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HomeMy WebLinkAboutSteiny & Company, Inc. - 2008-08-04 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to -KA, 11-lY,144br- City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION r70 TO: Shari Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I 0 v) 4>have received the bonds for (company Name) 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 Agenda Item No. (d6un6il Approval Date) City Clerk Vault No. #27 g1followup/bondletter.doc I®�d City of Huntington Beach OU INTER-DEPARTMENT COIVIIV MUNICATION HUNTINGTON BEACH TO: T OSE LISTED HEREON FROM: ric R. Charlonne, Construction Manager DATE: April 10, 2009 SUBJECT: Retention Release Payment Company Name: Steiny& Company, Inc. Address: 112907 East Garvey Avenue City, State and Zip Code: Baldwin Park, CA 91706 Phone Number: (626) 338-9923 Business License Number:A095058 expiress 2/28/10 Local Address: N/A Notice of Completion Date:TBI Contract Purpose: Retention Release for Construction Contract 1266 PCH Street Lighting The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the full retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. If any stop notices have not been cleared, then processing of partial retention is recommended with the retention of one hundred and fifty percent of the stop notice(s) amount and with no outstanding invoices on file with the City. I certify that are no stop notices are on file on the subject at this time. ate► TravisT. Hopkins, Director of Publ6m% z to ¢ RaUl I certify that there are no outstanding invoices on file. end 7 Date ari Frei enrich, City Treasurer I certify that are no stop notices are on file on the subject/cotract, and that a guaranty bond has been filed with this office. 54//0 4? ate Joan Flynn y Clerk 1266 retention release memo 4/10/2009 3:09:00 PM CONTRACTOR'S CERTIFICATE I, Richard Tesorlem , state and certify that: (Name of Declarant) STEINY AND COMPANY,INC, l. is the general contractor to the City of Huntington Beach ("City") on Contract No. Q(pj_.p (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"): NDNc I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at %?yAj u.)Ag' IL, CA on this day o Cam, , 20 (Signature of Declarant) APPROVED AS TO FORM By: i-7/a Name: [Type Name] Title: [Type Title] 1 245914.1 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: ; Proi ect: 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 4k,day of `( ucb , , 20bq, atTWJiyy-P[IY California. STEINY AND COMPANY,INC, (Type Contractor Name) y. Tmftm,Vice Name: [Type Name] Title: [Type Title] A�TQ CITY 'Or RV. MRNIY -fLS o3•ab •�a 1 247542.1 Certification of Compliance with Title V11 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: f �jj[P Project: _ (� The undersigned contractor on the above-referenced project ("Project") hereby certifies that it has complied with Title VU 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 �(1,�(Q _ , 20 , atI"_I1 \ -P VI�California. STEINY AND COMPANY,INC. (Type Cont r or Name) s�?0eiaro,VIC6 Kafldel By: ((( Name: [Type Name] ci3RA' `Title: [Type Title] ROA < RNEXX 1 245911.1 Liberty Mutual Surety 1001 4th Avenue,Suite 1700 Seattle,WA 98154 MAINTENANCE BOND Bond 6585410-001 KNOW ALL BY THESE PRESENTS,That we, Steiny and Company, Inc. as Principal,and Safeco Insurance Company of America a corporation organized under the laws of the State of Washington and duly authorized to do business in the State of California as Surety,are held and firmly bound unto City of Huntington Beach as Obligee,in the penal sum of Sixty-Four Thousand Two Hundred Thirty-Nine and 02/100 ($ 64,239.02 ) to which payment well and truly to be made we do bind ourselves,our and each of our heirs,executors,administrators,successors and assigns jointly and severally,finely by these presents. WHEREAS,the said Principal entered into a Contract with the Cty of Huntington Beach dated 8/4/2008 for Pacific Coast Highway Street Lighting Modifications Cash Contract No. 1266 WHEREAS,said Contract has been completed,and was approved on 23rd day of March 1 2009 NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work will be free of any defective materials or workmanship which became apparent during the period of One (1) year(s)following completion of the Contract then this obligation shall be void,otherwise to remain in full force and effect,provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only,and the Surety assumes no liability for such a guarantee. Signed and sealed this 6th day of April 2009 Steiny an om Inc. (Seal) Richard Tesoriero, Vice President (Seal) (Seal) SEAL Safeco Insurance Company of America viz 1953 By Jen Apodac , Attorney-in-Fact S-08431SA 10/99 XDP OFeRMCGRAZ,ci ttomey CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles ss. On April 27, 2009 before me, Kathy M. Edwards -Notary Public Date Name and Title of officer(e.g."Jane Doe,Notary Public") personally appeared Richard Tesoriero Name(s)of signer(S) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she they executed the same in his/heE4heir authorized capacity(ies), and that by his hef4ter-signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KATHY M.EDWARDS r,,,;7%7C....l..IM321 Notivy Pubk-C&WorMs Los Atgeles County MY Comm. res Aug3,2012 ature (Seal) OPTIONAL Though the information below 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- MAINTENANCE BOND 100%Contract Title or Type of Document: City of Huntington Beach,-PCH SL#1266- BOND #6585410-001 Document Date: 04/06/09 Number of Pages: 1 Signer(s)Other Than Named Above: Jeri Apodaca-Safeco Insurance Co. of America Capacity(ies) Claimed by Signer Signer's Name: Richard Tesoriero ❑ Individual Top of thumb here ❑X Corporate Officer-Title(s): Vice President ❑ Partner(s)- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Steiny and Company, Inc. \\Ssbp02\Users\kedw68\My Documents\excel\BILLINGS\Notary Acknowledgement 09 4/27/2009 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On April 6, 2009 before me, K. Luu, Notary Public (Here insert name and title of the officer) personally appeared Jeri Apodaca who proved to me on the basis of satisfactory evidence to be the person(x) whose name(5t)is/w subscribed to the within instrument and acknowledged to me that lxalshe/mac executed the same in his/her/t>l)aiR authorized capacity(�o), and that by W/her/ter signature(s) on the instrument the person(i), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ° rorrtn3c 3c,r! 3ci : . f1.,ply Y;r 4 t ornia 7C7 �.ft, n ��'..�� VIS'�'�tTitt! (Notary Seal) `' z c �,2011 Signature of Notary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances, any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefullyfor proper notarial wording and attach this form ifrequired. • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization- CAPACITY CLAIIVIED BY I'IIE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. ❑ Individual(s) he/she/the},-is/ere)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines,If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk. ® Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document Safeco Insurance Company of America General Insurance Company of America AV iv POWER 1001 4th Avenue OF ATTORNEY Suite 1 ' Seattle,,WA 98154 KNOW ALL BY THESE PRESENTS: No. 9675 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint **RHONDA C.ABEL;JERI APODACA;LISA K.CRAIL;LINDA ENRIGHT;JANE KEPNER;NANETTE MARIELLA-MYERS; MIKE PARIZINO;RACHELLE RHEAULT;JAMES A.SCHALLER;Irvine, its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21 st March 2009 day of Dexter R.Legg,Secretary Timothy A.Mikolajewski Vice President CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificateexecuted by the Secretary or an assistant secretary of the Company setting out, The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Dexter R.Legg Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 6th day of April 2009 �gNGE. COlftpyti` P��E COMpq Go(LPORgp� CORPORATE SEAL ICSEAL ' R, S '33x sl 19 TFOf wASia� Wa� \� Dexter R.Legg,Secretary S-0974/DS 3/09 WEB PDF RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) 'A, CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION U Lj TO: Shari Freidenrich, City Treasurer r FROM: a, �� DATE: SUBJECT: Bond Acceptance have received the bonds for (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. p� Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved Agenda Item No. (Council Approval Date) , City Clerk Vault No. #27 g:/followup/bondletter.doc PLEASE CQMPLETf THIS INFORMATION RECORDING REQUESTED BY: Recorded in Official Records, Orange County AND WHEN RECORDED MAIL TO: Tom Daly, Clerk-Recorder pI/� WHEN RECORDED MAIL TO: O I NO FEE 200900013516210:04am 03/23/09 City of Huntington Beach 100 200 N12 1 Department of Public Works 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Engineering Division Attn: Robert A. Martinez P.O. Box 190—2000 Main Street -- Huntington Beach, CA 92648 THIS SPACE FOR RECORDER'S USE ONLY 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 Steiny and Company, Inc. who was the company thereon for doing the following work to-wit: PACIFIC COAST HIGHWAY LIGHTING MODIFICATIONS; CC-1266 That said work was completed March 13,2009 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on September 16, 2008, per City Council Resolution No.2003-70 adopted October 6,2003. That upon said contract was Developers Surety and Indemnity Company 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 March16,2009. Dir ctor of P' Iic Works or City Engineer ity of Hun gton 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 March16,2009. Director of Py6iic Works or City Engineer City of Hunt' gton Beach,California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) *�.059-TITLE PAGE(R7/95) Council/Agency Meeting Held: Deferred/Continued to: Ap roved ditionally pr ved enie City erk's ignatul' Council Meeting Date: 3/2/2009 Department ID Number: pW 09-09 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINISTR PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR OF PUBLI RKS SUBJECT: Increase Construction Change Order Limit for for the Pacific Coast Highway Street Lighting Modification (CC-1266) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: An increase of $30,000 to the construction change order limit for the Pacific Coast Highway Street Lighting Modification project, CC-1266, is requested. The contractor has encountered some unforeseen field conditions requiring additional conduit installation to complete the project. Funding Source: Funds in the amount of$1,000,000 are budgeted in Redevelopment Agency account 30590006.82700. The funding includes other street lighting upgrades in addition to this segment on Pacific Coast Highway. Recommended Action: Motion to: Authorize an increase in the construction change order limit for CC-1266 to $30,000. Alternative Action(s): Reject the request, and provide staff with an alternative direction. REQUEST FOR CITY COUNCIL ACTION MEETING ®ATE: 3/2/2009 DEPARTMENT I® NUMBER: 09-09 Analysis: The Pacific Coast Highway Street Lighting Modification Project was awarded by City Council to Steiney & Company, Inc., on August 4, 2008, in the amount of $45,911. The approved change order limit for this project was 10%, or $4,591. The contractor has encountered unforeseen conditions relating to the assumed reuse of certain segments of the underground conduit. The condition precludes the removal of old wiring and the re- installation of new wires in this conduit. In the initial field analysis the wiring appeared to be functional. The design and award was contingent upon use of the existing conduit. New conduits are needed in these segments to complete the project and energize all of the street lighting. It is estimated that the additional costs incurred will be approximately $25,000. This exceeds the original $4,591 change order limit. Staff is requesting approval of a total of$30,000, or 65% construction change order limit for the project to be completed. Public Works Commission Action: The Public Works commission reviewed and approved a motion to recommend to City Council to increase the previously authorized 10% construction change order limit to a total of $30,000 for CC-1266, on February 18, 2009 with a vote of 7-0-0. Strategic Plan Goal: (1-1) Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15303 (c). Attachrnent(s): o 0 1. CC-1266 Project Location Map -2- 2/19/2009 9:36 AM ATTACHMENT # 1 4� PROJECT T ON LOCA ELF P CONDUIT REPLACEMENT NEEDED PACIFIC OCEAN N N.T.S. LOCATION MAP ATTACHMENT STREET LIGHTING UPGRADE AND REPLACEMENT -PACIFIC COAST HIGHWAY CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Increase Construction Change Order Limit-PCH Street Lighting Modification CC-1266 COUNCIL MEETING DATE: March 2, 2009 MEN T FY YE NT�i^ � ,INTAT 8 Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Appiicable ❑ Contract/Agreement (w/exhibits if applicable) Attached - ❑ (Signed in full by the City Attorne ) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached t A icable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION' -ORAISSING`A►TTACHIVI_ENTS '. REVIEV!/ED' RETURNED, SFOR ,A` "RDE®{ Administrative Staff Deputy City Administrator Initial ) City Administrator (Initial) er ) City Clerk ( ) EXPLANATION`F.OR RETURN OF ITEM:" (&Dlaw Space For CWY Clerk's Use s RCA Author: Janusz I RECEIVED#:BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) y f Q after signing/dating 6"i69ffJ (Date) ( 6 °�J. CITY OF HUNTINGTON REACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenriic-h,,�City Treasurer FROM: - r� ,���h4 l_ DATE: SUBJECT: Bond Acceptance 1 have received the bonds for 7 (Company Name) 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 Agenda Item No. r/ (Coup,cil Approval Date) City Clerk Vault No. j - #27 g:/followup/bondletter.doc t CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FO �— �U 12� 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 E o /�_ 0 NG- , a California hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents(as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or g/agree/surfnet/cityconst 12-07 1 I, be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; g/agree/surfnet/cityconst 12-07 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto,, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as g/agree/surfnet/cityconst 12-07 3 "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed z5 e1 NA Dollars ($ as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within consecutiveW ( from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. g/agree/surfnet/cityconst 12-07 4 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the g/agree/surfnet/cityconst 12-07 5 changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten(10) days of filing of the Notice of Completion. g/agree/surfnet/cityconst 12-07 6 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten(10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, g/agree/surfnet/cityconst 12-07 7 the sum of Five Hundred Dollars ($ 500.00 ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting g/agree/surfnet/cityconst 12-07 8 from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing o£ (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as g/agree/surfnet/cityconst 12-07 9 a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. g/agree/surfnet/cityconst 12-07 10 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent(10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the g/agree/surfnet/cityconst]2-07 11 substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone g/agree/surfnet/cityconst 12-07 12 directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. g/agree/surfnet/cityconst 12-07 13 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney g/agree/surfnet/cityconst 12-07 14 evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty(30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten(10) days of receipt of such claim or claims. g/agree/surfnet/cityconst 12-07 15 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, g/agree/surfnet/cityconst 12-07 16 and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead,profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTORS sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein,without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of g/agree/sur net/cityconst 12-07 17 One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTORS agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other parry via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: Y City of Huntington Beach i � v 4 e. ATTN: i, �- L�1p � 1200i tN l-- A G 2000 Main Street Huntington Beach, CA 92648 ���' ��1 /,6t- 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, g/agree/surfnet/cityconst 12-07 18 define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing parry shall not be entitled to recover its attorney's fees from the non-prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent g/agree/surfnet/cityconst 12-07 19 jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. g/agree/surfnet/cityconst 12-07 20 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 41. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, g/agree/surfnet/cityconst 12-07 21 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on 2009. CONTRACTOR CITY OF HUNTINGTON BEACH, a munici corporation of th State of California Steiny, and Company, Inc. Mayor 5% By: ty Clerk Richard Tesoriero,Vice rea r�t print name INITIATED AND APPROVED: ITS: (circle one)Chairman/President/Vice President t AND /k hector of Pu li Works By: 1��,,/ , /' 7�iJ����i ��. REVIEW,E AN AP ROVED: isR�vt6�..i�e,PlleorSii ..�.eciti^.ctr�+ print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. City Admi 1St��Or Secretary-Treasurer J APPROVED AS TO FORM: L"I'ge City Attorney g/agree/surfnet/cityconst 12-07 22 QUOTATION Attachment A STEINY & COMPANY, INC. LICENSE#161273, CLASS A, B, C-10 12907 EAST GARVEY, BALDWIN PARK, CA 91706 PHONE#626-338-9923 FACSIMILE#626-338-8343 July 8, 2008 JOB: HUNTINGTON BEACH - 11TH QUOTEM 3535 BID DATE: 070808 BID TIME: 1430 BID ITEM QUAN. UNIT EXTENSION 1 MOBILIZATION 1 LS $500.00 $500.00 2 TRAFFIC CONTROL 1 LS $500.00 $500.00 REPLACE EXISTING 3 STREET LIGHT 22 EA $175.00 $3,850.00 LUMINAIRES INSTALL NEW STREET 4 LIGHT POLE AND 4 EA $1,580.00 $6,320.00 LUMINAIRE REMOVE EXISTING 5 STREET LIGHT POLE AND 2 EA $864.00 $1,728.00 LUMINAIRE INSTALL CONDUIT, PULL BOXES, TYPE III SERVICE 6 AND CONDUCTORS IN 1 LS $32,193.00 $32,193.00 NEW AND EXISTING CONDUIT 7 CALTRANS 1 LS $820.00 $820.00 ENCROACHMENT PERMIT TOTAL $45,911.00 �1 Excludes: 1)All permit, design and inspection costs. 2)All bond costs. (1%of bid amount or$500.00 minimum, if required.) 3) Signing and striping (labor to install mast arm regulatory signs included). 4)Weekend and Night Work. Notes: 1) Quote valid for 30 Days. 2) Includes traffic control for our work only. Steiny&Company, Inc. Cameron Pellam Estimator SECTION C PROPOSAL for the PACIFIC COAST HIGHWAY STREET LIGHTING MODIFICATIONS from I I'" STREET TO MAIN STREET CC No. 1266 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE CG1266 Street Lighting Modification-Pacific Coast Highway ......... .... ......... ...................... ......... ............. ......... .......... .......... ................. Item: Estiiirfed ..................... .... . ........... ............ ............................................................................................ ................. .................... .............. .... .. ............................ .. a1. Itemi€h iJnif:'rice:Written in a�Vords :ITiii :Prlee::::: ::Aeroiiirt t3' . . . ..... .............. 1 1 LS Mobilization @ F1UE NUNDD Dollars $ boo _ $ Sop p Cents Per LS 2 1 LS Traffic control @ FM y M NON Del E 0 Dollars $ 5 0 0 ` $ 5 0 0 �1ra Cents Per LS 3 22 EA Replace Existing Street Light Luminaries @ bklf- N MiLL-D SEvENt`/ FIVE; Dollars $ i 7 5 $ 3,�50 %, o Cents Per EA 4 4 EA Install New Street Light Pole and Lu ninaries @oaf. "()vsomNo Fiver HuinaGo FiGHTI Dollars $ 5 b " $�37-o— p Cents Per EA 5 2 EA Rermve Existing Street Light Pole and Luminaries HU1�102Eb C1XTY Foo?, Dollars $ 5 6 eJ4 Cents Per EA 6 1 LS Install Conduit,Pull-Boxes,Type III Service and Conductors in New and Existing Conduit @TK�g'Cy-cwoT40U5NND,0t44VwQ"DN'N�YDollars $ 3Z 19'�- $ 32,113 �a cents Per IS 7 1 LS Caltrans Encroachment Permit @�((��1� Kl1WD(lEl �WEN�`'I Dollars $ $— Cents Per LS Total Amount Bid in Figures: $ $ y t t; ............Total Arnount Bid.... s: % .4- ve-- 1QV.£�Xl�--kiiu�^v-4l:4_.� � __ 1 5.._ati , ----- �D c�T y 1 Note:the City will provide poles,luminaries,and electrical service cabinet as indicated on the plans 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 714.536.5530. C-2 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. Y1Ctin the amount of$ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature 6 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 Name and Address of Subcontractor State License Class of Work Number 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 Richard Tesoriero , being first duly sworn, deposes and says that he or she is Vice President of STEINY AND COMPANY,INC. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. STEINY AND COMPANY,INC. Name of Bidder Signature o fL j ND COMPANY,INC. 12907 East Garvey Avenue P.O. Box 8100 Baldwin Park, CA 91706-0993 ., Address of Bidder Subscribed and sworn to before me this'Q(t day o , 20q . SHAWN R. BRADFIELD Y Commission # 1738049 �e Notary Public -California Z Riverside County MVCoMM.EVhWMay9.2011 NOTARY PUBLIC Q,Q� 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 performance of the work specified in the contract, known as the Pacific Coast Highway Street Lighting Modifications, (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. STEINY AND COMPANY,INC, Contractor By is i,;}and Tesodero,Nice PresidMt Title Date: ( LSD? 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? LJ 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 s 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. STEMY AND COMPANY,INC. Contractor sy Rlin,hard Tesodem,Vice ftsident Title Date: C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: 61FIMY AMI)COMPANY, lkfp-- Bidder Name 1207 East Garvey Avenue P.O. Box 8100 Baldwin Paris,CA 91706-0993 Business Address City, State Zip (I1 w 3M-qq V3 Telephone Number State License No.161273 Class A.S.C-7&C-10 State Contractor's License No. and Class Orirn Date Issued `Rail-aI12Mq Ex�pi atAn Date The work site was inspected by MA-10 A(LAN MTV our office on l , 200q The following are persons, firms, and corporations having a principal interest in this proposal: Chairman J.O.Swirly President Vice President Richard Tesorten) Secretary Gayle C.Kappelmmu 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. STEINY AND COMPANY,INC. Company Name Signature of Bidder pif;hard?eWero,Vice PresideinE Printed or Typed Signature Subscribed and sworn to before me thiOC�C�day of o� ' SHAWN R. BRADFIELD Commission # 1738049 '< .e Notary Public -California z Riverside County Mycomm.Bums Mao.2011 NOTARY PUBLIC 1 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. ".5 U pft—of aa—' Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 Major construction projects in progress as of this date: Owner Orange County Transportation Authority (OCTA) Project Location SR 22 Freeway HOV Lane Design Valuation $22,140,890.00 Contact Person David Smith (GMR) Telephone No. (714) 712-1600 Owner City of Santa Monica Project Location FY 2005 Street and Park Lighting Project(SP1970) Valuation $2,089,527.00 Contact Person Gene Higginbotham Telephone No. (310)458-8721 Owner Los Angeles County Metropolitan Transportation Authority Project Location Goldline Valuation $44,423,656.00 Contact Person John Yen Telephone No. (323) 980-2504 Construction projects completed as of this date: Owner County of Los Angeles Project Location Inglewood Avenue, ET AL TSM0010152 Valuation $662,222.00 Contact Person Cliff Craig Telephone No. (626)458-5100 Owner City of Beverly Hills Project Location Phase III Residential Street Lighting Improvements Valuation $7,059,977.00 Contact Person Chris Theisen Telephone No. (310)285-2504 Owner City of Pasadena Project Location Fair Oaks Corridor Transportation Valuation $1,814,489.00 Contact Person Dave Ortega Telephone No. (626) 744-4312 More Available upon Request .1 � THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document M10 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we STEINY AND COMPANY, INC. 12907 E.Garvey Avenue (Here insert full name and address or legal title of Contractor) Baldwin Park,CA 91706 as Principal, hereinafter called the Principal, and SAFECO INSURANCE COMPANY OF AMERICA SAFECO Plaza (Here insert full name and address or legal title of Surety) Seattle,WA 98185 a corporation duly organized under the laws of the State of WA as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal tale of Owner) CITY OF HUNTINGTON BEACH 2000 Main Street,Huntington Beach,CA 92648 as Obligee, hereinafter called the Obligee, in the sum of 10%of Amount Ten percent of amount bid. Dollars ($ Bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name,address and description o1 protect) Pacific Coast Highway Street Lighting Modification CC No. 1266 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 7th day of July 200E STEINY AND COMPANY. INC. aab-�fl -k ,NnAJM&- (Principal) (Seal) (Witness) CFO (Title) �) SAFECO INSURANCE COMPANY OF AMERICA cd, C-0 (Surety) (Seal) Rhonda C.Abel (Witness) zi' po (T le) V 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 • s CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles ss. On July 7,2008 before me, Shawn R. Bradfield,Notary Public Date Name and Title of Officer(e.g.Ume We,Notary Public") personally appeared Vincent Mauch Name(Q of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/afe subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in his/heF41ie4 authorized capacity(fes), and that by his/hen4heif signature(&)on the instrument the person(&), or the entity upon behalf of which the person(&)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SHAWN R. BRADFIELD Commission # 1738049 _m Notary Public -California Z • Riverside County MyComm.E>�S May 9,2011 Signature (Seal) OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document: Title or Type of Document: Bid Bond Document Date: July 7, 2008 Number of Pages: Signer(s)Other Than Named Above: Jeri Apodaca,Safeco Insurance Co.of America Capacity(ies) Claimed by Signer Signer's Name: Richard Tesoriero ❑ Individual Top of thumb here Q Corporate Officer-Title(s): Vice President ❑ Partner(s)- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: STEINY AND COMPANY, INC. M:\SHAWN\Notary\Copy of 2008 Notary Forms 1 7n12008 r , i CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On JUL 0 72008 before me, K. Luu, Notary Public (Here insert name and title of the officer) personally appeared Jeri Apodaca who proved to me on the basis of satisfactory evidence to be the person(;) whose name(x) is/fie subscribed to the within instrument and acknowledged to me that lxalshe/t3siq executed the same in bis/her/theix authorized capaclty(kw), and that by W/her/t r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. K. LUU - Commission i0 1778841 WITNESS my hanq and official seal. <;om . Notary Public - California Orange County m My Comm.EXOMs NOV&,2011 (Notary Seal) Signature of Notary Public ADDITIONAL OPTIONAL,INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i.e. cert ing the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefullyforproper notarial wording and attach this form ifrequired_ • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/shelthay,is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. 5. El Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk. IN Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document Safeco Insurance Company of America POWER General insurance Company of America m Safeco Plaza +� OF ATTORNEY Seattle,WA 98185 KNOW ALL BY THESE PRESENTS: No. 9675 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint **"**RHONDA C.ABEL;JERI APODACA;LISA K CRAIL;LINDA ENRIGHT;JANE KEPNER;NANETTE MARIELLA-MYERS;MIKE PARIZINO; RACHELLE RHEAULT•JAMES A.SCHALLER;Irvine, its true and lawful attomey(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 31 st day of March 2008 STEPHANIE DALEY-`W�A/TSON 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-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 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 JUL 0 7 2008 day of S EA LSEAL a d953 lsz's _C` STEPHANIE DALEY-WATSON,SECRETARY Safeco®and the Safeco logo are registered trademarks of Safeco Corporation. S-0974/DS 4/05 WEB PDF S'TEINY AND COM My INC. .12907 EAST y AVEMUE P.OL IAFA Nth , D N PARK, C 7 3 �ti � 2008 JUL -8 PM 1: 33 `��� .,.� ► , CITY CLERK C;FT It CITY OF I;U dT`iIN'GTJ DEA Cti HUNTINGTON BEACI �a. "x � ,�a,°xy - �lvs,v. �;m,. .,�". S` "N v� " ,•,S 11� { � :;Qy of '.; k t, t i #� �Y+ .�, "'bd✓;' , � ... 5 N'�..0 nfy�+jfPw d;ry "4Yf. '?n , W ,� ` c. i�E��^ City Clerk ty �t � „�. J -•.?� �'�� �:;� w" � ram„ Second F `�, Ioor ry ��i„uxy���y.�` d •�G,Ct���' .. :�+� i t �y+%�� w `�� � � r"�•M1.�,py, -f�,�N�,'��` � ,fie, �, �e sG� ':�;i'rT���. 200 Main Street . , k Huntingtom Beach, Ca. 92648yP z.,h a :� #. 'f � 6� � .� }.. a• ;i vr.,� �:. x �� ; y�., � . t+. PACIFIC COAST HIGHWAY STREET LIGHTING w ` MODIFICATION a, � k � CC No. 1266 �a In thek„ CITY OF HUNGTINGTON BEACH G t r � f f 5 CITY OF 1-II, NTINGTON BEACH Ire 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 5, 2008 Steiny and Company, Inc. 12907 East Garvey Avenue Baldwin Park, CA 91706-0993 To Whom It May Concern: Re: Pacific Coast Highway Lighting Modifications — CC-1266 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5437. Sincerely, n L. Flynn, CIVIC Ity 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\cash con-lette r.doc (Telephone:714-536-5227) RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) � CITY OF HUNTINGTON BEACH . INTERDEPARTMENTAL COMMUNICATION TO: S ri Freidenrich, City Treasurer FROM: 0 7yC � DATE: SUBJECT: Bond Acceptance I have received the bonds for — �i (Company Name) Faithful Performance Bond No. Labor and Material Bond No. 07` Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. MSC No. Approved Agenda Item No. (CouVcil Approval Date) City Clerk Vault No. ,4�A196 Od---\ #27 g1followup/bondletter.doc Bond No. 6585410 Executed in :TripIicai;7) Premium $321.00 PERFORMANCE BON® KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach(hereinafter referred to as"City")has, by written agreement dated 20_, entered into a contract with Steiny and Company, Inc. 12907 E. Garvey Avenue, Baldwin Park, CA 91706 (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: Pacific Coast Highway Lighting Modifications Cash Contract Number 1266 (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract. NOW THEREFORE, we, the undersigned, as Principal, and Safeco Insurance Company of America 330 No. Brand Blvd. , Suite 680, Glendale, CA 91203 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto Ci�y in the penal sum of Forty-Five Thousand Nine Hundred Eleven and no/100, Dollars($ 45,911. ),this amount being not less than one hundred percent of the price set forth in the Contract, in lawful money of the United.States,for the payment of which sum,well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and faithfully perform each and all of the covenants,obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered,amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of City's officers, agents and employees(hereinafter collectively referred to as"Obligees")from any and all losses, liability and damages, claims,judgments, stop notices, fees and costs of every description, whether imposed by law or in equity,which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, including all alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder; then this obligation shall be void; otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees,for value received,that no adjustment of the time or price in the Contract or any alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, limit, restrict, impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract time or contract price,and 277591.1 PERFORMANCE BOND Page 1 of 2 Bond No. 6585410 any other alteration, change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes,deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code§§ 2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such parry's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: August 14, 2008 ATTEST STeiny and Company, Inc. - (Corporate Seal) Principal Name)By: Name: Whard Tesoriero:Vice Praz:A,ont Title: ATTEST Safeco Insurance Company of America (Corporate Seal) (Surety Name) By: �i Name: Je odaca Attorne in Fact (Signature of Attorney-in-Fact for Surety) (Attach Attorney-in-Fact Certificate) ( 8118 956-4338 (Area Code &Telephone Number of Surety) APPROVED AS TO FORM: CITY 0 UNTINGTON BEACH Y c By' % ifer Mc athAttorney Note: This bond must be executed in duplicate and dated,all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 277591.1 PERFORMANCE BOND Page 2 of 2 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles ss. On August 19, 2008 before me, Shawn R. Bradfield,Notary Public Daze Name and Title of Officer(e.g.'Jane Doe,Notary Public") personally appeared Richard Tesoriero Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(R)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/4+e4hey executed the same in his/hen4he4 authorized capacity(ies), and that by his/4en4he4 signature(&) on the instrument the person(&),or the entity upon behalf of which the person(&)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. BRADFIELD Comn # 1738049V@ShOZTH�AWN Notary Public -California_ Riverside County '- MyComm.Expires May 9,2011 IL ' Signature (Seal) 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 ofthis form to another document. Description of Attached Document: Title or Type of Document: Performance Bond Document Date: August 14, 2008 Number of Pages: Signer(s)Other Than Named Above: Jeri Apodaca, Safeco Insurance Co.of America Capacity(ies) Claimed by Signer Signer's Name: Richard Tesoriero ❑ Individual Top of thumb here x❑ Corporate Officer-Title(s): Vice President ❑ Partner(s)- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: STEINY AND COMPANY,INC. M:\SHAWN\Notary\Copy of 2008 Notary Forms 1 8/19/2008 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange 4. On AUG 4 2008 before me, K. Luu, Notary Public (Here insert name and title of the officer) personally appeared Jeri Apodaca who proved to me on the basis of satisfactory evidence to be the person(g)whose name(a)is/m subscribed to the within instrument and acknowledged to me that]mJshe/ice executed the same in} /her/tImeix authorized capacity0m), and that by W/her/ter signature(s) on the instrument the person(i), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 4 K. LUU Commission # 1778641 WITNESS my hand and official seal. ' " Notary Public - California = z to s a orange County MY Comm.Expires Nov 6,2a 11 �`. (Notary Seal) Signature of Notary Public M. ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i_e. certfy ing the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form ijrequired. • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. '? (Additional information) The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/the},-is/a")or circling the correct forts.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk. IX Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. El Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document Executed�inTr�iplicate �� � �C_���/� � Bond No. 6585410 Premium Included in Performance Bond PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as"City")has awarded to Steiny and Company, Inc. 12907 E. Garvey Avenue, Baldwin Park, CA 91706 (name and address of Contractor) (hereinafter referred to as"Principal"), a contract("Contract") for the work described as follows: Pacific Coast Highway Lighting Modifications Cash Contract Number 1266 (project title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law. NOW THEREFORE, we, the undersigned Principal, and Saf eco Insurance Company of America, 330 No. Brand Blvd. , Suite 680, Glendale, CA 91203 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of Fbrty-Fivd Thousand Nine Hundred Eleven and no/00 dollars, ($ 45,911.00 ), this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGA ON IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, 277589.1 PAYMENT BOND Page 1 of 2 Bond No. 6585410 extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEROF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: August 14, 2008 ATTEST Steiny and Company, Inc. (Corporate Seal) Principal Name) By: � Name: fthard Tesoriero;Vice President Its: ATTEST Safeco Insurance Company of America (Corporate Seal) (Surety Name) By: Name:- er aca, t orney in Fact (Signature of Attorney-in-Fact for Surety) (818 ) 956-4338 (Attach Attorney-in-Fact Certificate) (Area Code &Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH By M.s ennifer Mc rath 1 ity Attorney Sf'15�66 Note: This bond must be executed in duplicate and dated, all signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. 277599.1 PAYMENT BOND Page 2 of 2 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles ss. On August 19, 2008 before me, Shawn R. Bradfield,Notary Public Date Name and Title of Officer(e.g."Jane Doe.Notary Public") personally appeared Richard Tesoriero Namc(s)of Signers) who proved to me on the basis of satisfactory evidence to be the person(-,)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she44ey executed the same in his/4e4t4@4 authorized capacity(ie&), and that by his/hef,44e4 signature(s)on the instrument the person(-,), or the entity upon behalf of which the person(&)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SHAWN R. BRADNELD Commission # 1738049 a :w� Notary Public - California z ' `^>• Riverside County '- y ! My Comm.Expires May 9,2011 ' Signature U C� (Seal) 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: Payment Bond(Labor and Materials) Document Date: August 14, 2008 Number of Pages: Signer(s)Other Than Named Above: Jeri Apodaca,Safeco Insurance Co.of America Capacity(ies) Claimed by Signer Signer's Name: Richard Tesoriero ❑ Individual Top of thumb here x❑ Corporate Officer-Title(s): Vice President ❑ Partner(s)- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: STEINY AND COMPANY,INC. M:\SHAWN\Notary\Copy of 2008 Notary Forms 1 8/19/2008 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California Ili County of Orange On AUG 1 4 2008 before me, K. Luu, Notary Public (Here insert name and title of the officer) personally appeared Jeri Apodaca S+ who proved to me on the basis of satisfactory evidence to be the person(st)whose name(g)is/ne subscribed to the within instrument and acknowledged to me that lta/she/lbay executed the same in} /her/theix authorized capacity(�W, and that by l)js/her/tax signature(s) on the instrument the person(i), or the entity upon behalf of which the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. K. LUU Commission # 1778641 WITNESS my hand and official seal. Q -- Notary Public - California z �� ' ,1v Orange County My COMM.Exp(res Nov 6,2011 (Notary Seal) Signature of Notary Public ADDITIONAL OPTIONAL INFORMIATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefullyfor proper notarial wording and attach this form ifrequired. • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAMIED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/tlte3,—is/ere)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment fort. ❑ Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk. C� Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document Safeco Insurance Company of America n POWER General Insurance Company of America Safeco Plaza OF ATTORNEY Seattle,WA 98185 KNOW ALL BY THESE PRESENTS: No. 9675 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint *****RHONDA C.ABEL;JERI APODACA;LISA K.CRAIL;LINDA ENRIGHT;JANE KEPNER;NANETTE MARIELLA-MYERS;MIKE PARIZINO; RACHELLE RHEALILT;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 315t day of March 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 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 aopointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,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 AUG 14 2008 day of Comm SEAT. WEAL 1F STEPHANIE DALEY-WATSON,SECRETARY OF� CpjWdi Safeco0 and the Safeco logo are registered trademarks of Safeco Corporation. S-0974/DS 4/05 WEB PDF 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] Aj"0 7 99MRMY 1 2475421 Certification of Compliance with Title V11 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 1 IF t2 cGRA i� o� • 'ORNEX i 245911 1 CON'TRAC'TOWS CERTIEICSTE 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 fisted below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied(list unpaid debts and claims; if none, write"NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write"NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of , 20 (Signature of Declarant) APPROVED AS TO FOWYI By: — 1-7 -U 3 Zo-O(.f Name: [Type Name] Title: [Type Title] t 245914 1 5A&6ARM Mi"l 0 DATE(MM/DD/YY) 08/26/08 _1y T Iq R -M PRODUCER Aon Risk Insurance Services West, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY fka Aon Risk services, Inc. Of S CA AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS 1901 main Street CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE Suite 300 COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine CA 92614 USA PHONE-(949) 608-6300 FAx-(949) 608-6459 INSURERS AFFORDING COVERAGE INSURED INSURERA Travelers Property Cas Co of America steiny and Company, Inc. INSURER B: PO Box 8100 12907 E. Garvey Avenue INSURER C Baldwin Park CA 91706-0093 USA INSURER D INSURER E. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LIMITS SHOWN ARE AS REQUESTED INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE(MWDD\YY) DATE(MM\IDD\YY) LIMITS 00 A GENERAL LIABILITY vT03-c0-5642B707-TIL-08 07/01/08 07/01/09 EACH OCCURRENCE $1,000,000 COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Anv one fire) $100,000 re) CLAIMS MADE 0 A❑IOCCUR MED EXP(Any one person) $5,000 c) PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PPRO- PRODUCTS-COMP/OP AGG $2,000,000 POLICY L:11 JECT 0 LOC A E LIABILITY VTJ-CAP-5642B719-TIL-08 07/01/08 07/01/09 AUTOMOBILE COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000'000 t ALL OWNED AUTOS BODILY INJURY A (Per person) SCHEDULED AUTOS JrVED A TC'FVRM X HIRED AUTOS BODILY INJURY 7 NON OWNED AUTOS CGRA TKICitbk e�/,�711'(Per accident) PROPERTY DAMAGE H (Peraccident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN EA ACC AUTO ONLY: - I AGG EXCESS LIABILITY EACH OCCURRENCE OCCUR Fl CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION A vTc2j-UB-5642B69A-08 07/01/08 07/01/09 WC 0-- WORKERS COMPENSATION AND qTORY=I IER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1,000,000 E L.DISEASE-POLICY LIMIT $1,000,000 E L.DISEASE-EA EMPLOYEE $1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City Of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are additional insured. Re: Steiny Job #4158 - Pacific coast Highway Lighting modifications, Huntington Beach, CA R (cash contract No. 1266). GL (CG2010 & 2037) & Auto endorsement and WC waiver attached T10�CA'', %L City Of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Department of Public works DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 2000 Main Street PO BOX 190 60 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, e SlIALL FNIPOSE?je Huntington Beach CA 92648 USA E)FA? IGN9 UPON:R qTS OR REPRESENTATIVIZA AUTHORIZED REPRESENTATIVE Issued in Lieu of Certificate Dated: 08/14/08 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: ISSUE DATE: V=J-Co-5642B707-TIL-08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ® OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers Re: Steiny Job #4158 - Pacific Coast Highway Lighting Modifications, Huntington Beach, CA (Cash Contract No. 1266) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to such work, on the project (other than ser- include as an insured the person or organization vice, maintenance or repairs) to be per- shown in the Schedule, but only with respect to formed by or on behalf of the additional liability arising out of your ongoing operations per- insured(s) at the site of the covered op- formed for that insured. erations has been completed; or B. With respect to the insurance afforded to these (2) That portion of "your work" out of which additional insureds, the following exclusion is the injury or damage arises has been put added: to its intended use by any person or or- 2. Exclusions ganization other than another contractor or subcontractor engaged in performing This insurance does not apply to "bodily in- operations for a principal as a part of the jury"or"property damage"occurring after: same project. (1) All work, including materials, parts or equipment furnished in connection with CG 20 10 10 01 ©ISO Properties Inc., 2000 Page 1 of 1 POLICY NUMBER: VTC2J-CO-5642B707-TIL-08 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers Re: Steiny Job #4158 - Pacific Coast Highway Lighting Modifications, Huntington Beach, CA (Cash Contract No. 1266) Information required to complete this Schedule, if not shown above, will be show in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole it in part by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "product completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2000 Page 1 of 1 POLICY NUMBER: VTC2J-CO-5642B707-TIL-08 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - DESIGNATED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Additional Insured: The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers Re: Steiny Job #4158 - Pacific Coast Highway Lighting Modifications, Huntington Beach, CA (Cash Contract No. 1266) A. PROVISION The insurance provided by another endorsement to this Coverage Part to the additional insured designated above is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that"other insurance". However, the insurance provided to the additional insured by that other endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under such"other insurance". CG D3 70 10 05 ©2005 The St. Paul Travelers Companies,Inc. Page 1 of 1 COMMERCIAL AUTO POLICY NUMBER: VTJ-CAP-5642B719-TIL-08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under me following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement This endorsement identifies person(s) or organization(s)who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s)or Organization(s):Any person or organization that you are required to include as an additional insured on this Coverage Form in a written contract or agreement that is signed and executed by you before the"bodily injury"or"property damage"occurs and that is in effect during the policy period. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc.,1998 Page 1 of 1 t U WORKERS' COMPENSATION TRAVELIERSAND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 9903 76(00)—001 POLICY NUMBER: VTC2J-UB-5642B69A-08 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. Schedule Person or Organization ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT PRIOR TO LOSS TO FURNISH THIS WAIVER. i City of nti 'ton Beach CC-1266 Pacific Coast gh 'ay Lighting Modifications Bid Opening: °ly 8 1008 @ 2:30 P.M. Engineer's ate: $100,000 Rank Bidder's Name Bid Amount Corrected Bid Amount AGC AK Engineering 5 1� 5® (�s 0 California Professional Engineering,Inc. —1 3 d 3 Christopher Morales Is So W CSI Electrical Contractors,Inc. 4 ` ®z) Dynalectric IT, b ) ®® 1 JFL Electric ( � -"® ®a �p a SMacadee Electrical 5, Moore Electrical / A �p d Power Nex PTM Engineering Q ok 1 lL�l.1' QRS Lighting Ramilan Electric, Inc. Republic ITS T M c;o Steiny&Company, Inc. �, ®® p k Council/Agency Meeting Held: Deferred/Continued to: Ap ov d ❑ Conditionally Approved ❑ Denied CiKberk:eSigrore Council Meeting Date: 8/4/2008 Department ID Number: PW 08-51 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB , SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATOR PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR 9 PUBLIC 1I SUBJECT: Award Street Lighting Modification Project on Pacific Coast Highway HEE Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s) Statement of Issue: The Street Lighting Modification Project along Pacific Coast Highway from 1 1th Street to Main Street (CC-1266) was advertised and eleven bids were received on July 8, 2008. City Council action to award the project to the lowest responsive and responsible bidder is needed to complete the project. Funding Source: Funds totaling $1 million have been appropriated in the current budget year for the upgrading and replacement of street lighting in the downtown area. The funding amount also includes other roadway segments for street lighting upgrades in addition to this segment on Pacific Coast Highway. Funding is from the Redevelopment Agency Account 30590006.82700. The engineer's cost estimate for this project (CC-1266) is $98,000. Recommended Action: Motion to: 1. Approve the project plans and specifications for the Street Lighting Modifications along Pacific Coast Highway from 11th Street to Main Street (CC-1266); 2. Accept the lowest responsive and responsible bid submitted by Steiny & Company, Inc., in the amount of $45,911.00; and 3. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids and direct staff to readvertise or abandon the project. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/4/2008 DEPARTMENT ID NUMBER: PW 08-51 Analysis: Segments of the existing street lighting system in the downtown area are 50 to 70 years old and the poles and conduits are severely rusted or corroded in many places. These systems also operate at 4,000 to 6,000 volts, whereas the current design practice is 120 or 240 volts. The combination of high voltage and the degradation of the system increase the risk in performing maintenance and construction projects in the area. This segment of Pacific Coast Highway was identified as the first project within the downtown redevelopment area for upgrading the poles, conduit and circuitry. The project limits will be along Pacific Coast Highway from 11th Street to 6th Street on the east (inland) side and from 9th Street to Main Street on the west (ocean) side. These limits correspond to the existing conduit and circuitry which is in place today. The lighting north of these limits is owned and maintained by Southern California Edison. To the south, the lighting on the inland side south of 6th Street will be Southern California Edison owned and maintained and will be installed with the Strand project. On the ocean side of Pacific Coast Highway, the existing street lighting south of Main Street is part of a separate circuit and is planned to be upgraded with a future phase of the street lighting upgrades. The project consists of replacing the existing 5,000 volt system with a 240 volt system, consistent with current design standards. Several poles were identified as being severely rusted and will be replaced. The existing conduit in this segment was found to be in mostly serviceable condition, in contrast to many other conduit segments within the downtown area. While some new conduit will be installed, most existing segments will be reused. A complete set of plans and specifications are available for review at the Public Works counter during normal business hours. Bids were opened publicly on July 8, 2008, and are listed in ascending order: Bidder Submitted Corrected Bid Bid 1 Steiny & Company, Inc. $45,911.00 2 PTM Engineering $46,460.00 3 Christopher R. Morales, Inc. $47,550.00 4 1 Dynalectric $57,986.00 5 Macadee Electrical $58,869.00 6 CSI Electrical Contractors, Inc. $58,955.00 7 AK Engineering $59,250.00 8 Moore Electrical $64,321.00 9 Republic ITS $67,775.00 10 JFL Electric, Inc. $68,409.00 11 California Professional Engineering, Inc. $78,340.00 -2- 7/16/2008 2:56 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 8/4/2008 DEPARTMENT ID NUMBER: PW 08-51 The estimated cost for this project is $98,000 which includes the City purchase of all major equipment. The City typically purchases all major components of the street lighting equipment directly. This practice ensures consistency of equipment among the traffic signals and street lighting maintained by the City. Direct purchase also provides the added benefit of reduced costs to the City due to elimination of contractor mark-ups, typically in excess of 20 percent on this type of equipment. The reference check for Steiny & Company, Inc. provided acceptable responses from past clients. All other elements of the bid were found to be in compliance with bidding requirements. Therefore, staff recommends that the City Council accept the bid from Steiny & Company, Inc. as the lowest responsive and responsible bidder. Public Works Commission Action: The Public Works Commission recommended the project on April 16, 2008, by a vote of 7-0-0. Strategic Plan Goal: (1-1) Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15303 (c). Attachment(s): City Clerk's Page Number No. Description 1. Project Location Ma -3- 7/16/2008 2:56 PM ATTACHMENT # 1 O �o PROJECT �P LOCATION PACIFIC OCEAN \X N N.T.S. LOCATION MAP ATTACHMENT STREET LIGHTING UPGRADE AND REPLACEMENT —PACIFIC COAST HIGHWAY CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS RCA ROUTING SHEET INITIATING DEPARTMENT: Public works SUBJECT: Award Street Lighting Modification Project - Pacific Coast Highway from 111h Street to Main Street COUNCIL MEETING DATE: August 4, 2008 RCAATTAC H M E N TS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable N Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable N Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable N Bonds (If applicable) Attached ❑ Not Applicable N Staff Report (If applicable) Attached ❑ Not Applicable N Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable N Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable N � EXPLANATIONFORS,MISSING ATTACHMENTS g �� :. REVIEWED' RETURNED` fORWAK DED Administrative Staff ( ) Deputy City Administrator Initial City Administrator Initial City Clerk ( ) EXPLANATION=:FOR-RETURN°OF;ITEM: (BelowOnly) RCA Author: Janusz Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior --- ----� Court of Orange County,State of California,under date of Aug.24, 1994,case s NOTICE INVITING A50479. T SEALED BIDS for 1266 PROOF OF cs here Notice is hereby given that sealed bids will be PUBLICATION received by the City of (Huntington Beach at the ;office of the City Clerk `at City Hall, 2000 Main kStreet, Huntington 'Beach, CA 92648, until theon STATE OF CALIFORNIA ) fJulyh8, 2008, at of 2:30Pwhich (time bids will be opened publicly and read aloud SS. in fforththeoPacl a mberi Pacific Coast COUNTY OF ORANGE \ ;Highway Street J ,,Lighting Modifications from Main Street to I11th Street, CC-1266 in the City of Huntington ach. resident of the County aforesaid; I am over A set of plans, . 'specifications, and con- be the a e of ei hteen ears and not a party �tract documents may June -g------ - g�--- - years, --' party_— ..--- - ---- _ __--.�-obtained-wstertinB- ,ane i 1.12,-2008 at City Hall, to or interested in the below entitled matter. Department of Public I am a principal clerk of the HUNTINGTON non--reoreufundlnd receipt of nable fee of BEACH INDEPENDENT, a newspaper of $ sales tax ;or eluu dedded,, if picked up or $40.00 if mailed (bid- general circulation, printed and published in der shall pay additional the City of Huntington Beach, County of costs cry))ryfor special deliv- . Orange, State of California, and the adeh bid shah be made on the Proposal attached Notice is a true and complete copy Form.provided in the contract documents,, and shall be accompa as was printed and published on the nied by a certified or following dates cashier's check or a bid ��tt ( ,: I bond for not less than y. .. �.. 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 June 12, 19, 26, 2008 applicable thereto, with the exception only of Jul 3 2008 such variations that y 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 declare, under penalty of perjury, that the a aw manner provided Y foregoing is true and correct. No bid shall be consid- Bred-unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, -and is made in accordance Executed on July 3, 2008 i with the provisions of at Huntington Beach California t h e p,r o p o,s a I, requirements. Each bidder must be licensed as,required'by law. The City'Council of the; City of Huntington Beach reserves the.tight{ to reject any or all bids. ((I Signatu By order-of the CityS' Council of,the City of Huntington Beach, Cali-' - fornia the 4th day of RESOLUTIONSeptember ,0007by /s/loan L.Flynn City Clerk of the City,of, }Huntington Beach 2000 Main Street. (714)536-5431 Published Huntington Beach Independent June, 12, 19, 26, July 3, 2008 .062-767, Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior NOTICE INVITING Court of Orange County,State of California,under date of Aug.24, 1994,case SEALED BIDS A50479. for CC-1466 Notice is hereby given PROOF OF that sealed bids will be received by the City of PUBLICATION Huntington Beach at the office of the•City Clerk at City.Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:30 PM onJ�lly STATE OF CALIFORNIA ) time bi 2008, at opened tim publicly will ea opened publicly and read aloud in the Council Chambers' ) SS. for the Pacific .Coast Highway Street COUNTY OF ORANGE ) Streetdifications llth Street, CC-1266 in the City of Huntington I am the Citizen of the United States and a BAchset of plans, specifications, and con- resident of the County aforesaid; I am over tract documents may be obtained starting June the age of eighteen years, and not a party 12, 2008 at City Hall, Department of Public to or interested in the below entitled matter. Works upon receipt of a am a principal clerk of the HUNTINGTONI - $30.00"sales tax-inf - eluded, if picked up or - BEACH INDEPENDENT, a newspaper of $40.00 if mailed (bid- der shall pay additional general circulation, printed and published in costs for special deliv- ery): the City of Huntington Beach, County of Each bid shall be Orange, State of California, and the made on the Proposal form provided in thecon ' attached Notice is a true and complete copy and shot documents, and shall be accompa- nied by a certified or as was printed and published on the cashier's check or a bid 'bond for not less than following date(s): 10%' of the amount of the bid, made payable sr to the City of Hunting- ton Beach:The Contrac- tor 'shall, in the _per- formahcb,of 'the*work and imprbvementsd.V6n form to'the LW6r•'Cod6 of the.State df Califdr- nia' and'othe�jLaws" the State of Califorhia applicable thereto,•with June 12, 19, 26, 2008 the exception only of such variations that July 3, 2008 thmay be required under e special statutes purr' suent to which proceed- ings hereunder are tak- ,an 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 i y law.declare, under penalty of perjury, that the b No bid shall be consid- fore oin is true and correct. ered unless it is made g g on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance Executed on July 3, 2008 i with e the p provisions a f P at Huntington Beach California requirements. Each bidder must be licensed as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids: By order of the City Signature s Council of the City of Huntington Beach, Cali- fornia the 4th day'of September 2007, by -• RESOLUTION 2007-55.. /s/Joan L.Flynn a I City Clerk of the City ofi Huntington Beach j- 2000 Main Street. I (714)536-5431 - Published Huntington; Beach Independent June 12, 19, 26, July 3, 2008'062-767, ------ City of Huntington Beach CC-1266 Pacific Coast Highway Lighting Modifications Bid Opening: July 8, 2008 @ 2:30 P.M. Engineer's Estimate: $100,000 Rank Bidder's Name Bid Amount Corrected Bid Amount AGC AK Engineering 5 1� C=J Vc California Professional Engineering,Inc. 1 J b Christopher Morales S ISO I Q0 W CSI Electrical Contractors,Inc. S5 6 (Yj* Dynalectric (� 9 C)O 1 Q JFL Electric �p m SMacadee Electrical 5(R C)C:) Moore Electrical / A (p e Power Nex PTM Engineering C) 0 QRS Lighting Ramilan Electric,Inc. Republic ITS / ��� � CO Steiny&Company, Inc. City of Huntington Beach CC-1266 Pacific Coast Highway Lighting Modifications Bid Opening: July 8, 2008 @ 2:30 P.M. Engineer's Estimate: $100,000 Rank Bidder's Name Bid Amount Corrected Bid Amount AGC AK Engineering 5`J' oL 5-0 -California Professional Engineering,Inc. 7 Christopher Morales 4' Z/7, '�5-6—D ,,CSI Electrical Contractors, Inc. 52 „ S �Dynalectric _ 5-7 I y�ro L Electric rp r, D `� Macadee Electrical Moore Electrical Power Nex y 'PTM Engineering 474�o QRS Lighting Ramilan Electric, Inc. Republic ITS �' Steiny&Company, Inc. o RCEIVED R ECEll V E ED 2008 JUL -8 PH 2: 31 2008 JUL -8 PM 2: 30. C I T y H U 11 T IN G TO B E A C H CITY Olt HU1,111TINGTON BEACH cn 04 -4 S,z, .t>-o 00 -aE W, C-i CITY OF HUNTINGTON BEACH 2000 Main Street P . O . Box 1 90 Huntington Beach , CA 92648 LETTER OF TRANSMITTAL Fax (714) 374-1573 Attention: Joan L. Flynn Date: June 5, 2008 To: City Clerk's Office ProjectlC.C.No.: C.C. No. 1266 2000 Main Street Regarding:Pacific Coast Highway Street Lighting Modifications Huntington Beach, CA 92648 ❑ 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#. Copies ,.Ra es-, ; .,,-`Description,,,:: _ 1 1 1 Notice Inviting Sealed Bids for CC-1266 2 Pacific Coast Highway Street Lighting Modifications 3 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Per Resolution 2007-55 (adopted on September 4, 2007), the City Council authorized the advertisement of the above Pacific Coast Highway Street Lighting Modifications. Please find attached the Notice Inviting Sealed Bids for advertisement on 6/12/08, 6/19/08, 6/26/08 & 7/3/08. The bid opening is scheduled for 7/8/08. Please contact me at 374-1628 with any questions you may have. c: file By: William F.Janusz cipal Civil Engi e G:\CONSTRUCTION CONTRACTS(CCS)\CC1266\NISB TRANSMITAL TO CLERK-CC-1266.DOC NOTICE INVITING SEALED BIDS for CC-1266 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:30 PM on July 8, 2008, at which time bids will be opened publicly and read aloud in the Council Chambers for the Pacific Coast Highway Street Lighting Modifications from Main Street to 111h Street, CC-1266 in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting June 12, 2008 at City Hall, Department of Public Works upon receipt of a non-refundable fee of$30.00, sales tax included, if picked up or$40.00 if mailed (bidder shall pay additional costs for special delivery). Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 4th day of September 2007, by RESOLUTION 2007-55. /s/ Joan L. Flynn City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 CC-1266 Unsuccessful Bids CC- 1266 Pacific Coast Highway Street bighting Modification r 2008 JUL -8 PH 1: 49 At J 'j I City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Pacific Coast Highway Street Lighting Modifications from 11 TH Street to Main Street CC-1266 June 26, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) Section 307—Street Lighting and Traffic Signals Add the following: The price bid for "Install New Street Light Pole and Luminaries" shall include the installation of the foundation. The following revisions are made on the Street Lighting Plan,Sheet 2 of 2. 2) Install 6 #6 conductors in the conduit crossing Pacific Coast Highway at 7t' Street. Install 9 #6 conductors in the conduit from approximately STA 19+20 on the east (inland) side of Pacific Coast Highway to the electrical service cabinet. 3) The conduit on the east (inland) side of Pacific Coast Highway from STA 17+91 to 6t' Street shall be designated as"CF",conduit for future use. This is to acknowledge receipt and review of Addendum Number One, dated June 26, 2008. Company Name By 4�- 30- obi Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at(714)536-5431. SECTION C PROPOSAL for the PACIFIC COAST HIGHWAY STREET LIGHTING MODIFICATIONS from IITH STREET TO MAIN STREET CC No. 1266 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT DID SCHEDULE CC-1266 Street Lighting Modification-Pacific Coast Highway ........... ............ ............................................................................................ ................. Items: Pi3tiifetl : .......... ........... .. ........ ............ . . ExteuJed :::: . ...................... .......................................................................... .................................... ......;. ............ .,....._ . 1110::: :::Quanti :. ... ItemWitli:Unit:Price:Wittten:iii><: 'orris::::::::: .... 1 1 LS Mobilization @ � S i Y_ 0 w a SOds Dollars $ (Qp�� _Z e . Cents Per LS 2 1 LS Traffic control Five vc 4 ►'t UU•.Sc..ndLg Dollars $ OD� $ `J" Dbo ?_e r Cents Per LS 3 22 EA Replace Existing Street Ligbt Lmnnaries @ St x kLA n dq-_j ---w e n4u Dollars $ $�U Cents Per EA 4 4 EA Install New Street Light Pole and 1 urninaries @ one �hou.Sa,,cl ram.. hvrJlaz Dollars $�S(7 $ 1[)b� C,,,,, c- Q;,-/:) Cents Per EA U 5 2 EA Rermve Existing Street Light Pole and Luminaries @ S e,t�., l-w•r►a� rl �i�'� Dollars $ �_Lt) $ Cents Per EA 6 1 LS Install Conduit,Pull-Boxes,Type III Service and Conductors m New and Existing Conduit ou�Scne Dollars $2�j nn� Cents Per LS 7 1 LS Caltrans Fhcroachment Pan-it @ TV,�cc k�•fl S4�as Dollars $ $�G�'= Cents Per Ls Total Amount Bid in Figures: $ $ as 0 Total Amount Bid in Words: Note:the City will provide poles,luminaries,and electrical service cabinet as indicated on the plans at no cost to the Contractor.Contractor to pick up materials at the City Yard, 17371 Godwd Street. Contact George Ruff two working days in advance for pick up at 714.536.5530. C-2 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. r Accompanying this proposal of bid, find R in the amount of which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-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 Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange L,L._ , being first duly sworn, deposes and says that he or she is L�L J n-c..r of P JL e-�r�,;r s .2, d G. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Ak EtJGt*3LCA2 „,� & Name of Bidder IOW J Z DIJ e . Signature of Bidder 12 S S. i.J -e,-me:, fire-- S)-e. I^1 Address of Bidder San 'Gernc�rdk j C4 CT L �Y Subscribed and sworn to before me this 5,T4- day of 20 0 ` .. ----------------------- LUCENA A.PANZA COMM.#1787720 NOTARY PUBLIC•CAUFORNtA SAN BERNARDINO COUNTY � COMM. DEC 26;2011 NOTARY PUBLIC J. irc,,oiyq 4. P,,,A/Z.,4 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 performance of the work specified in the contract, known as the Pacific Coast Highway Street Lighting Modifications, (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. AV_ I=K c,--tz,o 6- Contractor By Title Date: C-6 DISQUALIFICArTION 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 W4 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. Contractor V,0- By 0 Title Date: 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 Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER°S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address n `) City, State Zip (94 ) Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by *MA l_ ](-I+C-L,L of our office on — , 206.K 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. K C--l A(—,If'JC—i�gt"� Company Name Kav-V\A L� LAJ tl e� Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this 9-Aday of LUCENA A.PANZA� COMM.#1787720 NOTARY PUBLIC•CALIFORNIAA SAN BERNARDINO COUNTY 2 Conan. res DEC 26;2011 NOTARY PUBLIC =1rLG Gfi A� /� Gl 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. SCCL l"4-4�C 4 4 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 List of References Completed Projects: Owner: Los Angeles County Department of Public Works Contact Person: Luke Miller Contract Amount: $206,849.06 Telephone: 626-458-3122 Traffic Signal Installation, Modification and Intersection Improvements at the following Locations: 1 , Puente Ave/Cagilero St. 2. Colima Ave/Batson St. 3, Colima Ave The work includes Installation off underground Conduit, Pull Boxes, Foundations, Traffic Signal Equipment complete, Traffic Loops, Wiring and Wheelchair Ramps. Owner: State of California Department of Transportation (Caltrans) Contact Person: Hassan Jaber 1 . PCH and 5"' Contract Amount: $249,980.00 2, PCH/ Telephone: 562-755-9220 The Work includes Installation off underground Conduit, Pull Boxes, Foundations, Traffic Signal Equipment complete, Traffic Loops, Wiring and Wheelchair Ramps Owner: State of California Department of Transportation (Caltrans) Contact Person: Paul Wang Contract Amount: $$203,280.00 1 , Western Ave/Torrance Blvd, in the City of Torrance Telephone: 562-755-9216 The Work includes Installation off underground Conduit, Pull Boxes, Foundations, Traffic Signal Equipment complete, Traffic Loops, Wiring and Wheelchair Ramps Owner: City of Walnut Contract Amount: $126,985.00 Contact Person: Steve Staples Telephone: 909-208-6325 1 , Amar Rd,/Heidelberg The Work includes Installation off underground Conduit, Pull Boxes, Foundations, Traffic Signal Equipment complete, Traffic Loops, Wiring and Wheelchair Ramps Owner: City of San Dimas Contract Amount: $16,350.00 Contact Person: John Campbell Telephone: 909-394-6200 1 , Covina Blvd/Lone Hill Ave. Traffic Signal and Lighting/Intersection Modification and Video Detection Cameras Owner: City of Arcadia Contract Amount: $$167,975.00 Contact Person: Rafael Fajardo Telephone: 626-574-5481 1 ,First/Santa Clara St,The Work includes Installation off underground Conduit, Pull Boxes, Foundations, Traffic Signal Equipment complete, Traffic Loops, Wiring and Wheelchair Ramps Owner: City of San Marino Contract Amount: $267,050.00 Contact Person: Chuck Richey Telephone: 626-300-0700 Street Lighting Improvements, underground Conduit, Pull Boxes, Foundations, Wiring and Lighting Fixtures complete, Owner: City of San Bernardino Contract Amount: $303,285.00 Contact Person: Henry Wingson Telephone: 909-384-5155 1 , At three different Locations. The Work includes Installation off underground Conduit, Pull Boxes, Foundations, Traffic Signal Equipment complete, Traffic Loops, Wiring and Wheelchair Ramps Owner: City of Pasadena Contract Amount: $324,200.00 Contact Person: Arnold Dichosa Telephone: 626-744-7402 1 , Fair Oaks Ave/Palisades St. Street Lighting Improvements, underground Conduit, Pull Boxes, Foundations, Wiring and Lighting Fixtures complete. Owner: State of California Department of Transportation (Caltrans)/2007 Work Description: Modify Signal and Lighting/Intersection Modification Owner: City of Costa Mesa Contact Person: John Cox Telephone: 714-754-5184 Work Description: East 17'h Street/Raymond Avenue Flashing Crosswalk Owner: City of Montclair Contact Person: Michael Hudson Work Description: Signalization of the Arrow Hwy & Police Dept. Intersection Project Projects Currently on Hand Owner: City of San Bernardino Contact Person: Mark Lancaster Telephone: 909-384-51 1 1 Work Description: Traffic Signal & Street Improvements at Mill & Macy St. Contract Amount: $303,285.00 Owner: City of Montclair Contact Person: Steve Stanton Telephone: 909-625-9444 Work Description: Signalization of the Central Ave. & Howard St, Intersection Project Contract Amount: $236,055.00 Owner: City of Yucaipa Contact Person: John LaRose Telephone: 909-208-4710 Work Description: Traffic Signal Interconnect on Oak Glen Rd. from Calimesa BI. to Bryant St. Contract Amount: $341 ,031 .00 CITE' OF ICI, NTING'TON BEACH 2000 MAIN STREET CALIFORNIA 92648 FE OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK September 23, 2008 CSI Electrical Contractors 10623 Fulton Wells Ave. Santa Fe Springs, CA 90670 RE: CC-1266— Pacific Coast Highway Street Lighting Modification Enclosed please find your original bid bond for CC-1266. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe enclosure g:/followup/cashcont/returnbidbond.doc (Telephone:714-536-5227) .JN Senior Estimator ` Q[!` Transportation Group —A UH; Office: 562.236.9820 i 0. Fax: 562.236,9499 Cell: vz 200$ JUL -8 Pill Z: 19 WO - 10623 Fulton Wells Avenue w Santa Fe Springs, CA 90670 pp , G) eac- S cc /100 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Pacific Coast Hi_ghwaY Street Lighting Modifications from 11 TH Street to Main Street CC-1266 June 26, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) Section 307—Street Lighting and Traffic Signals Add the following: The price bid for "Install New Street Light Pole and Luminaries" shall include the installation of the foundation. The following revisions are made on the Street Lighting Plan,Sheet 2 of 2. 2) Install 6 #6 conductors in the conduit crossing Pacific Coast Highway at 7t' Street. Install 9 #6 conductors in the conduit from approximately STA 19+20 on the east (inland) side of Pacific Coast Highway to the electrical service cabinet. 3) The conduit on the east (inland) side of Pacific Coast Highway from STA 17+91 to 6t' Street shall be designated as"CIF", conduit for future use. This is to acknowledge receipt and review of Addendum Number One, dated June 26, 2 08. � �p �7rt`C-mil l ,061 r, cxJo Company Name By Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at(714)536-5431. SECTION C PROPOSAL for the PACIFIC COAST HIGHWAY STREET LIGHTING MODIFICATIONS from 11TH STREET TO MAIN STREET CC No. 1266 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL, OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule.' BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE CG1266 Street Lighting Modification-Pacific Coast Highway ltexti: .......... : Exte .. :::: it:Price: lmtiuiiE:::::'Um ;. • .....Q�auti y:: :::::::::::::::::::Item.... it:Puce:Written:m:Words:> : >::::: ;:. . 1 11-S Mobilization - 1 \ @ l �r S. �}e 1 OLLSOL %A- Dn�tt to f%A J c�C 1_ Dollars $3 icz N p Cents -1 Per LS 2 1 LS Traffic control aa @7Arlee },..4 Dollars $ 0 (30®� L p Cents Per LS 3 22 EA Replace Existing Street Light Luminaries @�i ho cln�✓� SiX.� •h nr;✓g_ Dollars $ ZCoS oo �O Oro /y O Cents Per EA 4 4 EA Install New Street Light Pole and I zn inaries Poe- Dollars $z�°-° $ g.ZGdO� O Cents Per EA 5 2 EA Rmwe Existing Street Light Pole and Lurn naries Dollars $ 7S 0 q� $ 1 @.5e p Cents Per EA 6 1 LS Install Conduit,Pull-Boxes,Type III Service and Conductors in New and Existing Conduit r.,�l�nuSM nA en tt u Dollars $3Y)(g0°= $-?,Y 76 0� t O Cents ' Per LS 7 1 LS Caltrans Encroachment Pemut J c7 Cents Per LS Total Amount Bid in Figures:$ $�$ 9`�!-a - Total-- Total Amount Bid in Words: �-� Lk 7,Q ys r� _ �„ u�.�,-e ------------------------- � ------ - - - -- - S Note:the City will provide poles,luminaries,and electrical service cabinet as indicated on the plans at no cost to the Contractor.Contractor to pick up materials at the City Yard, 17371 Godwd Street. Contact George Ruff two working days in advance for pick up at 714.536.5530. C-2 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 b)A 6^ in the amount of$ /0 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 Bidde s S re 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 Name and Address of Subcontractor State License Class of Work Number tv../� /�mr�n•°, fin• v ce , 7,q S �• 44-1 t�-4�, 1�0�SDnA �a 0 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, de oses and says that he or she is of G L4he party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder �ejje.-\ -J,,` Address of Bidder Subscribed and sworn to b e me this day of_, 20_ NOTARY PUBLIC NOTARY SEAL C-5 CALIFORNIA JURAT WITH AFFIANT STATEMENT 'See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) P 3 Signature of Document Signer No.1 Sign ture of Document Signer No.2(if any) State of California County of1."Y' Subscribed and sworn to (or affirmed) before me on this rl` - day of IJ` . 20 , by Date Mo9fh Year (1) 2jlyem 6 0�b , Name of igner proved to me on the basis of satisfactory evidence to be the person who appeared before me (and JN'IFER ALVA&EZ (2) Name of Signer GO 1Of9 1� 012 NOS't�ub#C- proved to me on the basis of satisfactory evidence LOS Angeles California C to be the person who appeared be-fore me.) Mt►Qon4rr>.B�SNA�f.201Z _ Signatur e4 igr(atur Hof ary Pull' Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Top of thumb here Top of thumb here Further Description of Any Attached Document -_ - Title or Type of Document: Document Date: Number of Pages: r' ' Signer(s)Other Than Named Above: ©2007 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91 31 3-2402-www.NationaiNotary.org Item#5910 Reorder:Call Toll-Free 1-800-876-6827 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Pacific Coast Highway Street Lighting Modifications, (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. Co4ru1(.S mac., Contractor By 15-Ee a er, Title Date: (n 05-®$ C-6 IDISQUALIFICATION 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. Contractor By �e.4,e-, a Title Date: f % C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation wil e permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of t e Government Code requires a Dig Alert Identification Number be issued before a Permit to Excav to will be valid. To obtain a Dig Alert Identi ation Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working da before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name I D fo 7.3 EL4or. Q td[S Business (Address p, CC.'7C� City, State Zip Telephone Number (� /-2 gc�)q State Contractor's License No. and Class "e-V Original Date Issued Expiration Date The work site was inspected by 64e-,-P-, �b, of our office on 7 —Z , 20 f 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 Subscribed and sworn to before me this q day of NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address of Public Agency Name and Telephone No. of Project Manager: ContractN ount Type of Work Date Completed 2. Name and Address%No. Agency Name and Telephooject Manager: Contract Amount T of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 CALIFORNIA JURAT WITH AFFIANT STATEMENT See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signet re of Document Signer No.1 Signature of Docu ent Signer No.2(if any) State of California County of Subscribed and sworn to (or affirmed) before me on this day of A\1 20 , by Date 3M nth Year (1) eb\ �p f Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (and ( - a 2)JENNIPER;!VAREY Name of Signer ComNot" Pslon t 798012 roved to me on the basis of satisfactoryevidence Notoiy u�pc-California P s Los Angeles County to be the person who appeared before me.) WCOMM.800MIX7,2012 Signature f Sign f Notary P Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent - fraudulent removal and reattachment of this form to another document. Top of thumb here Top of thumb here Further Description of Any Attached Document Title or Type of Document:_ Document Date: `�V Number of Pages: ,c Signer(s)Other Than Named Above: ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotary.org Item#5910 Reorder:Call Toll-Free 1-800-876-6827 SELECTED TRANSPORTATION JOB LIST ELECTRICAL CONTRACTORS 1 Project A1002 Radar Speed Signs Owner City of Glendale Address 633 E. Broadway, Room 300 Address Glendale, CA 91206 Contact Violet Nielsen Phone 818 548-2716 Value $125,433 % Complete 100%, 2006 2 Project A1004 Safe Routes to School Owner City of South Gate Address 8650 California Ave Address South Gate, CA 90280 Contact Abdulla Ahmed, Jack Perich Phone 323 563-9581 (cell 323 216-9508), 714 914-8370 Value $829,450 % Complete 100%, 2007 3 Project 6611000 Roadway Lighting Conversion, 10 & 110 Freeways Owner Cal-Trans Dist. 7 (State of California) Address 14620 Carmenita Road Address Norwalk, CA 90650 Contact Paul Wang Phone 562 926-2537 (cell 562 755-9216) Value $2,248,207 % Complete 99%, 2007 4 Project 6611004 Loop Road East, Irvine Owner Hathaway Dinwiddie Address 811 Wilshire Blvd, Ste.1500 Address L.A., CA 90017 Contact Jose Ignes Phone 213 236-0500 (cell213 952-8009 Value $146,813 % Complete 100%, 2007 5 Project 6611007 Signalization, Park& 10th Owner City of Long Beach Address 333 W. Ocean Blvd. 10th Floor Address Long Beach, CA 90802 Contact Teodoro Noel Phone 562 570-5172 (cell 562 577-6252) Value $160,067 % Complete 100%, 2007 6 Project 7611000 Azusa Ave Intersections Owner City of West Covina Address 1444 W. Garvey Ave Address West Covina, CA 91793 Contact Miguel Hernandez Phone 626 939-8731 Value $884,217 % Complete 87%, 2007 Updated 30Aug'07 Bond No. 5466560 KNOW ALL MEN BY THESE PRESENTS;that we, CSI Electrical Contractors, Inc. as principal,and the GREAT AMERICAN INSURANCE COMPANY, a corporation existing under the laws of the State of Ohio,having its Administrative Office at 580 Walnut Street, Cincinnati,Ohio 45202,as surety, are held and firmly bound unto City of Huntington Beach as obligee,in the penal sum of Ten Percent of the Amount Bid Dollars $ 10%'*— � ) ,lawful money of the United States of America,for the payment of which, well and truly to be made,we bind ourselves,our heirs,executors,administrator,successors and assigns,Jointly and severally,firmly by these presents. SIGNED,sealed and dated this 7th day of July 2008 WHEREAS,the said principal CSI Electrical Contractors, Inc. herewith submitting a proposal for Street Light Modifications 11th St.to Main St. NOW,THEREFORE, the condition of this obligation is such that,if the said principal shall be awarded the said contract, and shall within Ninety ( 90 ) days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract,then this obligation shall be null and void otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount be in excess of the former;but in no event shall the liability hereunder exc e penal sum hereof. CSI Electrical ntractors/ GREAT AMERICAN INSURANCE COMPANY Principal By: Robert W. Bader ,Attorney-in-Fact F.9116 GREAT AMERICAN INSURANCE COMPANY® Administrative Office:580 WALNUT STREET• CINCINNATI,OHIO 45202. 613-360-5000• FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No.0 14270 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorneyin-fact,for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power ROBERT W.BADER ALL OF ALL MARIE HALL PASADENA, $75,000,000.00 RENE BRANCHEAU CALIFORNIA DANIEL T.McGANN This Powerof Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 27" day of, APRIL , 2006. Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO,COUNTY OF HAMILTON-ss: DAVID C.xiTCHiN (513-369-3811) On this 27' day of APRIL , 2006, before me personally appeared DAVID C.KITCHIN,to me known,being duly sworn, deposes and says that he resides in Cincinnati,Ohio,that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1,1993. RESOLVED: That the Division President,the several Division Vice Presidents and Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof-to prescribe their respective duties and the respective limits of their authority,and to revoke any such appointment at any time. RESOLVED FURTHER:That the Company seal and the signature of any of the aforesaid ofcers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any botur undertaking,contract or suretyship, or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,RONALD C.HAYES,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1,1993 have not been revoked and are now in full force and effect. Signed and sealed this 7 th day of, ,JU ly 2008 S 1029T(11 t01) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On (D C3l`C)'�( before me, Date Here Insert Name and of the Officer personally appeared � ��,1 . R�C\e C Nam s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persoWpoJ-whose names)-isfpfe subscribed to the within instrument and acknowledged to me that he/at3&tl�4 executed the same in his/tom€/tl authorized capacity(i9K, and that by his/W"r signatureK on the instrument the persorAb6r" or the entity upon behalf of VALERIE C.GONZALES which the perso5(4}acted, executed the instrument. Canmluton#1684564 @My N Los ngw •county I certif under PENALTY OF PERJURY under the laws los Angeles County Y Comm.Expirm Jul 29,20t0 of the State of California that the foregoing paragraph is true and correct. WITNESS my h nd and official se I. Signature Place Notary Seal Above p� Signature o otary u lic OPTIONA if 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:(°<J �� >�,/ �T,r _ crtS ��,_ f y,CZ Document Date: Number of Pages: 12) Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ _ C Partner—❑ Limited ❑ General ❑ Attorney in Fact L Attorney in Fact m Trustee Top of thumb here 'I Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,PO.Box 2402-Chatsworth,CA 91313-2402-www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 �. CITY O I TON BEACH O 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 23, 2008 California Professional Engineering 9316 Mabel Ave. South El Monte, CA 91733 RE: CC-1266 — Pacific Coast Highway Street Lighting Modification Enclosed please find your original bid bond for CC-1266. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure g:/followup/cashcont/returnbidbond.doc (Telephone:714-536-5227) WIBYpIpy Z068 JUL -8 PM 2'. o4 1A gw� co ; ° 2�00 ti�aa� SI� C� � bC\�AC, coCS� �cyhwc�-� SiRe�} cc tic \1)4V� SECTION C PROPOSAL for the PACIFIC COAST HIGHWAY STREET LIGHTING MODIFICATIONS from 11TH STREET TO MAIN STREET CC No. 1266 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 PPPP PROJECT BID SCHEDULE CC-1266 Street Lighting Modification-Pacific Coast Highway Item: Estiiiiated . Exteiil :::: No:::: ti ItemWilh:IJntt::Puce:Written:>at:Words: ITiut 1Piriee::::: :: unf: ty. 1 1 LS Mobilization o @ rum "C�•ou say Dollars $ 600, Cents Per LS 2 1 LS Traffic control Dollars $ Cents Per LS 3 22 EA Replace Existing Street Light Lawn inaries @ �wcukd Tw�.� Dollars $ 220.00 $ Q,ya Cents Per EA 4 4 EA Install New Street Light Pole and Lurninaries a a os @ �u r �C `.c,.�s- Dollars $ $ Cents Per EA 5 2 EA Remove Existing Street Light Pole and Luminaries @ O►�e. T�•.ems - +�c ' Dollars $ I1000 o $ 940, Cents Per EA 6 1 LS Install Conduit,Pull-Boxes,Type III Service and Conductors in New and Existing Conduit Owl U @ Q y T ov<s e, '1 Dollars $ 0,13Q � $ /0;;Ocon Cents Per LS 7 1 LS Calft-"Encroachment Perinit @ t V-e. T 6-o,A s« rE ve 9u4iJ)0llars $� Cents Per LS Total Amount Bid in Figures: $ c6l 14 0, $ 0i ---- -- Total Amount Bid in Words: 59vc UUr In ---------------------------a�----------c� --- - - - ----- - ---- - - `-7- - - 6k` A`_S - Note:the City will provide poles,luminaries,and electrical service cabinet as indicated on the plans at no cost to the Contractor.Contractor to pick up materials at the City Yard, 17371 Godwd Street. Contact George Ruff two working days in advance for pick up at 714.536.5530. C-2 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. ?)iddQq-1 S Accompanying this proposal of bid, find F>O in the amount of$ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here,if any: Addenda No. Date Received Bidder's Signature C-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 Name and Address of Subcontractor State License Class o Work Number par: a SUM �: 'z�ncq� C�v�Yt`kc 1 Sv�C I Ll 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 being first duly sworn, deposes and says that(por she is of California PrCZessinnal Engine rintie 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. California Professional Enroeering Name of Bidder JOHNNY KHUU V COMM.#14W2$ [>A Q •ao NOTARY PUBLIC-CALIFORNIA LOS ANGELES COUNTY n Signature of Bidder COMM.EXP.JULY 8,2008 t` 9316 MAWA SOA 19 Mond CCA 917M Address of Bidder Subscribed and sworn to before me this 0:7 day of 07 , 20 U . NOTARY PUBLIC / 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 performance of the work specified in the contract, known as the Pacific Coast Highway Street Lighting Modifications, (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. California Professional Engineering Contractor f By QeMV0 Title Date: v 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 M/N 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 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. California Professional Engineering Contractor Ar By ; �0)aco V Title Date: C-S UNDERGROUND SERVICE ALERT IDENTIFICATI®N NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: California Professional Engineering Contractor By Title Date: 11 1 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: California Professional Engineering Bidder Name 9316 Mabel Am Business Address South El Monte,CA 61 City, State Zip Telephone Number -1 q,3q Q 1 State Contractor's License No. and Class Original Date Issued '30 C' Expiration Date The work site was inspected by C) 4 of our office on , 20_. The following are persons, firms, and corporations having a principal interest in this proposal: C-10 • 9316 Mabel Avenue South El Monte, CA 91733 Ph: (626) 452-8658 Fax: (626) 448-0470 cpengmeermgnccom v. is P�°M!ess onat En .m_.. wu _._o.. ..�� Inc. g ,SOB RE FERENM ,oYE 7. Beach Ave. & Caminita Blvd. Traffic Signal Installation Amount: $300,000 Owner: City of Cerritos Project Manager: Rash Syed Contact phone#: (562)916-1221 i Orange Grove & Garfield Ave. Traffic Signal Installation j � ' = Amount: $196,000 Owner: City of Pasadena N �; k ; Project Manager: Elvin Jiang a � � Contact phone#: (626)744-6912 Lincoln Ave. Intelligent Transportation System Amount: $485,000 4i A �w * Owner: City of Anaheim Project Manager: Robert Palaeologus Contact phone#: (714)765-5100 x5711 Seal Beach Blvd. Street Rehabilitation Amount: $250,000 Owner: City of Seal Beach Project Manager: Karim Contact phone#: (714)412-2772 Additional information will be available upon your request. . . . . . . . . . . . . . The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. California Professions Engineering Company Name Signature of B dder Printed or Typed Signature Subscribed and sworn to before me this p4 day of JOHNNY KHUU V COMM.#1494426 ® - NOTAf2YPUBLIC-CALIFORNIA® LOS ANGEL ES COUNTY A NOTARY PUBLIC COMM.EXP.JULY 8,2008 s NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 THE AMERICAN INSTITUTE OF ARCHITECTS A/A Document A310 Bid Bond BOND#N/A KNOW ALL MIEN BY THESE PRESENTS, that we . CALIFORNIA PROFESSIONAL ENGINEERING,.INC.DBA CALL-FORNIA PROFESSIONAL ELECTRICAL 9316 MABEL AVE. ENG�ING S.EL MONTE,CA 91733 (Here insert full name,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY 701 SOUTH PARKER STREET SUITE 3800 ORANGE,CA 92868 (Here insert full name.and address or legal title of Surety) a corporation duly organized under the laws of the State of NEW HAMPSHIRE as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 (Here insert full name,and address or legal We of Owner) as Obligee, hereinafter called the Obligee, in the sum of TEN AND 00/100 PERCENT of attached bid Dollars ( $ 10 for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for PACIFIC COAST HIGHWAY STREET LIGHTING MODIFICATIONS FROM 11TH STREET TO MAIN STREET; CC NO.1266 (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 td 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 1st day of July 2008 CALIFORNIA PROFESSIONAL ENGINEERING, INC. DBA CALIFORNIA PROFESSIONAL ELECTRICAL 'ncipaI (Seal) ENGINEERING (Witness) NORTH AlKeQAN SPE�IATIY INSURAN E C MPANY urety) (Seat) (Witness) (Title) _ YUNG T.MULLI ,Attomey-in-Fact AIA DOCUMENT A310 BID SOND ALA® FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.WASHINGTON,D.C. 20006 ACKNOWLEDGMENT State of California County of Orange ) On July 19 MOR before me, Peter Austin Neff, Notary Public (insert name and title of the officer) personally appeared Yung T. Mullick who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. EFF WITNESS my hand and official seal. N COMM.AUS�. o,� PETER79 389 9 9799389 � NOTARY R BIJGC JFORNIA X r ORANGE COUNTY N My Conan Eplres MAY 27,2012 Signature (Seal) NAS SURETY GROUP NORTH AN ERICAN 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: JENNIFERC.GIBONEY,JAMES W.MOILANEN_ and YUNG T.MULLICK JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of.TWENTY-FIVE MILLION($25,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March,2000: "RESOLVED,that any two of the President,any Executive Vice President,any Vice President,any Assistant Vice President,the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." Q 4 Zi Syr GORP ��:•G9y% By ':M: 8 0 7 C612FSiliAtE i�'„ ; SEAL Steven P.Anderson,President&Chief Executive Officer of Washington International Insurance Company& S _ {a t,S".7, 1973 ��;m Vice President of North American Specialty Insurance Company yt. SEA tf ; N/hNillllltN\d By David M.Layman,Vice President of Washington International Insurance Company& Vice President of North American Specialty Insurance Cornp any IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 1st day of May ,20 08 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 1 st day of_ May 20 08 before me,a Notary Public personally appeared Steven P.Anderson ,President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. ,.. "OFFICIAL SEAL" SUSAN ANSI�L i � � G Nwry Punic,State of Mn is Susan Ansel,Notary Public �kg Gr>tr�riissum�Ex�lres,'i�xr2o013 I, James A.Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 1 day of JULY 20 o8 . James A.Carpenter,Vice Preadmt&Assistant Secretary of Washington International Insurance Company& North Amaacm Specialty Insurance Company ®. ENTY OF 1®ItJN TING'TON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 23, 2008 Christopher R. Morales, Inc. 15100 E. Nelson Ave. Industry, CA 91744 RE: CC-1266—Pacific Coast Highway Street Lighting Modification Enclosed please find your original bid bond for CC-1266. Sincerely, Joan L. Flynn, CMC City Clerk J F:pe Enclosure g:/followup/cashcont/returnbidbond.doc (Telephone:714-536-5227) CHRISTOPHER R. MORALES, INC. 15100 E. NELSON AVE. INDUSTRY, CA 91744 17 10 98 JUL `8 PM 2. 28 aw i }ll V'.tl..� 3 J, CITY OF HUNTINGTON BEACH OFFICE OF THE CITY CLERK ' ND 2 FLOOR +u a �" x�+ f �+ zS u N $r a Nr t,.;�, a a� w '� xc` any to -_d r g ,t ✓ 3' p F* k ,ka rFj � sb € � rS,x, 2000 MAIN STREET t k a GTON BEACH, CA 92648 a r 'a „. a ,r` °;;C ,. .w.,,.f ; :'`fit-�•'.^^, c.yp a,; + �^,r,�1. .1.;; HUNTIN Pl � , e +` �y �� •ate a ,zx + sx�9 » a. z SEALED BID FOR PACIFIC COAST HIGHWAY STREET LIGHTING MODIFICATIONS FROM 11Tx STREET TO MAIN STREET, CC NO. 1266 �_� —TT Ar 0 'Inno City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Pacific Coast Hi hwa Street Lighting Modifications from 11 TH Street to Main Street CC-1266 June 26, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) Section 307—Street Lighting and Traffic Signals Add the following: The price bid for "Install New Street Light Pole and Luminaries" shall include the installation of the foundation. The following revisions are made on the Street Lighting Plan,Sheet 2 of 2. 2) Install 6 #6 conductors in the conduit crossing Pacific Coast Highway at 7th Street. Install 9 #6 conductors in the conduit from approximately STA 19+20 on the east (inland) side of Pacific Coast Highway to the electrical service cabinet. 3) The conduit on the east (inland) side of Pacific Coast Highway from STA 17+91 to 61h Street shall be designated as"CF",conduit for future use. This is to acknowledge receipt and review of Addendum Number One, dated June 26, 2008. Morcle,5 f*17-1 C- , 0 !�� Company Name By 71 I z oQ$ Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at(714) 536-5431. b SECTION C PROPOSAL for the PACIFIC COAST HIGHWAY STREET LIGHTING MODIFICATIONS from IITH STREET TO MAIN STREET CC No. 1266 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE CC•1266 Street Lighting Modification-Pacific Coast Highway l<teah::::Fatima eii ........... t .................I...I...... ............................................. ....................Exteri .... ........... . . . . . . ...... ................ ............ ... ............................ . ............ . ...................... .......................................................................... .................................... 1110:: ::Quan Itei Wti€Ii)W_Price:Wn'tten:)u�:�Vor 1 1 LS Mobilization @ Dollars $ 0 Cents Per LS 2 1 LS Traffic control @ Dollars $ SRO-a $ Cents Per LS 3 22 EA Replace Existing Street Light Luirrinanes @ Dollars $ -7 "'' $ C. 0,5c Cents a Per EA 4 4 EA Install New Street Light Pole and L urn varies @ Dollars $ c70: $.j Cents Per EA 5 2 EA Reimve Existing Street light Pole and Lummes @ Dollars $ O'oao, saa ao,o_ Cents Per EA 6 1 LS Install Conduit,Pull-Boxes,Type III Service and Conductors in New and Existing Conduit @ Dollars $ 0�oa'9_0 Cents Per LS 7 1 LS Caltrans Encroachment Permit @ Dollars $5,ex,cv $ Cents Per LS Total Amount Bid in Figures: $ $' , Total Amount Bid in Words: �U,� } Vie., ,rG nd_ ,'✓ •-� � ------- ---- ------ h- - - -- Note:the City will provide poles,luminaries,and electrical service cabinet as indicated on the plans at no cost to the Contractor.Contractor to pick up materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at 714.536.5530. C-2 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find &s iMG �OA� in the amount of$ 101D Ot 5d 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 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 Name and Address of Subcontractor State License Class of Work Number Ajo 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 being first duly sworn, deposes and says that he or she is of 11_ ydr the party making the foregoing bid that the bid is not made in the interest of, or on the bTeNaallf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bid er Signature of Bidder Address of Bidder . Subscribed and sworn to before me this day of l'' , 20k'1� . NOTARY PUBLIC NOTARY SEAL C-5 CALIFORNIA ALL.PURP®SE ACKNOWLEDGMENT State of California County of Los Angeles On ,-L-0 before me; Ramon C. Arteaga a Notary Public Daje V Here Insert Name and Title of the Officer personally appeared Christopher_ R._ Morales - Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(*whose name0 is/4M subscribed to the within instrument and acknowledged to me that he/ 'executed the same in hisSmON00 authorized capacity, and that by hisAllmillIM signature(* on the' RAMON C. ARTEAGA—L instrument the person{, or the entity upon behalf of Commission# 1653887 which the person(*acted, executed the instrument. m 1 Notary Public-California Los Angeles County r I certify under PENALTY OF PERJURY under the laws My Comm.Expires Apr 29,2010 of the State of California that the foregoing paragraph is true and correct. WITNESS my han nd official seal. Sig nature Place Notary Seal Above q q Signature of Notary Public On TIOI Ap tl/'i L 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: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Christopher R. Morales Signer's Name: C' Individual ❑ Individual k Corporate Officer—Title(s): President ❑ Corporate Officer—Title(s): Partner—❑ Limited Ci General ❑ Partner—❑ Limited a General E Attorney in Fact ❑Attorney in Fact • I Top of thumb here Top of thumb here El Trustee ❑Trustee Guardian or Conservator 0 Guardian or Conservator u Other: ❑Other: Signer Is Representing: Signer Is Representing: Chri'ct-nT her 1 Mgr;4jes 'Inc I ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 7 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 Pacific Coast Highway Street Lighting Modifications, (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. Christopher R. MOM188, Inc. Contractor By Title Date: T 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 io If the answer is yes, explain the circumstances in the space provided. YA 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. Christ®ahsr R. Motim® ham. Contractor By Title Date: 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: Christopher R. MOMISS, Inc. Contractor By Title Date: � i Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Christopher Re Morales, Inc. Bidder Name lwj�o t , Business Address City, State Zip (�1�.) Telephone Number S1tate Contractor's License No. and Class �— — Tj_� Original Date Issued Expiration Date 1 . l The work site was inspected b of our office on ! , 20 VG 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. Christopher R. MONIssA IN. Company Name Signature ot Bidder M a y We5;, Printed or Typed Signature Subscribed and sworn to before me this rday o� , NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. t( Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �.�t.s��c���c .c�,c=�,r����r�•.���,c-,c1',�.���c� ��c.�����; .,�r���~��.�s�h�cs�'.cs�=s .�< State of California County of Los Angeles Or) jefore me, Ramon C. Arteaga a Notary Public D to Here Insert Name and Title of the Officer - personally appeared Christopher R. Morales Name(s)of Signer(s} who proved to me on the basis of satisfactory evidence to be the persons whose name .is subscribed to the within instrument and acknowledged to me that he/ executed the same in hisftoMwk authorized capacity and that by hisitpobff signature(* on the MVION C. ARrEAGA instrument the personal, or the entity upon behalf of Commission# 1653887 which the person(4it acted,executed the instrument. z �• Notary Public-California z �°•�" Los Angeles Coun Myy COMM.Expires Apr29 20t0y I certify under PENALTY OF PERJURY under the laws of the State of California,that the foregoing paragraph is true and correct. WITNESS my ha and official seal. Signature �'°� Place Notary Seal Above p® g -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: _.r—, Document Date: Number of Pages: t i I--c Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Christopher R. Morales Signer's Name: ❑ Individual ❑ Individual ki Corporate Officer—Title(s): President ❑ Corporate Officer—Title(s): D Partner—❑ Limited Cl General ❑ Partner—❑ Limited ❑ General u Attorney in Fact ❑Attorney in Fact ❑ Trustee Top of thumb here Ei.trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Chr_:sf-nnher- R. __ ... ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 Christopher R. Morales, Inc. 15100 E. Nelson Ave., Industry, CA 91744, Phone: 626-968-3771, Fax: 626-968-5720 RE: REFERENCES-COMPLETED PROJECTS ➢ City of Pasadena Lincoln Ave.- In-Fill Lighting C-10 117 E. Colorado Ave. Original Contract: $318,848 Final: $318,848 Pasadena, CA 91105 Contact: Reny Quijano (626) 744-4124 Date of Completion: February 2006 Percentage performed by our own forces: 100% Project Manager: Jennifer Alvarez ➢ City of Pasadena Raymond Ave.-Street Lighting C-10 117 E. Colorado Blvd. Original Contract: $58,888 Final $58,888 Pasadena, CA 91109 Contact: Reny Quijano (626)744-6741 Date of Completion: May 2007 Percentage performed by our own forces: 100% Project Manager: Araceli Nieto ➢ City of Pasadena Avenue 64-Street Lighting C-10 117 E. Colorado Blvd. Original Contract: $409,887 Final $427,887 Pasadena, CA 91109 Contact: Reny Quijano (626)744-6741 Date of Completion: May 2007 Percentage performed by our own forces: 100% Project Manager: Essen Menjivar ➢ City of Baldwin Park Los Angeles St. Traffic Signals 3 locations C-10 14403 E. Pacific Ave. Original Contract: $438,438 Final: $452,572 Baldwin Park, CA 91708 Contact: Arjan Idnani (626) 960-4011 Date of Completion: December 2006 Percentage performed,by our own forces: 92% Project Manager: Araceli Nieto ➢ City of Pasadena Sunnyslope Crosswalk C-10 117 E. Colorado Ave. Original Contract:$229,989 Final: $2299,989 Pasadena, CA 91105 Contact: Reny Quijano (626) 744-4124 Date of Completion: January 12, 2007 Percentage performed by our own forces: 100% Project Manager: Jennie Pittman ➢ County of Los Angeles San Bernardino @ Nora-Traffic Signal C-10 900 S. Fremont Ave. Original Contract: $79,255.50 Final $75,745 Alhambra, Ca 91803 Contact: Luke Miller(626) 458-3122 Date of Completion: December 12, 2005 Percentage performed by our own forces: 97.4% Project Manager: Jennie Pittman Christopher R. Morales, Inc. 15100 E. Nelson Ave., Industry, CA 91744, Phone: 626-968-3771, Fax: 626-968-5720 RE: REFERENCES-COMPLETED PROJECTS-page 2 ➢ City of Gardena Normandie Ave-Traffic Signal C-10 1700 W. 162"d St. Original Contract: $112,9000 Final $113,958 Gardena, Ca Contact: John Felix (310) 217-9643 Date of Completion: May 11, 2006 Percentage performed by our own forces: 91.5% Project Manager: Jennie Pittman ➢ City of La Mirada Rosecrans & Biola Ave. Traffic Signal C-10 13700 La Mirada Blvd Original Contract: $88, 780 Final $91,639 La Mirada, CA 90638 Contact: Gary Sanui (562) 902-2373 Date of Completion: December 2006 Percentage performed by our own forces: 100% Project Manager: Araceli Nieto ➢ City of Monrovia Royal Oaks Drive Traffic Signal C-10 415 South Ivy Ave. Original Contract: $129,218 Final $130,765 Monrovia, Ca 91016 Contact: Jed Rizk (626)932-5562 Date of Completion: May 2007 Percentage performed by our own forces: 95% Project Manager: Jennie Pittman ➢ City of Whittier Pickering Avenue Traffic Signal C-10 13230 Penn Street Original Contract: $189,738 Final $191,414 Whittier, CA 90602 Contact: James Keena (562)464-3523 Date of Completion: January 2007 Percentage performed by our own forces: 96% Project Manager: Jennie Pittman ➢ LA County Via Princessa Traffic Signal C-10 900 S. Fremont Ave. Original Contract: $373,516 Final $306,825 Alhambra, CA 91803 Contact: Robert Eisenhammer Date of Completion: September 2006 Percentage performed by our own forces: 90% Project Manager: Araceli Nieto ➢ City of Irvine Berkley & Cornell Traffic Signal C-10 6427 oak Canyon Original Contract: $297,997 Final: 270,865 Irvine, Ca 92623 Contact: Uyenly Buy (949)724-7559 Date of Completion: July 2007 Percentage performed by our own forces: 100% Project Manager: Araceli Nieto Christopher R. Mor ales, Into 15100 E. Nelson Ave., Industry, CA 91744, Phone: 626-968-3771, Fax: 626-968-5720 RE: REFERENCES-COMPLETED PROJECTS-page 3 ➢ City of Cypress Cypress Traffic Signal C-10 5275 Orange Ave. Original Contract: $149,870 Final $158,168 Cypress, Ca 90630 Contact: Keith Carter (714)229-6750 Date of Completion: April 23, 2007 Percentage performed by our own forces: 100% Project Manager: Jennie Pittman ➢ City of Santa Ana Adaptive Downtown Signal 20 Civic Center Plaza Original Contract: $321,032 Final TBD Santa Ana, CA 92702 Contact Edgard Torres (714) 647-5058 Date of Completion: June 2008 Percentage performed by our own forces: 60% Project Manager: Araceli Nieto ➢ City of Diamond Bar Golden Springs Traffic Signal 21825 Copley Drive Original Contract: $383,740 Final TBD Diamond Bar, CA 91765 Contact Rick Yee (909)839-7043 Date of Completion: June 2008 Percentage performed by our own forces: 85% Project Manager: Jennie Pittman ➢ County of Orange In roadway Flashing Crosswalk Light System 300 North Flower St. Original Contract: $128, 860 Final TBD Santa Ana, CA 92702 Contact: David Rocha (714) 834-2300 Date of Completion: June 2008 Percentage performed by our own forces: 95% Project Manager: Araceli Nieto CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r `State of California County of Los Angeles On before me, Ramon C. Arteaga a Notary Public: Date\ Here Insert Name and Title of the Officer personally appeared Christopher R. Morales Name(s)of Signers} who proved to me on the basis of satisfactory evidence to . be the person(&whose name is subscribed to the within instrument and acknowledged to me that helsftfW executed the same in hisANNNNOr authorized capacityNpiIIl, and that by hisAXgOW signature(* on the � �e instrument the person*, or the entity upon behalf of RA(vlON C. ARTEAGA which the person( acted, executed the instrument. Commission# 1653887 ZZ .�� g Notary Public-California ° Wary Angeles County I certify under PENALTY OF PERJURE .under the laws MY Comm. gelesCount 2010y of the State of California that the foregoing paragraph is true and correct. WITNESS my nd and official seal. fr Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document �1 Title or Type of Document: r� Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Christopher R. Morales Signer's Name: EJ Individual ❑ Individual p , Corporate Officer—Title(s): President 0 Corporate Officer—Title(s): 17 Partner—O Limited ❑ General ❑ Partner—Cl Limited ❑ General Attorney in Fact _- Attorney in Fact a ' EI Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator El Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: Chr,' -,ter her R Morales nc. I ©2007 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth.CA 91313-2402•www.Nationa]Notary.org Item#5907 Reorder.Call Toll-Free 1-800-876-6827 INSCO INSURANCE SERVICES, INC. Underwriting Manager for. Developers Insurance Company•indemnity Company of California Developers Surety and Indemnity Company 17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3300 BI® E30ND BOND NO. AAA ----------------- KNOW ALL MEN BY THESE PRESENTS, That we,------CHRISTOPHER-R.-MORALES, INC. ------------ -- ---------------------------------------------------------------- -------------------------------------------------------------------------------------------- as Principal,and DEVELOPERS SURETY AND INDEMNITY COMPANY corporation -_a----------------- --- ---- ------------------------------------------ authorized to transact a general surety business in the State of_IOWA_---------------as Surety,are held and firmly bound unto CITY OF -HUNTINGTON BEACH ------------------------------------------------------------------------------------ ---------------------------------------------------------------------(hereinaftercalled the Obligee) in the full and just sum of---TEN-PERCENT-OF THE-AMOUNT-OF-THE BID Dollars, ($- 107 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 PACIFIC COAST HIGHWAY STREET LIGHTING MODIFICATION 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 7th -- day of __JULY 2008 y ---------------------------,---------- YEAR CHRISTOPHER R. MORALES, INC. DEVELOPERS SURETY AND INDEMNITY COMPANY Surety pka�rct te$ Principal SHAWN BLITHE Attorney in-Fact C1A✓t.5 ri-Mti' ID-1198(Bid Bond)(REV.12/00) CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE O before me, R. CISNEROS "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared SHAWN BLUME who proved to me on the basis of satisfactory evidence to be the personfz)whose name�f f is/afersubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hel*reir authorized capacitykies), and that by his/he4r-signatureJ4 on the instrument the personW, or the entity upon behalf of which the person(X acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. R, CISNEROS WITNESS m hand and official seal. _ COMM. #179f91633 y Cr `°` 9 NOTARY PUBLIC-CALIFORNIA RIVERSIDE COUNTY n '�^ My Comm.Expires June 7,2012 Signature of Notary Public 11C7"� (Notary Seal) AIDIDI'TIONAL OPTIONAL,INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or o separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the rerbiage does not require the notary to do something that is illegal for a notary in California (i.e. cetvhft the authorized capacity,of the signer). Please check the (Title or description of attached document continued) document caret dly for proper notarial hording and attach this form if required. Number of Pages Document Date . State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). e Print the name(s) of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER o Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) heishelilwy;-is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer a The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) . Signature of the notary public must match the signature on file w7th the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate tide or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer,indicate the tide(i.c.CEO,CFO,Secretary). LL—= Securely attach this document to the sighed document 2008 Version CAPA v12.10.07 800-873-9865 www.Notaryclasses.com POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-33CO KNOW ALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.do each,hereby make,constitute and appoint: ***Michael D. Stong, Rosemary Cisneros, Shawn Blume, Jeremy Pendergast, jointly or severally*** as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that the chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be.and each of them hereby is,authorized to attest the execution of any such Power of Attorney: RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st,2008. By: O.....ANQ+f�vQ . �,PANVa Stephen T.Pate,Senior Vice President '�� gis0agr., tic �G OPPOgq h_ OCT. c�5 OCT.5 O BY — 0 1936 ;o u� 1967 Charles L.Day,Assistant Secretary, s,�o?o /0 w R k aD'',: C>y (',y�IPOR��Q a� State of California ?k„ County of Orange On_ January 1st 2008 before me, Christopher J.Roach Notary Public _ Date Here Insert Name and Title of the Officer personally appeared Stephen T.Pate and Charles L.Day Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized GHRI8T?PHER J.ROACH 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. COMM.#1746939 NOTARY PUBLIC CALIFORNIA v I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY true and correct. My comet,expires May 19,2011 WITNESS my hand and official seal. Place Notary Seal Above Signature Chr er J.Roach CERTIFICATE The undersigned.as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the7 day of LJ 2 0o By: Albert Hillebrand,Assistant ecretary I D-1380(Wet)(Rev.07/07) CITY OF F-IUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 23, 2008 Dynalectric 4462 Corporate Center Dr. Los Alamitos, CA 90720-2539 RE: CC-1266— Pacific Coast Highway Street Lighting Modification Enclosed please find your original bid bond for CC-1266. Sincerely, j Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure g:/followup/cashconUret urn bid bond.doc (Telephone: 714-536-5227) NOS JUL -8 R1 2: 12 g4 ",a., g Hel ot® . � � ' � ' �✓.^ ;M .Y An nACOR E Company 4462 Corporate Center Drive Los Alamitos,CA 90720-2539 ��� � A n y Y� ;. •�' , City of Huntington Beach— Office of the City Clerk a� E s 2000 Main Street— Second Floor Huntington Beach, CA 92648 SEALED BID PROPOSAL ENCLOSED FOR: PACIFIC COAST HWY. STREET LIGHTING ; MODIFICATIONS - CC No. 1266" � DO NO OPEN WITH REGULAR MAIL Bid Due: Tuesday, July 8t", 2008 @ 2:30 pm � � � SECTION C PROPOSAL for the PACIFIC COAST HIGHWAY STREET LIGHTING MODIFICATIONS from I I'" STREET TO MAIN STREET CC No. 1266 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE CC-1266 Street Lighting Modification-Pacific Coast Highway Iterii: Jstiiiiiiteii EtenJeil ... ........ ... ... ....................... ... ........ ... ........ ....................... .................................................. ........................ ................I................... ........... ............ ............................................................................................ ................. .. ItemWitl :ITntf Pnce:Wttt#en:m:Vt'orris::::::::::: i......ee:::::: 1 1 LS Mobilization @ 1 X� � � J{3��j/o�k� ��,� Dollars $fo,7�s r�c� $&J 7Ys' ty Z u'o Cents Per LS 2 1 LS Traffic control W/al Dollars $33 $3r3�3. -Z94y Cents Per LS 3 22 EA Replace Existing Street Light Lununanes @ ,11- &196-10 s4&i, lZj`� Dollars $ ;73100 $1O,4O(® Z Rio Cents Per EA 4 4 FA Install New Street I igbt Pole d 'es / @OnC.- Id1, Z"t',+r) �(L utmei)�k.r 6 aNllars 00 $5,-7 W �¢ Cents Per EA 5 2 EA Rermve Existing Str Light Pole and Luminaries Dollars $05-5,00 $4714-00 2 Cents Per EA 6 1 LS Install Conduit,Pull-Boxes,Type III Service and Cmdu�ctoors in New and Existing Conduit ,/ / v �0/�n rr'/'r � Dollars $21?�.� $ 21,75�• 2 Cents Per LS 7 1 LS Caltrans Fiicroactment Pemit @ J� �Fkvsm�� 0�� �� t I wO Dollars T Cents Per LS Total Amount Bid in Figures: $ oo $ cc - ------ Total Ammunt Bid in Words: S'�v�,J --7;Tx.�si+r.�� nl� uo ��t 1 Pazc a,Z; - --�-------------------- - �- - /,�- P6&&ArZS -- - .-Zm'..> -ks. Note:the City will provide poles,lununaries,and electrical service cabinet as indicated on the plans at no cost to the Contractor.Contractor to pick up materials at the City Yard, 17371 Godwd Street. Contact George Ruff two working days in advance for pick up at 714.536.5530. C-2 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 a 8i bOOD 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: NpNE R eb Addenda No. Date Received Bidder's Signature C-3 • KDC INC.dbe DVNALECTRIC LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOI,LUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange TDAQ4VNP '+ , beink6le elyda iod ad says that he or she is of uu 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. KCC INC.dbe®YNALECTRIC Name of Bid r *Srature �idde AM B.DAVE I yyj,a. Corp"oke Cep fldi3� Los-A1&v %;tas, CA gO7ao Address of Bidder Subscribed and sworn to before me this day of , 20— . ( C,vrcE PaT`AC,4if-D ZJU?-AT) NOTARY PUBLIC NOTARY SEAL C-5 CALIFORNIA JURAT WITH AFFIANT STATEMENT '�] See Attached Document (Notary to cross out lines 1-6 below) See Statement Below (Lines 1-5 to be completed only by document signer[s), not Notary) <i Signature of Document Signer No.1 Signature of Document Signer No.2(if any) State of California County of _ Orange Subscribed and sworn to (or affirmed) before me on this 8th day of July 20 08 by Date Month Year (1) William B. Davenport,V.P. -Sec./Treas. Name of Signer ELAINE L. HOYUELA proved to me on the basis of satisfactory evidence Commission# 1678214 to be the person who appeared before me -� Notary Public•Caiifomia Orange County (and My Comm.Expires Jun 27,2010 (2 of Signer p:::o a basis of sates ry evidence the person who appeared before me.) Signature y Signature of Notary Public rd Place Notary Seal Above p� OPTIONAL. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent e o 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 Document: Non-Collusion Affidavit Document Date: July 8th, 2008 Number of Pages: 1 Signer(s)Other Than Named Above: None 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5910 Reorder:Call Toll-Free 1-800-876-6827 Jurat 08 NonCol 1 pg.max UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Pacific Coast Highway Street Lighting Modifications, (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. KDC INC.dbe DYNALECTRIC Contractor By WILLIAM EL DAVEWW,,CFO Title Date: Z1L,L( V:�- C-6 KDC INC.dbe®YNALECTRIC 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. K®C INC.dbe®YNALECTRIC Contractor By WIW ,Cf0 y.P., Q*L. /r�A'� Title Date: 0 � 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: KDC INC.db YNALECTRIC Contractor By WI WAM B.QAdE1NW,,CFO q•P Title Date: �� �4k 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.dbe DYNALECTRIC Bidder Name +�to tapotcJe Ge^w 0 i JQ- Business Address (� mAI✓ f oS, CAR —Io1ao City, State Zip (7q ) c6Z% - 7400 Telephone Number 5450 19-5 CIO, ONZ 64 C7 , C 3 C 4(0 State Contractor's License No. and Class 1a-fo(P/I9S <K Original Date Issued I,a/31/awl Expiration Date i , � The work site was inspected by 1� ►a KDWJ�S of our office on 1%AVV �'� , 20 D19. The following are persons, firms, and corporations having a principal interest in this proposal: KDC INC.dbe DYNALECTRIC- erporx i D u)fiS PISAQevu+o - - Wi Iliav� �• �aJ�npo1'� -J•'�,Se.c/Tr�aS. 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. KDC INC.dbe DY AL C 01 ID910y Company Name Signature of Bidder WILLIAM B.DA FO— rt-EWS �t��l0.tnn. �j . �IAVP�npO�t' Printed or Typed Signature Subscribed and worn to before me this day of , 199_ . 9k -)N1TPcC*k flo S�RIFT 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: 23$23 �elncio.. Q,t.x� . 1. W 1 Land and afmi" Co - \ OAF- IC.i A CA 0115 5 Name and Address of Public Agency / Name and Telephone No. of Project Manager: M cq k H LA r I i man n 61P IP `-5 5"4D 1-7 �.opminn,e Y c..e. C.e a*.tr D IL. 415 a5/ 000' T-rtxffi c. Si jn&A5 t3. g'W-7 Contract Amount Type of Work Date Completed a115 ^0-e• 2. b TU1 of W LL W qhc%k H•i 1 t A CA 5 D'7 5 S Name and Address of Public Agency Name and Telephone No. of Project Manager: P\f*h(OY\ Carctoed '�)' y1C4 COhhQ ct DE C-.91017 Contract Amount Type of Work Date Completed �1 _ SAC'.e of C�JIf fv��i� 14(v,9-D Cat f 3. t.Wl �1�1`J — �2 • o� Tr!G! a4z-*iC— t.18f WA4 K-. GW 9ofoSCE Name and Address of Public Agency ,,,�• Name and Telephone No. of Project Manager: Vw ockrcA A loyizo C'514ZZ92&P"a1S 3-7 4 I ao1 01 01 11rQ i C. bydro t 5 AL( . XD7 Contract Amount Type of Work J Date Completed C-11 CALIFORNIA JURAT WITH AFFIANT STATEMENT EXSee Attached Document (Notary to cross out lines 1-6 below) E See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) .......... ... . .....Gf Signature of Document Signer No.1 Signature of Document Signer No.2(if any) State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 8th day of July 20 08 by - Date Month Year (1) William B. Davenport, V.P.-Sec./Treas. Name of Signer ELAINE L. HOYUELA proved to me on the basis of satisfactory evidence Commission# 1678214 to be the person who appeared before me (.) Notary Public-California Orange County (and 6Comm.Expires Jun 27,201 F _____----Rame of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signature Place Notary Seal Above Signature of Notary Public r OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent i fraudulent removal and reattachment of this form to another document. Top of thumb here T of thumb here Further Description of Any Attached Document Title or Type of Document: Bidder's Information C-11 Document Date: July 8th, 2008 Number of Pages: Signer(s)Other Than Named Above:—None @2007 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 Jurat 08 Bidders Info.max TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HART FORD,CCI NNE CT€CUT 06183 FINANCIALSTATEMENT AS OF DECEMBER 31,21007 AS FILED iN THE STATE OF NEW YORK CAPITAL STOCK$:S,000;0W ASSETS LIABILITIES&'SURPLUS' LASH INVESTED CASH $ 74,575,111 UNEARNED PREI,A UMS 5 830,056;152 BONDS 3.171,426,610 LOSSES. 907;184263 STOCK 14356,947 LOSS`3ADJUSTWNT EXPENSES 153;320,025 ?NVESTMENT INCOME DUE AND ACCRUED 42,220,864 Cowil5SIONS 34,054,5 9 PREMIUM BALAN CES 198,557,602 TAXES,'LICENSES ANDFEEES 19,747,913 NET'DEFF=RRED.TAX ASSES' 43;3WSSS. OTHER EXPENSES 34,494.038 REINSURANCE RECOVERABLE 7,619,102 FUNDS HELD UNDER REINSURANCE TREATIES 123,307,214 OTHER ASSETS 3,7U,962 CURRENT FEDEd 'L AND FOREIGN INCOME TAXES 27,676,125 REMITTANCES AND ITEMS NOT ALLOCATED 59,653,721 AMOUNTS'WITHHELD I RETAINED BY COMPANY FOR OTHERS 34,315.622 PAYABLE TO PARENT,:S 3BSIDIAPIE$8 AFFILIATES 58,232,804 RETROACTIVE REAISURANCF RESERVE 23,913,659 POLICYHOLDER 1320DENDS 8,740,1$3 PROVISION FOR REINSURANCE 5,510,971 CEDED REINSURANCE NET PREMIUMS PAYABLE: (65;035;104) OTHER ACCRUED EXPENSES ANI1 LIABILITIES: . 141,704 TOTAL LIABILITIES $2,265,354,108 CAPITAL STOCK $ 6.00D,000 PAID IN SURPLUS 303;297;402 OTHER-SURPLUS 981,319,576 TOTAL SURPLUS TOPOUCYHOLDERS $1-,290,616,978 TOTAL ASSETS $3.555:971,086 TOTAL LIA,BILITIES.&SURPLUS S'3,555.97 E.t78a . STATE OF CONNECTICUT ) COUNTY OF HARTFORD )Ss. CITY OFHARTFORD t_ LAWRENCE A.SIUTA,BEING OULY SWORN,SAYS THAT HE IS CHIEF FINANCIAL OFFICER'-TRAVELERS:BOND&FINANCIAL PRODUCTS, OF TRAVELERS CASUALTY AND SURETY COMPANY OFANERICA,AND THAT T01HE BEST OF HIS KNOWLEDGE AND BELIEF,THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 31s1 DAY OF DECEMBER,2007. CHIEF FINANCIAL OFFICER-BOND&FINANCIAL PRODUCTS SUBSCRIBED AND SWORN TO BEFORE PIE THIS NO'<ARYPUBLIC 11 li DAY OF MARCH,20M gg r THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Dynalectric 4462 Corporate Center Drive, Los Alamitos, CA 90720 as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America 343 Thornall Street 5th Floor Edison NJ 08837 a corporation duly organized under the laws of the State of CT as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main St., Huntington Beach,CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars{$ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Pacific Coast Highway Street Lighting Modifications from 11th Street to Main Street-CC No. 1266, Electrical NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 1st day of July 2008 D nalectric P ipa (Seal) (Witness) B V-P Sec. Tl ens. ,1,tipunalutrurbrr�, WIWAM B. +GFO (Titie) - ' N��s Travelers Casualty and Surety Company of America Hp 0110 { (Surety) (Seal) N. (Witness) VAN ••......����firma B rhnt,mtitiM,�i Att&ney-in-Fadt Rit agistano (Title) AIA DOCUMENT A310•BID BOND•AIA•FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On July 8th, 2008 before me, Elaine L. Hoyuela, Notary Public Date Here Insert Name and Title of the Officer personally appeared William B. Davenport Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personal whose name(jr) is/ap subscribed to the within instrument and acknowledged to me that he/3tL'-/tltry executed the same in his/hWtWr authorized ELAINE L.HOYUELA capacity(ige.), and that by his/hfi&Jtt*r signature(s) on the CommMlon# 1678214 instrument the person(jo, or the entity upon behalf of Notary Public•California which the person(*) acted, executed the instrument. Orange C ounty 61MY COMM.EXPIreS Jun 27,201 0 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document:_ Bid Bond Document Date: July 1 st, 2008 Number of Pages: 1 _ Signer(s) Other Than Named Above: Rita Sagistano Capacity(ies) Claimed by Signer(s) Signer's Name: William B. Davenport Si ner's Name: _ — ❑ Individual ❑ In I ual 'X Corporate Officer—Title(s): V.P., Sec./Treas. ❑Corporate ficer—Title(s): ❑ Partner—❑ Limited ❑ General ❑Partner—❑ Li ' d ❑ General ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee Top of thumb here ❑TfUStee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conser r ❑ Other: _ ❑Other: Signer Is Representing: Sig s Representing: KDC Inc. dba Dynalectric 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationaiNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 2008 Bid Bond Ack.max TRAVELER 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 Surety Bond No. Bid Bond Principal:Dynalectric OR Project Description:Pacific Coast Highway Street Lighting Modifications Obligee:City of Huntington Beach from 11th Street to Main Street-CC No. 1266, Electrical 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 Riga Sagistano of the City of Garden City ,State of NY ,their true and lawful Attorneys)-in-Fact,each in their separate capacity if more than one is named above,to sign, execute, seat and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 11th day of August,2006. 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 pr.sv+fir �.p,�,'p�N SFEty t41�F p`*y ��'SG9 4+4Y 1Miog4s +�s�tivae` alNuyym,ry _nlTygiy� 0�' e ♦�• V�ir°°O�'F, *. � SF �•a�►�pq ids} at.�vORay�r� y �^ y � �FD'r 26° y977 t0 1927 c. h ;` — �; S wwrao�a SSbL biy e t� � Nfi �Cs,FA� �S AMya `° • ' 4, �° i � '�'� AKlbr- State of Connecticut BB City of Hartford ss. George W. ompson, or Vice President On this the 11th day of August,2006, 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. 7tr My Commission expires the 30th day of June,2011. E C :� °�S` Marie C.Tetreault,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,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 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 Resident,any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,Seaboard Surety Company,St.Paul Fie 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 Ist day of July 2008 Kai M.Johanson,Assistant Secretary ..6U a�,�p�pppv��h �" e��, �� e�6�$G9 Jp�-•k~4y' �e•✓`n"„°.` dt�°"�s d 6 n :�o1lvoRgyrl> �i��lrpk+l}�`a s i��� `� 1 A8 . To verify the authenticity of this Power of Attorney,call I- 1D-421-3880 or contact us at stpaultra velershondcom.Please refer to the Attorney In-Factnw"ber,the above-named individuals and the details of the bond to which the power is attached AU- RR State of New York County of Nassau On July 1 , 2008 before me, Melissa Howard, Notary Public, personally appeared Rita Sag isq tano, 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. MELISS HOWARD NOTARY PUBLIC,STATE OF NEW YORK NO.01 H06173941 QUALIFIED IN SUFFOLK COUNTY TERM EXPIRES SEPTEMBER 4,2011 ®,T-33 CITY OF HUN°TINGT N BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 23, 2008 JFL Electric, Inc. 8257 Compton Ave. Los Angeles, CA 90001-3915 RE: CC-1266— Pacific Coast Highway Street Lighting Modification Enclosed please find your original bid bond for CC-1266. Sincerely, Z Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure g:/followup/cashconUreturn bid bond.doc (Telephone:714-536-5227) JEL ELECTRIC _C. 57 CO v - A LOS ANGELE , 5 Pli 2-* 20 PROPOSAL for the PACIFIC COAST HIGHWAY STREET LIGHTING MODIFICATIONS f from r 111H STREET TO MAIN STREET CC No. 1266 in the 5 T 5 h P CITY OF HIJNTINGT®N BEACH a �xf4 ub '. :. ':�3 Y .4 is ..�x e w m.. tl• .�..,.. .1,A_.,v .u:.,. 4 T,,.. ..; a d ,.; .,. ,,. r� .:,; -am _y ,;..:: �rE: 5, ,'�A,. wYi.. SECTION C PROPOSAL, for the PACIFIC COAST HIGHWAY STREET LIGHTING MODIFICATIONS from I IT" STREET TO MAIN STREET CC No. 1266 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 f PROJECT BID SCHEDULE CC-1266 Street Lighting Modification-Pacific Coast Highway Rein: Fstiiiiated .......... ............ ....................................... ... ............................................ ... ................. ....................... ....................................... .................................. .................................... ........... . ;..................................................,.....,....... ................. 11To: ::::Qua..Ot :::::::::::IteanWifh:iJntf>Pnoe:Wntten:ut_ Vords..... ::::::: .. 1_Fnit:I'nee:::::::::::::Auui�rt:::::::::;:; 1 1 LS Mobilization @ Dollars Cents Per LS 2 1 LS Traffic control @ Dollars Cents Per LS 3 22 EA Replace Existing Street Light L unmmes @ Dollars $ Cents Per EA 4 4 EA Install New Street Light Pole and Lurninaries @ Dollars $_T__ $ I Cents Per EA 5 2 EA Remove Existing Street Light Pole and Lunrinaries @ Dollars $Ao 2t.-7 $ — Cents Per EA 6 1 LS Install Conduit,Pull-Boxes,Type III Service and Conductors m New and Existing Conduit @ Dollars $ $A5 Cents Per LS 7 1 LS Caltrans Encroachnirrt Pernit @ Dollars $ $rS Cents Per LS Total Amount Bid in Figures: $ $ Total Amount Bid in Words: -- - - - - Note:the City will provide poles,luminaries,and electrical service cabinet as indicated on the plans 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 714.536.5530. C-2 f 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 1J 1 A 6&UL in the amount of$ M 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 dder's Si na e 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 Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is 1Eyc Gies of 3Fl, ctvte-- l vx�- . 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. NEL Na der �Ze ignature of Bidder �j25�- L�myo-Evf1 �e l Address of Bidder Subscribed and sworn to before me this day of 1��W , 206S . NoNNEWn#j A`w5 Commission�1634635 •. Notory Pubuc.cdbmia Un nngems cow► MY Comm.Expires Dec 13,2= NOTARY PUBLIC A01 NOTARY SEAL C-5 CALIFORNIA JURAT WITH AFFIANT STATEMENT State of California County of ba-5 4m E'_�es 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 175cumen i ner No.1 Signature of Document Signer No 2(if any) Subscribed and sworn to (or affirmed) before me on this day of )L '�� �' by Date onth Year Name of Signer db IF personally known to me IVONNE LOERA ❑ Proved to me on the basis of satisfactory evidence _ Commwson# 1534635 to be the person who appeared before me I(.) (,) Notary Public-California Los Angeles County a DeC 13,2008 (2) OMVCOfnm. Name of Signer ❑ Personally known to me ❑ Proved to me on th as' ,of satisfactory evidence to be the person wh ap aced before me.) Sign lure of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent • • 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 Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: 02004 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 Y AGREEMENT HONORABLE MAYOR AND CITE' 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 Pacific Coast Highway Street Lighting Modifications, (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. Contractor . y Title Date: 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 `sd'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. Contractor y Title Date: 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: Contract y Title Date: =7'�1 I t-)`� 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 �2 c6m P�oA Ay g Business Address ram( 5 CA C1 City, State Zip ( 3,2) 15�B1—` wo Telephone Number 5_Tb�-1 camel 6, C-10 "14 cg�(el State Contractor's License No. and Class 1C> ICI vi �Cl Original Date Issued 10 [-,�l l (pg. Expiration Date The work site was inspected by of our office on , 20_. The following are persons, firms, and corporations having a principal interest in this proposal: -�S "1, 'j-- t- F(A'i "6�,r�� 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. Z— e -eG+y i c. Compa me ature of Bidder Printed or Typed Signature �G Subscribed and sworn to before me this day of �S-o 1 ,�� �.•�.••.•• IVONNE LCOERA _ Commission a/1511M «� Notary Pubbe-CcOombO Los Anger Camfy MVComm.Expires Dec 13,2008 NOTARY PUBLI 41 -t�4— 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. ok�`Jwftik '�Y4 OA ky'av\SDCA�QA Name and Address of Public Agency Name and Telephone No. of Project Manager: z&q—an(o o 454q, l�0r&-S c4y;(4 Contract Amount Type of Work Date Completed 2. OcA4WAAC,,- )�-eA a�- Name and Address of Public Agency Name and Telephone No. of Project Manager: 36Q��,� 4 gg , 5�— ���lIC' 0NL'�' (aIa ©vs Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: �Gtc er (_fi o C`3a3) (n O' - PI)\OVk(- wo1 V S Contract Amount Type of Work hate ` ompleted C-11 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Pacific Coast Highway Street Lighting Modifications from 11 TH Street to Main Street CC-1266 June 26, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) Section 307—Street Lighting and Traffic Signals Add the following: The price bid for "Install New Street Light Pole and Luminaries" shall include the installation of the foundation. The following revisions are made on the Street Lighting Plan,Sheet 2 of 2. 2) Install 6 #6 conductors in the conduit crossing Pacific Coast Highway at 7t' Street. Install 9 #6 conductors in the conduit from approximately STA 19+20 on the east (inland) side of Pacific Coast Highway to the electrical service cabinet. 3) The conduit on the east (inland) side of Pacific Coast Highway from STA 17+91 to 6 h Street shall be designated as"CIF",conduit for future use. This is to acknowledge receipt and review of Addendum Number One, ne 2008. Company Name Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at(714)536-5431. SureTec Insurance Company BID BOND BOND NO. 2 3 9 KNOW ALL MEN BY THESE PRESENTS, That we, JFL Electric, Inc. as Principal,and SureTec Insurance Company a corporation authorized to transact a general surely business in the Slate of California as Surety,are held and firmly bound unto The City of Huntington Beach M (hereinafter called the Obligee) in the full and just sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars,($ ***1 0%*** )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 Pacific Coast Highway Street Lighting Modification from 11th St. to Main St . . # CC-1266 NOW, THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,or in the event of the failure of the Principal to enter such Contract, If the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Worts covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and Sealed this 7 t h day of July 2008 YEAR ec ric, In SureTec Insuranc Company . SureBy: - Atiorney-in-Fact e iciano Loera, President Les M. Mantle, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 7 --/7— D �P' before me, Mary Martignoni — Notary Public Date Here Insert Name and Title of the Officer personally appeared Les M. Mantle Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that SZ MA he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the M.#17612-51 instrument the person(s), or the entity upon behalf of NOUBLIC-CA ORANGE COUALWI which the person(s) acted, executed the instrument. My Comm.Expires Sept.9,2011 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signat Place Notary Seal Above gnatu of Notary Public , OPTIONAI Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Les H. Mantle Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): _ ❑Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General _ Cl Partner—❑ Limited ❑ General X Attorney in Fact ° ❑Attorney in Fact ° ❑ Trustee Top of thumb here ❑Trustee Top of thumb here n Guardian or Conservator ❑Guardian or Conservator ❑ Other: [IOther: Signer Is Representing: _ Signer Is Representing: Surerec Insurance Company 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 PDX#: 510036 ureTec Insurance Company LIMITED POWER OF ATTORNEY ;Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas; and having its principal office in Houston, Harris County,Texas,dries by these presents make,constitute and appoint, Les M. Mantle, Matthew R. Dobyns of Fullerton, CA its true and lawful Attorneys)-in-fact;with full power and authority hereby conferred in its name,place and stead;to execute, acknowledge and deliver any and all bonds,recognizances;undertakings or other`instruments or .contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the.President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premises. Said appointment shall continue in force until 10131/08 and is made under and by authority of the following ; resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-'Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power.and authority for and in the,name of and of behalf of the Company,to,execute;acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and ail notices and documents canceling or terminating the Company's liability thereunder, and,any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and seated and.efl'ected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or I any certificate relating thereto by facsimile,and any,power ofattorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon_ the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on Ze ofApril, 1999.) In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 20th day of June,A.D.2005. dc�a TEC 7NCE COMPANY B.J.klCii g, reside t State of Texas ss: 1 I I County of Harris On this 20th day of June, A.D. 2005 before me personally came B.J. King, to me known, who;being by me duly sworn,did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by dike order. Michelle Denny my ctinv lasion Expires Michelle Denny,Notary P lic OF August 27,2008 My commission expires August 27,2008 1,M.Brent Beaty,Assistant.Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power,of Attorney,executed by said Company,which is still in full.force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston,Texas this T 7 t day 95 JU1Y ,20 0 8 ,A.D. i i � M .Vf Brent leaffiistant:Sec, tart' Any Instrument issued In excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-080.0 any business day between 8:00 am and 5.00 pm CST. f� t �, CITY TI T 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERIC September 23, 2008 Macadee Electrical Construction 4755 Lanier Rd. Chino, CA 91710 RE: CC-1266 — Pacific Coast Highway Street Lighting Modification Enclosed please find your original bid bond for CC-1266. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure g:/foHowup/cash cont/return bid bond.doc (Telephone: 714-536-5227) "SEALED BID" for Pacific Coast Highway Street Lighting Modifications CC-1266 in the City of Huntington Beach ,yf ' - D® NOT ®PEES➢ WITH REGULAR 1008 JUL -8 AM 10: 41 MAIL July 8, 2008 2:30 P.M. MACADEE ELECTRICAL CONSTRUCTION 4755 LANIER ROAD CHINO,CALIFORNIA 91710 TO CITY OF HUNTINGTON BEACH CITY CLERK, SECOND FLOOR 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 n SECTION C PROPOSAL for the PACIFIC COAST HIGHWAY STREET LIGHTING MODIFICATIONS from 11T" STREET TO MAIN STREET CC No. 1266 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 � t PROJECT BID SCHEDULE CC-1266 Street fighting Modification-Ndfic Coast Hgtmq( .. .. .... .... . Item>: P to is :_::>::: .:>... .. ::» :<.: »: »:: ;:. . .. . .. :::: iif:::::: >`#Jt�nt ::::: :+(�iaii�try: :::�:'?::::I#+�W�laa3mt:Pnoe:VVVrr�tte�i:�:�<:<::::«:::=>:=::� :<'::::. .................................... 1 1 LS Mobi ation @ TWO THOUSAND FIVE HUNDRED Dollars $ 2,500.00 $2,500.00 ZERO Cents Per LS 2 1 LS Traffic cornnol @ ONE THOUSAND FIVE HUNDRED Dollars $ 1, 000.00 $1.500.00 ZERO Cents Per LS 3 22 EA Replace Exist n Street Light Lrmli mes @ FOUR HUNDRED EIGHTY SIX Dollars $ 486.00 $10,692.00 ZERO Cents Per EA 4 4 EA Install New Street Light Pole and Luminaries @ ONE THOUSAND EIGHT HUNDRED NINE Dollars $ 1,809.00 $7,236.00 ZERO Cents Per EA 5 2 EA Remove Existing Street Light Pole and Luminaries @ EIGHTY HUNDRED NINETY FOUR Dollars $ 894.00 $ 1,7880 ZERO Ctrits Per EA 6 1 LS Install Conduit,Pull-Boxes,Type III Service and Conductors m New and FxiMm Conduit �HIRTY THOUSAND OTVE HUNDRED FIFTY THR�Ellars $ $ i0,1��n0 30453.00 ZERO Cents Per LS 7 1 LS Caltrans Encroaclm ert Permit @ FIVE THOUSAND Dollars $ 5,000.00 $ 5,000.00 ZERO C.erns Per LS Total Amount Bid in Figures:$ $ 58,869.00 Total ArnoUnt Bidin WordS: FIFTY EIGHT THOUSAND EIGHT HUNDRED SIXTY NINE DOLLARS AND -------------------------------------------- zERu C1'N'fy------- ------......------------------------..........................---- Note:the City will provide poles,luminaries,and electrical service cabinet as irkhcated on the plans at no cost to the Conk actor.Contractor to pick up materials at the City Yard, 17371 Cmthard Street. Contact Gorge Ruff two worldng days in advance for pick up at 714.536.5530. C-2 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 Bidder's Bond in the amount of$ 1 o% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check",or"Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here,if any: Addenda No. Date Received B' der's Signature 1 6/26/08 C-3 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Pacific Coast Highway Street Lighting Modifications from 11 TH Street to Main Street CC-1266 June 26, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) Section 307—Street Lighting and Traffic Signals Add the following: The price bid for "Install New Street Light Pole and Luminaries" shall include the installation of the foundation. The following revisions are made on the Street Lighting Plan,Sheet 2 of 2. 2) Install 6 #6 conductors in the conduit crossing Pacific Coast Highway at 7t' Street. Install 9 #6 conductors in the conduit from approximately STA 19+20 on the east (inland) side of Pacific Coast Highway to the electrical service cabinet. 3) The conduit on the east (inland) side of Pacific Coast Highway from STA 17+91 to 61' Street shall be designated as"CIF",conduit for future use. This is to acknowledge receipt and review of Addendum Number One, dated une 26, 2008. i MACADEE ELECTRICAL CONST. , INC. Company Name By K IN MCCARTHY JUNE 30, 2008 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at(714) 536-5431. LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Fork Number W / A By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 1 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of E)FftR @ San Bernardino Kevin McCarthy , being first duly sworn, deposes and says that he or she is Secretary of Macadee Electrical Construction, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation,partnership, company association, organization,bid depository,or to any member or agent thereof to effectuate a collusive or sham bid. Macadee Electrical Construction, Inc. Name o Bidder afore of 1 der Kevin McCarthy 4755 Lanier Rd.Chino,CA 91710 Address of Bidder Subscribed and sworn to before me this 27th day of June 52008 . NOTARY PUBLIC *****SEE ATTACHED***** NOTARY SEAL C-5 r ALL-PURPOSE ACKNOWLEDGMENT CERTIFICATE State of California County of San Bernardino On 27th June 2008 before me, Margarita Arroyo, Notary Public personally appeared Kevin Robert McCarthy proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Z WITNESS my hand and official seal. Homy Pubik#tboasbi Nofary public-California san sernardirto County My Comm,Expires Sep 5,2099 (seal) Lffi- S' nature of No ary Public ADDITIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Document title or description: Non Collusion Affidavit Document Pages: 1 Document Date: 27th June 2008 Page C-5 CAPACITY CLAIMED BY THE SIGNER Corporate Officer Title: Secretary Provided courtesy of Traveling Professionals Notaries I www.needAnotary.net iTTILI'TY 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 Pacific Coast Highway Street Lighting Modifications, (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. Macadee Electrical Construction, Inc. Contr for By evin M a y S cretary;Operations Manager Title Date: June 27,2008 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 INSTANCE 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. Macadee Electrical Construction, Inc. Contractor B Kevin cCarthy Secretary;Operations Manager Title Date: June 27,2008 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 1-8004224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Macadee Electrical Construction, Inc. Contractor B vin McCarthy Secretary;Operations Manager Title Date: June 27,2008 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 Macadee Electrical Construction, Inc. Bidder Name 4755 Lanier Rd. Business Address Chino.CA 91710 City, State Zip 909 )627-1336 Telephone Number 583125 C-10 State Contractor's License No. and Class 12/28/1989 Original Date Issued 12/31/2009 Expiration Date The work site was inspected by Kevin McCarthy of our office on June 26 20 08 The following are persons,firms,and corporations having a principal interest in this proposal: Macadee Electrical Construction, Inc. John McCarthy-President Debbie McCarthy-Vice President Kevin McCarthy-Secretary;Operations Manager C-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. Macadee Electrical Construction, Inc. Company Name Signature of Bi1,ecretary; Kevin McCarthy- Operations Manager Printed or Typed Signature Subscribed and sworn to before me this 27th day of ,June ,4.99—. 2008. NOTARY PUBLIC *****SEE ATTACHED***** NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: City of San Dimas 245 E Bonita Avenue in San Dimas, CA 91773 1. Name and Address of Public Agency Name and Telephone No. of Project Manager: John Campbell(909)394-6270 $279,459 Radar Feedback Signs at Various Locations Project 2007-07 12/2007 Contract Amount Type of Work Date Completed 2. City of Cypress 5275 Orange Avenue in Cypress,CA 90630 Name and Address of Public Agency Name and Telephone No. of Project Manager: Keith Carter(714)229-6741 $58,878 Traffic Signal Installation Project 2006-29 09/2007 Contract Amount Type of Work Date Completed 3. County of Ventura 800 South Victoria Avenue in Ventura, CA 93009-1670 Name and Address of Public Agency Name and Telephone No. of Project Manager: Richard Herrera(805)654-2018 $34,600 Traffic Signal Improvements Project 50432 09/2007 Contract Amount Type of Work Date Completed C-11 ALL-PURPOSE ACKNOWLEDGMENT CERTIFICATE State of California County of San Bernardino On 27th June 2008 before me, Margarita Arroyo, Notary Public personally appeared Kevin Robert McCarthy proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MARGAt31TA ARRM Commission#1604MI WITNESS my hand and official seal. .-. Notary Public-CaWOM1a San Bernardino County My Comm.Eupkes Sep S.2009 lf/l B� (seal) Signature of No Public ADDITIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Document title or description: City of Huntington Beach Project CC No 1266 Document Pages: 1 Document Date: 27th June 2008 Page C-I I CAPACITY CLAIMED BY THE SIGNER Corporate Officer Title: Secretary Provided courtesy of Traveling Professionals Notaries I www.needAnotary.net GREAT AMERICAN INSURANCE COMPANY OHIO Bond No. NIA BID BOND Approved by The Ametican histitute of Architects,A.I,A.Document No.A310 February, 1970 Edition KNOW At_],MEN BY THESE PRESENTS:that we Macadee Electrical Construction as Principal,hereinafter called Principal,and GREAT AMERICAN INSURANCE COMPANY,a corporation duly organized under the laws of the State ofOhio,with Administrative Offices at 580 Walnut Street,Cincinnati,Ohio 45202,as Surety,hereinafter called the Surety,are held firmly bound unto City of Huntington Beach as Obligee,hereinafter called Obiigei,in the sum of Ten percent of amount of bid Dollars(S 10% For the payment of which sum well and truly to be made,and the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted abid for Pacific Coast Highway Street Lighting Modifications from 11 th Street to Main Street. NOW,'I'l IEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another Party to perform the Work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect- Signed and sealed this 1 St day of JUIy 2008 In the presence of Macadee Electrical Construction (Principal) (Seal) SECRETARY EY 1 Title IN MCCARTHY G EAT AMERICAN INSURANCE COMPANY (Seal) (Surety) 1 ey:` �rc�y� n Susan C. Monteon (Attorney-in-Fact) Rid Bond F9630a CA,LIFOR IA ALL-PURPOSE ACKNOWLEDGEMENT State of California ss. County of San Bernardino On July 1, 2008 before me, Pamela McCarthy, Notary Public Name and Title of Officer(e.g.,"Jane Doe,Notary Public') personally appeared Susan C. Monteon Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 9 I certify under PENALTY OF PERJURY under the laws of b. 1 r 659202 2 C� 9 , � fT -1 'P�&f 2Y4 F 3 ��:iG �ed^4Lt �aaYv� � Z 4- ° P; �,cco 7TY the State of California that the foregoing paragraph is �d �Y fl9 true and correct. WITNESS my hand and official seal. �v Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer 7Top TitleO Partner -- O Limited 13 General umb here 0 Attorney-in-Fact O Trustee O Guardian or Conservator Other: Signer is Representing: GREAT AMERICAN INSURANCE COMPANY® Administrative Office:580 WALNUT STREET° CINCINNATI,OHIO 45202® 513-369-5000• FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No.0 14463 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorneyin-fact,for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the lirrit stated below. Name Address Limit of Power JAY P. FREEMAN ALL OF ALL PAMELA McCARTHY ONTARIO, $75,000,000.00 SUSAN C.MONTEON CALIFORNIA FRANCES LEFLER This Power of Attorney revokes all previous powers issued in behalf of the attorney(s}in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 4t" day of, MARCH , 2008. Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO,COUNTY OF HAMILTON-ss: oavio C.KITCHw (513-369-3811) On this 4" day of MARCH , 2008, before me personally appeared DAVID C.KITCHIN,to me known,being duly sworn, deposes and says that he resides in Cincinnati,Ohio,that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument,that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President,the several Division Vice Presidents and Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,as surety,any and all bonds,undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective dirties and the respective limits oftheir authority,and to revoke any such appointment at any time. RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking,contract or suretyship, or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature of such of aad the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed CERTIFICATION 1,RONALD C. HAYES,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this day of, Z) aC) S 1029T(11101) 1. ,,� CITY OF H`, NTINGTON BEACH �' 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK September 23, 2008 Moore Electrical Contracting, Inc. 463 North Smith Ave. Corona, CA 92880 RE: CC-1266 — Pacific Coast Highway Street Lighting Modification Enclosed please find your original bid bond for CC-1266. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure g:/followup/cas hcont/retu rnbid bo nd.d oc 1 Telephone:714-536-5227) MOORE ELECTRICAL CONTRACTING, INC. 463 NORTH SMITH AVENUE CORONA, CA 92880 2Da 610382 C-10 (951) 371-4202 Hui "BID PROPOSAL OF MOO RE.ELECTRICAL CONT CTING, INC. FOR: PACIFIC COAST HIGHWAY ST EET LIGHTING MODIFICATIONS CC-I266 -HUNTINGTON BEACH - SEALED BID -DO NOT OPEN WITH GULAR MAIL99 **** SEALED BID. DO NOT OPEN UNTIL 2:30 PM, JULY 8, 2008**** CITY CLERK - SECOND FLOOD CITY MALL CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 PT" A rry A AT" TTR iBr7 m in in r SECTION C PROPOSAL for the PACIFIC COAST HIGHWAY STREET LIGHTING MODIFICATIONS from I I'" STREET TO MAIN STREET CC No. 1266 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BYO SCHEDULE CG1266 Street Lighting Modification-Pacific Coast Highway ........... ............ ............................................................................................ ................. Item::::P,sfiti> :stended ted No. nat3' I#em WYt� Jnit::Price Wntten: t�ords... Unit:Fnce Au�pnt 1 1 LS Mobilization it 4v liars $3j 1,� $` Ci(1 Cents Per LS No 2 1 US Traffic control C 4z Cents Per LS 3 22 EA Replace Existing Street Light Luminaries Dollars $Z'D.00 $`. 00 Q.,°•Z Cents Per EA 4 4 EA Install New Street Ligbt Pole andLurn(inaries //�er� J� `t G�1i� �g�r� {�4 JF,H VL • 1. y �� $�C i'�J 00 $1�.0C tvg � ; Cents Per EA 5 2 EA Reimve Existing Street Lagbt Pole and Launinaries @ 0 t Tlkbt.l6kjDbUd%.Ft46 �° Dollars $�000.00 $�C�p (korr-) Cents Per EA 6 1 LS Install Conduit,Pull-Boxes,Type III Service and Conductors in New and Existing Conduit Dollars cents Per LS �- 7 1 LS Caltrans Fncroachmerit Permit C � JAM "o Dollars 4;0 Ci�l'V c Cents Per LS Total Amount Bid in Figures: $ Total Amount Bid in Words: i k�'1 S TN R P?® ------------ Note:the the City will provide poles,luminaries,and electrical service cabinet as indicated on the plans 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 714.536.5530. C-2 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. A 10% Accompanying this proposal of bid, find Bidder's Bondn 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: j Addenda No. Date Received der' Sin ure 1 7/2/08 Rustv B. Moo , President C-3 City of Huntington Beach Public Works Department 2000 Alain Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Pacific Coast Highway Street Lighting ting Modifications from 11 TH Street to Main Street CC-1266 June 26, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) Section 307—Street Lighting and Traffic Signals Add the following: The price bid for "Install New Street Light Pole and Luminaries" shall include the installation of the foundation. The following revisions are made on the Street Lighting Plan,Sheet 2 of 2. 2) Install 6 #6 conductors in the conduit crossing Pacific Coast Highway at 7t' Street. Install 9 #6 conductors in the conduit from approximately STA 19+20 on the east (inland) side of Pacific Coast Highway to the electrical service cabinet. 3) The conduit on the east (inland) side of Pacific Coast Highway from STA 17+91 to 6t' Street shall be designated as`°CF",conduit for future use. This is to acknowledge receipt and review of Addendum Number One, dated Jun 6 2008 Moore Electrical Contracting, Inc. Company Name By Rusty B. M , President 7/8/08 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at(714) 536-5431. LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Fork Number 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 NONCOI.I.USION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Rusty B. Moore , being first duly sworn, deposes and says that he or she is President ofMoore Electrical Contracting.,t4?j(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. Moore Electrical Contractin nc. Name of Bidder Signature oYAAve Rusty B. President 463 N Corona, CA 92880 Address of Bidder Subscribed and sworn to before me this 8th day of July 120 08 'IREa��C cornwamort# t Notary Public- Rlverslde county � (�--I��CN tdtyccmm.E��Nov®.2t)1t NOTARY PUBLIC k L Diane Rene Cody, NotaroPublic 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 performance of the work specified in the contract, known as the Pacific Coast Highway Street Lighting Modifications, (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. Moore Electrical Contrac 'ng' Inc. Contractor By Rusty re, President Title Date: 7/8/08 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 sp ce 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. Moore Electrical Contracting, c. Contractor By Rusty B. M re, President Title Date: 7/8/08 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: Moore Electrical Contracting, nc. Contractor By Rusty B. 7)re,. resident Title Date: 7/8/08 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER`S INFORMATION BIDDER certifies that the following information is true and correct: Moore Electrical Contracting, Inc. Bidder Name 463 North Smith Avenue Business Address Corona, CA 92880 City, State Zip ( 951 ) 371-4202 Telephone Number 610382 C-10 State Contractor's License No. and Class 1/22/91 Original Date Issued 1/31/09 Expiration Date The work site was inspected by N/A of our office on , 20_. The following are persons, firms, and corporations having a principal interest in this proposal: SEE ATTACHED C-10 `'Energized for Excellence" Corporate Officers: V - 71 Roscoe H. M6ore,'Chief fExecutivev Officer , � R insB. W 9 ore President o ,Wesie�L g;obo,Vice President - J, PanJ. Thorp,'Vice President _ Lynn,Ray Ashworth,""Chief Financial_Officer Jose Conrad®, �C®rporate Secretary _ i - Lic.#610382. � The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Moore Electrical Contra ting, I / Company Name Signature of Bidder Rusty B. Moore, r/ideint Printed or Typed S gn ture Subscribed and sworn to before me this 8th day of July 2008 DIANE RENE CODY Comminlon#a 1777745 if h0ot®ry Publtc -C®Ntornianty RlvefMde Cou MVC=M-EMkftNW8.2011 NOTARY PUBLIC - Diane Rene Cody, Notary ' c NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1 SEE ATTACHED Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 JOB INFORMATION &CHECKLIST 1. Job Number: C134 I Date:1 1/11/2006 2. Job Name/Location: Installation of Advanced Traffic Management System(ATMS) Citywide-Phase 1, Corona 3. Estimator: lRusty,Moore Bid Date:I 121'l/2006 4. Contract Amount: $2,718,745.00 PM: Rusty Moore GF: Nick Eddy 5. General Contractor: Imoore Electrical Contracting, Inc. Street:I I City, State,Zip:l Contact Person:I (Customer Job#: Telephone M Fax#: 6. Owner: City of Corona Street:1400 South Vicentia Avenue City, State,Zip:(Corona,CA 92878 Contact Person:(Omar Gonzalez,AE I Project#: 17-204 Telephone#:1951 279-3516 Fax M 1951 279-3627 Federal Aid Project# 7. Estimated Start Date: Billing Date: 8. Working Days: 1180 Calendar Days 9. Liquidated Damages: 1$1,000.00 Per Cal. Day 10. Contract Approved As To Amount and Scope: 11. Contract Approved As To Legal Content: 12. Copy of Contract to Moore Files(Unsigned): 13. Date Insurance Certificates Requested: 12/28/05 DRC 14. Date Contract Mailed to Owner/General Contractor: 15. 20 Day Prelim Notice: Date: 16. Date Signed Contract Received by Moore: 17. Certified Payroll ?: I I(Yes or No) 18. The Following Forms Requested Were Mailed with Contract: 1. 2. Job Infomation Sheet C134.xls JOB INFORMATION&CHECKLIST 1. Job Number: T470 Date: 8/29/2005 2. Job Name/Location: Traffic Signal and Lighting Pioneer Boulevard, Norwalk 3. Estimator: IRusty Moore I Bid Date: 8/4/2005 4. Contract Amount: F $222,721.00 PM:I Rusty Moore GF: Dave Liddell S. General Contractor: Imoore Electrical Contracting, Inc. Street: City, State,Zip:I 1 Contact Person:I (Customer Job#: IT470 Telephone#:I I Fax#: 6. Owner: Icaltans 1727 30th Street-Office Engineer Street:�MS 43 City, State, Zip:ISacramento,CA 96816 1 Contact Person:I I Project#:107-4K6704 Telephone#:1916 227-6300 I Fax#:1916 227-6151 I Federal Aid Project# ACIMG-005-2(927)E 7. Estimated Start Date: I I Billing Date: 8. Working Days: 146 9. Liquidated Damages: 1$1,000.00 per cal. Day 10. Contract Approved As To Amount and Scope: 11. Contract Approved As To Legal Content: 12. Copy of Contract to Moore Files(Unsigned): 13. Date Insurance Certificates Requested: 8129/05 DRC 14. Date Contract Mailed to Owner/General Contractor: 15. 20 Day Prelim Notice: I I Date: 16. Date Signed Contract Received by Moore: 17. Certified Payroll?: I I(Yes or No) 18. The Following Forms Requested Were Mailed with Contract: 1. 2. 3. 4. Job Infomation Sheet T470.xls - a JOB INFORMATION &CHECKLIST 1. Job (Number: Date: � 4/17/2006 2. Job Name/Location: Fain Street Traffic Signal Systems-Upgrade Between McDuamoft-- West-and Sigio;=lrvane 3. Estimator: Rusty fYliore---__ _,.: w_ Bid Date: - 2/1512®O6 4. Contract Amount: PIN - ='Rusty;.nAoore -= GF NDave Liddell 5. General Contractor: Moore.EIiid ical Corrtract'ng; City, State, Zip Contact Person. Customer Job#: Telephone# -.--- __ - Fax#:-- 6. Owner: Street P O Box.=19575__- ' "x City, State, Zip ,Irvine,CAa92606=5207_� Contact Person: :Michael-Ammean P. Project#: CIP_336120 Telephone#::949-724-6180 . -r-__-- Fax#::949-724=6030 W ***** Federal Aid Project# - _ _ ---- 7. Estimated Start Date: - -- -= Billing 8. Working Days: 65��_- - 9. Liquidated Damages: $250:OO der-day-°- _- 10. Contract Approved As To Amount and Scope: 11. Contract Approved As To Legal Content: 12. Copy of Contract to Moore Files(Unsigned): 13. Date Insurance Certificates Requested: __- 14. Date Contract Mailed to Owner/General Contractor: = 15. 20 Day Prelim Notice: - � V w W__. Date: 16. Date Signed Contract Received by Moore: - - -- 17. Certified Payroll ?: or No) 18. The Following Forms Requested Were Mailed with Contract: 1 23. r µ - 4 Job Infomation Sheet C136.xis JOB INFORMATION &CHECKLIST 9 1. Job Number: Date:--- 12P7112007- - -- 2. Job Name/Location: Bu4terfeld ParEs_Elecfrical Improvemerot Project,_ororea� - 3. Estimator: Rust9= re= Bid Date:= 11/19/2007 4. Contract Amount: _----_.$18832100-_ PM Rusty nAoore = GF• Y _.Z._Ni6-I dy 5. General Contractor: A�oore-ElectncalCortracttng-lnc.. . _.: __ „_a _ _sue _„ - ,w Street _ - - City, State, Zip - - - Contact Person _=- _� ®= Customer Job# Telephone# . __ Fax# 6. Owner: Cof Corona Street --- City, State, Zip: Corona,CQ 92878-0940 - Contact Person Lin`tla:Deg`eL _ J Project#:`08 199LD Telephone# 95_4:73649.69_ =w Fax#:.951:736s2445 ***** Federal Aid Project# - - 7. Estimated Start Date: - Billing Date: = 8. Working Days: 'mu stete conpl_eteii_ay 2/15/0-7. = 4 9. Liquidated Damages: _$50000 per=cal day- ` 10. Contract Approved As To Amount and Scope: 11. Contract Approved As To Legal Content: _ 12. Copy of Contract to Moore Files(Unsigned): -- - -- _. - 13. Date Insurance Certificates Requested: -1--2/-1:1'i07DRG 14. Date Contract Mailed to Owner/General Contractor: - - 15. 20 Day Prelim Notice: Date 16. Date Signed Contract Received by Moore: « 17. Certified Payroll =:(Yes or No) 18. The Following Forms Requested Were Mailed with Contract: Job Infomation Sheet L360.xls THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Moore Electrical Contracting, Inc. as Principal, hereinafter called the Principal, and Fidelity and Deposit Company of Maryland a corporation duly organized under the laws of the State of Maryland as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Bid Amount($10% of Bid), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Pacific Coast Highway Street Lighting Modifications from 11t'Street to Main Street 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 3rd day of July, 2008. -� Moore Electrical Contr cting, Inc. cipal) r ! � (Seal) Paul J. Thorp,( ices)President Rusty B. Moore Pr si ent Fidelity and epo t Company of Maryland (Surety (Seal) (Witness)Ryza Jee Desaca,Asst.Account Rep. By Edward N. Hackett, Attorney-In-Fact (Title) AIA DOCUMENT A310•BID BOND•AIA®•FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y_AVE.,N.W.,WASHINGTON,D.C.2000E CALIFORNIA ALUPURPOSE ACKNOWLEDGMENT State of California County of Riverside On 7/rR//08 gore me, Dian Rene Cody Notary Public Retie Hi hea2► and 700 mf@he personalty appeared Rusty B_Moore and Paul J_Thorp NW-W&S4-w who proved to me an the bans of salislaclory evidence b be the persons)whose narne(s)-is�are subscribed to the within instrument and acknowkxkjed to me that etaeaAed the sarrto in capacity(ees),and that by Wiedtheir s me(s)an the instrument the person(s), or the entity upon behalf of E REId:Co t which the person(s)acted, the instrument Cary uWl OW 1 M�It3 ili I certify under PENALTY OF PERJURY under the lags ItIv`• ealde otM of the State of Caliilmm that the foregoing is COOM 6Eiro N mG.2011 true and correct_ VVrTN1ESS my hand and seal. Signatu Pam Kaury seek ft� O�ti YONAL 4Re='tWv,)Nobuv Public ii`nough .. �s not b_V law krnWpww vakxa&e lb parsons re4wWon Sfe documerd and fX2��rrt fraa�rdent rrnia�ta�arnd ra;at�dnnEerat fJf Sus loorrtn m a duraerrevat Description of Ached Document Tille or Type of Document: Bid Baud Document Date: 7/3N08 Number of Pages: I Sigfner(s)Other Than Named)Above: Capacity(es)Climml by Signer(s) Signer's Nance: Rusty B.Moore Signers Name- Paull_Thorp D Irfifividual 171 Individual Corporate Officer—Titee(s): President Z Corporate Officer—Title(s): Vice President 7 Partner—0 Limited .71 General Q Partner—r7 I mdel D General Aitorrrey in Fact MINIMEM 101113MEM113ow Ff Attixniepy in Fad Too of 7— Trustee thumb� m D Trustee of rt me Guardians or Corte D GuarrUn or Carte u. Other_ j r'Other: Sk Signer i Ism= Moore Electrical C.0 renra l.. Moore Ukrbi al Coatraetiw Inc. -�:�G,`���.-:��-o`�'.�.'C:`�-_rC�.�.�vY'_�v"--•i?�✓':.�':.(;-: ,_:C�."-�'/l�__-=�':.�7'"-rZ ...£�:� �✓�,L'f.'efi.y'=v't!°�;s.:Y'_-fC �n�IPl�fmmel'Mom-Aesmer�mra���e Saks d�e:_�Bime 27� .CA 9t�A3c2u@Lmw�P �2Vh�y¢aeg 86sre 7 fr(�N3or-Flee Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by THEODORE G. MARTINEZ, Vice President,and ERIC D. BARNES,Assistant Secretary, in pursuance of authority granted by Article VI, Section 2,of the By-Laws of saidCR�y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the dak, �tk �e ereby nominate, constitute and appoint Edward N.HACKETT,of San Diego,Californ ,, ` ul�aa nd Attorney-in-Fact,to make, execute,seal and deliver, for,and on its behalf as suP'_'k a as �� ee >4► 5 ,nds and undertakings,and the execution of such bonds r uof ua � g , o a s s �hfs shall be as bmdmg upon said Company, as fully and amply,to all inten �aS ifrtlry ;u xecuted and acknowledged by the regularly elected officers of the=We�r_e_tj c 4(� rn their own proper persons. The said AssistantsIi�ttract set forth on the reverse side hereof is a true copy of Article VI, 1.Section 2,of the By-L� i1 dsd`rsnow in force_ IN WITNESS W he said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporat�al of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I Ith day of June, A.D. 2008. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND �D DUO, 4 rcp�4i � O Q W , l By: Eric D. Barnes Assistant Secretary Theodore G. Martinez State of Maryland ss: City of Baltimore On this Ilth day of June, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. w..uw �Ar+valg'� Dennis R. Hayden Notary Public My Commission Expires: February 1,2009 POA-F 012-9310M CITY OF HUNTINGTON BEACH 1 EJ 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 23, 2008 Power Nex Construction, Inc. 535 W. Willow St. Long Beach, CA 90806 RE: CC-1266—Pacific Coast Highway Street Lighting Modification Enclosed please find your original bid bond for CC-1266. Sincerely, Z' Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure g:/followup/cashcont/returnbidbond.doc (Telephone:714-536-5227) Power Nex Construction Inc® 535 W.Willow Street,Long Beach,CA 90806 — LUNG � JUL «: � 5" UN/TfD STd7ES A License#586170 " "( .;' rosrnLseawce Office(562) 595-8373 � �� 0000 Toll Free (800)505-1788 Vic May on Fax(562) 595-8371 V k Cell (562)577-0139 President r 4 7a m R k ' R " 7007 2680 0000 7684 r r 4 9356 °Elw REQUESTM ff 1$4) , j6'1 Gl y 0 Z3,�Loo o a,; ,v S' 74- # .CC, / I a i-OAI /S&0-1C'A .� J N SECTION C PROPOSAL for the PACIFIC COAST HIGHWAY STREET LIGHTING MODIFICATIONS from 11T" STREET TO MAIN STREET CC No. 1266 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 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE �w For Pacific Coast Hi hwa Street Lighting Modifications from 11TH Street to Main Street QQ-1266 June 26,2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications,and Special Provisions: V/1) Section 307—Street Lighting and'Traffic Signals Add the following; The price bid for `Install New Street Light Pole and Luminaries" shall include the installation of the foundation. The following revisions are made on the Street_LightingPPlan.Sheet 2 of 2. w�2) Install 6 96 conductors In the conduit crossing Pacific Coast Highway at 71" Street. Install 9 #6 conductors in the conduit from approximately STA 19+20 on the east (inland) side of Pacific Coast Highway to the electrical service cabinet. p,--'3) The conduit on the east (inland) side of Pacific Coast Highway from STA 17+91 to 6t' Street shall be designated as"CF",conduit for future use. This is to acknowledge receipt and review of Addendum Number One,dated June 26,2008. fey 1� v Company Name By ff, D All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F.Janusz at(714)53"431. PROJECT BID SCHEDULE CG1266 Street Lighting Modification-Pacific Coast Highway It ::lf+stimated Extenite<l ..... ...... .......... .. ................. ..................... .. ....... .................. .. ..................... ..............N unit .. ........................ . ... ... 1 1 LS Mobilization @ -7,ER 0 r- Dollars $ $ --� A/p Cents Per LS 2 1 LS Traffic control Dollars $0.000•oo $ D 600.60 o Cents Per LS 3 22 EA Replace Existing Street Light Lurninari @ a �1��_Dollars l qq. 8 Cents Per EA 4 4 EA Install New Street Light Pole Lurninaries @ Dollars $ 000-oo $2owe-ao A10 Cents Per EA 5 2 EA Rermve Existing Street 1AV Pole and Luminaries @ Dollars Alo — Cents Per EA 6 1 LS Install Conduit,Pull-Boxes,Type III Service and Conductors in New and Existing Conduit @ - Dollars $ O00.eo $ 000 eo WO Cents Per LS 7 1 LS Caltrans Fheroachrrrerit Penn it @ Dollars $ 41 ,000 .00 $ 000,o ,S/p Cents Per LS Total Amount Bid in Figures: $ $ -- Total Amount Bid in Words: ------------------------ - .. - -- - - Note:the City will provide poles,luminaries,and electrical service cabinet as indicated on the plans at no cost to the Contractor.Contractor to pick up rmterials at the City Yard, 17371 Godwd Street. Contact George Ruff two working days in advance for pick up at 714.536.5530. C-2 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 130AM in the amount of$ $, y00•Da which said amount is not less than 10% of the aggregate of the total bid price, as required b the h Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-3 FIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work r Number ' `° �'�Y�a.v,C� �/kd`� �/✓ i/�l�C,cr�iv A " 05'0 7 13O/21N -5All 4"udd $31/ Y, F S C-01.14 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Ih'c e't M . 171 k yLo.c/ , being first duly sworn, deposes and says that he or she is O?g45;P eldt of m wlm A�& 6fs56&d;,w Zvc the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization,bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. lyt-'-'�c C6446 _TAC Name of Bidder ��/t //ev Signature of Bidder gas �i o w 5f I A/��I�i Address of Bidder �p�$��_,�g j a Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC NOTARY SEAL C-5 CALIFORNIA JURAT WITH AFFIANT STATEMENT )<&ee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No.1 Signature of Document Signer No.2(if any) State of California County of � O UD Subscribed and sworn to (or affirmed) before me on this ` day of c )� 20 09, by ERIN KATHERMAN Date V�Ct Mon Year COMM.# 1739341 (1) me NOTARY PUBLIC-CALIFORNIAK Name of Signer 0 LOS ANGELES COUNTY proved to me on the basis of satisfactory evidence My Comm.Expires April 16,2011 be the person who appeared before me (and (2) Name of Signer proved to me on the basis of satisfactory evidence be the person whoa tired befor e.) ;/' Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent • • fraudulent removal and reattachment of this form to another document. Top of thumb here Top of thumb here Further Description of A�n/y� Attached Document Title or Type of Document: Document Date: \ V Number of Pages: Signer(s)Other Than Named Above: ©2007 National Notary Association-9350De Soto Ave.,P.O.Box2402-Chatsworth,CA91313-2402-www.NationalNotaryorg 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 Pacific Coast Highway Street Lighting Modifications, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. ""'I AbI x Contractor U ' By �lLStl�IG.tG� Title Date:4�,,�_ ,279=oog C-6 DISQUALIFICATION QUIESTIONNAIRIE 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. potvullk '444 )c 6W;1rW11*041 C, Contractor ` aI� By Title Date: 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 1/ / /' By IL- hlp CALI/ Title Date: L7 02�0 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER`S INFORMATION BIDDER certifies that the following information is true and correct: L X o���5 /ZG�Gr O/✓ /�G . Bidder Name r Business Address 6et. 9d&(0 225 3 0 City, J State Zip 7.3 Telephone Number ,58 � 7 0 -Io State Contractor's License No. and Class w-ctiz, Original Date Iss ed f t5 bg-q �% $ g,00 Expiration Date The work site was inspected by U 't7� of our office on ,� , 20!PS The following are persons, firms, and corporations having a principal interest in this proposal: 44)w- /� -iVC a-coV& In► �-o 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. / 015/4' AkK' -Lac . Company Name (//`' -" Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this_day of , 199_ . 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. p = /=6� Auvie5' A/olAll'-VIA" Naml and Address of Public A encylrL y f�f,��6�� . 6w Name and Telep one No. of Project Manager: ZEN A41,1159 1QVAJL,--A . Contr ct Amount Type of Work Date C mpleted 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 CALIFORNIA JURAT WITH AFFIANT STATEMENT Attached Document (Notary Vn cross out lines 1-Gbelow) U Gam Statement Below (Linea 1-5 to be completed only by document nigner[o]. not Notary) ' _ --- - _ _ -- - '_ e -~- Signature ot Document Signer No.` Signature m Document Signer No.c(it any) State ofCalifornia County of `-'-� / ng'�!(C' Subscribed and sworn ho (or affirmed) before meonthis NOTARY PUBLIC-CALIFORNIA1 z LOS ANGELES COUNTY 0 V t hy, M a'1A 0 0 a Name of Signerj proved to me on the basis of satisfactory evidence be the person who appeared before mei) (.\ (and (2) Name of Signer proved to me on the basis of satisfactory evidence be the person ) M Signature Signature mNotary Public Place Notary Seal Above OPTIONAL Though the information below is not required bv law, »may prove Y valuable m persons relying on the document and could prevent WIFFINY fraudulent removal and reattachment n/this form m another document. Top of thumb here Top of thumb here Further Description uf Any Attached Document ru/oo,rypomovvumont. uuo"mo"toam. Number m Pages: _--�--_ o/oner(x)Other Than Named Above: we00r National Notary Association-9350 De Soto Ave.,P0.Box 2402-Chatsworth,CA 91313-2402-www.Nation wm"*"rg /*m#5910 Reorder:Call Toll-Free,*o*v76-6ur F State of California•Department of General Services'Arnold Schwarzenegger,Governor g" PROCUREMENT ® iVlSE0N9 Office of Small Business and DVSS Services ?.f 707 Third Street,1st Floor,Room 400 PO Box 989052 Lu s�r West Sacramento,California 95798-9052 (800)559-5529 SB APP 200709061.52314 September 6, 2007 POWER NEX CONSTRUCTION INC 535 W WILLOW ST LONG BEACH CA 90806- 2830 Dear Business Person: Congratulations on your certified small business status with the State of California. Your certification entities you to benefits under the state's Small Business Participation Program within state contracting, including a five percent bidding preference and special provisions under the Prompt Payment Act. Certification period Your certification period for each business type is Industry From - T. CONSTRUCTION 08/27/2007 08/3T%2008 Annual Submission Requirement To maintain your certified status, you must annually submit to the Office of Small Business and DVBE Services (OSDS), proof of annual receipts and proof of employees for your firm and each of your affiliates (if any). Proof of Annual Receipts Submit to OSDS, a copy of your firm's.and any affiliate firm's ENTIRE federal tax return each year following your certification. Include ALL accompanying schedules, forms, statements, and any other support documents filed with that specific tax return. If you request a tax filing extension vvith the Iriternal Revenue Service;submit to our office'a copy of the extension form. When your tax returns are filed, submit a copy of the entire federal tax return to our office. Proof of Employees If you have employees whose taxable wages are reported to the California Employment Development Department (EDD) on a quarterly basis, you must annually submit to our office along with your proof of annual receipts, proof of employees for your firm and any affiliates. We will accept a copy of the EDD's "Quarterly Wage and Withholding Report" (Form DE6)or other format accepted by the EDD. Your employee documents must cover the same four quarters as the tax return you submit for your proof of annual receipts. If you have out-of-state employees, submit the employee documentation comparable to EDD's "Quarterly Wage and Withholding Report"for the same four-quarter period. Maintaining Your Online Certified Firm Profile Office of Small Business and DVBE Certification REF# 0046759 POWER NEX CONSTRUCTION INC September 6, 2007 SB APP 20070906152314 4 Standard Industrial Classification (SIC)and North American Industry Classification System (NAICS)Code(s) Certification Approval Attachment You selected the following Standard Industrial Classification (SIC)and North American Industry Classification System (NAICS)codes and/or contractor's license classifications to describe your firm's business: *Construction firms are classified by their California contractor's license classification(s)- Industry classification(s)- Industry NAICS Code NAICS Code Description Industry SIC Code* SIC Code Description CONSTRUCTION C-10 Electrical (general) CITY OF LOS AN (jh-Ltb BOARD OF PUBLIC WORKS CALIFORNIA 3011N I_REAME 11,AR. Inspector of public Works and CYNTIHAM IWIZ Director PRESIDEN I K VAI,ERIF 1,YNNI;SHAW Bureats of CONTRACT ADMINISTRATION VICE PRESIDI:NT 1149 South Broadway,Suite 300 PAULA A.DANIEI..S Los Angeles,CA 90015 PRESIDFNI PRO-TEMPORE (213)847-1922 RNESTO CARDFNAS ANTONIO R.VILLARAIGOSA littp:Hbca.facity.org COMMISSIONER MAYOR JUL.IEB GUTMAN COMM ISSIONUA JAME-S A.GIBSON EXECUTIVE OFFICER Victor Maylon February 28, 2008 Power Nex Construction, Inc. SLB - 2186 535 West Willow St. Expiration Date: 2/28/2009 Long Beach, CA 90806 Phone: (562) 595-8373 SMALL, LOCAL BUSINESS ENTERPRISE (SLBE) CERTIFICATION APPROVAL Dear Victor Maylon: Pursuant to the provisions of the City of Los Angeles Administrative Code Article 4 of Chapter I of Division 10 and the policy of the City of Los Angeles Bureau of Contract Administration, Office of Contract Compliance (OCC), we are pleased to inform you that your firm has been certified as an SLBE and has been placed in the City of Los Angeles Small, Local Business Enterprise directory as a firm specializing in Electrical Power Line Contractor, Overhead and Underground Electrical and Street Lights. This certification is valid for one year from the date of this letter. If after one year you wish to be recertified by the City of Los Angeles and have not received recertification documents, please contact this office. If the company's principal office has moved outside the County of Los Angeles, you are required to notify this office of the move in writing. Also, please include your file number on each page of correspondence relating to this matter. The City reserves the right to withdraw this certification at any time if it is determined certification was knowingly obtained by false, misleading or incorrect information. The City also reserves the right to request additional information and/or conduct on-site visits at any time during the certification period to verify any documentation submitted with your application. By accepting certification, the firm of Power Nex Construction, Inc. hereby consents to the examination of its books,records and documents by the City. Should you have any questions, please contact Ripsime Ter-Galstyan at (213) 847-2640 or e-mail at ripsiine.ter-galstyan@lacity.org. Sincerely, ELM ' P I DL, ificatio anag IF Office of Contract Compliance Bureau of Contract Administration AN EQUAL OPPORTUNITY-AFFIRMATIVE ACTION EMPLOYER P r VI1 1 VI" �.VV/'�I•V1.:4LV Office of Finance P.O. Box 53200 Los Angeles CA 90053-0200 POWER NEX CONSTRUCTION INC 535 W WILLOW STREET 535 W WILLOW STREET LONG BEACH,CA 90806-2830 LONG BEACH,CA 90806-2830 ..................................................................,........................................._..............__............__.._..._.....................................................__..__.............._....................................................................................................................................... THIS CERTIFICATE MUST BE POSTED AT PLACE OF BUSINESS CITY OF LOS ANGELES TAX REGISTRATION CERTIFICATE "_. THIS CERTIFICATE IS GOOD UNTIL SUSPENDED OR CANCELLED BUSINESS TAX MUED:0212erIM ACCOUNT NO. FUNI: LASS DESCRIPTION STARTED STATUS j 0002321415-MI-3 LIES Contractor 03/05r2008 Active j { I J 1 1 1 POWER NEX CONSTRUCTION INE F I�� , 1 535 W WILLOW STREET ISSUED!by: LONG BEACH.CA 9MG-2030 535 W WILLOW STREET DIRECTOR OF FINANCE { LONG BEACH,CA 9OWS-28V NOTIFY THE OF OF FINANCE IN VMTMO OF ANY CHANCE IN OR AEOREfL Omcf at FNlal-P.O.Ew 53200 Los AVOW CA Yo04>•O2o0 FICE THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Power Nex Construction, Inc. as Principal, hereinafter called the Principal, and Western Surety Company a corporation duly organized under the laws of the State of South Dakota as Surety, hereinafter called the Surety, are held and firmly bound unto City of Hunington Beach as Obligee, hereinafter called the Obligee; in the sum of ), Ten Percent of Amount Bid----------------------------------------------------------------------------- Dollars {$ 10%--------------- for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Pacific Coast Street Lighting Modifications From 1 Ith Street to Main Street 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 30th day of June 20OF Power Nex Construction, Inc. I Principal) 13evl) (Witness) ' "I _ (Tit ) Western Surety Company (Surety) (Seal) (Witness) ;i`4 ° Title) Bobbie Beeny,Attorney-In-Fact ;/J AIA DOCUMENT A310- BID BOND. AIA tED FEBRUARY 1970 -THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N_Y,AVE-,N.W.,WASHINGTON, D.C.20006 WesternSurety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORINE Y-.IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Nancy Luttenbacher, John Hopkins, Steve Williams, Bobbie Beeny, Elizabeth Teats, Mindy Elaine Whitehuse,Bonnie Two Bears,Individually of Chico,CA,its true and lawful Attorney(s)-iii-Fact with full power and authority hereby conferred to sign,seal and execute for rind on its bchalf bonds. undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authority of the By-1,aw printed on the reverse hereof,duty adopted-as indicated,by The sharr holders of the corporation, In witness Whereof,WESTERN SURETY COMPAMNY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 3rd clan of November,2006 z WESTERN SURETY C() R-1PANY State of South Dakota ss County of Minnehaha On this 3rd day of November.2006,before me personally came Paul f Bruflat.fo me known,who,being by me duly sworn,did depose and say that be resides in the City of Sioux Fall,. State of South Dakota,that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument,that he knows the seal of said corporation:that the seal affixed to the said instrument is such corporate seal,that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation MN commission expires + s D. KRELL i November 30,2012 i 9EI11 NOTARY PUBLIC SEAL r r SOUTH DAKOTA i ` D Krell-Notary Public CERTIFICATE 1.L. Nelson,Assistant Secretary of WESTERN SURI TY COMPANY do hereby certify that the.Power of AItowcy hcietnabove set forth k still in force,and further certify that the By-La"of llie corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto:ubscrihed my name and affixed the seal of the said corporal ion this 30 day of June, 2008 WESTERN SURETY COMPANY 4�NelsonAssistiuitSccretarN_ tarns 1•-42tit1-01-!r5 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Butte On June 30,2008 before me, Elizabeth Teats,Notary Public (Here insert name and title of the officer) personally appeared Bobbie Beeny, Attorney-In-Fact who proved to me on the basis of satisfactory evidence to be the person{�hose name(-s+is/a*e subscribed to the within instrument and acknowledged to me that- /sheer executed the same in+is/her/+hek--authorized capacity.�' and that by+4s4her/tkeir ignature�} n the instrument the persol3{s}-or the entity upon behalf of which the persoacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the"foregoing paragraph is true and correct. ELIZ111ETtI TEATS WITNESS my hand and official seal COMM.1� 1635692 f8 NOTARY PU3Lr CAUFORN1A COUNTY OF SUT T: C,�,��, Comm.Expires An. 7,2010 Signature otary Public ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a Bid Bond document is to be recorded outside of California. In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may he printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in Power Nex Construction, Inc. California(i.e. certifying the authorized capacity of the signer).Please check the (Title or description of attached document continued) document carefidly for proper notarial wording and attach this form if required 1 06/30/2007 'State and County information must be the State and County where the document Number of Pages __ _ Document Date signer(s)personally appeared before the notary public for acknowledgment. •Date of notarization must be the date that the signer(s)personally appeared which Western Surety Company must also be the same date the acknowledgment is completed. (Additional information) •The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. El Individual (s) he/she/thy,is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer •The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) •Signature of the notary public must match the signature on file with the office of the county clerk. ® Attorney-in-Fact * Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other * Indicate title or type of attached document,number of pages and date. * Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). •Securely attach this document to the signed document 2008 Version CAPA v12.10.07 ®, j& _j CITY OF HUNTINGTON JCT��" 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK September 23, 2008 PTM General Engineering Services, Inc. 5942 Acorn St. Riverside, CA 92504 RE: CC-1266 — Pacific Coast Highway Street Lighting Modification Enclosed please find your original bid bond for CC-1266. Sincerely, a Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure g:/followu p/cas hcont/retu rnbid bond.d oc (Telephone:714-536-5227) d- 2003 JUL -8 PM 2: 22 Bidder: PTM General Engineering Services, Inc. 5942 Acorn Street RiversidCa 92504 es, 951.710,1000 To: City of Huntington Beach Attn: City Clerk 2000 Main St, Second Floor Huntington Beach, CA 92648 Date of Bid: Tuesday, July 81 2008 , Time of Bid. 2:OOP.m• Project No, CC No. 1266 Modification Project DesC: Pacific Coast Highway Street Lighting,glp ENCLOSE REGULAR D - DO NOT OPEN WITH R yq MAIL K roy. r 4 _ E f ! v. c SECTION =C PROPOSAL for the PACIFIC COAST HIGHWAY STREET LIGHTING MODIFICATIONS from I ITH STREET TO MAIN STREET CC No. 1266 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. J' BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID-SCHEDULE CC-1266 Street Lighting Modification-Pacific Coast Highway ...... ........ ..... .... ... ...... .. .... ...... . . ..... .. ............... ............ ... ... .... .. . ........ ........... .. .... ............ n ........ .... .... .. . ... ... ... .. ..... . ..... . . .. .... . ...........ltl*w-h. I I LS Mobilization @ Dollars Cents Per LS 2 1 LS Traffic control @ c o c J 4 d Dollars $ 6 a $ Cents Per LS 3 22 EA Replace Existing Stred H&Imunaries @ 0 ne- Dollars $ IS-0 $ Cents Per EA 4 4EA hiAa New Street U&Pole and Lurnmari @ L-X- C' S n Dollars $), oo (. $_jL' Cents T_ Per EA 5 2 EA Ramve Existing Stred H&Pole and lmripan s v r e61 L.c_3 4 A 3 7 Dollars $ L Cents Per EA 6 1 LS Install Conduit,Pull-Boxes,Type 111 Service and Conductors in New and Existing Conduit a 3 v& 3 Dollars $ L $ Cents Per LS 7 1 LS Caltrans Encroaclinxit Penh k-t J @a P, Dollars $ S-0 L> $ Cents Per LS Total Amount Bid in Figures:$ $ y6j Total Arnolut Bid in r -1-7 '3 , X d ----------------------------------- ------- ------------- -------­---------- ........ ....................... -Po I/ r � L� , '­e '4 ..... 5,1 Note-the City will provide poles,luminaries,and electrical service cabinet as indicated on the plans at no cost to the Contractor.Contractor to pick up materials at the City Yard, 17371 Godwd Street. Contact George Ruff two working days in advance for pick up at 714.536.5530. C-2 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. Accompanying this proposal of bid, find Bid Bond in the amount of$ 10° which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or"Bidder's Bond", as the case maybe). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature One Brian Mendoza, Vice Pres ' dent C-3 LIST ®F SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. Riverside County of MAW Brian Mendoza , being first duly sworn, deposes and says that he or she is Vice President/Secretary of PTM General Eng. Svcs. , Irthe ply making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association,organization,bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. PTM General Engineering Services, Inc. Name of Bidder C?!�? Sign ture of Bidder Brian Mendoza, Vice President/Secretary 5942 Acorn St . Riverside, CA 92504 Address of Bidder Subscribed and sworn to before me this 7th day of July 20 08 ELIZABETH N.M.MCRAE Comm.# 1686768 1n NOTARY PUBLIC-CALIFORNIA VJ RIVERSIDE COUNTY' M-LIP (CAC.,rzF AUG.7,20M NOTARY PUBLI „_ .,1 E izabeth H. M. McRae NOTARYSEAL C-5 ACKNOWLEDGMENT State of California County of Riverside ) On ���3l� before me, Elizabeth H.M. McRae, Notary Public (insert name and title of the officer) personally appeared Brian Mendoza who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ,Aq —ELIZABETI7HM64RAE WITNESS my ha and fficial seal. COMM. " to NOTARY PUBLIC-CALIFORNIACOUNTy N My COMM.RSID EXPE AUG.1 2010 " Signature (Seal) 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 Pacific Coast Highway Street Lighting Modifications, (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. PTM General Engineering Services, Inc. Contractor y A Brian Mendoza, Vice President/Secretary Title Date: 07/07/08 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 C 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. PTM General Engineering Services, Inc. Contractor By Brian Mendoza, Vice President/Secretary Title Date: 07/07/08 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: PTM General Engineering Services, Inc. Contractor X*� By Brian Mendoza, vice President/Secretary Title Date: 07/07/08 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: PTM General Engineering Services, Inc. Bidder Name 5942 Acorn St . Business Address Riverside, CA 92504 City, State Zip (951 ) 710 . 1000 Telephone Number 891265 Class A; C10; C31 State Contractor's License No. and Class 02/2007 Original Date Issued 02/2009 Expiration Date The work site was inspected by Brian Mendo z aof our office on 0 7/0 7 20 0 8 The following are persons, firms, and corporations having a principal interest in this proposal: PTM General Engineering Services, Inc. Elizabeth H. Mendoza de McRae, President/CFO Brian Mendoza, Vice President/ Secretary 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. PTM General Engineering Services, Inc. Comp ame Signature of Bidder Brian Mendoza, Vice President/Secretary Printed or Typed Signature Subscribed and sworn to before me this 7tt1day of July 4gg:2008 ------------ ELIZABETH H.M.MCRAE COMMJ 1886768 to NOTARY PUBLIC-CALIFORNIA RIVERSIDE COUNTY MY Comm,UP.AUG.7,2010 NOTARY PUBLIC EKlizabeth H. M. McRae NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Lundgren Management c/o Sta. Clarita Community Colleges Name and Address of Public Agency 17262 Sierra Highway Canyon Country, CA 91387 Name and Telephone No. of Project Manager: Mr. will Karrat 661 .257 . 1805 324, 238 . 00 Canyon Country Campus Street Imp. Near Completion Contract Amount Type of Work Date Completed 2 City of Hawthorne 4455 W. 126th St . Hawthorne, CA 90250 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mr. Alan Leung 124,400. 00 Hawthorn Blvd. Traffic Signal Modification Near Completion Contract Amount Type of Work Date Completed 3. City of Diamond Bar 21825 Copley Drive, Diamond Bar, CA 91765 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mr. Rick Yee 909 . 839 . 7040 436076 . 00 Interconnect Project In Process Contract Amount Type of Work Date Completed C-11 ACKNOWLEDGMENT State of California County of Riverside _) On ��/�? �� before me, Elizabeth H.M. McRae, Notary Public (insert name and title of the officer) personally appeared Brian Mendoza who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in _ his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS a and official seal. Signatu (Seal) 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 SummarX • 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 Experience High Light Electric Inc. 10/1996-present Riverside, Ca • Chief Estimator(05/2005-present) o In charge of managing the estimating department and finalizing bid packages; o Coordinating the beginning phase of an awarded project between the company and agency or prime contractor; • Project submittals; ® Contract review. o Successfully bid on projects totaling$12 million with an average spread of 6%; © Area Supervisor(10/1996-05/2005) o Coordinated and managed 10 crews consisting of 6 members per team in the Southern California region; o Handled various sized projects ranging in size from $1,000 to $4.5 million dealing with dry utilities, wet utilities, traffic signals, and road improvements; ® Please view attached document listing HLE projects. o Maintained coordination between High Light Electric Inc. and subcontractor, general contractor, and project owners; o In charge of handling project's administrative work; ® Monthly progress estimates; Project progress schedules; Material requisitions; ® Contract change order negotiations; a 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 ; 4 - Brian Mendoza 11080 Kay Jay St. +Riverside, CA 92503 +951-712-5767 + Brian@mbe-hlj.com o Maintained coordination between MBE Electric Inc. and subcontractor, general contractor, and project owners; o 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 1-10 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-Wj.com City of Indio Project# ST 0137(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 'pommy Young-Proj ect Manager for prime contractor- Cell: (951) 232-6618 and Office: (760) 343-5472 0 Mehran Sepehri-City Engineer- Cell: (760)250-2201 Additional Professional References: o Zale Farris- Caltrans inspector- Cell: (951) 289-0047 o Ray Robles- Caltrans area supervisor- Cell: (909) 799-0646 Frgeway Electric P, (� Box 7745 '. Riverside; :G"a. 2513745 Phase 90 72 .l iqq Four 5X. Z? 1 O, Electrical Project References Listed below are the names, address, and telephone numbers for five public agencies for which Freeway Electric has performed similar work called out for in the plans and specs within the past two years. 1) City of Indio Contact: Mr, Tom Brochard 100 Civic Center Drive. Tel' 760.342.6500 Indio, CA 92201 Contract No. d Desc. T50601 T/S modifications at Madison St. Completed: 11106 Contract Amount- $153,000.00 I 2) City of Bel/flower Attn: Contact: Mr. Paul Zwiep 16600 Civic Center Drive Tel' 562.804,1424 Bellflower, CA 90706 Contract No, d Desc: Spec No. 04105-03 TIS Mod. e Bellflower Blvd. Completed' 01107 Contract Amount: $297,000.00 3) Department of Transportation Contact: Mr, Toe Obadike 1727 30"' Street Tel.'951. 830,6821 Sacramento, CA 95816 Contract No, d Desc: CDOT O8-OF4104 Lugonia Ave. Highway L tg. In Redlands Completed 01107 Contract Amount: $130,000.00 4) City of Newport Beach Contact: Mr. Brad Sommers 3300 Newport Blvd. Tel: 949.644.3316 Newport Beach, CA Contract No, d Desc: #3827 05-06 T/S Upgrades on Balboa Blvd. i Completed' Approx 09/07 Contract Amount: $438,000.00 i ,� �reew�}!E/ectric P�O��oxA�45 Ri v rsir�e Goa��25t 3 �'T45 Pho e 951 71(7- x License No.,6k45X2 ClosA ' 10 C31 Traffic Signal References City of Newport Beach Contact: Mr. Brad Sommers Contact No: 949.644,3316 Contract Desc: #3827 T/S Upgrades on Balboa Blvd(3 traffic signals) $438,000,00 City of Bellflower Contact: Mr. Paul Zwiep Contact No: 562,804.1424 Contract Desc: Spec 04/05--03 T/S Mod @ Bellflower(2 traffic signals) $297,000.00 City of Indio Contact: Mr. Tom Brochard Contact No. 760.342.6500 Contract Desc: T50601 T/5 Modification at Madison (2 traffic signal mod.) $153,000,00 City of Indio Contact: Mr. 7alme Engler Contact No: 760.342.6500 Contract Desc: T50611, T50612, T50613 T/SModificationsof.VariousLoc (2 traffic signal mod1fications)$557,556.00 i City of Carson Contact: Mr. Richard 6ar/and Contact No. 310,952.1700 ext 1815 Contract Desc: 1141 d 1918 Left Turn Phases(2 traffic signal mod.)$81,079.00 City of Arcadia Contact: Rafael or Ramiro Contact No: 626.574.5486 Desc: Traffic Signal Modfications(2 traffic signal mod.) $80346.00 and $102,274.00 City of Cypress Contact: Mr. Kamran Dadbeh Contact No: 714.229.6750 Desc: Left turn modifications (4 traffic signal mod.) Contract: $193.563.00 Freeway EJectic R&ersi e moo. 92 13 45 Phoned 91` 721;:I�QO Fv_x 5 721 1 �� underground Project References Listed below are the names, address, and telephone numbers for five public agencies for which Freeway Electric has performed similar work called out for in the plans and specs within the past two years. 1) City Temple City Contact: Mr. Steve Loriso 5938 Kauffman Ave. RKA Consulting Group Temple City, CA 91780 Tel- 909.594.9702 Contract No. d Desc: CP P05'06 Sereno Sewer System Improvements Completed.- 12131106 Contract Amount:$249,500.00 2) Indio Water Authority Contact: Mr. Dennis Weaver 100 Civic Center Drive Tel.' 760.391.4140 Indio, CA 92201 Contract No. d Desc: Lateral Water Line Maintenance Completed 12131106 Contract Amount: $214,520.00 3) Watson dr Associates Contact: Mr. Jim Swartz 101 Main St., Suite A The Moote Group Seal Beach, CA 90740 Tel 714.751.5557 Contract No. d Desc: Tract 17699 Dry Utility RackBone at Campus Drive. Completed.' 12131106 Contract Amount:$191,764.00 4) World Development Contact: Mr. Gary Chronister 44-600 Village Court Tel.- 949.606.3326 Palm Desert, CA 92260 Contract No. d Desc: Tract No. 28639-1 Underground Utilities in Catherdral City Completed: 04130107 Contract Amount: $481,337.00 Phase one of two. 5) City of South Gate Contact: Mr. Art Cervantes 8650 California Ave. Tel• 323,563.5781 South Gate, CA 90280 Contract No: 3605T Underground Utility District 7 Completed 04130107 Contract Amount: $45,320.00 PTM General Engineering Services Inc:. e�' rica/Installation; Fiber Optic; Dry/Wet Utilities; Concrete & .�8��halt; Street Improvements; Project Design & Development; Public & Private Facsimile Transmittal Decem,•ber 17, 2007 To Whom It May Concern: PTM Genera/Engineering Svcs, Inc. is in the process of transit/.oningfrom Freeway Electric, owed 100°/a by.Brian Mendoza, to a corporation in the State;ofCa.i(brfii PTM:is owr?ed by a i brother and sister who ha ve close to 20 years experience in the industry. The purpose of the transition is: o:;:Obtain dbe, mbe, wbe status with the State of California=•Dept.;.of Transportation and 'other agencies (Elizabeth owns 80% and Brian owns 20%). -. b. ;'The name "PTM General Engineering Svcs, Inc. fits the scope bf oUr work more than merely "Freeway Electric"where it is often assumed we perform only electrical rp'/nstallation, Both companies do electrical, dry/wet utilities, fiber optic, minor concrete, T;"asphaIt, and project design. o There are three companies in the state of California with the name "Freeway Electric." One not related to us, has a negative credit rating and assumed to be us when applying for credit. "PTM stands for Pedro Torres Mendoza, father of both Brian and Elizabeth who planned --to eventually change the name in memory of him. PTM .- s only one contract to date on hand with Long Beach Community College as noted on the•references. For this reason, we are including the resume on Brian Mendoza with refei&wes on his quality of work, knowledge, and experience. PTM General Engineering Svc., Inc. El/z,3be'th H. Mendoza de McRae President/CFO �t Mailing Address, PO. Box 7745 Riverside, CA 92513-7745 Physical Address., 5942 Acorn St, Riverside, CA 92504 Tei No; 951.710.1000 Fax, 951,710.100612/18/200712/18/2007 City of Huntington Beach Public Works Departrnent 2000 Main Street Tel. (71 4) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Pacific Coast Hi hwa Street Lighting Modifications from 11 TH Street to Main Street CC-1266 June 26,2008 Notice To All Bidders: Please note the following clarification to the Project Plans,Specifications, and Special Provisions: 1) Section 307—Street Lighting and Traffic Signals Add the following: The price bid for "Install New Street Light Pole and Luminaries" shall include the installation of the foundation. The following revisions are made on the Street Lighting Plan,Sheet 2 of 2. 2) Install 6 #6 conductors in the conduit crossing Pacific Coast Highway at 7t' Street. Install 9 #6 conductors in the conduit from approximately STA 19+20 on the east (inland) side of Pacific Coast Highway to the electrical service cabinet. 3) The conduit on the east (inland) side of Pacific Coast Highway from STA 17+91 to 6t' Street shall be designated as"CF",conduit for future use. This is to acknowledge receipt and review of Addendum Number One dated June 26, 2008. PTM General Engineering Services, Inc. 4 Brian Mendoza, Vice President Company Name By 07/07/08 Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F.Janusz at(714)536-5431. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond BOND#N/A KNOW ALL MEN BY THESE PRESENTS, that we PTM GENERAL ENGINEERING SERVICES, INC. 5942 ACORN STREET RIVERSIDE,CA 92504 (Here insert full name,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY 500 NORTH BRAND BLVD.,STE.1120 GLENDALE,CA 91203 (Here insert full name,and address or legal title of Surety) a corporation duly organized under the laws of the State of IOWA as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92648 (Here insert full name,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of TEN AND 00/100 PERCENT of attached bid ------------------------------------------ Dollars ( $ 10 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 PACIFIC COAST HIGHWAY STREET LIGHTING MODIFICATIONS FROM 11TH ST.TO MAIN ST.; CC. NO 1266 (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 7th day of July 2008 PTM GENERAL ENGINEERING SERVICES. INC rincipal) (Seal) (Witness) 41i Title) ` V'' DEVELOPERS URE Y AND IN MNITY COMPANY ( ty) //L-� (Seal) (Witness) (Title) YUNG T. MULLIC Attorney-in-Fact AIA DOCUMENT A310 BID BOND AIA O FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.WASHINGTON,D.C. 20006 ACKNOWLEDGMENT State of California County of Orange On July 7, 2008 before me, Peter Austin Neff, Notary Public (insert name and title of the officer) personally appeared Yung T. Mullick who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 40.oqr"OAKn� PETER AUSTIN NEFF WITNESS my hand and official seal. COMM.#1799M X NOTARY P&K-CAUFORM1A X ORANGE COUNTY N pity Comm Expires BAY 27,2012 Signature (Seal) ACKNOWLEDGMENT State of California County of Riverside ) On .0 �lo�l before me, Elizabeth H.M. McRae, Notary Public (insert name and title of the officer) personally appeared Brian Mendoza who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h and o cial seal. - 1ZABETH H.M.MCRAE COMM.# 1686768 1/q� y NOTARY PUBLIC-CALIFORNIA Yl RIVERSIDE CoUNTr 4' Mr COMM.EXP.AUG.t,2010 Signature �4 (Seal) POWER OF ATTORNEY FOR DEVELOPERS StRETY AND INDEMNITY COMPANY .INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,WINE,CA 92623(949)263.33M KNOWALL MEN BY THESE PRESENTS,ghat a except as expressly limited,DEVELOPERS SURETY AND INDEMNITY,COMPANY and INDEMNITY COMPANY OF CALIFORNtA,do as*hereby make rorrslitute and appoint ***Yung T. Mullick, James W. Moilanen; Jennifer Giboney; Frances Lefler,jointly or severally*** as their true and lawfid Attaney(s)-io-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation,as wellies,bonds,undertakings and contracts of surety- ship 9Mng and granting uMo said Atfontey(s}in-Fact full power and authority to do and to perform every act new,requisite or proper to be done in connection therewith as each ruf said corporations couki do,but reserving to each of said corporations fit&power of substitution and revocation,and d of the acts of said Atorey(s}i Fact,pursuant to these presents, are hereby ratified and confirred. This Power of Attorney Is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. >. RESOLVED,that the chairman of the Board,the President and any Vice President of the corporatkm be,and that each of them hereby is,authorized to execute Powers of Morey,quafifyahg the aRomey(s)named in the Powers of Atorihel+to execute,on behalf of the corporations,bonds,undertakings and contacts of suretyship;and that the Secretary or arryAsslst3lmi Secretary of Cue corporations be,and each of there hereby is,atut red to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signaluresof such officers may be affaed M any such Power of Atomey or to any certificate Wall%thereto by facsimile,and any such Power of Attorney or rite box"such facsimile signatures shall be valid and bm&V upon the corporations when so affixed and in the future with respect to any bond,unde WrQ or contract of suretyship to which it is attached. IN WfiNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be sighed by their respective Vice President and attested by theirrespectm Assistant Secretary this January 1 st,2Wa. By Stephen T.Pate,Senior Vice President 3v— >x 5 ' O Charles L.Day,Assistant Secretary �3 tip 3 1987g a State of Cafdomia <1POL{ County of Orange On January fist,2008 before me, Christopher J,Reach,Notary Pubdic Date Hen:Insert Name and Tide of the Officer personally appeared Stephen T.Pate and Charles L.Day Names)of Signer($) who proved to me on the basis of satisfactory evidence to be the person(s)whose namc(s)istare subscribed to the within instrurn ern and acknowledged to me that heishelthey executed the same in histhedtheit aukrized capacity(es),and that by trAarldheir signatures)on the inshranent the person(s),or the entity upon behalf of s: which the person(s)acted,executed the irsbumew. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and torrent WITNESS my hand and offtfal seat. Place Notary Seal Above Sfgnakxe Ch4OWr J.Roach CERTIFICATE The undersigned,as Assent Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Poww of Attompy remains in full force and has not been revoked,and furthermore;that the provislors of Die resolutions of the respective Boards of Directors of said corporations set forth in the Power of Atort",are in force as of the date of tus Certificate. Timis Certificate is executed in the City of Irvine,Cakfomia,the 7 day of JULY 2000 BY: _� ",sii�• �. CITY OF HUNTINGTON 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK September 23, 2008 Republic Its 371 Bel Marin Keys Blvd., #200 Novato, CA 94949-5699 RE: CC-1266— Pacific Coast Highway Street Lighting Modification Enclosed please find your original bid bond for CC-1266. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure glfollowup/cashcont/return bid bond.doc (Telephone-714-536-5227) REPUBU US 31 71 BetMifin Sys,, d., 203 Novato,CA 94949 5699 2008 jUL -8 PH 2= 21 . l; Y OP &M �n 2000 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Pacific Coast Him Street Lighting Modifications from 11TH Street to Main Street i CC-1266 June 26, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) Section 307—Street Lighting and Traffic Signals Add the following: The price bid for "Install New Street Light Pole and Luminaries" shall include the installation of the foundation. The following revisions are made on the Street Lighting Plan,Sheet 2 of 2. 2) Install 6 #6 conductors in the conduit crossing Pacific Coast Highway at 71' Street. Install 9 #6 conductors in the conduit from approximately STA 19+20 on the east (inland) side of Pacific Coast Highway to the electrical service cabinet. 3) The conduit on the east (inland) side of Pacific Coast Highway from STA 17+91 to 6tt' Street shall be designated as"CV,conduit for future use. This is to acknowledge receipt and review of Addendum Number One, dated June 26, 2008. �lG175 A A.-, Comp Any Name By _ Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at(714)536-5431. SECTION C PROPOSAL for the PACIFIC COAST HIGHWAY STREET LIGHTING MODIFICATIONS from II'" STREET TO MAIN STREET CC No. 1266 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 40 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE CG1266 Street Lighting Modification-Pacific Coast Highway Items ::li iter� ExYe> Cl ... ........... _... . .... ... . . .............. ..... ....................... . . ....................... ................................................ .......................... .................................... :: ua to It i€ti>EJnitf:Isi oe Wiitten. Aumrt +�. ... ds ............. . 1 1 LS Mobilization @ Pyr. Dollars $ Sao.— djoc Cents Per LS 2 1 LS Traffic control @ I Wp-TLs..An] byte 4dwj( ITuX4 --h„Qollars $2�125,' $ V Cents Per LS 3 22 EA Replace Existing Street Light Luminaries @'Two ImAce�TweyikI- rive Dollars n(P�S Cents Per EA 4 4 EA Install New Street Light Pole and Luninaries @1 nT &Anj Mine ou"Ca Dollars Cents Per EA 5 2 EA Remove Existing Street Light Pole and fIImmiaries @©mneTlnau� iu► t���rcc� Dollars �� Cents 3� Per EA 6 1 LS histall Conduit,Pull-Boxes,Type III Service and Conductors in New and Existing Conduit @ F,!)sAiT6nQSM1AA Dollars $ s✓t'" $Liar Cents Per LS 7 1 LS Caltrans Fncroact rrient Permit 11 @ uQ ►ousark�Cie l�lk � cCc! Dollars $y 00•' $sm- Cents Per LS Total Amount Bid in Figures: $ $ , ---------- Total Amount Bid in Words:-__X % se\ _ e\lesn_� Note:the City will provide poles,luninamies,and electrical service cabinet as indicated on the plans 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 714.536.5530. C-2 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option,be considered null and void. ' d `� Accompanying this proposal of bid, find b b6 in the amount of$ I O o o� bl 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 r C-3 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Pacific Coast Hi hwa Street Li,, hq ting Modifications from 11 TH Street to Main Street CC-1266 June 26, 2008 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) Section 307—Street Lighting and Traffic Signals Add the following: The price bid for "Install New Street Light Pole and Luminaries" shall include the installation of the foundation. The following revisions are made on the Street Lighting Plan, Sheet 2 of 2. 2) Install 6 #6 conductors in the conduit crossing Pacific Coast Highway at 7t' Street. Install 9 #6 conductors in the conduit from approximately STA 19+20 on the east (inland) side of Pacific Coast Highway to the electrical service cabinet. 3) The conduit on the east (inland) side of Pacific Coast Highway from STA 17+91 to 6t' Street shall be designated as"CF",conduit for future use. This is to acknowledge receipt and review of Addendum Number One, dat June 26, 2008. Co any Name By u1q r-/ Date All bidders must acknowledge the receipt of this Addendum with your bid proposal. Should you have any questions regarding this Addendum, please call William F. Janusz at(714) 536-5431. LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Fork Number 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 //^ 1— ' , being first duly sworn, deposes and says that he or she is Lec/ , /r-eaSur��' of�P„pU blt /7'S the party making the foregoing bid &at the bid is not made in thinterest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder - h(��/ Signature f i de 3� r�n q`f c� 49 Address of Bidder Subscribed and sworn to before me this day of & , 20 0� MEGAN KELLY 8 Commission # 17171459 .�y Notary Public -CaHtornlo Morin County Corm es:lan5.2011 NOTARY PUBLIC NOTARY SEAL C-s UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNI'INGI'ON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Pacific Coast Highway Street Lighting Modifications, (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. ubu G L i S Contractor A&Vav�l By Title Date: 7i�6 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 YNO 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. &0i'd f G I Contra for VV VV By Q Te�SLk Tit e Date: ZS C-8 UNDERGROUND SERVICE ALERT IDEN'TIFICA'TION 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 Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 • BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Y Iae,�, Tr �+�.fi�►� vic�s�Inc Bidder Name Dg& ��-v�,�'� tTS Business Address NOVA-b City, State Zip g9'4 . a000 Telephone Number (04it5q, A, clo, C-31 ,C&I /Da; I State Contractor's License No. and Class Original Date Issued (P 13o 1 zol 0 Expiration Date The work site was inspected by We"nolit lavegof our office on ✓> log , 20QY The following are persons, firms, and corporations having a principal interest in this proposal: d C-10 T he 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. Il U,k)�lG ITS Company Name Signature of Bidder Printed or Typeil Signature �k Moog Subscribed and sworn to before me this�day of , MEGAN KELLY Commission # 1714398 -m Notary Public -Coiifornia Morin County Comm. es Jan 5,2011 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. �� ?mil Se Udt,Q CA ,�7-3 Name an ddress of Public Agency Name and Telephone No. of Project Manager:'Jrohn C o f Um Are a/-,5* 4311/IV— 7MMC Sr o 0 naI /k -anneU` :7-' Contract Amount Type of Work Date Completed 2. c.f T ,Ov 6 w(,&Arew- ,llwkeo Cif- �1210�.3 Name and Address of Public Agency 1 Name and Telephone No. of Project Manager:lAdwl,q��t,{,gl zA Ggllg)���00l/ te r, T Contract Amount Type of ork Date Completed 3. C6W41oT CoS YDO glre&n6-nf 4-r2,414aOL61zt, C4 91,?,03 Name and Address of Public Agency / / 1 Name and Telephone No. of Project Manager: 06YIA' Gt "11-e, G� J Azr'67LI 7 Contract Amount Type of Work Date Completed C-11 i� Republic IT'S Intelligent Transportation Services Republic Intelligent Transportation Services, Inc. is a California Corporation. The corporate officers of Republic ITS are: Name: Wade L. White Title: President Name: Jeffrey L. Asch Title: VP, Secretary, Treasurer Name: Dennis L. Walther Title: VP Field Operations Name: James A. Wagner Title: VP Engineering All those listed above are also owners of the named corporation. The contact information for all officers listed above is: Address: 371 Bel Marin Keys Boulevard, #200, Novato, CA 94949 Phone: 415-884-3000 Fax: 415-884-4800 415.884.3000 Fax 415.884.4800 371 Bel Marin Keys Blvd, Suite 200 Novato, CA 94949 BOSTON • DALLAS • Los ANGELES • SACRAMENTO • SAN DIEGO • SAN FRANCISCO CHUBB GROUP OF INSURANCE COMPANIES Surety Department, 15 Mountain View Road, P.O. Box 1615,Warren,NJ 07061-1615 401HUM Phone: 908-903-3497 Facsimile: 908-903-3656 Bond No. n/a FEDERAL INSURANCE COMPANY BID BOND Amount --- Know All Men By These Presents, That we, Republic Intelligent Transportation Services, Inc. (hereinafter called the Principal), as Principal,and the FEDERAL INSURANCE COMPANY Warren, New Jersey,a corporation duly organized under the laws of the State of Indiana (hereinafter called the Surety),as Surety,are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee),in the amount of ten percent (10%) of the amount bid -- ( --------- ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors,administrators, successors and assigns,jointly and severally,firmly by these presents. Sealed with our seals and dated this 7/8/08 WHEREAS,the Principal has submitted a bid,dated 7/8/0 8 for: Pacific Coast Highway Street Lighting Modification, CC No. 1266 in the City of Huntington Beach NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which the Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. Republic Int ligent Transportation Services, Inc. By: V�I �Tea.St�cr�r FEDERAL INSU E / MPANY By: � �: G .. � �. .._.. Attomey In Fact Ke ly Holtemann Form 15-02-0002(Rev. 11-99) ACKNOWLEDGMENT State of California County of Marin On _gJ�$ before me,_ _ J. DeLucaLNotary Public (insert name and title of the officer) personally appeared Kelly Holtemann who proved to me on the basis of satisfactory evidence to be the person(&) whose name(sa is/afe subscribed to the within instrument and acknowledged to me that le/she/"executed the same in *s/her/#w*authorized capacity(4ea� and that by 19fis/her/ttek signature(s� on the instrument the person(, or the entity upon behalf of which the person(.&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. `" J. DE LUCA w t t3LIC-CALIFORNIA ,a te S IIKD 4A COUNTY E_xairez Oct.24,2008 Signature_ JUChubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation,and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Nerissa S. Bartolome Lawrence J. Coyne Joan DeLuca, Roger C. Dickinson, Rosemarie Guanill, Nancy L. Hamilton,Kelly Holtemann,Thomas E.Hughes Stanley D.Loar,Marls M. Munekawa,Jeffrey W. Parkhurst,Yvonne Roncagliolo and Charles R.Shoemaker of San Vrancisco,California each as their true and lawful Attorney-in-Fad to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering fhe same,and consents to the modification or alteration of any Instrument referred to in said bonds or obligations. In witness whereof,said FEDERAL.INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 12th day of March,2008. Kenneth C.Wendel.Ass--tent Secretary Norris,Jr.,Vice P nt STATE OF NEW JERSEY as. County of Somerset On this 12th day of March,2008 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney, and the said Kenneth C.Wendel, being by me duly swum,did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By Laws of said Companies;and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority,and that he is acquainted with David S.Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David B.Norris,Jr.,subscribed to said Power of Attorney is in the genuine handwriting of David B.Norris,Jr.,and was thereto subscribed by authority of said By- laws and In deponenfs presence. Notarial Seal y� EN B. VWM'1 B.WIADT III NOTA n y Notary Public,Slate of New.brsay No.2321097 y PUBLIC Commission Expires Od.25,2009 Notary Public CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,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 Assistant Secretaries or Attorneys-in-Fad 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 upon the Company with respect to any bond or undertaking to which it is attached' 1,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the'Companies')do hereby certify that (1) the foregoing extract of the By taws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Warren.NJ this July 8 th, 2008 e Kenneth C.Wendel,Assi tant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656 e-mail: surety0chubb.com Form 15-1 D-0225B-U (Ed.5-03) CONSENT