-05 11 furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; agree/citywide/revisions/federal 8-05 12 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD -PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has agree/citywide/revisions/federal 8-05 13 been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days' written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/z %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. agree/citywide/revisions/federal 8-05 14 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: agree/citywide/revisions/federal 8-05 15 TO CITY: City of Huntington Beach A -T-N-: � T /� M77-TIN 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: ' M i The titles, captions, section, paragraph, and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. agree/citywide/revisions/federal 8-05 16 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees and the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date agree/citywide/revisions/federal 8-05 17 of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 39. CALIFORNIA PREVAILING WAGE LAW. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each agree/citywide/revisions/federal 8-05 18 worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 40. CALIFORNIA EIGHT -HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars (S25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 41. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. agree/citywide/revisions/federal 8-05 19 42. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 43. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 44. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several Agreement provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 45. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC Section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply agree/citywide/revisions/federal 8-05 20 with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 46. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 47. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. agree/citywide/revisions/federal 8-05 21 To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 48. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 49. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. agree/citywide/revisions/federal 8-05 22 50. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. A. CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of Agreement award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. B. The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. C. The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. D. The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 51. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq.). agree/citywide/revisions/federal 8-05 23 52. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 53. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. No waiver or modification of this Agreement shall be valid unless in writing duly executed by both parties. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on �C—,t3/gu,44 ,Y o?A 200-7-. agree/citywide/revisions/federal 8-05 24 CONTRACTOR KDC I By: v Z-WRIS PESAVENTO, CEO print name ITS I'M CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California s M' yor Q**0*J ity Clerk F 510-db Or APPRO ED AS TO FORM: q- w�' City Attorney NJ 3 i b-1 WILLIAM B. DAVENPORT, CFO I I D AIMP APPROVED: print name rj . r� ITS: (circle on Secretary/Chief Financial Officer sst. Secretary -Treasurer /!/ (/Director of Public Works REVIEWED AND APPROVED: C4 Administrator agree/citywide/revisions/federal 8-05 25 jEXvAl/ 451 "I'q SECTION C PROPOSAL for the Traffic Signal Modifications at Gothard Street & Warner Avenue, Gothard Street & Edinger Avenue and Edwards Street & Warner Avenue FEDERAL NOS. STPLHG-5181 (151), STPLHG-5181 (152) & STPLHG-5181 (153) CASH CONTRACT Nos. 1232, 1233 & 1234 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach., The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the ctate 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. A 1004 Accompanying this proposal of bid, find C,t D boK)3 in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder- shall signify receipt of all Addenda here, if any: Addenda No. Date Received 1,T ids iryna j- 3-anucA(%4 51t, 2ODr1 ,. C-Z City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Traffic Signal Modifcations at Gothard Street & Warner Avenue, Gothard Street & Edinger Avenue and Edwards Street & Warner Avenue FEDERAL NOS. STPLHG-5181 (151), STPLHG-5181 (152) & STPLHG-5181 (153) CC Nos. 1232, 1233 & 1234 January 5, 2007 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: The Federal Labor Rates contained in Appendix I of the specifications for the: Traffic Signal Modifcations at Gothard Street & Warner Avenue, Gothard Street & Edinger Avenue and Edwards Street & Warner Avenue shall be replaced with the following attached documents: 1) FEDERAL LABOR RATES DATED DECEMBER 29, 2006 The Federal Labor Rates dated DECEMBER 29, 2006 shall be the labor rates in effect for the subject project. This is to acknowledge receipt and review of Addendum Number One, date0anuary 5, 2007. KDC INC. dba DYNALECTRIC Company Name By Samxcar u 1 a. oy � Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. PORT, CFO Should you have any questions regarding this Addendum, please call William Janusz at (714) 536-5431. Section C PROJECT BID SCHEDULE CASH CONTRACT Nos. 1232, 1233 & 1234 PROJECT BID: TOTAL AMOUNT LUMP SUM BID IN FIGURES: TOTAL AMOUNT LUMP SUM BID IN WORDS: Ott �v�o 6Lr�p �� t�� 5��—cv-R-�vv5 PLO �•2 C-3 PROJECT BID SCHEDULE Estimated: terry No. Quantity: Item:With Tfriit Prke:INntten in Words Unit Price Extended. Amount Traffic Signal at Gothard Street and CC-1232 Warner Avenue 1 1 LS Mobilization C�"CWuT��NJStl�7 ¢t�i'C �4h(iJ�cs9 $Z,Soo _ $ ZSOo Per LS 2. 1 LS Traffic Control @ ON(--- - V<�V u S �� R��+ � _ $ I , OCX� $ I UCaO Z 6=" Per LS 3 1 LS Construction Survey dokl d- $ Sc�o $ SC)6 Per LS 4 1 LS Monument Preservation @ -� q -c- kAAN&A_'a c�al�,✓� •� $Soo $ Soo -Z_je&_0 Per LS 1 LS Modify Traffic Signal at Gothard St and Warner Ave. a e r��.., FILL oasrcrn 2� MV0 $ Z4, bS 3 $ 2`f. EjS .3 cko M" ..- IIA0 Cg_c\-t5 . Per L Subtotal - Traffic Signal Modification at Gothard Street and Warner Avenue S Z Total Amount Bid in Words-+WCk-` - , r%kAA_ rLj .CN t . \ lr, r �Oj_,A lL r./a Note: the City will provide the controller & service cabinet, all poles, mast arms, luminaries, vehicle heads, pedestrian heads & push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, & fittings at no cost to the Contractor. Contractor to pick up materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at 714-375-5015 C- 3.1 Estiinated. Item No. Qua:nt►ty :: Item With Uaif Price Wntteir m Words Unit Price Extended:Amount: Traffic Signal at. Gothard Street and CC-1233 Edinger Avenue 1 1 LS Mobilization t"A Z1,Svp $ Z,Syo --v,- Per LS 2 1 LS Traffic Control @ o ��t��.s5�t,,& $ 1 ood $ I , 000_ 0. Nf�k_ Z.e Ke!, Per LS 3 1 LS Constru ion Survey @ t ,3-p— $ 'J UU_ $ SOO_' Per LS 4 1 LS Monument. Preservation Per LS' 5 1 EA Construct Curb Ramp including adjacent gutter plate per Caltrans Standard Plan No. A88A, Case C T''SC- $ SUU $ 3,- Per EA 6 1 EA Install Detectible Warning Surface in existing Curb Ramp per Caltrans Standard Plan A88A @ 13 C')O $ Z _ $ ZCb ZQlla C2 r4—_.' _ Per EA 7 1 EA Grind Gutter Lip at base of Curb Ramp to conform with Caltrans Standard Plan A88A @-�iutVw.�t dloolcjh-o $-� _ $ SOO Per EA 8 1 LS Modify Traffic Signal at Gothard St. and Edinger Ave. @ aoa^L1 -zap Per LS Subtotal - Traffic Signal Modification at Gothard Street and Edinger Avenue $ DC Total Amount Bid in Words: Cvr'K1` �� CA�rtS . Note: the City will provide the controller & service cabinet, all poles, mast arms, luminaries, vehicle heads, pedestrian heads & push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, & fittings at no cost to the Contractor. Contractor to pick up materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in -advance for pick up at 714-375-5015. C- 3.2 Estimated:. . ........ . . .... . .. .. .. ..... ..... . . .. .. .... Item . . Quantity. . Item:Wtth Un+;t Price V� Htten In Words .UnitPnce Extended:Amount: Traffic Signal at Edwards Street and CC-1234 Warner Avenue 1 1 LS Mobilization `C-ZQIIiJ c2 i�i� Per LS 2 1 LS Traffic Control _ C�- f -c�- 7 QJ"O C2.c s Ti Per LS 3 1 LS Construction Survey '4- -t Per LS 4 1 LS Monument Preservation @ .�.. v P �, f�C9.A -I t &(-�.O $ �O -Goo- $ � -,4- 7 c /l O - Per LS 5 2 EA Install Detectible Warning Surface in existing Curb Ramp per Caltrans Standard Plan A88A Cl �fJ V yl"�Y\CkP IG� Ao' �VJN -w _ $ 2-W f _ $ LA 00 rti(kL4 :12oA-U Per EA 6 1 LS Modify Traffic Signal at Warner Ave and Edwards St @ I inn uz o. -,-,& �1., -4� $ _ 1500 l� d6QV A.a-+ ZOW CACOZS . Per LS Subtotal - Traffic Sibnal Modification at Edwards Street and Warner Avenue $ S g,`ic-,o Total Amount Bid in Words: -4- 'Z e--� Csz c�-5 Note: the City will provide the controller & service cabinet, all poles, mast arms, luminaries, vehicle heads, pedestrian heads & push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, & fittings at no cost to the Contractor. Contractor to pick up materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at 714-375-5015. Filename: G:\Construction Contracts (CCs)\CC1232\BID SCHED 1232.xls C- 3.3 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 Loaf' q3S e. (c, cz, n CA `LZ8 7 (k y 51(j CSctu� 'M i 34�09 S c-- 32-- ?,3 hl5-r- o 9-2-11S 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-4 . NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange William �• l�Gyey�pof�% being first duly sworn, deposes and says that he ewe is �• �• .SEC . /TfZEyl�CZ, . of KDC INC. dba DYNALECTRIC the party making the foregoing hat 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. KDC INC. d Name of Bi C "/► (O/ 2-007 iBidder s ure of Bid P.C�T�S III LLIAM B. DAVENPORT CFO - LI y to Q_ Cor P or c,4-e. Cex-, f b r i J 2 Lo --L-, lz� s, C - q D-7 D 0 Address of Bidder Subscribed and sworn to before me this day of , 20 (6EE 16)T77�CHE,0 J L- 2,4)T) NOTARY PUBLIC NOTARY SEAL C-s CALIFORNIA JURAT WITH AFFIANT STATEMENT State of California County of Ofangg,, ss. XSee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Subscribed and sworn to (or affirmed) before me on this I tD day of J an yf- (w- aoo7 , by Dale ' I Month 0 Year Name of Signer XPersonally known to me ❑ Proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and E1111PE L HOVUBA 1L6;;.Z,C*ffrt>Itdon # 1673214 Name er mwPjbcounC iv El Person own to MyC0nVMi;*ftJn27,2Q1 oved to me on the basis o actory evidence to be the person who appeared before me. Signature of Notary Pc Place Notary Seal Above OPTIONAL — Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document + Title or Type of Document: Noneno i I u� c r, rl f 1 L 1 d cAV I I Document Date: Sctlnucu to K0 2-007 Number of Pages: -+- Signer(s) Other Than Named Above: ' `WE RIGHT THUMBPRINT RIGHT THUMBPRINT OF SIGNER #1 OF SIGNER #2 .• of • here Topof 02004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 • www.NationalNotary.org Item 45910 Reorder: Call Toll -Free 1-800-876-6827 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that -in the performance of the work specified in the contract, known as the Traffic Signal Modifications at Gothard Street & Warner Avenue, Gothard Street & Edinger .Avenue and Edwards Street & Warner 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: KDC INC. dbaffYNALECTRIC Contractor By WILLIfiV8. DAVENPORT, CFO Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty. of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal,.State or local government project because of a violation of law or a safety regulation? ❑ Yes X 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-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: ]CknuarIi aoo 7 KDC INC. dba DYNALECTRIC Contractor By l/WILLIA��VFNPORT, CFO Title 12 C-s 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: KDC INC. dba DYNALECTRIC Contractor By Title Date: CtnuCL �D 'z�% 0 ,SEC / T12-E. ►� S 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-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: KDC INC. dba DYNALECTRIC Bidder Name Cot 00-- Business Address CK5 NrAYA►tP5 City, (-7' q ) MA - -1 Telephone Number (!,P Q Or7 9-0 State Zip 551 r1-6 CID; 6 , b C3►, CA Co State Contractor's License No. and Class la /oU/IgciS Original Date Issued la/3i� �vo� Expiration Date The work site was inspected by 11WWX(-& �V\a&4Kf our office on knuL �t MO The following are persons, firms, and corporations having a principal interest in this proposal: KDC INC. dba DYNALECTRIC — C orPorc-i o r� 'Unr i s pe say �-n — Pc e Si d e-rt� Wi lliarm 6.—Davenpot't SEc.�re�ws . C-I 0 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. KDC INC. dba DYNALECTRIC O V I (o12-00-7 Company Name Signature of Bidder WILLIAM B. DAVENPORT, CFO — J P , sEc •/ ►°s Printed or Typed Signature Subscribed and sworn to before me this day of , 20 (,Se C— JUP-IqT) 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: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work. Date Completed Frame and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and.Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 CALIFORNIA JURAT WITH AFFIANT STATEMENT State of California County of 0ranc e' ss. .N-See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) EU1WE 1. MOhl19A _ Can nftdon f tbT82i� Nolwo RiWa - Cdlaft own" Couyy iVWbhCa vn.EFl AmV.2M Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this day of TC,(Y)ucA,( a�� , by Date Mont) Year (1) 1 �i� - l7aJe-V��po r"r Name of Signer Personally known to me ❑ Proved to me on the basis of satisfactory evidence to be the person who appeared before me (and Name of Signer ❑ Personally known ❑ Prove eon the basis o ctory evidence o e the person who appeared before me. Signature of Notary P c Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document {fA Title or Type of Document: i T Document Date: TC,�n f to t 2-M7 Number of Pages: Signer(s) Other Than Named Above: RIGHT THUMBPRINT RIGHTTHUMBPRINT OF SIGNER #1 OF SIGNER #2 .p o . • ©2004 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www. National N ota ry. org 1tem 85910 Reorder: Call Toll -Free 1-800-876-6827 Dynalectric An EMCOR Company REFERENCES Owner: City of Burbank Title: Media District ITS INTELLIGENT TRAFFIC SYSTEM Total: $1,490,930.00 Contact: Mike Solvani City of Burbank Phone: 818.238.3968 Owner: ACE Title: Alameda Corridor East, Pomona INTELLIGENT TRAFFIC SYSTEM Total: $2,000,000.00 Contact: George Richmond ACE - Alameda Corridor East Construction Authority Phone: 626.962.3552 Owner: City of Glendale Title: San Fernando Corridor ITS INTELLIGENT TRAFFIC SYSTEM Total: $1,900,000.00 Contact: Omar Abutaleb City of Glendale Phone: 818.548.3960 Owner: City of Culver City Madison Ave S/L Improvements / STREET LIGHTING Title: Prospect, College, Matteson & Giard S/L Total: $200,000.00 / $250,000.00 Contact: Nasser Shoushtarian / Max Piezold City of Culver City Phone: 310.338.3440 x16 / 310.253.5633 Owner: City of Los Angeles AUTOMATED TRAFFIC SURVEY Title: Sepulveda Corridor ATSAC & CONTROL Total: $2,700,000.00 Contact: Manoochehr Adhami City of Los Angeles Phone: 626.255.4592 CLOSED JOB LISTING Job No. i Job Name Proj. Mgr. Job AddrlPhone Customer Addr/Phone 35005 I INSTALL & REMOVE WARNING LIGHTS, PI(I B. Davis ;i City of Santa Monica Purchase Order# 188242 ! Pico Blvd. (5 crosswalks) 11717 Fourth Street, Suite 250 If ' Santa Monica, CA 90404 Santa Monica, CA 90401 ITEL: None :TEL: 310-710-3337 ;FAX: None iFAX: 310-998-3297 35007 I HIDDEN VALLEY PARKWAY i IR. Shackleton I I ',Rossland Corporation Subcontract# HVP-3 I Hidden Valley Pkwy & 1-15 �4 1736 Port Abbey Place Corona, CA 92880 Newport Beach, CA 92660 'ITEL: None 'TEL: 949-640-5577 I IFAX: None I FAX: 949-640-5584 35008 AMERIAGE HEIGHTS J. McGinley Suncal Companies Subcontract# DYNO03/02 Howard Hughes Drive 2392 Morse Avenue Fullerton, CA 92832 Irvine, CA 92614 ' .TEL: None 'TEL: 949-777-4000 I FAX: None FAX: 949-7774263 35014 i FOOTHILL BLVD. & INDIANA AVENUE II IT. Erno i II City of La Canada Flintridge 11327 Contract# 04/05-01 I l ; Foothill Blvd. & Indiana Ave. I La Canada Flintridge, CA 91011 Foothill Blvd. I La Canada Flintridge, CA 91D11 I LL: None ,FAX: None ILL: b1b-/9U-dbb2 FAX: 818-790-8897 ij 35029 �I SURVEILLANCE INTEGRATION GAP R. Shackleton , l j City of Culver City (VIDEO Contract# 2005-043 Washington Blvd. & Culver Blvd. Culver Blvd. j Project# P-804 j Culver City, CA 90232 19770 j Culver City, CA 90232 i TEL: None ,TEL: 310-253-5633 j I (FAX: None iFAX: 310-253-5626 35034 CITY OF SAN CLEMENTE "AS NEEDED" i R. Shackleton !City of San Clemente j Avenue Pico & Camino Real 1390 Avenida Pico, Bldg A San Clemente, CA 92672 I San Clemente, CA 92672 (TEL: None ITEL: 949-361-8347 ' FAX: None I 'FAX: 949-361-8340 i 35035 l SAINT JEANNE DE LESTONNAC SCHOOL! R. Shackleton i• Consolidated Contracting Services, Inc. (CM) Subcontract# N/A First Street & Golden Circle Drive 181 Avenida La Pata, Suite 200 i I Santa Ana, CA 92702 i San Clemente, CA 92673 iTEL: None .TEL: 949-498-7500 FAX: None ;FAX: 949-498-7992 35038 (Ii PICO BLVD. @ 4TH STREET R. Shackleton Sailhouse LLC • Purchase Order# MAIN122 V Pico Blvd. @ 4th Street 1416 Second Street j !Santa Monica, CA 90401 ITEL: None !Santa Monica, CA 90401 iTEL: 310-395-4626 FAX: None :FAX: 310-395-5606 ! l 35040 I ORANGE AVENUE INTERCONNECT B. Davis I ; Sully -Miller Contracting Company j Subcontract# 5-355 , Avenue & Spring Street 'Long 1100 East Orangethorpe Avenue, Suite 200 i Job# 25478C ( • Long Beach, CA 90815 Anaheim, CA 92801 ;TEL: None 'TEL: 714-578-9622 j I j -FAX: None ! :FAX: 714-578-9650 County of Los Angeles 35044 GARFIELD AVENUE I R. Shackleton Department of Public Works Project# RDC0011640 j ' Garfield Avenue 1900 South Fremont Street Montebello, CA 90640 i Alhambra, CA 91803 I ,TEL: None ITEL: 626-458-2185 i I iFAX: None ;FAX: 626-458-2197 35046 I I LOS ANGELES I.T.I.P. (RIVERSIDE) I B. Davis I j Road Runner Planning & Consulting I (Contract# 2003-016LA I I Routes 10, 60, 15, 215 & 91 Spring Garden Avenue, 1st Floor ! Riverside/San Bernardino, CA 99999 TEL: None I2200 Pittsburgh, PA 15212 I 'TEL: 412-325-7492 I iFAX: None j (FAX: 412-325-7496 i 35051 j LINDERO CANYON RD @ VIA COLINAS (I J. McGinley i Excel Paving Company Subcontract# 6561 Lindero Canyon Rd @ Via Colinas • P O Box 16405 'Job# 4260 Westlake Village, CA 91362 :Long Beach, CA 90806 j ITEL: None TEL: 562-599-5841 l 'FAX: None . FAX: 562-591-7485 35062 I I SANTA MONICA ON CALL - 2005 i I N. Roberts j ( City of Santa Monica j Purchase Order# 9153-000-OF , 1685 Main Street, Room 115 ' 1685 Main Street, Room 115 ! i Santa Monica, CA 90401 ;Santa Monica, CA 90401 JEL: None TEL: 310-485-8291 j I ! FAX: None FAX: N/A 35063 I !TRAFFIC SIGNAL IMPROVEMENTS @ VARII R. Shackleton 'City of West Hollywood Project No. CIP 0502 Multiple 8300 Santa Monica Blvd. I .±West Hollywood, CA 90069 West Hollywood, CA 90069 1 TEL: None ,TEL: 323-848-6383 I I :FAX: None FAX: 323-848-6564 i 35064 I MARTIN LANE 1 FARMERS INSURANCE N. Roberts ':Farmers Insurance ' 440 Martin Lane ! P O Box 268994 Beverly Hills, CA 90210 Oklahoma City, OK 73126-8994 I _, 'TEL: None ,-'TEL: 562-902-4033 CLOSED JOB LISTING Job No. ! ; Job Name Proj. Mgr. ' Job AddrlPhone Customer Addr/Phone f { FAX: None FAX: 562-902-2881 35065 I MARTIN LANE t N. Roberls i Aliza Faridnia ` 440 Martin Lane ( 440 Martin Lane ( i Beverly Hills, CA 90210 Beverly Hills, CA 90210 j TEL: None I TEL: 310-968-6263 ( iFAX: None i'FAX: 213-833-3922 I 35068 I ' ; COLORADO/CAMPUS TS INSTALL i R. Shackleton City of Glendale Contract# 103856 Colorado & Campus 633 East Broadway, Room 300 Specification# 3087 Glendale, CA 91205 Glendale, CA 91206 'TEL: None TEL: 818-548-3960 (! a FAX: None 'FAX: 818-409-7027 35069 i GRAND & VENICE AFFORDABLE HOUSING B. Davis :Benchmark Contractors, Inc. ( Puchase Order# 055997 j 1500 South Grand Avenue : ; 2901 281h Street, Suite 150 ( , Los Angeles, CA 90015 Santa Monica, CA 90405 ( iTEL: None TEL: 310-930-8389 i FAX: None FAX: 213-747-1252 35070 - i ITRAFFIC SIGNAL MODIFICATION - OCEAN I R. Shackleton City of Santa Monica iContract# 8481 (CCS) SP-TSO4-01 j Ocean Park & 23rd Street 1685 Main Street Santa Monica, CA 90405 Santa Monica, CA 90407 i TEL: None TEL: 310-710-0372 FAX: None FAX: 310-998-3297 35076 ! FIBER OPTIC CABLE AND CONDUIT INSTAI P. Thorp Customized Support Services, Inc. ! Purchase Order# 108094 i 2nd Street at B Avenue 1111 Deming Way, Suite 100 Fort Irwin, CA92310 Madison, WI 53717 ( TEL: None 'TEL: 800-992-7749 ;FAX: None FAX: 800-992-7750 35078 REPAIR TELEPHONE CONDUIT AS DIRECTI B. Davis Excel Paving Company 1301 West 182nd Street ;2230 Lemon Avenue i Gardena, CA 90248 !Long Beach, CA 90806 iTEL: None ITEL: 562-599-5841 FAX: None ,FAX: 562-591-7485 35084 ! OLD CALTRANS DISTRICT 7 BLDG - DEMO R. Shackleton Cleveland Wrecking Company ( i 120 South Spring Street ! 628 East Edna Place i Los Angeles, CA 90012 Covina, CA 91723-1312 ITEL: None ITEL: 626-705-0000 'FAX: None 'FAX: 626-967-1479 35090 SUMMIT AVE - STREET, SEWER & STORM I R. Shackleton I Riverside Construction Company I' ,Subcontract# 05010 i ; I Citrus Heights North Fontana, CA 92336 111 North Main Street Riverside, CA 92502 (( I; ITEL: None , :TEL: 951-682-8308 I FAX: None FAX:951-682-8350 35098 (i !FIBER OPTIC & COPPER CABLE SPLICING P. Thorp 'Moore Signals & Lighting Purchase Order# 21 ; Grand Avenue ' 4511 East Eisenhower i Santa Ana, CA 92701 Anaheim, CA 92807 'TEL: None 'TEL: 714-693-4837 FAX: None I FAX: 714-693-4838 36013 JOINT FORCES TRAINING BASE, FO CABLE A. Mendoza Royal Electric Purchase Order# 111506 I i i Los Alamitos Air Force Base j 3131 52nd Avenue Job# A1046 Los Alamitos, CA 90720 I Sacramento, CA 95823 ( Fed# W91278-04-C-0056 I 'TEL: None j !TEL:310-925-6922 FAX: None I j FAX: 916-428-4136 36020 f ALTON & JAMBOREE - SHEA HOMES I J. McGinley I Shea Homes . Alton Pkwy & Jamboree Avenue .603 South Valencia Avenue I Irvine, CA 92603 Brea, CA 92823 ITEL: None TEL:714-985-1300 FAX: None FAX:714-792-2500 36022 STEWART STREET N. Roberts i City of Santa Monica ' Purchase Order# 214751-000-OP I 1 Stewart Street & Olympic Blvd 1717 4th Street, Suite 250 I I :Santa Monica, CA 90401 Santa Monica, CA 90401 i TEL: None TEL:310-458-2201 I .FAX: None FAX:310-395-2343 36025 iJFTB UTILITY PROJECT i A. Mendoza ( .Royal Electric i Purchase Order# 111779 Los Alamitos Air Force Base 3131 52nd Avenue U2026 , ;Los Alamitos, CA 90720 , Sacramento, CA 95823 (Job# Fed# W912LA-04-C-0005 TEL: None .TEL:310-925-6922 1 i 'FAX: None 'FAX:916-428-4136 36029 i ISLAND & E / FRIES & E N. Roberts ' Wilson Electric .500 Island Avenue 2605 Sierra Way ;Wilmington, CA 90744 ' , La Verne, CA 91750 ITEL: None TEL:909-593-5272 FAX: one FAX:909-593-6953 36031 (UCR ARROYO FLOOD CONTROL PROJECTJ. McGinley ;Riverside Construction i, i Canyon Crest Drive 111 North Main Street Li Riverside, CA 92521 ; Riverside, CA 92502 CLOSED JOB LISTING Job No. Job Name Proj. Mgr. Job Addr/Phone Customer Addr/Phone TEL: None TEL:951-682-8308 FAX: None FAX. 36056 , SANTA MONICA & OAKHURSTISAN VICEN7 N. Roberts City of Beverly Hills Multiple 345 Foothill Road Los Angeles, CA 90210 Beverly Hills, CA 90210 .TEL: None TEL:310-285-2464 FAX: None FAX:310-278-1838 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment C (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH AREA PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder KDC INC. dba DYNALECTRIC proposed subcontractor , hereby certifies that he has V ee has not_, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of S10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Page 12-79 LPP 01-04 March 75, 2001 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment G DISCLOSURE OF LOBBYING ACTAVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract Fla. bid/offer/application F-1 a. initial b. grant b. initial award b. material change cooperative agreement c. post -award d.\anddress e. f. 4. Nof Reporting Entity Subawardee Tier if known Congressional District, ifN 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) For Material Change Only: year quarter — date of last report 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable _ 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. I Oa) (last name, first name, MI) (attach Continuation Sheet(s) i ecessary) 11. Amount of Payment (check all that apply) 13. Ty of Payment (check all that apply) actual planned a. etainer b. o e-time fee 12. Form of Payment (check all that apply): c. com fission Ha. cash d. contin ent fee b. in -kind; specify: nature e deferred value f. other, speci 14. Brief Description of Services Performed or to be performed and Date(s) of Service, 'ncluding officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes ❑ No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. Print Name: 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject Title: to a civil penalty of not less than $ 10,000 and not more than $100,000 for each such failure. Telephone No.: Date: Federal Use Only: Standard Form LLL Rev. 09-12-97 Authorized for Local Reproduction Standard Form - LLL Page 12-57 LPP 01-04 March 15, 2001 EXHIBIT 12-E Local Assistance Procedures Manual Attachment G PS&E Checklist Instructions INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. Identify the status of the covered.federal action. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or -description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. Page 12-88 ]March 15, 2001 LPP 01-04 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment G 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev.06-04-90,<ENDIF,, Page 12-89 LPP 01-04 March 15, 2001 THE AMERICAN INSTITUTE OF ARCHITECTS 0 AIA Document M10 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we DYNALECTRIC 4462 Corporate Center Drive (Here insert full name and address or legal title or Contractor) Los Alamitos, CA 90720 as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 499 Thornall St. (Here insert full name and address or legal title of Surety) Edison, NJ 08837 a corporation duly organized under the laws of the State of CT as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (Here insert lull name and address or legal tale of Owner) 2000 Main St., Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten percent of amount bid. Dollars ($ 10% of Amount Bill, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert lull name, address and description of protect) Traffic Signal Modifications at Gothard/Warner, Gothard/Edinger & Edwards/Warner - CC Nos. 1232, 1233 & 1234, Traffic Signal & Street Lighting 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 W enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penaity 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 8th day of ,January 2007 (Witness) WILL �—Ur e)— ., -cec. TP-ens TRAVELE S CASAND SURETY COMPANY OF AMERICA (Surety) (Seal) (Witness) �.. ` �`�%,�L�►C�Y Rita Sagist no (Title) Attorney -in -Fact AIA DOCUMENT A310 • BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Of a nq �. ss. On 3(An1lU.( � �p ,y� before me, E la;y1C. 1 - UeAa- 0p'f" li , j Date d\ , I Name and Title oklicer (e.g., '4fine Doe, Notary Public personally appeared 11�e_v\por t- Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence WANE L NOINEtA _16;;�Canvrdsdon #►16M14 Holar7 FWft - CoNaTdo dar4p County MyConmr. B"uJun27.201 4 to be the person whose name* is/y'tlre subscribed to the within instrument and acknowledged to me that heil"i'ttoey executed the same in his/1 &/t�6ir authorized capacity(i6s), and that by his/,*Ntt�dir signature) on the instrument the personK, or the entity upon behalf of which the person(Y acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: 3-C V\uw- 'jID ZoN{) Signer(s) Other Than Named Above: a t o`ZC � Number of Pages: 1 i�iT1Pr 5�1C�iS�r�4 fV U Capacity(ies) Claimed by Signer Signer's Name: W t 11ICLYY\— 6 • ��Pof-r ❑ Individual n Corporate Officer — Title(s): C y C • ,TQ E IA S ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: KDC INC. dba DYNALECTRIC RIGHT THUMBPRINT OF SIGNER of thunnh here Oc 1999 Nalional Notary Association • 9350 De Soto Ave.. PO Box 2402 • Chalsworlh. CA 91313 2402 • www.NationalNotary.org Prod. No. 5907 Reorder: Call TollFree1 -800 876-6827 THE RED BORDER TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. 'Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 213760 Certificate No. 001308971 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the Stale of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the '-Companies"), and that the Companies do hereby make, constitute and appoint Richard G. Avery, Karen C. Bowling, Thomas Bean, Rita Sagistano, Gerard S. Macholz, Susan Lupski, Robert T. Pearson, Mary Alice J. Corbett, and Camille Maitland of the City of Garden City , State of New York , their true and lawful Attorney(s)-in-Fact each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions orproceedings allowed by law. 26th IN WITNyan�WHEREOFary, the CompahWme caused this instrument to be signed and their corporate seals to be hereto affixed, this day of _ Farmington Casualty Company Fidelity and Guaranty'Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Patti Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company S A. �q`•.. Mo wn IY �1982f' n HCOHPotNifD �1 m� c >f:m iW: `pPPON9lf... n. 3�•—`G '� � tOi 1977 g 19 ' 1927 r 1;=. l s 4 n b�` •S1 \r SEAL' IS".SEAL;i, o 'r s c tea' ... ..: -S�f a State of Connecticut City of Hartford ss. By Z4! Georg V Thompson. enior %ice Presidcnt 26th January 2006 On this the day of , he.fore me personally appeared George W. Thompson, who acknrnyledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Compam, Trayclers Casualty and Surety Company, Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Compam, and that he, as such. being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on hehalf of the corporations by himself as a duly authorized officer. p.TlTt A ^ In Witness Whereof, I hereunto set my hand and official seal. Tai � fyly Commission expires the 30th day, of June. ?01 I. �D1/BUG i Marie C. Tencault, Notary Public 58440-8-06 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CALIFORNIA _ALL=PURPOSE ACKNOWLEDGMENT State of New York County of Nassau On January 8, 2007 before me, Camille Maitland, Notary Public, personally appeared Rita Sagistano, Attorney -in -Fact of Travelers Casualty and Surety Company of America personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CAMILLE MAITLAND NOTARY PUBLIC, STATE OF NEW YORK NO.01 MA6006044 QUALIFIED IN KINGS COUNTY COMMISSION EXPIRES APRIL 20, a2c, o TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 06183 FINANCIAL STATEMENT AS OF DECEMBER 31, 2005 CAPITAL STOCK S 6,000,000 CASH & INVESTED CASH $ 18,722..611. UNEARNED PREMIUMS $. 636,314.350 BOND$ 2,394,448;295 LOSSES 113,236.W STpGK: 7.822.516 LOSS ADJUSTMENT EXPENSES 114,608,239 INVESTMENT. INCOME DUE AND ACCRUED 29,925,538 COMMISSIONS 27,023,959 PREMIUM BALANCES 149,728;893 TAXES, LICENSES:AND FEES 19.f 64;612 REINSURANCE RECOVERABLE 1.7,473,347 OTHER'EXPENSES 26:697,610 NET DEFERRED TAX, ASSET 41;208,507 CURRENT FEDERAL AND FOREIGN INCOME TAXES 47.731•,649 OTHERASSETS 21,067.146 PAYABLE TO PARENT. SUBSIDIARIES &.:AFFILIATES 28,692.860 OTHER ACCRUED EXPENSES AND LIABILITIES. 20905,829 TOTAL LIABILITIES S 1.823523.650 CAPITAL STOCK S 8,000;000 PAID 1N,SURPLUS 303,297;402 OTHER SURPLUS 547..676;601 TOTAL SURPLUS TO. POLICYHOLDERS $ 856873,003 TOTALASSETS $r2,680,396;663. TOTAL LIABILITIES &SURPLUS $ 2:680,396,653 STATE OF CONNECTICUT ) COUNTY OF HARTFORD )SS. CFIY OF HARTFORD l LAWRENCE A. SIUTA. BEING DULY SWORN, SAYS THAT:HE`IS CHIEF FINANCIAL OFFICER - BOND; OF .THE TRAVELERS -CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND.BELIEF, THE FOREGOING IS A TRUE AND IGORRECT STATEMENT OF THE. FINANCIAL CONDITION OF SAID.COMPANY'AS OF THE 318I DAY OF DECEMBER, 2005.. SUBSCRIBED AND SWORN TO: BEFORE ME THIS 29TH DAY OF MARCH, 2006 t � � CHIEF fINANCIAL OFFICER -80 D. i NOTARY PUBLIC oy"l&"wmEspdrxm ", N CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN June 13, 2007 CITY CLERK KDC, Inc. dba Dynalectric 4462 Corporate Center Dr. Los Alamitos, CA 90720 Attn: Richard Shackleton Re: Traffic Signal Modifications at Edinger/Gothard, Warner/Gothard and Warner/Edwards CC-1232, CC-1233 and CC-1234 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Economic Development Department at 536-5582. Sincerely, 1 490) J n L. Flynn City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) g:followup\cashcont\cashcon-letter.doc ( Telephone: 714-536-5227 ) Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant- for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20___-, at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] E , IF R 4 ORNEX IL) 13. _a6 - CKP 1 245911 1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20_, at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] A� `i'Q WE �c�iRA t,ITY ATTORNEYI -F S o3- ab - cnv 1 247542.1 CONTRACTOR'S CERTIFICATE I, , state and certify that: (Name of Declarant) 1. is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at APPROVED AS TO FORM on this day of , 20_ By: -7/a -1lJ 3• Zo �(p Name: [Type Name] Title: [Type Title] (Signature of Declarant) 1 245914.1 MARSH ;. CERTIFICATE OF I"NSURANCE � CERTIFICATE NUMBER . - NYC-002652931-01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 601 MERRITT 7 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE NORWALK, CT 06856-6010 AFFORDED BY THE POLICIES DESCRIBED HEREIN. KIM RICHARDSON FAX (203) 229-6787 COMPANIES AFFORDING COVERAGE EMCOR.CERTREQUEST@MARSH.COM COMPANY 58870-JWP-KIR-06-07 AD X A CONTINENTAL CASUALTY COMPANY INSURED COMPANY KDC INC B AMERICAN CASUALTY COMPANY OF READING, PA D/B/A DYNALECTRIC 4462 CORPORATE CENTER DRIVE COMPANY LOS ALAMITOS, CA 90720 0/o -i- C TRANSPORTATION INSURANCE CO. COMPANY D This certificate supersedes and replaces an p ewously�gssuedcertificate�for the policy period noted 6eldw. " ke,- 3 COVE. A ES ' THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIYY) POLICY EXPIRATION DATE (MMIDDIYY) LIMITS A GENERAL LIABILITY GL2079600087 10/01/06 10/01/07 GENERAL AGGREGATE $ 6,000,000 PRODUCTS - COMP/OP AGG $ 14,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE " - OCCUR PERSONAL & ADV INJURY $ 2,000,000 EACH OCCURRENCE $ 2,000,000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 500,000 X PERP_ROJ CT ,FNERAL IVIED EXP (Any one person) $ 25,000 AGGREGATE APPLIES A AUTOMOBILE LIABILITY BUA 2079600008 (ALL STATES) 10/01/06 10/01/07 COMBINED SINGLE LIMIT $ 2,000,000 X ANY AUTO BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY (Per accident) $ X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ X AUTO PHYSICAL DAMAGE �� VED AS O F 500 COMP/$500 COLL DED GARAGE LIABILITY ANY AUTO IF R CG - �H, Cr; 3 O tOMCY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: • , EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ 1 OTHER THAN UMBRELLA FORM B C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC 257249205 (AOS) WC 257249222(OR,WI) 10/01/06 10/01/06 10/01/07 10/01/07 X WCSTATU LIMITS R TORY LIMITEER , EL EACH ACCIDENT $ 1,000,000 EL DISEASE -POLICY LIMIT $ 1,000,000 B THE PROPRIETOR X INCL PARTNERS/EXECUTIVE OFFICERS ARE EXCL WC 257249219 (CA) 10/01/06 10/01/07 EL DISEASE -EACH EMPLOYEE 1 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPECIAL ITEMS RE: PROJECT#37046- TRAFFIC SIGNAL MODIFACATIONS AT GARFIELD STREET & WARNER AVENUE, CC#1232, GOTHARD STREET & EDINGER AVENUE, CC#1233 AND EDWARDS STREET & WARNER AVENUE CC#1234 ADDITIONAL INSURED UNDER ALL POLICIES (EXCEPT WORKERS COMPENSATION) WHERE REQUIRED BY CONTRACT: CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS AND EMPLOYEES CERTIFICATEiHOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 'In DAYS WRITTEN NOTICE TO THE CITY OF HUNTINGTON BEACH ATTN: ROBERT MARTINEZ CERTIFICATE HOLDER NAMED HEREIN BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 2000 MAIN STREET LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES OR THE HUNTINGTON BEACH, CA 92648 ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY: John Lapreay �.. MM1(3102) m VALID AS OF 05/15/07 ADDITIO'NALINFFORMATION'' PRODUCER MARSH USA Inc. COMPANY 601 MERRITT 7 NORWALK, CT06856-6010 E KIM RICHARDSON FAX (203) 229-6787 EMCOR.CERTREQUEST@MARSH.COM COMPANY F 958870-JWP-KIR-06-07 AD X INSURED COMPANY KDC INC D/B/A DYNALECTRIC G 4462 CORPORATE CENTER DRIVE LOS ALAMITOS, CA 90720 COMPANY H DATE (MMIDDIYY) NYC- 02652931-01. 05/15/07 Fps COMPANIES AFFORDING COVERAGE TEXT CONTINUED FROM DESCRIPTION SECTION: COVERAGE PROVIDED TO THE ADDITIONAL INSUREDS IS PRIMARY & NON-CONTRIBUTORY. WAIVER OF SUBROGATION IN FAVOR OF ADDITIONAL INSUREDS UNDER ALL POLICIES. CERTIFICAT&HOLDER ' CITY OF HUNTINGTON BEACH ATTN: ROBERT MARTINEZ 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 MARSH USA INC. BY John Lapreay � Page' " �' POLICY.NCTA,IBER: GL 2079000087 Formerly Klnvn As CG 20 10 11 S5 Continental Casualty Co. 10i01i2006 10/0Ii2007 THI S ENDORSEMENT C FI ANGE S THE P OLI CY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - 0117NER5, LESSEES OR CONTRACTORS (FORM B) THIS E.NDCRrEl/aIJT MODIFIES Il T_TRFZJI'E PROVIDED TRMER THE FCLLC.WING: C01•,,avfFRCLALC-�E14HPUkL LI.ABILTTY COVERAGE PART S CHEDLILE NAME OF PERSON OR ORGANIZATION: RE: PRO IECT#3?046- TF.AFFIC SIGIli'.L NIODIFACATIONS AT GAFF IELD STREET & VVAFdTER A'•IEi\1UE, CC#12 32, GOTH4.RD STF.EET w EDII'dGE.R..,VE2II.IE, CC#I 233, AND ED v'APDS STREET & V AF2-[EF ABM It1E C'C#1234. CITY OF HUl'ITIl lGTnN BEACH, ITS AGENTS, OFFICERS AND ENIPI- J i7EES Ct VER4GE PROVIL-ED TO THE ADDITIONAL INSUREDS IS PF.IIlkk RY & N014-0014TRIBUTf_lRY. rg 2TC EIJTR: r^,PPE^.RS ABO�,'E, IITFORIvL�iTICIdRE17IR.ESi TC} COIvLPLETE THIS ENDi`_=ElrIENT -WILL BE SHO v,'I i I21 THE DECZ:.AR.ATIONS AS APPLICA-E.LE T(D THIS 'a D� }R.NEMEITT. ) j,1IHO IS AN 11TStIPJ) STCTIC�J ITj I' AIv�I TDED T:1IIJ�ZzTL�E AS Ali IITSTJI?FD THE PEP S:D T c e CRGAI•TLr^,TTONSH0lVlT124THE SCBEI)T?LE. Bt1T 01-TL Y ' IITHF.ESPEC,TT0LLkB•ILTTY rRLINK-'T OUT OF " YijTTF, W(D?K" FC:)R. TIlk T IN STJRED B 'Y C aR. F0F, Y OU. Includes copyri Pub rnaterial ofInsurwice Sen7ices Offices, Inc, used with its permission. Formerly known A.: CC, 20 10 11 S5 H wt Font-6 & Sev. icc- Reoide z Nr . 14-9 389 ADDITIONAL INSURED This rlidolsenientrtiodifles insurance govidedunder the following: Business Auto Cover�,e Form Itis agreedthe "'vtitrhio L An Insured" pro�nsionis aniendedto Include as an insured the person or organization designated below as An additional insurect, subjectto the following provisions: (1) The insurance applies only with respect to any liabilit;•, ariaing out ofthe operation of covered autos. (2) The Narnect Insured is authorized to act for such additional insured in all matters pertaining to this insurance, including receipt ofnotice of cancellation, (3) F�etum premium, if any, shall be paidto the Named Insured; (4) Nothing containel herein shall affect any i7ght of recovery as a. claimantwhiich the adciitional.inamredwouldhave ifnot designated as such. RE: PROJECT#37046- TRAFFIC SIGNAL ftIODIFACATIONS AT GARFIELD STREET 8L WARNER AVENT-TE, CC#1232, GOTHAR STREET ,-. EDINGER :?VENUE. CC#1233 AP,hD EDWARDS STREET & WARNER AVE.Nt.JE tCC#1234 CITY OF HIJNTINGTON BEACH, ITS AGENTS. OFFICERS oI D EtuIPLOYEES COVERAGE. PROVIDED TO THE ADDITIO1,1AL INSUREDS IS PRIIN4,61,'.°i & HON-CONTRIBUTORY. This endorsement is Bart of your policy and takes effect on the effective date of yourpolicy, unless another effeciiy e date is shown below. Must Be Completed Complete Only V•:he.n This Endorsement Is Not Prepared Vatth the Policy Or IT, Not to be Efier_tive vvdh the Policy EP•DT. tali. POLICY N0. IS'JJED TO EFFECTIVE DATE Cf 9 BUA 2079600008 THS E(ZOR�EMENT EW-0RORC)LP, IP•k . 10/0112006 10/01/2007 C N4 r AllTM— L- THE AMERICAN INSTITUTE OF ARCHITECTS Bond No.6481625 (SA) / 104932294 JR) AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of KDC INC. D/B/A DYNALECTRIC America / Safeco Insurance Comppanyy of America 343 Thornall Street, Edison, NJ 08837 / 4462 Corporate Center Drive 1200 Macarthur Blvd., Mahwah, NJ 07430 Los Alamitos, CA 90720 OWNER (Name and Address): City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648-2702 CONSTRUCTION CONTRACT Date: May 14, 2007 Amount: ($ 187,453.00 ) One Hundred Eighty Seven Thousand Four Hundred Fifty Three Dollars and 00/100 Description (Name and Location):Traffic Signal Modifications at Garfield St. & Warner Ave. - Gothard St. & Edinger Ave. and Edwards St. & Warner Ave. CC#'s 1232, 1233 & 1234 BOND Date (Not earlier than Construction Contract Date): May 16, 2007 Amount: ($187,453.00 ) One Hundred Eighty Seven Thousand Four Hundred Fifty Three Dollars and 00/100 Modifications to this Bond: El None ❑ See Page 3 `CONTRACTOR"AS PRINCI AL SURETY �. Coritpany: (Cor orate Seal) Company: (Corporate Seal) Travelers Casualty and Surety Company of KDC INC. D/B/A�DYN T America / Safeco nsurance Company of America _ Signature: Signature: 'Name and; Title /WIL&Rf DAVENPORT, CFO Name and Title: ita Sa stano Attorney -in -Fact (Any additional signatures appear on page 3) . ' ' (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer.or Richard F. Ferrucci & Associates, LLC other party): 1001 Franklin Avenue, Suite 208 Garden City, NY 11530 516-414-8900 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-19M 1 THIRD PRINTING • MARCH 1987 A P OVED AS TO F RIVI JE IF R cG T ,City AttorneyO ' 01 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to,the- Owner' for the performance ,of the Construction_ Contract, which is incorporated herein by reference. ' 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the ConstruC- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not naive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the'Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4,4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations udder this Bond, and the Owner shall be entitled to enforce anv remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construe tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of arty such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner_or its heirs, executors, administrators or successors. - 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related .subcontracts, purchase ,orders and other obliga- tions. C ". . 1. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased Working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. if the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 19&4 ED. - AIA J* THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, U.C. 20W6 A312-1984 2 THIRC PRINTING - MARCH 1987 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA 9 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 3 THIRD PRINTING • MARCH 1987 C=ALIFORNIA_ALL-PURPOSE ACKNOWLEDGMENT State of New York County of Nassau On May 16th, 2007 before me, Mary Alice J. Corbett, Notary Public, personally appeared Rita Sagistano, Attorney -in -Fact for Safeco Insurance Company of America personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. MAR LICE J. CORBETT Notary blic, State of New York No. 01 CO6020162 Qualified in Nassau County Commission Expires 02/22 I 44 r Insurance GENERAL INSURANCE COMPANY OF AMERICA FINANCIAL STATEMENT — DECEMBER 31, 2006 Assets Cash and Bank Deposits ........................................... $ 253,948 'Bonds—U.S Government .................................... 109,300,563 "Other Bonds........................................................... 1,762,368,994 'Stocks.................................................................... 330,107,924 RealEstate.................................................................... 0 Agents' Balances or Uncollected Premiums.......... 331,157,283 Accrued Interest and Rents.............................................26,229,903 Other Admitted Assets ........................................... 143,324,334 Total Admitted Assets ................................... 52.702.742.949 Liabilities Unearned Premiums .............................................. $ 492,678,051 Reserve for Claims and Claims Expense .............. 1,089,531,269 Reserve for Dividends to Policyholders ................ 1,475,259 Additional Statutory Reserve ................................ _ Reserve for Commissions, Taxes and Other Liabilities......................................................242,461,758 Total........................................................... $1,826,146,337 Capital Stock ................................ $ 5,000,000 Paid in Surplus................................170,891,058 Unassigned Surplus .................... 700,705,553 Surplus to Policyholders ............................. 876,596,611 Total Liabilities and Surplus...... C i Bonds are stated at amortized or investment value; Stocks at Association Market Values. Securities carried at $94,961,468 are deposited as required by law. w SEAL x � �'eofyVab�• I, TIM MIKOLAJEWSKI, Senior Vice -President of General Insurance Company of America, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2006, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 1st day of March, 2007. Senior Vice -President S-a85a 3M7 l: 2.._ ® A registered trademark of SAFECO CoMmaUon THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 6481625 (SA) / 104932294 JR) AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): KDC INC. D/B/A DYNALECTRIC 4462 Corporate Center Drive Los Alamitos, CA 90720 OWNER (Name and Address): SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America / Safeco Insurance Com an of America 343 Thornall Street, Edison, NJ 09837 / 1200 Macarthur Blvd., Mahwah, NJ 07430 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648-2702 CONSTRUCTION CONTRACT Date: May 14, 2007 Amount: ($187,453.00 ) One Hundred Eighty Seven Thousand Four Hundred Fifty Three Dollars and 00/100 Description (Name and Location): Traffic Signal Modifications at Garfield St. & Warner Ave. - Gothard St. & Edinger Ave. and Edwards St. & Warner Ave. CC#'s 1232, 1233 & 1234 BOND Date (Not earlier than Construction Contract Date): May 16, 2007 Amount: ($ 187,453.00 ) One Hundred Eighty Seven Thousand Four Hundred Fifty Three Dollars and 00/100 Modifications to this Bo d: El None ❑ See Page 6 CO, NTRACTOR AS PRI C[PAL SURETY Gomparly: -'i Corporate Seal) Company: (Corporate Seal) - - KDC INC. D/BZA D: E C Travelers Casualty and Surety Company of America / Safeco I surance C mpany of America r_ Signature:: Si nature Name^and"Tiil WILL' B. DAVENPORT, CFO (Any additional signatures appear on page 6) g Name and Title: ita Sagisfano Attorney -in -Fact (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect,. Engineer or Richard F. Ferrucci & Associates, LLC other party): 1001 Franklin Avenue, Suite 208 - Garden City, NY 11530 516-414-8900 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-19M 4 THIRD PRINTING • MARCH 1987 APP VED S TO O fE E McGRAT , CI Attorney 5� 2 4 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above. no- tice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is suffi- cient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- ed to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond no obli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- diction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last mate- rials or equipment were furnished by anyone under the Con- struction Contract, whichever of (1) or (2) first otcurs.-lf the provisions of this Paragraph are void or. prgh`ibited by law, the minimum period of limitation avaiia@i Ito sureties as a, defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or fhe Contractor shall be mailed or delivered to the address shown on the signature -page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other. legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W.. WASHINGTCN, D.C. 20006 A312-1984 5 THIRD PRINTING • MARCH 1987 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the 14 Upon request by any person or entity appearing to be a Contractor and the Contractor's subcontractors, and potential beneficiary of this Bond, the Contractor shall all other items for which a mechanic's lien may be promptly furnish a copy of this Bond or shall permit a copy asserted in the jurisdiction where the labor, materials to be made. or equipment were furnished. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor orwith a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA I& THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 6 THIRD PRINTING • MARCH 1987 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER .y r TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 213760 Certificate No. 001607259 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of. the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Richard G. Avery, Karen C. Bowling, Thomas Bean, Rita Sagistano, Gerard S. Macholz, Susan Lupski, Robert T. Pearson, Mary Alice J. Corbett, and Camille Maitland of the City of Garden City , State of New York , their trite and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their. business of.guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any "actions or proceedings allowed by law. 12th IN WITNF5S WHEREOF, the Compa%bi ooave caused this instrument to be signed and their corporate seals to be hereto affixed, this ecem er day of Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance' Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company O�su,��y ��pTMoy SlWE7y�Q, J r�rtE"a`y� ��N �krG .P jNSUgq ,i Jp�IY ANp iM^uagr 41�YAM0 �'.{�OW�HI � Y�� * �6 _ -I e, c0::........:9 �J ...'L ,• °j S� 3�f `Cp fa•D �y j i _'- . 0: i P HARiFORD i �t>0. 1891i t5` SEAL:;" CONN. o � N• J8 N CO,F State of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President 12th December 2006 On -this the day of , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. Tai My Commission expires the 30th day of June, 2011. Marie C. Tetreault, Notary Public 58440-8-06 Printed in U.S.A. WARNING: THIS POWER OF ATTOENEY IS INVALID WITHOUT THE RED This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer. the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond. recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her: and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is tiled in the office of the Secretary: and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President. the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary. any Assistant Secretary. and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company. St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Cgmpany.of;America:-and United States Fidelity and Guaranty Company do hereby certify that the ahove and foregoing is a true and correct copy of the Power of Atforney-executed by, sai&Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the -seals of said Companies this 16 th day of May 20 07. t, - Kori M. JohansAiAssi.stant Secretary G I,SUA stu>Ery AS3oitRE�6 �1• �1.N �M ' + �Q -kINS Y tY 4ly - c � _ ....... o , r� n sun tY q J �ETy Or V" �I �- � * 4 �P� aPOR (, :• m ti�fitFOt[Q i 6 '�"^•W 'b n � tliPORA1l'D g "•}. ms �r � m W %co F ; - `° �_.. Oy � 1982 0 1977 1927 � a �;- t •a __ .,,: a iaarFoao, a. z c • { 1951 J` �' SE AL io: SEAL t '". 'c: W CONN. t oatu+ e N 1996 %d��aa � � y�, # � � c of ��:•.. - ', , ��' s i� of �;;;•�,. ��' df........�a+ ><d•.. c• i e n a t 0 AIN� To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.stpaultra\,elersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of New York County of Nassau On May 16th, 2007 before me, Mary Alice J. Corbett, Notary Public, personally appeared Rita Sagistano, Attorney -in -Fact for Travelers Casualty and Surety Company of America personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. MA ALICE J. CORBET1J Nota ublic, State of New York No. Ot C06020162 Qualified in Nassau Coun Commission Expires 02122�rt djc�-'t6 r TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 00183 FINANCIAL STATEMENT AS OF DECEMBER 31, 20D6 CAPITAL STOCK $ 6,000,000 CASH & INVESTED CASH $ 114,080,791 UNEARNED PREMIUMS $ 724,600.436 BONDS 2,912,711,671 LOSSES 872.911.753 STOCK 14.865,186 LOSS ADJUSTMENT EXPENSES 1 128,785.154 INVESTMENT INCOME DUE AND ACCRUED 34,978,331 COMMISSIONS 28,073,926 PREMIUM BALANCES 166,167.298 TAXES. LICENSES AND FEES 21.233.762 REINSURANCE RECOVERABLE 3.964,977 OTHER EXPENSES 30.823.925 NET DEFERRED TAX ASSET 42.796,290 DIVIDENDS 7,086.280 CEDED DEPOSIT ASSET 6,134,822 CURRENT FEDERAL AND FOREIGN INCOME TAXES 38,726,832 STATE SURCHARGES RECEIVABLE 149,430 CEDED REINSURANCE NET PREMIUMS PAYABLE (4,981.682) OTHER ASSETS (4,414,060) FUNDS HELD UNDER REINSURANCE TREATIES 99,054.332 AMOUNTS WITHHELD / RETAINED BY COMPANY FOR OTHERS 36.095,839 REMITTANCES AND ITEMS NOT ALLOCATED 60.285,233 PROVISION FOR REINSURANCE 6,627,014 PAYABLE TO PARENT, SUBSIDIARIES & AFFILIATES 86,266,776 PAYABLE FOR SECURITIES 4,976,100 RETROACTIVE REINSURANCE RESERVE ASSUMED 20,845,771 OTHER ACCRUED EXPENSES AND LIABILITIES 119.334 TOTAL LIABILITIES $ 2.163.613.785 CAPITAL STOCK $ 6,000,000 PAID IN SURPLUS 303,297,402 OTHER SURPLUS 818,603,340 TOTAL SURPLUS TO POLICYHOLDERS $ 1.127,900,751 TOTAL ASSETS $ 3,291,414.536 TOTAL LIABILITIES & SURPLUS $ 3.291.414.636 STATE OF CONNECTICUT ) COUNTY OF HARTFORD ),SS. CITY OF HARTFORD ) LAWRENCE A. SIUTA, BEING DULY SWORN, SAYS THAT HE IS CHIEF FINANCIAL OFFICER - TRAVELERS BOND & FINANCIAL PRODUCTS, OF TRAVELERS CASUALTY SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 31st DAY OF DECEMBER, 2000. SUBSCRIBED AND SWORN TO BEFORE ME THIS 29TH DAY OF MARCH, 2007 P. NO��,f rp e r N 0TA RY P O!I f7 LC?\c4� Anna P. Nowik Notary Public My Commission Expires June 30, 2011 POWER OFATTORNEY KNOW ALL BY THESE PRESENTS: No. 13188 Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ***************RICHARD G. AVERY, THOMAS BEAN; KAREN BOWLING; MARY ALICE J. CORBETT; SUSAN LUPSKI; GERARD S. MACHOLZ; CAMILLE MAITLAND; ROBERT T. PEARSON; RITA SAGISTANO; Garden City, New York; KATHLEEN M. CRISTIANO; JOSEPH DOBKOWSKI, JR.; ADRIANNE SCALER& Mountainside, New Jersey"********* 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 24th day of August 2006 Ap� a6l_` STEPHANIE DALEY-WATSON SECRETARY TIM MIKOLAJEWSKI SENIOR VICE-PRESIDENT SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of,the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof," [,Stephanie Daley -Watson 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, 1 have hereunto set my hand and affixed the facsimile seal of said corporation this 16th day of May 2007 COMp,,� cPa'oR'rc ¢, J �• SEAL RUE SEAL-Jf� cax r 1953 1a23 aSTEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. S-0974/0S 4/05 WEB PDF RECEIVED BY: (Name) (Date) [L%, , Me Fu CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shar' reidenrich, City Treasurer FROM:<s%7YC DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. " Re: Tract No. (CompanyNa—me) 7-0 CC No. ,U ,-3d- AA ` -3 / /v b /—A,3/ MSC No. Approved o (Council Appro al Date) Agenda Item No. City Clerk Vault No.i oZ/m00% � #27 g1followup/bondletter.doc Council/Agency Meeting'Held: 212,01240 Deferred/Continued to: Approve ❑ Conditionally Approved ❑ Denied %SA.6420ci lervs Sign t re KT Council Meeting Date: 2/20/2007 Department ID Number: PW 07-010 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBER SUBMITTED BY: PENELOPE CULBRETH-GRAFT, DPA, CITY ADMINISI PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR OF PUBLIC SUBJECT: Award Traffic Signals Modifications at Edinger/Gothard, Warner/Gothard and Warner/Edwards Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Traffic Signal Modifications project was advertised and five bids were received on January 16, 2007. One bid was not responsive due to license requirements. Authorization is requested to reject the apparent low bidder as non- responsive and award the project to the next lowest bidder. Funding Source: Funds in the amount of $162,530 have been allocated from Federal and State sources through the Hazard Elimination Safety (HES) program, HES Fund, Traffic Signal Modifications, Traffic Improvements, 81490007.82700. Gas Tax funds of $20,500 are budgeted as matching cost contribution, however that amount is insufficient to complete the project. The, amount of $150,000 will be reallocated from a Gas Tax Traffic Signal Installations project 20790007.82700. The project cost, including purchase of equipment, will be $333,000. The engineer's initial estimate for construction in 2002 was $170,000. Recommended Action: Motion to: 1. Approve the project plans and specifications for the Traffic Signals at Gothard Street and Warner Avenue, CC-1232; Gothard Street and Edinger Avenue, CC-1233; and Edwards Street and Warner Avenue, CC-1234. 2. Declare the apparent low bid from Terno Inc. as non -responsive; 3. Accept the lowest responsive and responsible bid submitted by Dynalectric in the amount of $187,453. 4. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids and direct staff to readvertise or abandon the project. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 2/20/2007 DEPARTMENT ID NUMBER: PW 07-010 Analysis: These three intersections have been found eligible for funding under the Hazard Elimination Safety program administered by the Federal Highway Administration and the California State Department of Transportation. Construction work consists of installing east -west protected left turn arrows at Gothard Street and Warner Avenue, installing north - south left turn arrows at Gothard Street and Edinger Avenue and installing east -west protected left turn arrows at Edwards Street and Warner Avenue. This work will include the installation of new traffic signal poles, signal heads and conduit installation required to accomplish the proposed operation. Bids were opened publicly on January 16, 2007 and are listed in ascending order: Bidder Submitted Bid 1 Terno, Inc. $177,883 2 Dynalectric $187,453 3 Freeway Electric $188,996 4 MSL Electric $237,480 5 Christopher R. Morales, Inc. $244,896 Terno, Inc. did not satisfy required licensing qualifications and, therefore, was non- responsive. Acceptance of the lowest responsive and responsible bid will leave an estimated budget shortfall of $150,000. This shortfall is attributed to the fact that the original funding applications were submitted in 2002 and there have been significant construction cost escalations since that time. There are also new requirements for conformance with the Americans with Disabilities Act. The requirement for additional funding requires that the two traffic signal modifications at Center Avenue at Pacific Plaza, and Edwards Street at Heil Avenue will be postponed until next fiscal year. Due to current staffing considerations, these two projects would not be completed prior to September 2007. The reference check for Dynalectric provided other elements of their bid were found to t Therefore, staff recommends that the City Cc lowest responsive and responsible bidder. acceptable responses from past clients. All in compliance with bidding requirements. uncil accept the bid from Dynalectric as the Public Works Commission Action: The Public Works Commission recommended the project on August 16, 2006, by a vote of 4-0-3 (Commissioners Hart, Harlow and Scheid absent) -2- 2/5/2007 9:53 AM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 2/20/2007 DEPARTMENT ID NUMBER: PW 07-010 Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15303 (c). Attachment(s): -3- 2/5/2007 9:53 AM ATTACHMENT #1 rm CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING TRAFFIC SIGNAL MODIFICATIONS Fig GOTHARD AND WARNER, GOTHARD AND EDINGER & EDWARDS AND WARNER RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Award Construction Contract for Traffic Signals at Gothard/Warner, Gothard/Edin er and Edwards Warner COUNCIL MEETING DATE: February 20, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Ap licable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Ap licable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached Not Ap licable ❑ Bonds (If applicable) Attached Not plicable Staff Report (If applicable) Attached ❑ Not Applicable Commission, Board or Committee Report (If applicable) Attached Not Ap licable Findings/Conditions for Approval and/or Denial Attached EZ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED ., ;FORWARDED Administrative Staff (W- Deputy City Administrator Initial City Administrator Initial City Clerk RCA Author: Janusz:jg - co Goad �J,4.- O Goy K- k Cc- 333 BID DATE: �/6 a o o -7- TIW oZ Engineer's Estimate: $ ort B1D LIST BMDER-SNAM -RANK-- TOTAL BLD"OLWTf 60 2. 3. 4. 5.Z A�. $ p p 06 ,a0 6. $ 7. $ 8. $ 10. $ 11. $ 12. $ 13. $ 14. $ C, o C91 1A 3 3 � ,6 /,A 3 L// C:) Ln 15 C-f C*j iR min n 14 6S --I W8 9 1 NVP LOOZ 00 1? W8 91 NVP tool Ilk 1 03 A 130 3 a 03 Ai'�33b J CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 1 90 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Joan L. Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: December 11, 2006 Project/C.C. No.: C.C. No. 1232, 1233 & 1234 Regarding: Traffic Signal Modifications ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # I -Copies Pages 1 1 1 Notice Inviting Sealed Bids for CC-123Z 1233 & 1234 (Traffic Signal Modifications at Gothard Street & Warner Avenue, Gothard Street & Edinger Avenue and Edwards Street & Warner Avenue) These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For reviewicomment ❑ Other: Remarks: Per Resolution 2006-56 (adopted on September 5, 2006), the City Council authorized the advertisement of the above listed traffic signal modifications project. Please find attached the Notice Inviting Sealed Bids for advertisement on 12/14/06, 12/21/06 & 12/28/06. The bid opening is scheduled for 1/16/07. Please contact me at 374-1628 with any questions you may have. c: fife By: William F. Janusz, cipal Civil Enjo& GATRANsporrAnON DrnsioN\EscunA\SAmrix ADVERTISEMENT FOLDER\NISB TRANSMITAL To QxRK-CC-1232,1233 & 1234.Doc NOTICE INVITING SEALED BIDS for CC-1232,1233 & 1234 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PM on January 16, 2007, at which time bids will be opened publicly and read aloud in the Council Chambers for the Traffic Signal Modifications at Gothard Street & Warner Avenue, Gothard Street & Edinger Avenue and Edwards Street & Warner Avenue in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting December 14, 2006 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $30.00, sales tax included, if picked up or $40.00 if mailed (bidder shall pay additional costs for special delivery). Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and 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 5th day of September 2006, by RESOLUTION 2006-56. Joan L. Flynn City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 NISB-CC-12732, 1233 & 1234.doc u� cra# _ >��/ ��0,6 NOTICE INVITING SEALED BIDS �%104C for CC-1232,1233 & 1234 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PM on January 16, 2007, at which time bids will be opened publicly and read aloud in the Council Chambers for the Traffic Signal Modifications at Gothard Street & Warner Avenue, Gothard Street & Edinger Avenue and Edwards Street & Warner Avenue in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting December 14, 2006 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $30.00, sales tax included, if picked up or $40.00 if mailed (bidder shall pay additional costs for special delivery). Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and 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 5th day of September 2006, by RESOLUTION 2006-56. Joan L. Flynn City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 NISB-CC-12732, 1233 & 1234.doc 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 HUNTINGTON 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 issue of said newspaper to wit the Issue(s) of: DECEMBER 14,21'12812006 declare, under penalty of perjury, that the foregoing is true and correct. Executed on DECEMBER 28,2006 at Costa Mesa, California. Signature NOTia INMG SEALED JlDS for- f(-1232,1233.81234 Notice is hereby gives that sealed bids .will bi received by the City o Huntington Beach at thi office of the City Clerl at City )call, 2000 Mah Street, Huntingtoi Beach, CA 92648, unti the hour of 2:00 PM or January 16, 2007, a' I which time bids will bi opened publicly am read aloud in the Coun i cil Chambers for thi Traffic Signal Modlfl cations at Gotham Street 8 Warner Ave Rue, Gethard Street a Edinger Avenue anc Edwards Street 8 Warner Avenue in thi City of Hunfingtor Beach. A set of plans, specifications, and con tract documents may bE obtained starting De camber 14, 2006 ai City Hall, Department o- Public Works upon re ceipt of a non- refundable fee o $30.00, sales tax in cluded, if picked up of $40.00 if mailed (bid. der shall pay additiona costs for special deliv ery). .Each bid shall be made on the Proposa Form provided in the contract documents. and shall be accomp& nied by a certified of cashier's check or'a bid band for not less than 10% of the amount of the bid, made payablE to the City of Hunting- ton Beach. The Contrac- tor shall, in the per- fotmance of the work and improvements, con- form to the Labor Code of the State of Califor- nia and other Laws of the State- of California applicable thereto, with the exception only of such variations that may be required. under the special statutes pur- suant to which proceed- ings hereunder are tak- en and which have not been superseded by the provisions of the Labor Code. Preference to la- bor shall be given -only in the manner provided by law. No bid shall be consid- ered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder ,must be licensed and as required bylaw. . The City Councilof the City of ,,, H'untington Beach reserves the right to reject any'or'all bids By order of the City Council of the City of Huntington Beach, Cali- fornia the Sth day of September 2006, by RESOLUTION 2006-56. Joan L. Flynn City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 Published Huntington Beach- "Independent De- cember 14, 21, 28, 2006 122-891 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 HUNTINGTON 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 issue of said newspaper to wit the Issue(s) of: DECEMBER 1 4, 2,1`° 28, 2006 declare, under penalty of perjury, that the foregoing is true and correct. Executed on DECEMBER 28,2006 at Costa Mesa, California. I_J W_e" Signature NOTICE nuEMIS sEWn BIDS for CC-1232,1233 & 1234 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall; 2000 Main Street, Huntington. Beach, CA- 92648, until the hour of 2:00 PM on January 16, 2007, at which time bids will he opened publicly and read aloud 'in' the Coun- cil Chambers for the Traffic Signal Modifi- cations at Gothard Street & Warner Ave- nue, Gofhard Street & Edinger Avenue and Edwards Street 8 Warner Avenue in the City of Huntington Beach. A set of plans, specifications, and con- tract documents may be obtained starting De- cember 14, 2006 . at City Hall, Department of Public -Works upon re- ceipt of a non- refundable fee of $30.00, sales tax in- cluded, if picked up or $40.00 if mailed .(bid- der shall pay additional costs for' special deliv- ery): Each bid shall be made on the Proposal Form provided in" the contract documents, and shall be accompa- nied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Hunting- ton Beach. The Contrac- tor shall, in the per- formance of the work and improvements, con- form to the Labor Code of the State of Califor- nia .and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pur- suant to which proceed- ings hereunder are tak- en and which have not been superseded by the provisions of the Labor Code. Preference to la- bor shall be given only in the manner provided by law. No bid shall be consid- efed unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is. made in accordance with the provisions, of the proposal requirements. Each bidder must be licensed and 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, Cali-' fornia the 5th day of' September 2006, by i RESOLUTION 2006-56. Joan L. Flynn City Clerk of the City of Huntington Beach 2000 Main Street. (7I4) 536-5431 Published Huntington Beach Independent De- cember'14, 21, 28„ 2006 122-§91 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK June 13, 2007 Christopher R. Morales, Inc. 15100 E. Nelson Ave. Industry, CA 91744 RE:CC-1232, CC-1233, CC-1234 —Traffic Signal Modifications CALIFORNIA 92648 Enclosed please find your original bid bond for CC-1232, CC-1233 and CC-1234. Sincerely, oan L. Flynn City Clerk JF:pe Enclosure g/followup/cashcont/returnbidbond.doc procedure #13 1 Telephone: 714-536-5227 ) EALED BID ---TRAFFIC SIGNAL 10DIFICATIONS AT GOTHARD STREET & DARNER AVENUE, GOTHARD STREET & DINGER AVENUE AND EDWARDS STREET & DARNER AVENUE. EDERAL NOS. STPLHG-5181 (151), STPLHG-5181 152) & STPLHG-5181 (153) v THE CITY OF HUNTINGTON BEACH 0 NOT OPEN WITH REGULAR MAIL .. YUU 1 JAN CITY CLERKcrr CITY OFC HUNTINGTON BEACH H ifl'; T 1N' CITY OF HUNTINGTON BEACH CITY CLERK 2000 MAIN STREET, 2ND FLOOR HUNTINGTON BEACH, CA 92648 SECTION C PROPOSAL for the Traffic Signal Modifications at Gothard Street & Warner Avenue, Gothard Street & Edinger Avenue and Edwards Street & Warner Avenue FEDERAL NOS. STPLHG-5181 (151), STPLHG-5181 (152) & STPLHG-5181 (153) CASH CONTRACT Nos. 1232, 1233 & 1234 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find �'`°'^� in the amount of $ �,O'I� nE �sd �"'"" 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 A Bidder's Signature 0 r C-2 Section C PROJECT BID SCHEDULE CASH CONTRACT Nos. 1232, 1233 & 1234 PROJECT BID: TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ ?-44, $0(o; oo TOTAL AMOUNT LUMP SUM BID IN WORDS: C-3 PROJECT BID SCHEDULE Estimated..... ........ ...... tkem :No Quantrty Item :With Unit Price Written rn Words Unrt Price Efended:Amouiif Traffic Signal at Gothard Street and CC-1232 Warner Avenue 1 1 LS Mobilization @ $ 60400. °o $ � Per LS 2 1 LS Traffic Control @ $ 00©.�'� $ 1, Per LS 3 1 LS Construction Survey Per LS 4 1 LS Monument Preservation @ $ 5 .0U $ Per LS 5 1 LS Modify Traffic Signal at Gothard St and Warner Ave. Per LS Subtotal -Traffic Signal Modification at Gothard Street and Warner Avenue $ i Total Amount Bid in Words: Note: the City will provide the controller & service cabinet, all poles, mast arms, luminaries, vehicle heads, pedestrian heads & push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, & fittings at no cost to the Contractor. Contractor to pick up materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at 714-375-5015. C- 3.1 5... E tu:nated. ........................::::::::::::::::::::::::......: :: . ...... ...... :::::::...........:::.. :...... :::: ::.:::::: 1f e � uan ::.................. Item: Witli:Uriif:Rice: W�itten.:►n.:�'4'ords:::::::: :::::::....... n►t .>Pr}ce....... xtepded. Amo.ut►t. Traffic Signal at Gothard Street and CC-1233 Edinger Avenue 1 1 LS Mobilization @ $ S'd $ SlaLXly✓o Per LS 2 1 LS Traffic Control Per LS 3 1 LS Construction Survey @ $ � c $ �vp, 07 Per LS 4 1 LS Monument Preservation Per LS 5 1 EA Construct Curb Ramp including adjacent gutter plate per Caltrans Standard Plan No. A88A, Case C @ $ 2,�o,d,� $ Per EA 6 1 EA Install Detectible Warning Surface in existing Curb Ramp per Caltrans Standard Plan A88A @ $ WOO $ Per EA 7 1 EA Grind Gutter Lip at base of Curb Ramp to conform with Caltrans Standard Plan A88A @ / aD Per EA 8 .1 LS Modify Traffic Signal at Gothard St. and Edinger Ave. @ $ N $ Sq (44 Per LS Subtotal - Traffic Signal Modification at Gothard Street and Edinger Avenue $ )G2-1%ai Totalr Bid in Words:�.� r 1 .Llki►. Note: the City will provide the controller & service cabinet, all poles, mast arms, luminaries, vehicle heads, pedestrian heads & push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, & fittings at no cost to the Contractor. Contractor to pick up materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at 714-375-5015. C- 3.2 .......... Esti:mate. ... ... . ....... ................ Item l+io Quantity :.. . Item With Uni(iPric . Writw I.n VYords Unit Prrce Extended Amount Traffic Signal at Edwards Street and CC-1234 Warner Avenue 1 1 LS Mobilization @ $ : app- $ SRq00 Per LS 2 1 LS Traffic Control @ Per LS 3 1 LS Construction Survey Per LS 4 1 LS Monument Preservation Per LS 5 2 EA Install Detectible Warning Surface in existing Curb Ramp per Caltrans Standard Plan A88A @ $ 500, a? $ j , DO C) Per EA 6 1 LS Modify Traffic Signal at Warner Ave and Edwards St @ $ Imo 11 $ i� Per LS Subtotal - Traffic Signal Modification at Edwards Street and Warner Avenue $� Total Amount Bid in Words: Note: the City will provide the controller & service cabinet, all poles, mast arms, luminaries, vehicle heads, pedestrian heads & push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, & fittings at no cost to the Contractor. Contractor to pick up materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at 714-375-5015. Filename G \Construction Contracts (CCs)\CC1232\13ID SCHED 1232.xis C- 3.3 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 1 1 f.'An6o4t S-r l , l3yz 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-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange L 1�1`�71�h�/ L�fGt\e� , being first duly sworn, deposes and says that he or she is of L�\ri,5E,OD�qr 9, 1-1OrkG (� 4,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. �. E I4'2p�TK- . ��ra `(5' Name of Bidder Signature of Bidder rL< Address of Bidder Subscribed and sworn to before me this day of lib, rm,L' , 201�� 1 NOTARY PUBLIC NOTARY SEAL C-s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of LOS ANGELES On 16 0,1 , before me, RAMON C. ARTEAGA Date Name and Title of Officer (e.g., 'Jane Doe, Notary personally appeared CHRISTOPHER R. MORALES Name(s) of Signer(s) LX personally known to me ❑ 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 RAMON C. ARrEAGA acknowledged to me that he/she/they executed Commission # 1655887 the same in his/her/their authorized -s Notary Public - California capacity(ies), and that by his/her/their Los Angeles county - signature(s) on the instrument the person(s), or My Comm. Expires Apr 29, 2010 the entity upon behalf of which the person(s) acted, executed the instrument. WIT S my hand and official seal. Place Notary Seal Above V Signature of Notary Public 117 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: CHRISTOPHER R. MORALES ❑ Individual Top of thumb here Corporate Officer — Title(s): PRESIDENT ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: CHRISTOPHER R. MORALES INC. 0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Tall -Free 1-800-876-6827 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Traffic Signal Modifications at Gothard Street & Warner Avenue, Gothard Street & Edinger Avenue and Edwards Street & Warner 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: `, of Contractor By Title C-6 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 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-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: �� - M Contractor By "C i L:, I. Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Pr '� �' � ("A Title Date: V \L'�- L27� 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-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name --- Business Address City, v State Zip Telephone Number �� 5 State Contractor's License No. and Class Original Date Issued �V 3o -01 Expiration Date The work site was inspected by 1 4� (r-\10of our office on 20-� The following are persons, firms, and corporations having a principal interest in this proposal: C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder �{ Printed or Typed Signature i Subscribed and sworn to before me this IL day of �i , 20(�`? 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: I 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California y ss. County of LOS ANGELES J On �.�� '1 before me, RAMON C. ARTFAGA Date Name and Title of Officer (e.g., 'Jane Doe. Notary Public") personally appeared CHRISTOPHER R. MORALES Name(s) of Signer(s) RAMON C. ARTEAGA Commission # 1655887 0 Notary Public - California Los Angeles County My Comm. Expires Apr 29, 201 Place Notary Seal Above personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he./she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ZS;y�handnd official seal. Signature of Notary Public 141 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: CHRISTOPHER R. MORALES ❑ Individual - Top of thumb here Corporate Officer —Title(s): PRESTDP.NT ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: CHRISTOPHER R. MORALES INC. © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 Christopher R. Morales, Inc. 15100 E. Nelson Ave., Industry, CA 91744, Phone: 626-968-3771, Fax: 626-968-5720 RE: REFERENCES -COMPLETED PROJECTS ➢ City of Stanton Katella Rose -Traffic Signal C-10 7800 Katella Ave. $141,900 Stanton, Ca 90680 Contact: Bob Doss (714) 379-9222 Date of Completion: June 1, 2006 Percentage performed by our own forces: 83% Project Manager: Jennifer Alvarez ➢ City of Hawthorne Prairie & Rosecrans-Traffic Signal C-10 4455 W. 126t" St. $147,900 Hawthorne, Ca 90250 Contact: JP (310)466-2372 Date of Completion: March 8, 2006 Percentage performed by our own forces: 97% Project Manager: Araceli Nieto ➢ County of Los Angeles San Bernardino @ Nora -Traffic Signal C-10 900 S. Fremont Ave. $79,255.50 Alhambra, Ca 91803 Contact: Luke Miller (626) 458-3122 Date of Completion: December 12, 2005 Percentage performed by our own forces: 97.4% Project Manager: Jennie Pittman ➢ City of Gardena Normandie Ave -Traffic Signal C-10 1700 W. 162nd St. $113,000 Gardena, Ca Contact: John Felix (310) 217-9643 Date of Completion: May 11, 2006 Percentage performed by our own forces: 91.5% Project Manager: Jennie Pittman ➢ City of Pasadena Lincoln Ave.- In -Fill Lighting C-10 117 E. Colorado Ave. $499,780 Pasadena, CA 91105 Contact: Reny Quijano (626) 744-4124 Date of Completion: February 2006 Percentage performed by our own forces: 100% Project Manager: Jennifer Alvarez ➢ City of La Mirada Rosecrans & Biola Ave. C-10 13700 La Mirada Blvd $88, 780 La Mirada, CA 90638 Contact: Gary Sanui (562) 902-2373 Date of Completion: December 2006 Percentage performed by our own forces: 100% Project Manager: Araceli Nieto ➢ City of Baldwin Park Los Angeles St. C-10 14403 E. Pacific Ave. $438,438 Baldwin Park, CA 91708 Contact: Arjan Idnani (626) 960-4011 Date of Completion: December 2006 Percentage performed by our own forces: 92% Project Manager: Araceli Nieto Local Assistance Procedures Manual 00 VJ 1, n XHIBTT 12-E - PS&E Checklist Instructions►ttachment G DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 13 1. Type of Federal Action: F] a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: Fla. bid/offer/application b. initial award c. post -award 4. Name and Address of Reporting Entity Prime Subawardee Tier , if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) s 12 14. 3. Report Type: a. initial b. material change For Material Change Only: year quarter_ date of last report 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ actual planned a. retainer b. one-time fee Form of Payment (check all that apply): c. commission ea. cash d. contingent fee b! in -kind; specify: nature e deferred value f. other, specify Brief Description of Services Performed or to be performed and Date(s) of Service, including oflicer(s), employee(s), or member(s) contacted, for Payment Indicated in Item I1: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes11 No El 16. Information requested through this form is authorized by Title n 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: ' was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. Print Name: _C'� V 5't`-O&fy u1orole-S 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject Title: K41,Z ki -4- to a civil penalty of not less than S 10,000 and not more than $100,000 for each such failure. Telephone No.: fOS-3771 Date: I 0 7 Federal Use Only: Jtandard hortn LLL Rev1/9-12-97 Authorized for Local Reproduction Standard Form - LLL Page12-87 LPP 01-04 March 15, 2001 Local Assistance Procedures Manual PS&E Checklist Instructions The bidder EXHIBIT 12-E Attachment C (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE APART OF THIS PROPOSAL) subcontractor EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION O✓ ,proposed hereby certifies that he has, has not_, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Conunittee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified.by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Page 12-79 LPP 01-04 March 15, 2001 -EXHIBIT 12-E Local Assistance Procedures Manual Attachment G PS&E Checklist Instructions INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE=90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. Page 12-88 March 15, 2001 LPP 01-04 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIB'T. 12-E Attachment G 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev.06-04-90,,ENDIF» Page 12-89 LPP 01-04 March 15, 2001 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Traffic Signal Modifcations at Gothard Street & Warner Avenue, Gothard Street & Edinger Avenue and Edwards Street & Warner Avenue FEDERAL NOS. STPLHG-5181 (151), STPLHG-5181 (152) & STPLHG-5181 (153) CC Nos. 1232, 1233 & 1234 January 5, 2007 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: The Federal Labor Rates contained in Appendix I of the specifications for the: Traffic Signal Modifcations at Gothard Street & Warner Avenue, Gothard Street & Edinger Avenue and Edwards Street & Warner Avenue shall be replaced with the following attached documents: 1) FEDERAL LABOR RATES DATED DECEMBER 29, 2006 The Federal Labor Rates dated DECEMBER 29, 2006 shall be the labor rates in effect for the subject project. This is to acknowledge receipt and review of Addendum Number One, dated January 5, 2007. Company Nam 1 (0- Date L � By All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William Janusz at (714) 536-5431. 4Glp� INSCO INSURANCE SERVICES, INC. insc%iCO Underwriting Manager for: p Developers Insurance Company • Indemnity Company of California Developers Surely and Indemnity Company 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 • , . KNOW ALL MEN BY THESE PRESENTS, That we,_--_--CHRISTOPHER R. MORALES, INC. - - - -------------- ---------------------------------------------------------------- as Principal, and _____ _ DEVELOPERS SURETY AND INDEMNITY COMPANY authorized to transact a general surety business in the State of -IOWA bound unto CITY OF HUNT INGTON BEACH ------------------------------------ I 1901111101 tea N/A a corporation as Surety, are held and firmly ---_--(hereinafter called the Obligee) in the full and just sum of --- TEN -PERCENT -OF THE AMOUNT OF THE BID ----------------------------- Dollars, ($__10% OF BID ----) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for TRAFFIC SIGNAL MODIFICATIONS AT GOTHARD STREET AND WARNER AVENUE NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, or in the event of the failure of the Principal to enter such Contra ct, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 10thday of _ JANUARY------__- 2007 YEAR CHRISTOPHER R. MORALES, INC. DEVELOPERS SURETY AND INDEMNITY COMPANYI n Surety C. i� a 5 t o Fher f1/� o (alas Principal SHAWN BLUME Attorney -in -Fact ID-1198 (Bid Bond) (REV. 12100) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of RIVERSIDE On 1 110101 , before me, Date personally appeared SHAWN BLUME R. CISNEROS COMM. #1488731 NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY ^•�M Comm. Ex ires June 7, 2008 ss. R. CISNEROS "NOTARY PUBLIC" Name and Title of Officer (e.g.. "Jane Doe. Notary Public-) Name(s) of Signer(s) x-7 personally known to me D proved to me on the basis of satisfactory evidence to be the person whose name(a'j is/aft.— subscribed to the within instrument and acknowledged to me that he/sheer executed the same in his/hefAtr tF authorized capacity(io-s+, and that by his/I} 4+heir signature(�on the instrument the person(.%), or the entity upon behalf of which the personV,' acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: _ rJ 1999 National Notary Assocolion • 9350 De Soto Ave. P.0 Bo, 2402 • Chalswonn. CA 9131E-2402 • ww,. neliunalnolaryorg Prod No. 5907 Reorder Call TollPee1 800-876 6827 POWER OFATrORNEYFOR DEVELOPERS SURE•rY•• AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BUS 19725, IRVINE. CA 92623 (949) 263-3300 KNOW ALL MEN BY ITIESI: PRESENTS, that except as expressly limited, DFVI-LOPLRS SURETY AND INDI'MNITY COMPANY and INDIItv1Nl1'Y COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Michael D. Stong, Susan C. Monteon, Rosemary Cisneros, Shawn Blume, jointly or severally*** as their true and lawful Alloiney(s)-in-Fad. to make, execute. deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts ofsurctyship giving and grantnlg Unto said Attot'mey(5)-tat-fact full power and audionty to do and (o pertortn every act necessary, reyuisit•- or Proper to be dune In connection therewith as each of said corporations could du, but reserving to each of said corporations bill power of Substitution and revocation, and all of die acts of said:Attomey(s)-in-Fact. PUrsmmt to these presents. arc hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the billowing resolutions adopted by the respective Board of Directors of DI[VFLOPfiRS SURI TY.AND INDhMNII Y COMPANY and IND KiNH Y COMPANY OF ( ALWORNIA, effective as of November 1. 2000: RESOLVED, that the Chainnan of the Board. the ['resident and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers ufAuorrnv, yuality'ing the attomcy(s) named in the Powers of Anornev to execute. on behalf of the cotporauons, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER. that (he signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating [hereto by Facsimile, and any such Power of Attorney or certificate hearing such facsimile signatures shall be valid and binding upon the corporation when so atlixed and in the linurc with respect to any bond. unde raking or contract of suretyship to which It is attached IN \VI"rNIISS W'HI:RI:OF, DF.VFLOPI RS SURETY AND INDF.MNITY CON1PANY and INDFN-INITY COMPANY' OF CALIFORNIA have scscrally Caused these presents to be signed by their iespecuve L.xecutivc Vice ]'resident and attested by their respective Secretary this Ist day of December• 2005. By: —� AND PANY David H. Rhodes. Executive Vice -President Walter A. Crowell. Secretary STALL• OF C11_1FORNIA COUN"fY OF ORANGE �A /NO OM O, a y; Al OpPORq < ? =� OCT. ':<= z OCT.5 10 ;�' w 1967 • .. . On December I. 2005 before me, Gina L. Gamer, Notary Public (here insCrt name and title of the at9icer). personally appeared [),avid H. Rhodes and Walter A. Crowe]]. personally known I(, me for proved I(, me on the basis of satist;ac(ur• evidence) to be the persons) whoa namc(sI is'are subscrihed to the within insiminent and acknowledged to nic that hershc/they executed the same in his'he'thcnr tuttiorized capacav(tcs). and that by his nccrAheir signatures) tin the insrrunieni the person(s), of the entity upon behalf of -which the persons) acted, e.xcetned the instnlment. W fIN1:SS my hand and official seal Signature 6n" GINA L. GARNER a COMM. # 1569561 a (SEAL) NOTARY PUBLIC CALIFORNIA 3 ORANGE COUNTY ' My comm. expires May 13, 2lH)9 CER"I IF1C.`,"rE The undersigned, as Assist:un Secrctar, of 0IiVkL01'ERS SURF I'i AND INDEVINII ) CO-MPANY and INDEMNI I Y CONIPANY I W CALIFORNIA, does hereby certify that the. foregoing Power of Auomev rcnmins in Lull force and hits not been revoked. and tiarlhermurc, that the provisions of the resolutions of the respective Boards of Directors of said corpoi iirons set forth in the I'omvcr of : nunrey, are in force as of the date of this Certificate. Phis CcrtitieatC is executed tit the Clly of In inc, Carlifiunia, the �_ day ofh+'� .L) Albert Ilillebiand, Assistant Secretar) ID-1380(Re% 1_2lO5) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of LOS ANGELES On L _ 0 before me, RAMON C. ARTEAGA Date Name and The of Officer (e.g., "Jane Doe, Notary Public") personally appeared CHRISTOPHER R. MORALES RAMON C. ARTEAGA Comml" ' # 1655887 Q,YN0j,03ry Public - Callfomla laAngeles County Comm. Expires Apr 29, 2010 Place Notary Seal Above F-'n personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the . within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WI TN my hand and offic'al seal. (,. 4L Signature of Notary Public OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: CHRISTOPHER R. MORALES ❑ Individual 21.1 Top thumb here M Corporate Officer — Title(s): PRES IDFNT ❑ Partner — ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: CHRISTOPHER R. MORALES INC. © 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK June 13, 2007 MSL Electric 4580 E. Eisenhower Cr. Anaheim, CA 92807 RE:CC-1232, CC-1233, CC-1234 —Traffic Signal Modifications CALIFORNIA 92648 Enclosed please find your original bid bond for CC-1232, CC-1233 and CC-1234. Sincerely, 0 (1+.A) Joan L. Flynn City Clerk JF:pe Enclosure g:/followup/cashcont/returnbid bond. doc procedure #13 (Telephone: 714-536-5227 ) SECTION C • PROPOSAL for the Traffic Signal Modifications at Gothard Street & Warner Avenue, Gothard Street & Edinger Avenue and Edwards Street & Warner Avenue FEDERAL NOS. STPLHG-5181 (151), STPLHG-5181 (152) & STPLHG-5181 (153) CASH CONTRACT Nos. 1232, 1233 & 1234 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in • the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be Quaranteed 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. is C-] 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 9%(k i3-301d in the amount of $ 10,% J 314 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: C7 (7) C-2 Section C • • • PROJECT BID SCHEDULE CASH CONTRACT Nos. 1232, 1233 & 1234 PROJECT BID: TOTAL AMOUNT LUMP SUM BID IN FIGURES: TOTAL AMOUNT LUeMP' SUM BID IN WORDS: _.. . aLA C-3 PROJECT BID SCHEDULE • • Esfimafed . .................................. ......... ..... .. . ..... ><Eem No Qua:ntrt� ::: Item :With Unit Price:Written m VV.ords Unit Price Exte.ndcd:Amount Traffic Signal at Gotbard Street and CC-1232 Warner Avenue 1 1 LS Mobilization @ $ Iwo.0o $ fo00.00 Per LS 2 1 LS Traffic Control @ $ as00 -©o $ 9'5aa. 00 Per LS 3 1 LS Construction Survey @ $ /OOn. PO Per LS 4 1 LS Monument Preservation @ $ %mod •oU $©Od.pO Per LS 5 1 LS Modify Traffic Signal at Gothard St and Warner Ave. @ $ • 1000, 00 $ a 1 )00 . GV Per LS Subtotal - Traffic Signal Modification at Gothard Street and Warner Avenue $ 5-Oo -0'3 Total Amount Bid in Words: F114U 4300 tljf1w Note: the City will provide the controller & service cabinet, all poles, mast arms, luminaries, vehicle heads, pedestrian heads & push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, & fittings at no cost to the Contractor. Contractor to pick up materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at 714-375-5015. C- 3.1 �J r� U Estiitiated:................. ......... ... ....... .... . te::::: k . m .. No: t,: Quan. rty. . .. Item With Gait �riee:Written in Words. :; . .att.l?race .... ::t. ..Extended. Amn.un. . Traffic Signal at Gothard Street and CC-1233 Edinger Avenue 1 1 LS Mobilization @ $ 1o00.00 $MOO.00 Per LS 2 1 LS Traffic Control @ $ 9-5b0. 00 $ 270.0� Per LS 3 1 LS Construction Survey @ $ 1500.00 $ Per LS 4 1 LS Monument Preservation @ $ /CW • 00 $ / c1o0.00 Per LS 5 I EA Construct Curb Ramp including adjacent gutter plate per Caltrans Standard Plan No. A88A, Case C @ $ � 000.00 $ b000- 0 0 Per EA 6 I EA Install Detectible Warning Surface in existing Curb Ramp per Caltrans Standard Plan A88A @ $ 13oo .00 $ 36a ,�o Per EA 7 1 EA Grind Gutter Lip at base of Curb Ramp to conform with Caltrans Standard Plan A88A @ $ goo -00 $ "�d-000.00 Per EA 8 1 LS Modify Traffic Signal at Gothard St. and Edinger Ave. @ $(31090,00 $ / 31 MO. L Per LS Subtotal - Traffic Signal Modification at Gothard Street and Edinger Avenue $ 1(16.t 090- 00 Total Amount Bid in Words: KkxJ—(e Note: the City will provide the controller & service cabinet, all poles, mast arms, luminaries, vehicle heads, pedestrian heads & push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, & fittings at no cost to the Contractor. Contractor to pick up materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at 714-375-5015. • C- 3.2 • ... ...... Esfimated . .... .... ... . . ....... ... ..... . . .. ... . . . . ......... . .. ...... . ....... ... .. ....... ... . .... ........ Item No Qyantit Item With Unit Pr1ce:Written tn.V1'ords Unit Price Extended:Amount Traffic Signal at Edwards Street and CC-1234 Warner Avenue 1 1 LS Mobilization Per LS 2 1 LS Traffic Control @ $ a5yv.yO $ -Vp,00 Per LS 3 1 LS Construction Survey @ $ /000.00 $ /000.O0 Per LS 4 1 LS Monument Preservation Per LS 5 2 EA Install Detectible Warning Surface in existing Curb Ramp per Caltrans Standard Plan A88A @ $ 1300,00 $ ,no Per EA 6 1 LS Modify Traffic Signal at Warner Ave and Edwards St @ $ SG,79O.o $ _ 17T- oa Per LS Subtotal - Traffic Signal Modification at Edwards Street and Warner Avenue $ 7Of $9,0. Ov Total Amount Bid in Words: t - '�d 2t! ��" 4J1 1 ,V,Ae "ZtV-" i> Note: the City will provide the controller & service cabinet, all poles, mast arms, luminaries, vehicle heads, pedestrian heads & push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, & fittings at no cost to the Contractor. Contractor to pick up materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at 714-375-5015 Filename: G:\Construction Contracts (CCs)\CC1232\BID SCFED 1232xis C- 3.3 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 s re, .4 9')rlb� ss3 C 3�Go9� C3� C 3� Sua V-0 CMe o 1W OL co"aft 6 %a?-2 72-oo/i, By submission of this proposal, the Bidder certifies: 1. That he 'is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 • NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss County of Orange WARREN L. MOORE , being first duly sworn, deposes and says that he or she is PRESIDENT of MSL ELECTRIC, INC. the party snaking 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. MSL ELECTRI , INC. WARREN L. qbORE, PRESIDENT Name of Bidger Signature of Bidder 4580 E. EISENHOWER CIRCLE ANAHEIM, CA 92807 Address of Bidder Subscribed and sworn to before me this I ITH day of JANUARY 2007 R. CYNTHIA S. WOZNEY a• COMM. #1670733 rr, Notary Public-Califomia ORANGE COUNTY • My Comm. Exp. June 25, 2010 NOTARY PUBLIC CYNTHIA S. WO EY NOTARY SEAL C-5 UTILITY AGREEMENT • HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the perfornlance of the work specified in the contract, known as the Traffic Signal Modifications at Gothard Street & Warner Avenue, Gothard Street & Edinger Avenue and Edwards Street & Warner 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: l 16 017 U Contractor Title C-6 DISQUALIFICATION QUESTIONNAIRE • In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes XNo If the answer is yes, explain the circumstances in the space provided. • • Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works • contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. • Date: I I ( 6 /6� • Con an Pus Title C-8 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: lyis ( &Ce-C Ty'C , C Contractor • By Title Date: Note: This form is required for ever, 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-9 BIDDER'S INFORMATION 0 0 BIDDER certifies that the following information is true and correct: - Bidder Name Business Address City, l > 613 elephone Number 37 CA - State Zip �aySv C�c� State Contractor's License No. and Class 7/D/ Original Date Issued 03 1(0 -7 Expiration Date 0-7 The work site was inspected by Z/ ky J L 440440"of our office on 1 / , 2007 The following are persons, firnis, and corporations having a principal interest in this proposal: C-10 U • 0 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. Companv N Signature of 13'i"dder Coed - Printed or Typed Signature �' D. J. PICARD Subscribed and sworn to before me this & day of J%41'tlw ;l 52067 COMM. #1690402 M Notary Public Califomia e ORANGE COUNTY My Comm. Exp. Aug 28, 2010 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: I Ld—) &-'o C' (' - Name and Address of Public Agedy Name and Telephone No. of Project Manager: 4 Contract Amount o f'v' Type of Work Date Completed Name and Address of Public Agency (/ Name and Telephone No. of Project Manager: GQ VV W b1110 % o0ono . 0 J Contract Amount Type of Work Date Completed C (1 Name and I of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work 1l do( Date Completed C-11 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Traffic Signal Modifcations at Gothard Street & Warner Avenue, Gothard Street & Edinger Avenue and Edwards Street & Warner Avenue FEDERAL NOS. STPLHG-5181 (151), STPLHG-5181 (152) & STPLHG-5181 (153) CC Nos. 1232, 1233 & 1234 January 5, 2007 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions: The Federal Labor Rates contained in Appendix I of the specifications for the: Traffic Signal Modifcations at Gothard Street & Warner Avenue, Gothard Street & Edinger Avenue and Edwards Street & Warner Avenue shall be replaced with the following attached documents: 1) FEDERAL LABOR RATES DATED DECEMBER 29, 2006 The Federal Labor Rates dated DECEMBER 29, 2006 shall be the labor rates in effect for the subject project. This is to acknowledge receipt and review of Addendum TY ated January 5, 2007. - i AA S L Z LEC —I t. C. � ]-"/C - Company Name 1 I D (-7 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William Janusz at (714) 536-5431. North American Specialty Insurance Company Manchester, New Hampshire 03101 :11 P : s KNOW ALL MEN BY THESE PRESENTS, That We, MSL ELECTRIC, INC. Of ANAHEIM, CALIFORNIA Insurance Company, of Manchester, New licensed to do business in the State as Principal, Hampshire, as Surety, a Of CALIFORNIA and North American Specialty New Hampshire corporation duly are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the penal sum of TEN PERCENT OF THE TOTAL AMOUNT BID--- Dollars ($ 10%--- ), for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted, or is about to submit, a proposal or a bid to the Obligee on a contract for TRAFFIC SIGNAL MODIFICATIONS AT GOTHARD STREET, WARNER AVENUE, GOTHARD STREET & EDINGER AVENUE AND EDWARDS STREET & WARNER AVENUE. FEDERAL NOS.STPLHG-5181 (151), STPLHG-5181 (152) & STPLHG-5181 (153) NOW, THEREFORE, if the aforesaid principal shall be awarded the contract, the said principal will within the period specified therefore, or, if no period be specified, within ten (10) days after the notice of such award into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void, otherwise the principal and the surety will pay unto the obligee the difference in money between the amount of the bid of said principal and the amount for which the obligee may legally contract with another party to perform the work if the latter amount be in excess of the former; in no event shall the liability hereunder exceed the penal sum hereof. PROVIDED AND SUBJECT OF THE CONDITION PRECEDENT, that any suits at law or proceedings in equity brought or to be brought against the Surety to recover any claim hereunder must be instituted and serviced upon the Surety within ninety (90) days after the acceptance of said bid of the Principal by the Obligee. Any person who, with the intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. SIGNED, SEALED AND DATED this 11TH day of J ADDRESS ALL CORRESPONDENCE TO: North American Specialty Ins. Co 701 S. Parker St. Suite 3800 Orange, CA 92868 . MSL ELECTRI P , INC. Principal By: 2007 WARREN L. MOORE, PRESIDENT North American Specialt urance Company By: BND 140 S REV (05/95) D. J . PICARD, vAtt&ney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On JANUARY 11, 2007 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME. TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC' personally appeared WARREN L. MOORE NAME(S) OF SIGNER(S) 0 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 CYNTHIAS.wOZNEY signature(s) on the instrument the person(s), " -,. COMM. #1570733 w. or the entity upon behalf of which the ;�, Notary Public ralifomia '�t'.f ORANGE COUNT � person(s) acted, executed the instrument. My Comm. Exp. June 25, 2010 WITNESS my hand and official seal. OPl 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 PRESIDENT TFTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) El GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTTTY(IES) MSL ELECTRIC, INC. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT I NUMBER OF PAGES JANUARY 11, 2007 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On JANUARY 11, 2007 DATE before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC NAME. TITLE OF OFFICER - E.G..'JANE DOE. NOTARY PUBLIC' personally appeared D.J. PICARD 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 CYNTHIA S. WOZNEY capacity(ies), and that by his/her/their #137g733 M signature(s) on the instrument the person(s), r•'{ NutaryPub)Io-Ca)If°mla or the entity upon behalf of which the *% 1` ORANGE COUNTY Mycomm. Exp:.iune25,2010 person(s) acted, executed the instrument. WITNESS my handAgd official seal. TUBE 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 O ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTTTY(I£S) NORTH AMERICAN SPECIALTY INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT BID BOND 1 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES JANUARY 11, 2007 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: D. J. PICARD, TODD M. ROHM, SEJAL P. LANGE CATHY S. KENNEDY, BEATA A. SENSI and CYNTHIA S. WOZNEY JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of. TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24d' of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." \\\l\{1111H111ry//// //} .clstnst�..y,rr \��dcG\pl1rY /,p4tOHA( jCz_ � SEAL i Steven P. Andeerrson, President & Chief Executive officer of Washington Inlernational Insurance Company & 'CORPORATE t1 ^'�' c'M 1973 ti, c Vice President of North American Specialty Insurance Company z y SEAL 7 C C e %�,y•tiquvs�`�:a�o` yrreti nP�tcna ;�a�;: By F David rs1. Lx y ma n, Vice President of Wuhington International Insurance Company & Vice Pits idenI of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this I I th day of July 12006 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss On this I 1 th day of July , 20 06 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL SEAL" i SUSAN ANSEL Notary PvVic.Slalevttlinds Susan Ansel, Notary Public 11,y Comrnis5ion Exores 7412W6 I, James A. Carpenter the duly elected _ Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF. 1 have set my hand and affixed the seals of the Companies thisl 1TMay of JANUARY 20 07 James A Ca, pen- \'ice P—e den, & A, stain Scc reran of Wmh mgI on Imerni!ional Ins —in ce Coin pan, N onh Ameri cm Spen al,, Insurance Con, pnns CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK June 13, 2007 Freeway Electric P. O. Box 7745 Riverside, CA 92513 RE:CC-1232, CC-1233, CC-1234 —Traffic Signal Modifications CALIFORNIA 92648 Enclosed please find your original bid bond for CC-1232, CC-1233 and CC-1234. Sincerely, Joan L. Flynn City Clerk JF:pe enclosure g:/followup/cashcont/returnbid bond. doc procedure #13 ( Telephone: 714-536-5227 ) rr: �V: 1001 JAN 16 PM 1: 23 c� Fli.^r. J Bidder: Freeway Electric P.O. Box 7745 Riverside, CA 92513-7745 To: City of Huntington Beach Attn: City Clerk 2000 Main Street 2nd Floor Huntington Beach, CA 92648 Date of Bid: Tuesday, January 16, 2007 Time of Bid: 2:00p.m. Bid No. 1232, 1233, 1234 Project Desc: Traffic Signal Mod. @ Gothard St. & Warner Ave, Gothard St. & Edinger Ave. & Edwards St. & Warner Ave. BID ENCLOSED - DO NOT OPEN WITH REGULAR MAIL - AtW' SECTION C • PROPOSAL for the Traffic Signal Modifications at Gothard Street & Warner Avenue, Gothard Street & Edinger Avenue and Edwards Street & Warner Avenue FEDERAL NOS. STPLHG-5181 (151), STPLHG-5181 (152) & STPLHG-5181 (153) CASH CONTRACT Nos. 1232, 1233 & 1234 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in • the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices. set. forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. • C- l If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find ]i�4 A i3(hA in the amount of $ J 0 0176 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 /O C-2 • • • Estimated:::. _._.. _. _... ......_......_..._............. . . .Item .._.. _...... ...._.._............. No Quantity :.. . Item W>th Unit Price Written in Words Unit Price I. Extended Amount Traffic Signal at Edwards Street and CC-1234 Warner Avenue 1 1 LS Mobilization Per LS 2 1 LS Traffic Control @ �, �l1o�5 $ Per LS 3 1 LS Construction Survey @ fi L, L Per LS 4 1 LS Monument Preservation re- $ Per LS 5 2 EA Install Detectible Warning Surface in existing Curb Ramp per Caltrans Standard Plan A88A Per EA 6 1 LS Modify Traffic Signaal at Warner Ave and Edwards St L Per LS Subtotal - Traffic Signal Modification at Edwards Street and Warner Avenue $ 6 7, D b o Total Amount Bid in Words: Note: the City will provide the controller & service cabinet, all poles, mast arms, luminaries, vehicle heads, pedestrian heads & push buttons; internally illuminated street name'signs, emergency vehicle preemption sensors, block information signs, & fittings at no cost to the Contractor. Contractor to pick up materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at 714-375-5015. Filename: G:\Construction Contracts (CCs)\CC1232\BrD SCHED 1232.xls C- 3.3 .... ES 1 # mated : ...... . ..................... ........... ...... .......... ::::............: :::::::::::::::: ....... ::::: ... .. . ........ ..... ::::::::::::::::::::::: I.. N.. .... _ .....Q._ .....t.,.. it ... y. .... ... .. ......... Item With Unif.Pric:e_'Writtep.in )'Voids.: it :: e n►t.Pr�c ..... . : Traffic Signal at Gothard Street and CC-1233 Edinger Avenue 1 1 LS Mobilization i @ / � V U S ` $ J6 roQ $_ I0,6 oO — Per LS 2 1 LS Traffic Control Per LS 3 1 LS Construction Survey {% Per LS 4 1 LS Monument Preservation A @ �iLL �./��'�/loo— Per LS 5 1 EA Construct Curb Ramp including adjacent gutter plate per Caltrans Standard Plan No. A88A, Case C @ Per EA 6 1 EA Install Detectible Warning Surface in existing Curb Ramp per Caltrans Standard Plan A88A Per EA 7 1 EA Grind Gutter Lip at base. of Curb Ramp to conform with Caltrans Standard Plan A88A— @ D' — fro -sond $ S. b _ Per EA 8 1 LS Modify Traffic Signal at Gothard St. and Edinger Ave. Per LS Subtotal - Traffic Signal Modification at Gothard Street and Edinger Avenue $ d � y 6 Total Amount Bid in Words: p �� h V �` rL �' k I` ° S een a l Note: the City will provide the controller & service cabinet, all poles, mast arms, •luminaries, vehicle heads, pedestrian heads & push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, & fittings at no cost to the Contractor. Contractor to pick up materials at the • City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at 714-375-5015. C- 3.2 PROJECT BID SCHEDULE • • • Estimated.. ............ ..................... ............ .................................. .................. . ........................ . . ............. .......... . 1 . ................ ...... ... ...... :�:� ....... ... . . ......... . Item No. ..... Quantity :......... ... . Item :With Uiiit price W..ritten in Words Unrt Pace E..te.nded. :.Arrtourit Traffic Signal at Gothard Street and CC-1232 Warner Avenue l 1 LS Mobilization @ Per LS 2 1 LS Traffic Control @ b"\e- $ l�6- S 1 o - A/Le Per LS 3 1 LS ConstructionSurveyD �} . @ Y`�� LnUCLa $ Svv_ $ S--o— Per LS 4 1 LS Monument Preservation L ee @ -X /� e c� n R r fife $ ,rU o — $ s p a Per LS 5 1 LS Modify TraAffic Silg�nal at Gothard ISt and Warner eAve. Per LS Subtotal - Traffic Signal Modification at Gothard Street and Warner Avenue $ Total Amount Bid in Words: a; /1 0 cis GL, Note: the City will provide the controller & service cabinet, all poles, mast arms, luminaries, vehicle heads, pedestrian heads & push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, & fittings at no cost to the Contractor. Contractor to pick up materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at 714-375-5015. C- 3.1 Section C • • • PROJECT BID SCHEDULE CASH CONTRACT Nos. 1232, 1233 & 1234 PROJECT BID: TOTAL AMOUNT LUMP SUM BID IN FIGURES: TOTAL AMOUNT LUMP SUM BID IN WORDS: C-3 C-3 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 NumberLoo Class pmr-tia ©r'0_� C tryc.AT ��, in of l r3 `✓ �;Xler C/Civ 6 c a '1 e— Of e-,3� 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-4 LOOP` MASTERS INC PAGE` 02 09/19/2006-' 10:08 7146301783 rugo I ui 1 5e.�3t'ch Returned 1 Records Wed Mar 22 10,10:29 PST 2006 Firm ID 32041 DBA Name LOOP MASTERS INC. Add,v Une1 4740 E BRYSON ST kddresa Linen City ANAHEIM Stabs CA Zp Cvde1 92807 Tip Code2 Certification Type D6E� EMait LOOPMASTERSINCOHOTMAIL.COM Area Cade (714) Phone Number 630-094 Fax Area Code (714 ) Fax Phone Number 630-1763 Agency Name DEPARTMENT OF TRANSPORTATION Counties 19; 30: 33; 36: 37: 56: Distaricts 07; 08; 11; 1Z NAICS 237310; Work Codes C8609 TRAFFIC COUNT STATION: C5620 ROADSIDE SIGN; C8603 SIGNAL. C8608 DETECTOR: Licensee A General Englneering Contractor, Gender F 1 Back To Query Form http;//www.dot.ca.gov/ucpquery/QuerySubmit.do 3/22/2006 • • • NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of'N)MffV �-�, i�a�►1r�o2�i. , being first duly sworn, deposes and says that he or she is �wv�G✓ of -F ►( ewyn-.S(e v the party making the foregoing bid that the bid is not made.in the intermit 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. I> g.fn.' Name of BIdder Signature of Bidder 591L1Z AayYt �t . Address of Bidder Subscribed and sworn to before me this f 6 "day of 20 0- NOTARY PUBLIC��%t� NOTARY SEAL C-s So 14tfA-AeC ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside SS. On 16, 2) , before me, Elizabeth H.M. McRae , Notary Public, DAT personally appeared Brian Mendoza , personally known to me (e ELIZABETH H.M. MCRAE Comm.# 1686768 fn N • ®` NOTARY PUBLIC-CALIFORNIA N RIVERSIDE COUNTY .. MY Comm. UP. AUG. 7, 2010 PLACE NOTARY SEAL INABO VE SPACE to be the person(X) whose nameW is/a+e subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/hor r authorized capacity(ie8), and that by his/hw/44eir signature(o on the instrument the person(o, or the entity upon behalf of which the person(K) acted, executed the instrument. S my hand and official seal. NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ® INDIVIDUAL CORPORATE OFFICER PARTNER(S) TITLE(S) ❑ ATTORNEY -IN -FACT TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Brian Mendoza as Sole Owner of Freeway Electric DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER APAI/06 NOTARY BONDS, SUPPLIESANDFORMSATHTTP://WWW.VALLEY-SIERRA.Com (02005VALLEY-SIERRAINSURANCE UTILITY AGREEMENT • HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Traffic Signal Modifications at Gothard Street & Warner Avenue, Gothard Street & Edinger Avenue and Edwards Street & Warner 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: 1 I !(" to ] — • Contractor By �� Ida-►�-� S4 Title C-6 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 goveriunent project because of a violation of law or a safety regulation? ❑ Yes o 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-7 COMPENSATION INSURANCE CERTIFICATE • U Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: I � �b I6-:�— +VeeZ � Contractor lL% By Title C-8 • • 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. Di, Alert Identification Number: Date: l (0I U Contractor By Title • Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. •C-9 BIDDER'S INFORMATION • • • BIDDER certifies that the following information is true and correct: -rYzWV Bidder Nar Business Address City, State Zip 717 Telephone Number G fiys State Contractor's License No. and Class / Original Date Issued Expiration Date The work site was inspected by �&" A44--of our office on ��' , 201-�6 The following are persons, firms, and corporations having a principal interest in this proposal: C-10 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. 0 Com-oanv Name Sighature of Bidder Pee-,, d Printed or Typed Signature Subscribed and sworn to before me this "'`day of/_ , 20 i NOTARY PUBLIC '�'44 //ki� NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work with' the past two years: • 1 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Naine and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: • Contract Amount Type of Work Date Completed C4 l Brian Mendoza 11080 Kay Jay St. + Riverside, CA 92503 + 951-712-5767 + Brian@mbe-hlj.com Objective Chief Executive Officer and Supervisor of Outside Operations Qualification Summary • Supervisor of outside operations with over 18 years of experience; • Electrician with over 20 years of experience; • An effective communicator and team leader; • Experienced in coordinating and executing large and fast -paced projects; Personal EXDerience High Light Electric Inc. 10/1996-present Riverside, Ca • Chief Estimator (05/2005-present) o In charge of managing the estimating department and finalizing bid packages; o Coordinating the beginning phase of an awarded project between the company and agency or prime contractor; ■ Project submittals; ■ Contract review. o Successfully bid on projects totaling $12 million with an average spread of 6%; Area Supervisor (10/1996-05/2005) o Coordinated and managed 10 crews consisting of 6 members per team in the Southern California region; o Handled various sized projects ranging in size from $1,000 to $4.5 million dealing with dry utilities, wet utilities, traffic signals, and road improvements; ■ Please view attached document listing HLE projects. o Maintained coordination between High Light Electric Inc. and subcontractor, general contractor, and project owners; o In charge of handling project's administrative work; ■ Monthly progress estimates; ■ Project progress schedules; ■ Material requisitions; ■ Contract change order negotiations; ■ Equipment purchase and rentals. MBE Electric Inc. 10/1988-10/1996 Riverside, Ca. Vice President and Head of Outside Operations (10/1988-10/1996) o Managed outside operations for all projects ranging in size from $1,000 to 2.5 million; ■ Headed an around the clock electrical crew and coordinated with CC Meyes to repair the I-10 Santa Monica Freeway after it collapsed during the 1994 Northridge Earthquake to complete the fast paced project in 66 days ; Brian Mendoza 11080 Kay Jay St. + Riverside, CA 92503 + 951-712-5767 + Brian@nbe-hlj.com o Maintained coordination between MBE Electric Inc. and subcontractor, general contractor, and project owners; o Implemented and enforced safety guidelines; o Handled administrative work; ■ Monthly progress estimates; ■ Material requisitions; ■ Contract change order negotiations; Vasco Corporation 10/1987-6/1988 San Fernando, Ca. • Foreman (Part-time) o Managed day to day operations of work crews and various projects ranging in size from $1,000 to $500,000 in Eastern Los Angeles County; ■ Traffic signals; ■ Street lighting; ■ Signal Interconnect; Raymor Electric 6/1986-10/1987 Rosemead, Ca. • Crew leader (Part-time) o In charge of work crew on projects ranging from $25,000 to $250,000 through out Los Angeles County; Work Skills • Capable of operating heavy equipment such as skip loaders, cranes, and backhoes; • Hands-on experience with hand tools and power tools; • Capable of overseeing fast -paced and high profile projects; • An effective communicator and leader; Education International Brotherhood of Electrical Workers • Completed training course (1988-1989) in street lighting and traffic signal installations, code enforcement, and blue print reading. South Gate High School South Gate, Ca. • Received high school diploma in 1988. Professional Memberships • International Brotherhood of Electrical Workers (IBEW); • National Electrical Contractors Association (NECA). Accreditation • IBEW- Journeyman Wireman; CSLB- Electrical Contractor; Certified Trench Safety Coordinator. Professional and Personal References • Please view attached document titled Professional and Personal References. Brian Mendoza 11080 Kay Jay St. + Riverside, CA 92503 + 951-712-5767 + Brian@mbe-hlj.com Languages • English (Native); • Spanish (Fluent). Awards Received • Recipient of the U.S. Small Business "Young Entrepreneur of the Year" Award in 1996, nationally; • Recipient of the Certificate of Recognition by the City of Los Angeles for "Small Business," in 1997; • Recipient of the Certificate of Recognition by the City of Riverside for "Small Business,", in 1997; • Recipient of the Certificate of Recognition by the State Assembly, Assemblyman Mr. Rod Pacheco, for the "Top 500 Inland Empire Small Business," in 1997; • Ranked among the "Top 500 Inland Empire Hispanic Owned Companies" since 1997; • Certification of Appreciation for our participation in the Rebuilding of the Aftermath of the Northridge Earthquake in 1994; • Certificate of appreciation for participation and maximization in the "Century Freeway Affirmative Action," by CFAAC. Brian Mendoza 11080 Kay Jay St. + Riverside, CA 92503 + 951-712-5767 + Brian@mbe-hlj.com Professional and Personal References Caltrans Project #07-1224U4 (Electrical contract amount is $4.5 million) Project completed in 2005. -Description of project: Installation of traffic signals, ramp metering, sign illumination, highway lighting, fiber optic communication, and electrical irrigation along the I-10 Freeway in Los Angeles County. o Doug Dawson- Project Manager for prime contractor, Balfour Beatty. Cell: (949) 232-3276 and Office: (909) 397-8040. o Patty Galvan- Resident Engineer. Office: (909) 594-4270. o Veronica Ross- Electrical Inspector. Cell: (714) 606-6311 City of Redlands Contract# 208300-7230/41008 (Electrical contract amount is $218,800) Project completed in 2003. -Description of project: Installation of traffic signals, modification of ramp metering, lighting and sign illumination. o Bill Hensley- Senior Civil Engineer- Office: (909-798-7586 ext. 2 o Juan Olvera- Project Manager for general contractor, H&H Construction- Cell: (951) 453-7712 and Office: (909) 473-7331. Caltrans Project# 08-4567V4 (Electrical contract amount is $938,238) Project completed in 2005. -Description of project: Installation of lighting system along the I-15 Freeway in San Bernardino County. o Gary Vogel- Project Manager for prime contractor, Granite Construction. Cell: (661) 549-3953 and Office: (661) 726-4447 Sanbag Projects Segment 1,2,3, early segment 9, Segment 9, and Alder Ave. (Total electrical contract amount was $3.2 million) Projects completed in 2004. -Description of projects: Installation of traffic signals, ramp metering, sign illumination, highway lighting, fiber optic communication, and electrical irrigation along the I-10 Freeway in San Bernardino County. o Harold Lantis- Sanbag Contract Manager- Cell: (760) 802-7730 and Office: (909) 875-8029 ext. 213 o Tim Hanable- Caltrans Inspector- Cell: (951) 712-0021 o Al Ortega- Project manager for prime contractor, Yeager Skanska- Cell: (714) 240-5333 Brian Mendoza 11080 Kay Jay St. + Riverside, CA 92503 + 951-712-5767 + Brian@mbe-hlj.com City of Indio Project# STO137 (Electrical contract amount was $1.4 million) Projects completed in 2005. -Description of project: Installation of street lighting system, traffic signals, electrical irrigation, and dry utilities. o Gary Baxter -Area manager for prime contractor, Yeager Skanska Construction- Cell: (909) 721-9749 and Office: (760) 343-5472 o Tommy Young -Project Manager for prime contractor- Cell: (951) 232-6618 and Office: (760) 343-5472 o Mehran Sepehri-City Engineer- Cell: (760) 250-2201 Additional Professional References: o Zale Harris- Caltrans inspector- Cell: (951) 289-0047 o Ray Robles- Caltrans area supervisor- Cell: (909) 799-0646 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside SS. On l 11016) -�- , before me, Elizabeth H.M. McRae , Notary Public, DATE personally appeared Brian Mendoza , personally known to me (e�. _ ELIZABETH H.M. MCRAE COMM. # 1686768 ►n uJ �® NOTARY PUBLIC-CALIFORNIA N RIVERSIDE COUNTY v MY Comm. UP. AUG. 7, 2010 to be the person(X) whose nameX is/aye subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/#w4heir authorized capacity(Wo), and that by his/4wAheif signature(o on the instrument the personal, or the entity upon behalf of which the person(X) acted, executed the instrument. S-my hand and official seal. NOTARY'S SIGNATURE PLACE NOTARY SEAL INABOVE SPACE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ® INDIVIDUAL CORPORATE OFFICER PARTNER(S) TITLE(S) ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR Fj OTHER: SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Brian Mendoza as Sole Owner of Freeway Electric DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER APAI/06 NOTARY BONDS, SUPPLIES AND FORMS ATHTTP://WWW.VALLEY-SIERRA.COM 0 2005 VALLEY -SIERRA INSURANCE • • Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment C (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) The bidder,T subcontractor EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ,proposed / hereby certifies that he hasy , has not_, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 1 1 114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. lContracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Page 12-79 LPP 01-04 March 15, 2001 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment G DISCLOSURE OF LOB YING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action F1 a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: Fla. bid/offer/application b. initial award c. post -award 3. Report Type: a. initial b. material change For Material Change Only: year quarter_ date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is SubaNvardee, Enter Name and Address of Prime: El Prime Subawardee Tier if kn&nV Congressional District, if known Congressional District, if known 6. Federal Department/Agency: 7. Federal Program Name/Description: 8. 10 12. 14. L � Federal Acti umber, if kno a. N e and Address of y Entity ividual, last nam fir name, MI) CFDA Number, if applicable 9. .Award Amount, if known: b. Individuals Performing Services (including address if different from No. I Oa) (last name, first name, MI) / (attach Continuation Sheet(s) if necessary) Amount of Pay m the all that apply) 13. Type of Payment (check all that apply) S actual planned a. retainer b. one-time fee Form o K.'s ent (check all that apply): c. commission 8 d. contingent fee ind; specify: nature e deferred value f. other, specify 0'efe cription of Services Performed or to be performed and Date(s) of Service, including o, employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) Continuation Sheet(s) attached: Yes 11 No ❑ ll ^ dnformation requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or 1 I4 entered into. This disclosure is required pursuant to 31 U.S.C. Print Name: 1352. This information will be reported to Congress cf semiannually and will be available for public inspection. Any 12 11t� person who fails to file the required disclosure shall be subject Title: to a civil penalty of not less than S 10,000 and not more than > $100,000for each such failure. Telephone No. �f �1 � G ) Date: Federal Use Only: Standard Form LLL Rev. 09-12-97 Authorized for Local Reproduction Standard Form - LLL Page12-87 LPP 01-04 March 15, 2001 7) 7) EXHIBIT 12-E Attachment G Local Assistance Procedures Manual PS&E Checklist Instructions • INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to' influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, • State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency snaking the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. • Page 12-88 March 15, 2001 LPP 01-04 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment G 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev.06-04-90aENDIFn Page 12-89 LPP O1-04 March 15, 2001 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment C (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH AREA PART OF THIS PROPOSAL) The bidder! subcontractor EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION proposed hereby certifies that he has ✓ , has not_, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or I administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to.the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Page 12-79 LPP 01-04 March 15, 2001 The Bida_r shall list the name and address of each subcontractor to whom the Bidder proposes to subcontract portions of the work as required t v the provisions in Section 2-1.054, "Required Listin-a f Proposed Subcontractors," of the Standard Speciflications and Sectioa 2. 4.01, "General," of the special provisions. LIST OF SUBCONTRACTORS Name and'Address iqo C - ) r, e4x 1 8-.T ti7- branJ ' Lk y 1 �Gfi Description of Portion of Work Subcontracted V eiloc, 0Il Sze, Y 1 0kfr_'n S • (THE BIDDER'S E(ECUTION ON THE S1GXATURE PORTION. OF. THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND E,YECUTION OF THOSE CERTIFICATIONS WHICH AREA PART OF THIS PR0.POSAL) EQUAL EMPLOINIENT OPPORTUNITY CERTEFICATION The bidder�G/Z proposed subcontzac;or hereby certifies that he has ✓ , has not participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Order 10925, .1.1114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Govemmeat contracting cr administering a-ency, or the former P:esid�-nt's Committee on Equal Employment Opportunity, all reports due under the applicable fillingy-requirements. Note: The above cer<ification is required by the Equal Employment Opportunity ReSulations of the Secretary of Labor(41 CFR 60713(b) (1)), and must be submitted by bidder, and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.S. (Generally only contracts or subcontracts- oFS 10,000 or under are'exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required report/ should note that 41 Cr`R 60-1.7(b).(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Ofncs of Federal Contract Compliance, U.S. Department of.Labor. The Bidder shall list the name and address of each suhcontractor to whom t:t='3idd�r proposes co subconGzctportions of the work, as required by the provisions in Section 3-1.054, ".Required Listing of Proposed Subcontractors," of the Standard Speci ;cations and Sec:ioa 3-1.01, "General," of the special provisions, LIST OF SUBCONTRACTORS ' Description of.Portion Name and'Address of Work Subcontracted • (THE BIDOER'S EXECUTMV .ON THE SIGNATURE PORTIQN. PF THIS PROPOSAL SHALL. ALSO CONSTITUTE AN ENDORSEMENTAND E.YECUTION OF 7-HOSE: CERTIFICATIONS WHICH AREA PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICA.TIOIN The bidder , propaszd subcontractor hereby cerifies that he has has not , part cipated in a previous contract or subcontract subject ro the equal opportunity clauses,.as required by Executive Order., 10935, 1.1114, or 11246, and that; where. required, he has filed with the Joint Reporting; Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administ:rind agency, or the former P.esident's Committee on Equal Employment Opportunity, all reports due under the applicable filling -requirements. ` Note: The above certification is required by the.Equal Employment Opportunity Regulations of the Secretary of Labor(41 CFR 60-1.7(b) (1)), and must be submitted by bidder, and proposed subcontractors only in connection with contracts and subcontra= which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set.fotth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of S 10,000 or under are'exempt.) . Currently, Standard Form 100 (EEO - I) is the only report required by the Executive Orders or their Implementing regulations. -Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CF R 60- l.7(b).(i) prevents the award of contacts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Offtcs of Federal Contract Compliance, U.S. Department of Labor. Local Assistance Procedures Manual EXHIBIT 12-E . PS&E Checklist Instructions Attachment E DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART.29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner; director, officer, and manager: • Is not currently under suspension, debarment, voluntary exclusion,.or determination of ineligibility by any federal agency; • Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; • _Does not have a proposed debarment pending; and • Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years: If there are any exceptions to this certification, insert the exceptions in the following space: Exceptions will not necessarily result in denial of award,.but will be considered in determining bidder responsibility. For any .exception noted above, indicate below to whom it applies,. initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature. portion thereof shall also constitute signature of this Certification. Page 12-83 LPP 01-04 March 15, 2001 = Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment F NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member. of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency,:a Member of Congress, an officer or employee of Congress, or an employee of a Member.of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,. "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,.Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Page 12-85 LPP 01-04 March 15, 2001 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment D Noncollusion Affidavit (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY / COUNTY of�� DEPARTMENT OF PUBLIC WORKS. In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited anyother bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or -agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the. bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,. or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal' on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Page 12-81 LPP 01-04 March 15, 20.01 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside SS. On rhig C , before me, Elizabeth H.M. McRae , Notary Public, �— DATE personally appeared Brian Mendoza , personally known to me (e ELIZABETH H.M. MCRAE CoMM.# 1686768 11nn N `� NOTARY PUBLIC -CALIFORNIA UI \ RIVERSIDE COUNTY .. / Mt Comm. EzP AuG. 7, 2010 to be the person(X) whose name0o is/a+e subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/lQ*/4heir authorized capacity(i"), and that by his/kw4kek signature(k) on the instrument the person(,, or the entity upon behalf of which the person(x) acted, executed the instrument. my,band and official seal. NOTARY'S SIGNATURE PLACE NOTARY SEAL IN ABOVE SPACE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ® INDIVIDUAL CORPORATE OFFICER PARTNER(S) TITLE(S) ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Brian Mendoza as Sole Owner of Freeway Electric DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER RIGHT THUMBPRINT OF e SIGNER o 0 APAI/06 NOTARY BONDS, SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRA.COM 02005VALLEY-SIERRA INSURANCE 14 07 FAX 195 13' 52G927 city of Huntington! Beach Public Mr'k§ Dep6rtment 2000 Main ;StrI et p Tel, (7!14) 536-6431, Fx (j714) 374-1573 ADDENDUM NUMBER ONE For Traffic Signal Modifqationsl,at Gothard Street & WaMer Aven�pe, ' Gothard Street J�V & Edinger Avenue and Edwards Street & Warner AVe illue' FEDERAL NOS. STPLI-IG-51181 (151), STPLHG�1181 (152) & STPLHG-5181 (153) CC Nos.1232, 1233 & 1234 i6quary 5, 200 Notice To All BiddeI: Please note the following clarification to the Project Plans,Specifications, and Technical Provisions,, i The Federal Labor Rat4s'contained In Appendix ix (1of the ipecIficatlons for the: Traffic Signal ModlicatIons at i Gothard Street & Warner' Avenue, Gothard Street & Edinger Avenue and Edwards Street & Wamer Avenue shall be replaced with tAe following at;rn attached docuen6 1) FEDERAL LAS R RATES DATED DECEMBER 2�9,20061 The Federal Labor'Rates dated DECEMBER 29, 2008 shall be th6 labor rates In effect for the subject prOect. This is to acknowledge receipt andreview ofAddend'uml Number b 0 led January 5, 2007. n " CoP *n 0 arne 16Y Date All bidders must ack6l OwWg6 the receipt of this Addendum with your!bld proposal, Should you have any�questions regarding this Addendum, please'callWilllarn Janusz at (714) 536-6431. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond BOND # N/A KNOW ALL MEN BY THESE PRESENTS, that we FREEWAY ELECTRIC 5942 ACORN STREET, , RIVERSIDE, CA 92504 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY 425 WEST BROADWAY, STE. 105, , GLENDALE, CA 91204 (Here insert full name ,and address or legal title of Surety) a corporation duly organized under the laws of the State of CALIFORNIA as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET, , HUNTINGTON BEACH, CA 92648 (Here insert full name ,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of TEN AND 00/100 PERCENT------------------------------------------ Dollars ( $ 10 % ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for TRAFFIC SIGNAL MODIFICATIONS AT GOTHARD STREET AND WARNER AVENUE, GOTHARD STREET AND EDINGER AVENUE AND EDWARDS STREET AND WARNER AVENUE (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 2nd day of January 2007 (Witness) (Seal) '��1t�6'�7'' �u2.✓ ERSAND IND (Seal) (Witness) (Title) YUNG T. MU I ",A orney-in-Fact AIA DOCUMENT A310 BID BOND AIA ® FEBRUARY 1970 ED THE AMERIC INSTITUTE OF ARCHITECTS, 1735 N.Y AVE., N.W. WASHINGTON, D.C. 20006 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE ) On January 2, 2007 before me, JENNIFER C. GIBONEY, NOTARY PUBLIC NAME OF NOTARY PUBLIC personally appeared, YUNG T. MULLICK personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. C. OTARY PUBLIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT .. 1IENNIFER C. GIBOW y COMM. # 1470955 Nct-A-, Public California of 0hHi,1GECOUNTY 1 'o' :� a..• My Comm. Expires February 17, 2008 (SEAL) POWFR OFATTORNEY r'O R DEVELOPERS SLIRE" Y AND INDEMNITY COMPANY INDFMN1'1-Y ('OMPANY OF CA1,111014NIA PCIBOX I972.S.IRVINF.C'A92623 (949)263-3300 KNOW ALL MLN BY THFSP PRFfipN'I S, that except as cxpics,ly liuotcd, Ul•'VLLOI'LRS SURETYAND INDEMNITY COMPANY and INDLMNITY COMPANY OI' C ALIFORN IA, do each, hereby uiakc. cunstiwtc and appoint "'Yung T. Mullick, James W. Moilanen, Jennifer Giboney, Frances Lefler, jointly or severally=•• BA (Lci, nut; and Iawful Atlonrey(s)-in-Fact, to make, execute, deliver and acknowicdgc, for atld on behalf of said cur)wrauons. as surcrws, boilds, undertaking, and contracts of surclyship giving and granting unto said Allumcy(s)-in-Fact till power and authority to do and to pertprm every act ilecessary- requisite or proper to be done in connection therewith ac each c f,raW corporations cuuld (kt. but reserving to each of said corpontliuns full power nl'stthzritutiotl and revocatiun. and all of file acts of said Allurney(s)-in-Fact, pnrgpant to these presents. are herehv ratified and cunfinned. I his Pnwcr i 'Atlurt,py is' granted and is signed by faetl.in,ihQ under and by authority of the f'idlowine rt:N,)Itrtions adopted by the respective Rua,J of Dircciuts of DEVI-.1.01"F.RS SURETY AND INDEMNITY ('OMPANY and INDEMNI1 Y COMPANY OF CALIFORNIA. effective as of Novcmhcr 1, 2(Nl(1 R KtiQI.V FD, that the. Chairman of the Hoard, the President and ally Vice Prmidcnt of the corporation be, and thut each of I eill hcrchy is, apthut ized to execute Powcn ul Attorney. quali 'tying the at(urney(s) itmucd in the Powcr% of AnorOcy to execute, un behalf ufthc corporations, bonds. undertakings and cuntructs of wretyship: and that the ticcrctary or any Assistant Secretary of the corporations be. and each of them hereby is, nuthnrizcd to 11101 the exeCUfietl of any such Power of AtlortleY, KFSOI.VFD, FURTHER. (hat die signatures of such otfiects may be affixed to any such Power ot'Atlurnev or to any certificate relating thereto by 11,esnnile, and any such Power of Anumcy or certificate bearing suhd, fxc,ur Ic sigiialures shalt be valid and hinding upon rile cogvinttiun when so ullixed and in the. litlure with respLct to any bond, undertaking or contract of suretyship to which if is attached. IN W1TNINS WHF.RFQF. DEVELOPERS SURI I Y AND INDEMNITY COMPANY and INDFMNITY COMPANY OF CALII.ORNIA have severally Caliscd these presvitts to be signed by their respective Executive Vice President and attested by Ilicir res�eclive Secretary this 1 sr day of February. 2005. By.. �Ek'!.,! NQ /'V o�,PAN y Q David H. Rhodes, P.xccUrivc Vice -,'resident A, �yJQ`Goa>'oR4� �4p z. PPO�yTF W OCT. ;�_ � zr OCT. 5 O n =d to ins �t A ig67 "p>'t1936 'rye pZ a By: wtrltcrA. Crowell. So—L-L,ry - iyy�O /QwA .*�qh� f UA�tFOP�� STATE OI- CALII URNIA ) )SS. COUNTY OF ORANGE ) On February 1, 2005- bel'ure me, Nita 6. Hitlmeycr, personally appeared David H Rhodes and Waller A. Crowcll, personally known to the (or proved to me on the basis of sa6.lact.)ry cvtdence) to be the pq'sons wh—. ,,;uncs ate. NtibSLribud to the within inCnpmcnt attic acknowledged to me that they executed rile same in their authorized capacities, and that by their signatures on rile instrument the entity upon hchalf of which ncc persons acted cxct:uted the utstntmcnt. WITNESS my hand ;soil nffic i;d .col /=01 CFRTIPIC ATF. NITA 0. HIFFMEYER COMM. It 1543"1 Nb1ARY PUBLIC CALIFORNIA ORANGE WUNTY My own. exrAm Jan.10, 2009 The „ndarsfgned. as Executive Vicc-Prc,kknr, of DEVELOPERS SURFTN' AND INDLMN(I f COMPANY" and INDEMNITY C'OMI'ANY Ul CALIFORNIA, does hereby certify that the t'orcenine Power of Al(unicy remains in Iiill force and has out bcca revoked, and lurtherniorc, dint the provisiurrs of the resolutions of fhc )-es)icetive ,Boards ul Directors of said coiporalium set forth in the Pnwcr of Anorncy, are is ft,rce as of the date ol'this ( crYiticnic This Cerlilicate 1s excculcd in the City ol-Irvine. California. the 2 day of JANUARY, 2007 By "Y �f�t-/� �• I-:n•td L. Kerrigan. Fxei-wivc Vice-t•r�?hdCuf / I1)-13NO(Rev.2/01 ) ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On I �� , before me, DATE personally appeared Brian Mendoza SS. Elizabeth H.M. McRae , Notary Public, personally known to me (" to be the person(X) whose name(* is/af-e subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/hQ /4heir authorized capacity(ie8), and that by his/4w/464 signatureW on the instrument the person(, or the entity upon behalf of which the person() acted, executed the instrument. ELIZABETH H.M. MCRAE SS my hand and official seal. " Comm. # 1686768 L NOTARY PUBLIC-CALIFORNIA RIVERSIDE COUNTY MY Couu. EaP.AUG. T, 2010 NOTARY'S SIGNATURE PLACE NOTARY SEAL IN ABOVE SPACE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) INDIVIDUAL CORPORATE OFFICER PARTNER(S) TITLE(S) ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Brian Mendoza as Sole Owner of Freeway Electric DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER RIGHT THUMBPRINT OF SIGNER APA 1/06 NOTARY BONDS, SUPPLIES AND FORMS AT HTP//WWW.VALLEY-SIERRA.COM 10 2005 VALLEY -SIERRA INSURANCE V CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK June 13, 2007 Terno, Inc. 15701 Heron Ave. La Mirada, CA 90638 RE:CC-1232, CC-1233, CC-1234 —Traffic Signal Modifications CALIFORNIA 92648 Enclosed please find your original bid bond for CC-1232, CC-1233 and CC-1234. Sincerely, Cd "' V-) e: � � Joan L. Flynn City Clerk JF:pe enclosure ff Rol '��mj g:/followup/cashcont/returnbidbond.doc procedure #13 ( Telephone: 714-536-5227 ) 1zIUVV, 11Vt. 15701 HERON. AVE. ,A MIRADA, CA.90638 CL# 862724 C-40 2001 JAN 16 PM 1: 58 `` A City of Huntington Beach, City Clerks Office 2000 Main Street, Second Floor City Hall Huntington Beach, CA Bids Tuesday, January 16, 2007 at 2:00 PM "Sealed Bid" for Traffic Signal Modifications at Gothard Street & Warner Avenue, Gothard Street & Edinger Avenue and Edwards Street & Warner Avenue FEDERAL NOS. STPLHG- 5181 (151) & STPLHG- 5181 (152) & STPLHG- 5181 (153) IN THE rity of yfa ,. E. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Traffic Signal Modifcations at Gothard Street & Warner Avenue, Gothard Street & Edinger Avenue and Edwards Street & Warner Avenue FEDERAL NOS. STPLHG-5181 (151), STPLHG-5181 (152) & STPLHG-5181 (153) CC Nos. 1232, 1233 & 1234 January 5, 2007 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Technical Provisions. - The Federal Labor Rates contained in Appendix I of the specifications for the: Traffic Signal Modifcations at Gothard Street & Warner Avenue, Gothard Street & Edinger Avenue and Edwards Street & Warner Avenue shall be replaced with the following attached documents: 1) FEDERAL LABOR RATES DATED DECEMBER 29, 2006 The Federal Labor Rates dated DECEMBER 29, 2006 shall be the labor rates in effect for the subject project. This is to acknowledge receipt and review of Addendum Number One, dated January Company Name By 1tSrrr , reS Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William Janusz at (714) 536-5431 SECTION C PROPOSAL for the Traffic Signal Modifications at Gothard Street & Warner Avenue, Gothard Street & Edinger Avenue and Edwards Street & Warner Avenue FEDERAL NOS. STPLHG-5181 (151), STPLHG-5181 (152) & STPLHG-5181 (153) CASH CONTRACT Nos. 1232, 1233 & 1234 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The. undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids. and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 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 6id 60M in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bi is sre Ti . Erno, President C-2 Section C PROJECT BID SCHEDULE CASH CONTRACT Nos. 1232, 1233 & 1234 PROJECT BID: TOTAL AMOUNT LUMP SUM BID IN FIGURES: $ VY) f I? 1B3 C-3 PROJECT BID SCHEDULE :. ::.. . ::::::::::�::::::::Esfimatej :Usit:P : : . ... mW rc .... x:. {:.:e: . de dAmtun n..nay Traffic Signal at Gothard Street and CC-1232 Warner Avenue 1 1 LS Mobilization f� [� @ ID MSG Tl,., $ �,, $ `P h• Per LS 2 1 LS Traffic Control @ T11-T �„ $2�D2 $ 2cot) L.. &A "A Per LS 3 1 LS Construction Survey G t�Wy Muoo Per LS 4 1 LS Monument Preservation @ WtA S AAA $ N05b_. $ \QG Per LS 5 1 LS Modify Traffic Signal at Gothard St andWarnerAve. @ �2ro �Vu%4A ^vd 1 ram." Per LS Subtotal - Traffic Signal Modification at Gothard Street and Warner Avenue $ 2 Total Amount Bid in Words:T�%¢�QMr�.bkSA Stytw HuAfG1Y�d �ll�i Note: the City will provide the controller & service cabinet, all poles, mast arms, luminaries, vehicle heads, pedestrian heads & push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, & fittings at no cost to the Contractor. Contractor to pick up materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at 714-375-5015. C- 3.1 Ec .... .. .......... ... . .... ... �t.o..m��;:�:.�.: �� io..::.�.:�Q• �u�� .. :• ��=��:........... .....U....t�...k:r:_ ►.:c:e:..:.:.:.:,.:.:..:..:�tede-dstiate :..t ....... ::. ..�.......c............ � ::::.m.:o :::�: .A.t.un.. Traffic Signal at Gothard Street and CC-1233 Edinger Avenue 1 1 LS Mobilization Per LS 2 1 LS Traffic Contro-l-� @ FLO � l( v, 9 S %I(_ $ Jr (e f% $ d , xa Per LS 3 1 LS Construction Survey @ ,�, $ 32 Z Per LS 4 1 LS Monument Preservation @ $ 10 $ ob-76 Per LS 5 1 EA Construct Curb Ramp including adjacent gutter plate per Caltrans Standard Plan No. A88A, Case C @ Su $�0 $ Per EA 6 1 EA Install Detectible Warning Surface in existing Curb Ramp per Caltrans Standard Plan A88A @ �X WA tit A $ 6 .�. $ —L Per EA —�T / 7 1 EA Grind Gutter Lip at base of Curb Ramp to conform with Caltrans Standard Plan A88A @ kL e " 1�i�`te W $ OA lei $ 9101 Per EA 8 1 LS Modify Traffic Signal at Gothard St. and Edinger Ave. @ `C $ 0311 $ 170311 �_ � � 11t•.0 W Per LS Subtotal - Traffic Signal Modification at Gothard Street and Edinger Avenue $ Total Amount Bid in Words: �I— ifi.}�te�e,��w.SM► �w0 Note: the City will provide the controller & service cabinet, all poles, mast arms, luminaries, vehicle heads, pedestrian heads & push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs,& fittings at no cost to the Contractor. Contractor to pick up materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at 714-375-5015. C- 3.2 Estimated Ife o: . Q.......Y. .�......�.�.Item.W.�th Unit.P.r�ce Written.�n.Wards..............Unrt.Price,..._....... ................. Extenileii:A:i►iaant Traffic Signal at Edwards Street and CC-1234 Warner Avenue 1 1 LS Mobilization c. Per LS 2 1 LS Traffic Control @ $ 373 b $ S 3 6 _� Per LS 3 1 LS Construction Survey @ t Y $ 3 2-6 $ Per LS 4 1 LS Monument Preservation @ N $ — i6 ��----�� $ �tL Per LS 5 2 EA Install Detectible Warning Surface in existing Curb Ramp per Caltrans Standard Plan A88A Per EA 6 1 LS Modify Traffic Signal at Warner Ave an Edwards St $a Per LS or Subtotal -Traffic Signal Modification at Edwards Street and Warner Avenue $ S$7 IZ 6 Total Amount Bid in Words: Note: the City will provide the controller & service cabinet, all poles, mast arms, luminaries, vehicle heads, pedestrian heads & push buttons, internally illuminated street name signs, emergency vehicle preemption sensors, block information signs, & fittings at no cost to the Contractor. Contractor to pick up materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at 714-375-5015. Filename- GAConstruction Contracts (CCs)\CC1232\BID SCHED 1232.xls C- 3.3 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 +%%p1 O 1,"Le CQct e .y T460g5- G3Z neG�r o 1 C4 l( O o 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-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. 1' i?7e-1 s County of-9raTrge 14.05 —Ti ry)1 ft S. & no , being first duly sworn, deposes and says that he er•*ke is pY-esis'Onfi of T-° Y s �_Ehc , 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. I eX no Name of Bidder Sli g:T n atuprqidder y J. Erno, President is 90i ti ern Rti�e (a mi Qa � Address of Bidder gad3$ Su ed and sworn to before me this day of , 20 S� e /, -;1-a &11ee5K NOTARY PUBLIC EAL C-5 CALIFORNIA .. L- .: R WITH AFFOANT STATEMENT - -e 4�Q�G].�� '•1'C..4iV.ALi� '•)C '•� .-'•l,.V•14`•�. L'•�Q..'AL - • '\� i1L3V.1\a''14'7�1:,�'14Li\� 7L'�a� '•y\e'i�n'DAZ �1n��a'•'_\L'�1w�4'�L7L14�441 State of California See Attached Document (Notary to cross out lines 1-6 below) See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this day of by Date�-- Month Year Name of Signer PEARL LOVETERE �j Personally known to me Commission # 1507356 Notary Public - California ❑ Proved to me on the basis of satisfactory evidence Orange County to be the person who appeared before me MY Comm. Expires Sep 10, 2008 (and (2) , Name of Signer ❑ Personally known to me ❑ Proved to me on the basis of satisfactory evidence t be the person who appeared before me.) Signature of Notary Public Piece Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent m fraudulent removal and reattachment of this form to another document. Top of thumb here Top of thumb here Further Descripti of Any Attached Document Title or Type of Document: f ` Document Date: Number of Pages: Signer(s) Other Than Named Above: ©2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5910 Reorder: Call Toll -Free 1-800-876-6827 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Traffic Signal Modifications at Gothard Street & Warner Avenue, Gothard Street & Edinger Avenue and Edwards Street & Warner 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: I - I L:2_0 1 Tirnithy J. Erno, President Title C-6 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-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor. Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. .. Date: IA LO- Q9 -T-cy roThe , (nntmrtnr Tirnithy J. Erno, President Title C-8 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: Contraetnr Tirnithy J. Erno, President Title Date: I'RO- Q9 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-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name 690( He-fon �yo_ . l�aa. CA q©c�3g Business Address L-N m�YR-�Sl cll� Goc��l City, State Zip ('1114) Gals- G1�31 u226 Telephone Number 19 cpa qau State Contractor's License No. and Class Original Date Issued I -O Expiration Date The work site was inspected by of our office on (- 10 , 20071 The following are persons, firms, and corporations having a principal interest in this proposal: C-10 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. TPry; _ Company Name Signature of Bi Printed or Typed Signature bed and sworn to before me this day of , 20� . See NOTARY PUBLIC NO L 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. of fi. hic, r\ Name Snd Address of Public Agency a A s. f "heim �j a'7(p t�j12 m (AA Ga$o6 Name and Telephone No. of Project Manager: (0 S 3 3F� `TY a aU-�olo Contract Amount Type of Worl Date Completed 2. �-jeadN - Lono, 1 ? \, Name and Address of P lic Agency?Eu QQ-(�e'YN 6\ , V 1��- Name and Telephone No. of Project Manager: Contract Amount Type of -Work Date Completed LosJ 1 Name and Address of Public Ak4ncy q<)o t_ j Y e-yyyG) Name and Telephone No. of Project Manager: 7�n W03 S Sys Contract Amount Type of Work Date Completed C-11 CALIFORNIA JURAT WITH AFFIANT STATEMENT State of California County of pL S t��_S ss. See Attached Document (Notary to cross out lines 1-6 below) See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this �_ day of a�Z by Date MonZ,rOya Year 0> //i1�iirc , Name of Signer PEARL LOVETERE Personally known to me Commission # 1501156 ❑ Proved to me on the basis of satisfactory evidence Notary Public - Callfomia to be the person who eared before me Orange County amy p pp () () Comm. Expires Sep 10, 2008 (and (2) , Name of Signer ❑ Personally known to me ❑ Proved to me on the basis of satisfactory evidence I',, to bgAt e person whoXpeared before me.) , Plata Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove _ valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Top of thumb here Top of thumb here Further Description of Any Attached Document Title or Type of Documen Document Date: Number of Pages:v Signer(s) Other Than Named Above: 02004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationaiNotary.org Item #5910 Reorder: Call Toll -Free 1-800-876-6827 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment C (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICHARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder m • T-r<. , , proposed subcontractor , hereby certifies that he has , has not, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Page 12-79 LPP 01-04 March 15, 2001 Local Assistance Procedures Manual PS&E Checklist Instructions ' " i A EXHIBIT 12-E Attachment G DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: F1a. contract b. grant c. cooperative agreement d. loan e. loan guarantee f. loan insurance 2. Status of Federal Action: 3. Report Type: a. bid/offer/application ❑ a. initial b. initial award b. material change c. post -award 4. Name and Address of Reporting Entity Prime ❑ Subawardee Tier , if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) i[I 12 14 For Material Change Only: year quarter_ date of last report S. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. 1 Oa) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ actual planned a. retainer b. one-time fee Form of Payment (check all that apply): c. commission Ba. cash d. contingent fee b. in -kind; specify: nature e deferred value f. other, specify Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. Print Name: 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject Title: to a civil penalty of not less than $10,000 and not more than $100.000 for each such failure. Telephone No.: Federal Use Only: Date: Authorized for Local Reproduction Standard Form - LLL Standard Form LLL Rev. 09-12-97 Page 12-87 LPP 01-04 March 15, 2001 EXHIBIT 12-E Local Assistance Procedures Manual Attachment G PS&E Checklist Instructions INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE=90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify. the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. Page 12-88 March 15, 2001 LPP 01-04 Local Assistance Procedures Manual EXHIBIT :2-E PS&E Checklist Instructions Attachment G 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collecm tion of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev.06-04-90,,ENDIF» Page 12-89 LPP 01-04 March 15, 2001 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we TERNO, INC. 15701 Heron Avenue (Here Insert full name and address or legal Ii11e of Contractor) La Mirada, CA 90638 as Principal, hereinafter called the Principal, and SAFECO INSURANCE COMPANY OF AMERICA SAFECO Plaza (Here insert full name and address or legal title of Surety) Seattle, WA 98185 a corporation duly organized under the laws of the State of WA as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (Here insert lull name and address or legal title of Owner) 2000 Main St., 2nd Floor, Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten percent of amount bid. Dollars ($ 10% of Amount Bill, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of proiecU Traffic Signal Modifications at Gothard Street & Warner Avenue, Gothard Street & Edinger Avenue and Edwards Street & Warner Avenue, FEDERAL NOS. STPLHG-5181 (151), STPLHG-5181 (152) & STPLHG-5181 (153), CASH CONTRACT Nos. 1232, 1233 & 1234 in the CITY OF HUNTINGTON BEACH NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 11th (Witness) COMPANY OF AMERICA (Surety) )Seat) Rhonda C. Abel (Witness) Ano; Bey-i r.-Fac; AIA DOCUMENT A310 • BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 State of California County of Orange on January 11, 2007 personally appeared ACKNOWLEDGEMENT before me, Rhonda C. Abel, Notary Public , (here insert name and title of the officer) Jeri Apodaca 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 acknowledge 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. 0 NOTARY D# C. . ABEL PUBLIC-CAUFORNIA ni Signature / , i ORANGE COUNTY 0 , COMM. EXP. AUG. 9. 2009:. (Seal) 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) H 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 SA067/GE 1/06 FRP CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On Januan- 15, 2007 before me. Pearl Lovetere, Note Public a e Nanle and I Itle o _ icer eg.. Jane Doe, Notary Public i personally appeared Timithy J. Erno Name(s 1 of S rgner(s ) ® 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 capacit} (ies), and PEARL LOVETERE that by his/her/their signature(s) on the instrument the Commission # 1507356 person(s). or the entity upon behalf of which the qpMy Notary Public - California person(s) acted, executed the instrument. Orange County Comm. Expires Sep 10, 2008 WITNES hand and official se Signature of Notary Public OPTIONAL Though the information is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: January 11. 2007 Number of Pages: Signer(s) Other Than Named Above: Jeri Apodaca Capacity(ies) Claimed by Signer Signer's Name: Tinutln�-J. Erno Individual Corporate Officer — Title(s): President Partner — ❑ Limited ❑ General Attorne_t -in-Fact Trustee Guardian or Conservator Other: Signer is Representing: Terno, hnc. POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 9675 Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle. WA 98185 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ****************RHONDA C. ABEL; JERI APODACA; LINDA ENRIGHT; LANE KEPNER; NANETTE MARIELLA-MYERS; MIKE PARIZINO; RACHELLE RHEAULT; ROSA E. RIVAS; JAMES A. SCHALLER; Irvine, 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 1 Oth of April 2006 day STEPHANIE DALE Y-WAATSON,SECRETARY MIKE PETERS, PRESIDENT, SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fad 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 (10 A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-aftomey 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, Stephanie Daley -Watson , 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 this JAN 11 Z007 day of CORD WE SEAL x l STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademadu of Safeco Corporation. S-09740S 4/05 WEB PDF. '` License Detail Page 1 of 3 California Homa WPr1nPsda 17.2007 License Detail CALIFORNIA CONTRACTORS STATE -LICENSE -BOARD Contractor License # 689006 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: . CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. . Per B&P_7071.17, only construction related civil judgments reported to the CSLB are disclosed. . Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. . Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 01/17/2007 * * * Business Information * * * SAWCO INC DBA CALIFORNIA BORING 770 NORTH ECKHOFF STREET ORANGE, CA 92868 Business Phone Number: (714) 456-9650 Entity: Corporation Issue Date: 05/16/1994 Expire Date: 05/31/2008 * * * License Status * * * This license is current and active. All information below should be reviewed. http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detai1.asp 1 /17/2007 License Detail Page 2 of 3 * * * Additional Status Information The license may be suspended on 02/15/2007 if the workers" compensation insurance policy is not filed with the CSLB. * * * Classifications * * * ClassI Description D06 CONCRETE RELATED -SERVICES D09 DRILLING; BLASTING AND OIL FIELD WORK * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 6011931 in the amount of $12,500 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date: 01 /01 /2007 Contractor's_..Bonding_..History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) KEVIN GEORGE REARDON certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 11 /19/1999 BQI's Bonding History * * * Workers Compensation Information * * * This license has workers compensation insurance with the REDWOOD FIRE AND CASUALTY INSURANCE CO (2357-2) Policy Number: W6135652 Effective Date: 01/01/2006 Expire Date: 01/01/2007 Workers Compensation History http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detai1.asp 1 /17/2007 License Detail Page 3 of 3 Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request © 2006 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detai1.asp 1/17/2007 T 11ceilse Detail Pagel of 3 17,2007 License Detail CALIFORNIA__C_ ONTRACTORS STATE LICENSE BOARD Contractor License # 346095 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: . CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. . Per B&P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. . Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. . Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 01/17/2007 * * * Business Information * * * ORANGE COUNTY STRIPING SERVICE INC 183 N PIXLEY STREET ORANGE, CA 92868 Business Phone Number: (714) 639-4550 Entity: Corporation Issue Date: 09/29/1977 Expire Date: 03/31/2007 * * * License Status * * * This license is current and active. All information below should be reviewed. http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detai1.asp 1 /17/2007 F .. License Detail Page 2 of 3 * * * Classifications * * * ClassI Description C32 PARKING AND HIGHWAY IMPROVEMENT D60 STRIPING K3EjCONSTRUCTI.0NzONE TRAFFIC CONTROL * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 814031C in the amount of $12,500 with the bonding company DEVELOPERS SURETY AND INDEMNITY COMPANY. Effective Date: 01 /01 /2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) ROBERT GENE PATTERSON certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 01/11/2001 BQI's Bonding History_ * * * Workers Compensation Information * * * This license has workers compensation insurance with the THE. -TRAVELERS INDEMNITY COMPANY_ Policy Number: DTEUB325D490306 Effective Date: 06/01/2006 Expire Date: 06/01/2007 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 1/17/2007 *' License Detail Page 3 of 3 Personnel List Other Licenses License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request © 2006 State of California. Conditions of Use Privacy_Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 1 /17/2007 'License Detail Page 1 of 3 California Home License Detail Contractor License # 862724 Wednesday. January 17. 2007 CALIFORNIA CONTRACTORS STATE LICENSE BOARD DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: . CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. . Per B&P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. . Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. . Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 01/17/2007 * * * Business Information * * * TERNO INC 15701 HERON AVENUE LA MIRADA, CA 90638 Business Phone Number: (714) 228-9631 Entity: Corporation Issue Date: 08/11/2005 Expire Date: 08/31/2007 * * * License Status * * * This license is current and active. All information below should be reviewed. http://www2.cslb.ca.gov/CS1,B_LIBRARY/License+Detai1.asp 1 /17/2007 'License Detail Page 2 of 3 * * * Classifications * * * ClassI Description C10 ELECTRICAL * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 08719771 in the amount of $12,500 with the bonding company FIDELITY AND DEPOSIT COMPANY OF MARYLAND. Effective Date: 01 /01 /2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(1): This license filed Bond of Qualifying Individual number 08719772 for TIMITHY JAMES ERNO in the amount of $7,500 with the bonding company FIDELITY AND DEPOSIT COMPANY OF MARYLAND. Effective Date: 07/19/2005 * * * Workers Compensation Information * * * This license has workers compensation insurance with the ZURICH AMERICAN INSURANCE COMPANY (4581-5) Policy Number: WC913889900 Effective Date: 08/01/2006 Expire Date: 08/01/2007 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 1 /17/2007 C,� '-License Detail Page 3 of 3 License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request © 2006 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detai1.asp 1 / 17/2007