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HomeMy WebLinkAboutCalifornia Professional Engineering - 2008-06-16_ .. ,.�-'i.�.r 4n17'. �...� �. "�' �...r=-lam__ ,J �.;_,r-�-.--.<.�,,....�-.. •.e RECEIVED BY: CITY CLERK RECEIPT COPY /� .; t '.: - Return DUPLICATE to City Clerk's Office (Name) ) after signing/dating f� log (Date) J , CITY OF HUNTINGTON REACH . INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer r FROM: ,17-Z14 rz-c)w,v DATE: SUBJECT: Bond Acceptance I 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 pp (Council Approval Date) Agenda Item No. City Clerk Vault No. #27 g:/followup/bondletter.doc Loi 1 111111111 HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: David Verone, Contract Administrat a-`� DATE: December 8, 2008 SUBJECT: Retention Release Payment Company Name: California Professional Engineering, Inc. Address: 9316 Mabel Avenue City, State and Zip Code: south El Monte, CA 91733 Phone Number: (626) 452-8658 Business License Number: A265898 Local Address: N1A Notice of Completion Date:12/3/2008 Contract Purpose: Retention Release for Cash Contract 1329, In -Road Way Warning Lights The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subeect at this time. Date Travis K. H ns, Director Public Works I certify that there are no outstanding invoices on file. IZ-j1-0 ( Date enrich, City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. A ate J66h lynn, lerk 1329 retention release memo Aoc 12/8/2008 4:03:00 PM Certification of Compliance with Prevailing Wage flaws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: cc — k?� Project: NAw1 o 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 2` day of 0 CA-6 , 20 v�S, at California. California Professional (Type Contractor Name) Nam: [Type Name Of) � Title: - [Type TIitlej AS To CTi'Y ATTORNEY l� _TUS US arb tsto 1 247542.1 Certification of Compliance with 'Title VII of the Civil flights 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: G `� Project: C �r 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 - a� day of 6 C- / , 20_; at l J ( ,California. California Professional Engineering (Type Contractor Name) By: \,{ C _--- Name: [Type Name Title: [Type Title] E IF R A cRNEX 1 245911.1 CONTRACTOR'S CERTIFICATE I, Van Nguyen , state and certify that: (Name of Declarant) 1 California Professional Engineering is the general contractor to the City of Huntington Beach ("City") on Contract No. CC - G*2— j (the "Contract") for the construction of the public work of improvement entitled: 1'(�- PCtAc�lyJQ-� vovw` .1 C1�i (Sits (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at C-71 % 'VA �e_._ on this 2-°` day of 6. C- ��� ��y , 20 0� (Signature of Declarant) APPROVED AS TO FORM - sf Name: [Type Name] Title: [Type Title] 245914 1 RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer r_ FROM: DATE: SUBJECT: Bond Acceptance 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.% 7 Re: Tract No. CC No. MSC No. Approved Agenda Item No. (Cou cil Approval Date) City Clerk Vault No. #27 g:/followup/bondletter.doc WARRANTY BOND Bond # 2064794 KNOW ALL MEN BY THESE PRESENTS: THAT, CALIFORNIA PROFESSIONAL ENGINEERING, INC., as Principal and NORTH AMERICAN SPECIALTY INSURANCE COMPANY a Corporation duly, authorized to transact general surety business in the State of California as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH the sum of 100% of the final contract price, lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, fimly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT: WHEREAS, the Principal entered into a written contract for IN -ROAD WARNING LIGHTS, CASH CONTRACT 1329 and; WHEREAS, the said Principal is required to post a bond to protect the said Obligee against the result of faulty material or workmanship for a period of one year from and after the date of acceptance of said work; NOW, THEREFORE, if the said Principal shall for a period of one year from and after the date of acceptance of said work, replace any and all defects arising from said work; whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise, to remain in full force and effect. The Surety reserves the right to cancel this bond at any time with thirty (30) days notice to the Obligee, the Surety remaining liable, however, subject to all the terms, conditions and provisions of this bond, for any act or acts covered by this bond which may have been committed by the Principal up to the date of such cancellation. SIGNED, SEALED AND DATED this 22nd day of August, 2008. CALIFORNIA PROFESSIONAL ENGINEERING, INC. APPRC7',IFD AS TO FORM jE TFE:R 'tcG QtyAttomey $ �essa110� Assistant City AWIM ALL-PURPOSE ACKNOWLEDGMENT State of California County SS. Coun of 5 � -� �5 On 'Z?Ozr'�, before me, DATE personally appeared ��ys Q�1 q u,� 1>^ , 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. TRACY SOOC .� CoMM. # 1804694 N N0 LOS ANfiEAR `lES WNONNU Mr CONK. EXP. JUNE 28, 2012 PLACE NOTARY SEAL IN ABOVE SPACE 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. No Y'S SIGNATURE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ IVIDUAL CORPORATE OFFICER ❑ PARTNER(S) TITLE(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER ACKNOWLEDGMENT State of California County of ORANGE On AUGUST 22, 2008 before me, JENNIFER C. GIBONEY, NOTARY PUBLIC (insert name and title of the officer) personally appeared YUNG T. MULLICK who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hWher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand Signature _ /X/ Z % (Seal) JAI JENNIFER C, CISONEY COIWM. 9 1179704 70 M. NOTARY PLOL"AUFORNIA M ORANGE COUNTY N MY CM, "I"MAY� 2411 � NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: 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 24a' 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 Comparry 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." �giltttl1171NU' q aur...4(".," ts�flbl%t( f''+ yr . g2 cs F.,�. �_By 1� Pam, `a ORATE _"! SEAL : t7 Z W 1973 n ^ Steven P. Anderson, President & Chief Executive Officer of Wastdngton International Irma- Company & ce VsPresident of North American Specialty Insurance Company j C S 1: A f �W h�f7i„Nnuitt4t��pt_ 'n„a,«yr By ,. �•`��` David M. Laymaa, Vice President of Washington IntematimialInsurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this Ist day of May 12008 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss On this l st day of May 1 20 08 before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington Intemational 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. •IDFI:"ICIAL SEAL" SUS ANSEL I' Wry f'ulafic, 5tatefif 404's Susan Ansel, Notary Public IwCy Carxr�ission, Expires ;ICJ I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and `�Vas'nington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey 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 Z_ day of AUGUST , 20 o8 JamesA C aipenter, Vice Pmndent&A &ant Seaetary of Wash mgtm Inteiiatimal Insurance Ccmpmy& North American Specialty Insurance Company RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY, Return DUPLICATE toy' City Clerk's Office - after signing/dating ICITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance 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. L%� f Re: Tract No. CC No. 1 MSC No. ,�,r A roved 6/((�, , Agenda Item No. pp !'/ /9 (Council Approval Date) F City Clerk Vault No. #27 g1followup/bondletter.doc PLEASE COMPLETE THIS INFORMATION This Document was electronically recorded by ER Cert Mail A RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Robert A. Martinez P.O. Box 190 — 2000 Main Street Huntington Beach, CA 92648 TITLE OF DOCUMENT: Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder Illlllllllllllllllll 111111111I11111111ll 11 l l NO FEE 2008000556989 11:01 am 12/03/08 213 33 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SP 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 California Professional Engineering, Inc. who was the company thereon for doing the following work to -wit: IN -ROAD WARNING LIGHTS; CC# 1329 That said work was completed November 7, 2008 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on November 7, 2008, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract North American Specialty Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this November 20, 2008. Director of ublic Works or City Engineer City of Hq6tington 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 November 20, 2008. Dif ctor of ublic Works or City Engineer fty of Hugfington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 00.059•TITLE PAGE fR7/95) • .�.��rv,y +.2 -1 C,,".i43vt' r-..n. y 1, _ J .:v 'ith.n.�.sti„_ ..+"l..:....., -r., l4-l�ii, Nt �.�1%"'"� RECEIVED �BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name)-f after signing/dating (�o I©z (Date) } CITY OF HUNTINGTON BEACH B INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer P,,, FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. , 1 MSC No. yr� Approved (Council Approval Date) 01W14 f;IeZof= (Company Name) -7-9e77/- i Agenda Item No City Clerk Vault No #27 g1followuplbondletter.doc CITY FUNDED CONSTRUCTION CONTRACT BETWEEN ` THE CITY OFr�HUNTINGTON BEACH AND FOR I -A - 9ft4 J W4 y I ACAn na, L S 43 4f 949�14 rd sf TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK, PLANS 2 3. COMPENSATION 4 4. COMMENCEMENT OF PROJECT 4 5. TIME OF THE ESSENCE 4 6. CHANGES 5 7. NOTICE TO PROCEED 6 8. BONDS 6 9. WARRANTIES 6 10. INDEPENDENT CONTRACTOR 7 11. LIQUIDATED DAMAGES/DELAYS 7 12. DIFFERING SITE CONDITIONS 9 13. VARIATIONS IN ESTIMATED QUANTITIES 10 14. PROGRESS PAYMENTS 10 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 11 17. WAIVER OF CLAIMS 12 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 19. WORKERS' COMPENSATION INSURANCE 13 20. INSURANCE 13 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 22. NOTICE OF THIRD PARTY CLAIM 15 23. DEFAULT & TERMINATION 15 24, TERMINATION FOR CONVENIENCE 16 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 26. NON -ASSIGNABILITY 16 27. CITY EMPLOYEES AND OFFICIALS 16 28. STOP NOTICES 17 29. NOTICES 17 30. SECTION HEADINGS 18 31. IMMIGRATION 18 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 33. ATTORNEY'S FEES 18 34 INTERPRETATION OF THIS AGREEMENT 19 35. GOVERNING LAW 19 36. DUPLICATE ORIGINAL 19 37. CONSENT 20 38, SURVIVAL 20 39. MODIFICATION 20 40. SIGNATORIES 20 41. ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND C1 (J.RN tq c nQlnee( l! 5 FOR 1n - RoAclwr)( �►.lt�rn �ng pia �4's A 1�1os�►�c� s+ �d Y5I% 5'fane fir. 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 C I fgam ("IpA'jyS Ior\Q( f Q2i►1ee%of California Cc>2�i'aT� o� -,hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Zn- ►26A .1 t,S am Ong L(IP4s (�fi i�MS6,e� Sf• e.n.l 'IEI w 4-v\,e Ebr 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: I. 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 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 Fo4r+y T6,. TkoksR-nj Dollars ($ Lt 2 052.gF , 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 (4D consecutive WmR -.1nt— d--A-Y-S- from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. g/agree/surfnet/cityconst 12-07 4 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the g/agree/surfnet/cityconst 12-07 5 changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. g/agree/surfneUcityconst 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 �tUe k,&Aj 'ec� Dollars ($ Ey 0 0 0 ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting g/agree/surfnet/cityconst 12-07 8 from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as g/agree/surfnet/cityconst 12-07 9 a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. g/agree/surfnet/cityconst 12-07 10 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the g/agreeisurfnet/cityconst 12-07 11 substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone g/agree/surfnet/cityconst 12-07 12 directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. g/agree/surfnet/cityconst 12-07 13 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE• ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney g/agree/surfnet/cityconst 12-07 14 evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. g/agree/surfnet/cityconst 12-07 15 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, g/agree/surfnet/cityconst 12707 16 and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of g/agree/surfnet/cityconst 12-07 17 One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: DAy ►JyE4-0nc 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO • •' Moda Proteselonal bfteering UJI6 Mabel -t El Monte, CA N733 The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, g/agree/surfnet/cityconst 12-07 18 define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent g/agree/suiinet/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. GOVERNINGLAW 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/cityeonst 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 parry'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 CONTRACTOR WO PrOfessionM Engineering �N0eha alga South El Monte, CA 91733 Iq haul- print m ITS: (circle one) Chaim AND By: ice President print name I Secrry ary/Chief Financial Officer/Asst. g/agree/surfnet/cityconst 12-07 22 INITIATED AND APPROVED: VDirector of P lic Works � �,1 REVIEWED A AP ROVED: ,. f= Ci VAd i trator APPRO AS TO FORM: GCity Attorney / SECTION C 'Exf-o6/T A for the In -Roadway Warning Lights at Bushard St. and Yellowstone Dr. CC No. 1329 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/1 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 Esin.. aterl .... ::::::::.. ... . ..­. . :::::........ ::::::::::::::::::::....:::::::: :::::::::::::::::::: :::::::::::::::::: ::::: ::::::::::::::::: .. . t[i.. o t: .. .uantc y ... .. . . ........ ....... ..... ......... : . , 7 ..Item..With.Ititi..P ise:Wrifteri.m: wards....:: :.................... VPit: Pr. ce <:` . ;. E:ttegded Ainount In -Roadway Warning Lights-Bushard CC-1329 Street at Yellowstone Drive 1 1 LS Mobilization / $ (� f�� $ i Per LS 2 1 LS Traffic Control @ Per LS 3 1 LS Signing � ,d Striping a $ , � $ ( p Per LS 4 1 LS Install In -Roadway Warning Lights-Bushard Street and Yello stone Drive / Per LS 5 4 EA Construct curb ramp, including adjacent gutter plate per Calrans Std. Plan A88A, Case C, including AC pavement replacement per detail tip.. $ 9) 2ll $ ' (� 0() Per EA 6 168 Sq. Ft. Construct Sidewalk per City StaapndJantrdj/ Plan 207. Per Sq. Ft. 7 1 EA Remove Tree ap(d Grind 24" Below Surface @ ���`�Q $ Per EA Total Amount Bid in Words: � `411tC, k Total /71 Note: The City will provide the po er control unit and service cabinet, all signal poles, In -Roadway Warning Lights, luminairies, vehicle heads, and fittin s at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advace for pick up at (714) 375-5015. t , w : v3. C-2.1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find M �,4 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 Bidder's Signature C-2 LIST OF SUBCONTRACTORS ORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds, furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange c"" 1 4'."J, being first duly sworn, deposes and says that he or she is of „�. D� � -'� , the party making the g foreoing bid that the bid is not made in th restof, r 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. Callfornla Professional Engineering Name of Bidder Signature of Bidder 9316 Mabel Avg South El Monte, GA 91733 Address of Bidder Subscribed and sworn to before me this ! P— day of MA-`r , 200 Z. NOTARY PUBLIC *' JOHNNY KHUU a COMM. # 1494426 • NOTARY PUBLIC-CAUFORN41 C) 2 LOS ANGELES COUNTY A COMM. EXP, JULY 8, 2008 - �1 NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the In -Roadway Warning Lights at Bushard St. and Yellowstone Dr. (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date California Professional Contractor Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes f/ No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 0� California Professional Engineering Contractor By Q)C�l � Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government, Code. requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: California Professional Engineering Contractor By \ \A Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 F f �4'R pity j 11 Y � �, I�` •. 1 J^ BIDDER certifies that the following information is true and correct: California Professional Engineering Bidder Name 9396 Mabel Am Business Address South 8 Monte, CA 99 City, c�N2lP > 2—'� �'l)� Telephone Number -1 q0 -1 State Contractor's License No. and Class 'POIZ41 2.0 00 Original Date I �-�o Expiration Date State Zip The work site was inspected by of our office on 1 , 20 The following are persons, firms, and corporations having a principal interest in this proposal: C) � ' C-9 Thy undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. California Professional Engineering Company Name Signature olf Bidder Printed or Typed Signature Subscribed and sworn to before me this i2 day of M A!-( , 200--Z. NOTARY PUBLIC JOHNNY KHUU ci COMM. # 1494426 (� as NOTARY PUBLIC-CALIFOPUNIA LOS ANGELES COUNTY COMM. EXP. JULY 8, 2008 ; NOTARY SEAL Listed below are the names, address Add telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and /1 3. f Public Agency Name and Telephone No. of Project Manager: Qezn 1 Contract Amount TQe of Work Da e Completed Name and 'Q ti " L ss'of Pu lic Agency Name and Telephone No. of Project Manager: Ar Contract Amount (), C c�t"6 Name and' Address of Public Agency Type � Work Name and Telephone No. of Project Manager: YY�I c Contract Amount Tvnd. of W C-10 tte Completed Completed AIA Document A390 Bid Bon BOND # NIA KNOW ALL MIEN BY THESE PRESENTS, that we CALIFORNIA PROFESSIONAL ENGINEERING, INC. dba California Professional Electrical 9316 MABEL AVE. Engineering S. EL MONTE, CA 91733 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY 701 SOUTH PARKER STREET SUITE 3800 ORANGE, CA 92868 (Here insert full name ,and address or legal title of Surety) a corporation duly organized under the laws of the State of NEW HAMPSHIRE as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 (Here insert full name ,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of TEN AND 00/100 PERCENT ------------------------------------------ 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 IN -ROADWAY WARNING LIGHTS AT THE INTERSECTIONS OF BUSHARD STREET AND YELLOWSTONE DRIVE CC NO.: 1329 (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 5th day of May 2008 (Witness) (Witness) YUNG T. (Title) Professional (Seal) Elect icul (Seat) AIA DOCUMENT A310 BID BOND AIA 0 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 May 5, 2008 before me, Lola Dickin3Gn, Notary Public Date Here Insert Name and Title of the Officer personally appeared Yung T. nallick Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Low DICKINSON Commission # 1785734 1 certify under PENALTY OF PERJURY under the laws Notary Nubllc - California of the State of California that the foregoing paragraph is Orange County true and correct. Comm Dsc23,2011 WITNES d and ffici se ature Sign Place Notary Seal Above p Signature of Notary OPTIO/tlAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above. Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: IG H ;THUMBPRIN7, R l_GIT HIGNER `';,__I .p of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): , ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: __ _ Signer Is Representing: RIGHTTHUMBPRINTI `;bF,SIGNERL :. Top of thumb here 02007 National Notary Association- 9350 De Soto Ave_, PO. Box 2402 -Chatsworth, CA 91313-2402- www.NabonaiNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: 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 24a' 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." ``\ QAti 11fp IRUiUyr "eloya ti : G SEAL By : n = Steven P. Ande on, President & Chief E.xecntive Officer of washiugton International Insurance Company & Yr C uMZ Z 1 73 : Vice President of North American "cisaty Insurance Company . JfZz By David Af. Layman, Vice President of W ashingtw Intematimalromrance Company & Vice President of North American Specialty Insrirance Campeasy 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 Ist day of May , 2008 - 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. IOIFFICIAL SEAL" / SWSANA MEL y=I VAI Rate, Stmeof tfirais Susan Ansel, Notary Public C-wgniss Exirf-;HM 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 _r _ day of MAY 20_Dg_. ]amen A Carpenter, -,Tire President & AssistarA Secretaryof Washmgtm 7nte timal Insurance Company & i'orth Ammcmr Specialty Insurance Canpany City ®f Huntington each 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK August 14, 2008 California Professional Engineering 9316 Mabel Avenue South El Monte, CA 91733 To Whom It May Concern: Re: In -Roadway Warning Lights at Bushard St. & Yellowstone Dr. — CC-1329 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 proiect is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5437. JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) doc Sister Cif °s�?° �iJ , a�ana��l`�'/"ai Core New Zealand ( Telephone: 714-536-5227 ) Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit 'requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 20`, at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] ,A$ `� �R 7qY4 CITY ATTORNEY TLS o3• � • tsiv 247542.1 Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20_, at , California. (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] E , IF R ORNEX 3 _2�6" UP 245911 1 CONTRACTOR'S CERTIFICATE I, , state and certify that: (Name of Declarant) 1. is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. S. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of 120. (Signature of Declarant) APPROVED AS TO FORM By: Name: [Type Name] Title: [Type Title] 1 245914.1 RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: -11rw a DATE: V13 lod" SUBJECT: Bond Acceptance I have received the bonds for Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. .� MSC No. Approved/,Axt (Council Ap roval Date) Agenda Item No City Clerk Vault No #27 g1followup/bondletter.doc BOND NO.: 2064794 BOND PREMIUM IS SUBJECT TO CHANGE BASED ON FINAL CONTRACT PRICE BOND PREMIUM iS $1,051.00 Bond No. 2064794 I g- 2,1413 KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, City of Huntington Beach (hereinafter referred to as "City") has, by written agreement dated JUNE 20 20 08 , entered into a contract with -CALIFORNIA PROFESSIONAL ENGINEERING, INC. DBA CALIFORNIA PROFESSIONAL ELECTRICAL ENGINEERING 9316 MABEL AVE., SOUTH EL MONTE CA 91733 (name and address of Contractor) (hereinafter referred to as "Principal"), for performance of the work described as follows: IN -ROAD WARNING LIGHTS AT THE INTERSECTIONS OF BUSHARD STREET AND YELLOWSTONtE DRjVF• Cc NQ 1329 (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively "Contract'), are incorporated herein by this reference made a part hereof as though set forth herein in full. WHEREAS, said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract NOW THEREFORE, we, the undersigned, as Principal, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY 701 S. PARKER ST., STE. 3800 ORANGE CA 92868 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of FORTY-TWO THOUSAND FIFTY-TWO AND 0/100 Dollars ($� 7 052 nn 1, 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 bythe 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 bevoid; 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 2775911.t PERFORMANCE BOND Page 1 of 2 Bond No. 2064794 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 confinnation of such adjustments -in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duty 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: JUNE 20, 2008 ATTEST CALIFORNIA PROFESSIONAL ENGINEERING, INC. DBA CALIFORNIA PROFESSIONAL ELECTRICAL ENGINEERING (Corporate Seal) (Principal Name) By: Name: Tile: ATTEST . NORTH AMERICAN SPECIALTY INSURANCE COMPANY (Corporate Seal) (Attach Attomey-in-Fact Certificate) (Surety Name) By: Na : VI IIdf-- T Mill 1 _ MF=V_IN_FACT (Signature ttomey-in-Fact for Surety) 9{ 49) 461-7000 (Area Code & Telephone Number of Surety) APPROVED AS TO FORM: CITY 0 UNTINGTON BEACH By- ennifer Mc ath 'A S jb6 ity Attorney Note: 7his bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signingas attomey-in-fact must be attached. 277591.E PERFORMANCE BOND Page 2 of 2 ACKNOWLEDGMENT State of California County of Orange ) On June 20, 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. WITNESS my hand and official seal. PETERAUSTIAI P89 ORANGE COUNTY My Corms E*m KAY 27, 2012 Signature (Seal) BOND NO.: 2064794 BOND PREMIUM IS INCLUDED IN PERFORMANCE BOND Bond No. 2064794 P"MENT BOND !( A,� I i; z' �_T►' it s�.i.lrr';i�►1��1 KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS, the City of Huntington Beach (hereinafter referred to as "City") has awarded to CALIFORNIA PROFESSIONAL ENGINEERING INC. DBA CALIFORNIA PROFESSIONAL ELECTRICAL ENGINEERING 9316 MABEL AVE. SOUTH EL MONTE CA 91733 {name and address of Contractor) (hereinafter referred to as "Principal'), a contract ("Contracr) for the work described as follows: —IN-ROAD WARNING LIGHTS AT THE INTERSECTIONS OF BUSHARD STREET AND YELLOWSTONE DRIVE.; CC NO. 1329 (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 NORTH AMERICAN SPECIALTY INSURANCE COMPANY 701 S. PARKER ST., STE. 3800, ORANGE, CA 92868 (name and address of Surety) (a duly admitted surety insurer under the laws of the State of California and hereinafter referred to as "Surety"), as Surety, are held and firmly bound unto City in the penal sum of FORTY-TWO THOUSAND FIFTY-TWO AND 01100 dollars, ($ 42,052.00 ), 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 Amerioa, for the payment of which surd, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment insurance Cade 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 Catifomia 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, 277599-1 - PAYMENT BOND Page 1 of 2 Bond No. 2064794 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 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: JUNE 20 ATTEST CALIFORNIA PROFESSIONAL ENGINEERING INC. (Corporate Seal) DBA CALIFORNIA PROFESSIONAL, ELECTRICAL ENGINEERING (Principal Name) ATTEST (Corporate Seal) By: Name: Its: NORTH AMERICAN SPECIALTY INSURANCE COMPANY (Surety Name) By: Zv Name: Y N J (Signature of y-in-Fact for Surety) 949 �61-7000 (Attach Attorney4n-Fact Certificate) (Ar ode &Telephone Number of Surety) APPROVED AS TO FORM: CITY OF HUNTINGTON BEACH BY,(Pnn - I t - ifer M rath Attorney Note_ This bond must be executed in duplicate and dated, an signatures must be notarized, and evidence of the authority of any person signing as attomey-in-fact must be attached. 277589.1 PAYMENT BOND Page 2 of 2 ACKNOWLEDGMENT State of California County of Orange ) On June 20, . Zoos 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 5 °FTA6 PETERZ;TlN NEFF" WITNESS my hand and official seal. °; COMM. 91799389 x NOTARY RDX CAJJFORNIA � " ORANGE COUNTY CO my Cohn a0m BAY 27, 2012 Signature (Seal) NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington 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: JENNIFER C. 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 24ei 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." ``oNWIIHNrfhi/r' y G�r:G F'•� B _�_.......� t i973 Steven P. Anderson, President & Chief Executive Officer of Washingtoa International Insurance Company & tfptt = yaf ;Z ry: Q 1 Vice President of North American Specialty Insurance CompanyBy David M. Layman, Vice President of washingt® IntematianalInsurance Company & Vice President of North American Specialty Insurance Ccaryany IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this I st day of May 12008 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss. On this 1 sit day of _ May 1 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" / L2Lg�—Qi SUSMI ANSEL /aL C Lzr L Nwry plat , sme of 3tims SusanAnsel, Notary Public sky Garl�r$sion Expires ; irxr2{IIk3 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 20 day of JUNE 20 08 . James A. Capenter, Vice President & Assistant Secretary of Washingtcri Intematicnal L-rvrance Company & North American Specialty Insurance Company INSURANCE D INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. Requested by: David Verone 2. Date: July 25, 2008 3. Name of contractor/permittee: California Professional Engineering 4. Description of work to be performed: In -road warning lights 5. Value and length of contract: $42,052.00 6. Waiver/modification request: $5K deductible 7. Reason for request and why it should be granted: We can retain more in retention than 8. Identify the risks to the City in approving this waiver/modification: Claims under $5K De a ent Heaa Signature 7/25/2008 Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to.be granted. Approval frpm the City Administrator's Office is only required if Risk Management and he City Attorne 's ffice disagree. 1. Ri k Management r Approved ElDenied 7/ q D� Signature bate 2. City Attorney's Office ,pproved ❑ Deni • 3U' U Signature U Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services 3 insurance waiver form.doc 7/25/2008 5:00:00 PM AC®R®,M CERTIFICATE OF LIABILITY INSURANCE T7,620/2008 PRODUCER 714-779-6999 MCRAE & ASSOCIATES PATRICK MCRAE INSURANCE SVCS. 1290 N. HANCOCK ST., SUITE 210 ANAHEIM, CA 92807 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED CALIFORNIA PROFESSIONAL ENGINEERING, INC. 9316 MABEL AVE SOUTH EL MONTE, CA 91733 INSURERA: AXIS SURPLUS INSURANCE COMPANY 26_620 INSURERS: RSUI INDEMNITY CO. _ 22314 I INSURERC: MID-CENTURY INSURANCE COMPANY 21_687 INSURERD: GRANITE STATE INSURANCE COMPANY 23809 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADD' LTR P OF N POLICY NUMBER POLICYEFFECTIVE POLICYEXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR ELP73766308 02/26/2008 02/26/2009 pREM SES Eaoccurence) $ 50,0_0_0_ MED EXP(Anyone person) _ $ DEDU $5,000 OCCURRENCE $5,000 CCU PERSO NAL R ADV I NJ U RY _. _ $ 1,000,000 J _ GENERAL AGGREGATE_ $ 2,000;000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY FXI jRO,ECT LOC PRODUCTS,COMP/OP AGG $ _ 2,000000 C AUTOMOBILE LIABILITY ANY AUTO 09422-20-68 04/10/2007 04/10/2008 COMBINED c den)INGLELIMIT (Eaccident) $ 1,000,0Q0- BODILY INJURY (Perperson) $ }-- X ALL OWNED AUTOS SCHEDULEDAUTOS jX X X X I HIREDAUTOS NON>OWNED AUTOS UNINSURED COMPREHENSIVE DED.: $500 COLLISION DED.: $500 AT ED .AS -FORM� -- BODILY INJURY (Per accident) -- __ -- $ - PROPERTY DAMAGE (Per accident) - - -- $ MEDICAL PAYMENTS GARAGE LIABILITY L ANY AUTO _ �QTi®�:• pl� AUTO ONLY, EA ACCIDENT $ EAACC I AOUTOONLYN _ $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 1_0,000,000 B XJ OCCUR l CLAIMS MADE L NHA220863 02/26/2008 02/2 6/2009 AGGREGATE _ 000 $ _.10,000__ -- PRODUCTS, COMP /OPS $ 10,000,000 $ DEDUCTIBLE RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYE RS'LIAB ILI TY ANY PROP RI ETOR/PART N E R/EXEC UTIVE WC1878300 .03/13/2008 03/13/2009 X WC STATU, OTH, — TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE, EA EMPLOYEE _1,000,000_ $ 1,000000_ '---- OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE, POLICY LIMIT -- $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS THE CITY, ITS AGENTS, OFFICERS, EMPLOYEES AND VOLUNTEERS "SERVANTS" ARE INCLUDED AS ADDITIONAL INSURED PER ENCLOSED ADDITIONAL INSURED W/ PRIMARY WORDING, FORMS CIS 20 10 0704 & CG 20 37 0704; WAIVER OF SUBRO. FORM: SI 127; PER PROJECT AGG. FORM: SI 106. DESCRIPTION: CONTRACT NO. 1329 / IN ROAD WARNING LIGHTS - CITY OF HUNTINGTON BEACH CEKI IFICA I E hULUEK CANCELLATION CITY OF HUNTINGTON BEACH ATTN: MR. DAVID VERONE / CONTRACT ADMINISTRATOR 2000 MAIN ST. HUNTINGTON BEACH, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BECANCELLEDBEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILLXP1Ffl�E)+/9R�F���MyyAyIILyy yy3YY0YYVV yDAYS YYWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT!BIiT`PAfEORENX&X&UA"1.'C AUTHORIZED REPRESENTATIVE ' PATRICK MCRAE ACORD 25 (2001/08) 'ACORD CORPORATION 1988 POLICY NUMBER: EPL73766308 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Name Of Additional Insured Persons Or Or anization s : THE CITY, ITS AGENTS, OFFICERS, EMPLOYEES AND VOLUNTEERS "SERVANTS" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. 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", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 C ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER: ELP73766308 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. i Name Of Additional Insured Person(s) Or Organization(s): THE CITY, ITS AGENTS, OFFICERS, EMPLOYEES AND VOLUNTEERS "SERVANTS" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I 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 or 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 "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 Named Insured California Professional Engineering, Inc. Endorsement Number - Policy Number Policy Period Effective Date of EPL73766308 02/26/2008 — 02/26/2009 Endorsement 02/26/2008 Issued by AXIS Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS COVERAGE PART The General Aggregate Limit shown in the schedule below, applies separately to each of your projects away from premises owned by or rented to you, subject to the Total Policy General Aggregate: GENERAL AGGREGATE LIMIT: $ 2,000,000 SECTION III — LIMITS OF INSURANCE, Item 2. is amended as follows: Item 2 The General Aggregate Limit is the most we will pay for the sum of : Medical Expenses under Coverage C; Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" and; Damages under Coverage B; SECTION III — LIMITS OF INSURANCE is amended to include the following: Item 8 TOTAL POLICY GENERAL AGGREGATE: $ 5,000,000 Subject to Item 2 above, the Total Policy General Aggregate Limit is the most we will pay for the sum of all damage because of all "bodily injury", "property damage", and "personal and advertising injury" to which this insurance applies. SI 106 Page 1 of 1 07/02 0 Named Insured California Professional Engineering, Inc. Endorsement Number - Policy Number Policy Period Effective Date of EP173766308 02/26/2008 - 02/26/2009 Endorsement 02/26/2008 Issued by AXIS Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER O TRANSFER OF RIGHTS RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART Any person or organization to whom or to which you are obligated by virtue of a written contract, to waive your right of recovery. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. The waiver applies only to the person or organization shown in the schedule. SI 127 Page 1 of 1 07102 0 FROM FRX NO. :6266070192 Tun. 25 2008 02:06PM P2 Cclt`ninurc.i.al Certificate of Insurance Alrer'ny , ic•(IMCl'h ilun I.ASUI'al'lux Agency Nmrw , 8653 tiarvey Avcnue Suito 103 & • Roscmeod.. ('A 1)1770 A(Iclress ° tit, 29 i )i"t, 1H Agent 0? lx(s1.11-CH CALIFORNIA PROFESSINAI_ Name PROFESSIONAL, IiN(i1Nf F.R1'NG, INC:. &. 93I,6 MABEL AVVN(JU, Arldivss S01, TI1 Tl.. MONTH. CA 91733 MaM[as A� Pam. issue Date (Mil/0D/YY) 706/251'2008 his cert.ifir a is issued its a rnattrr of Information only and confers tic) rights upon the certlfic:ary hol0r, This rer1.ifiratr does not artlend, extend nr alley the roveragc afforded by Ilie polirks shown below. Companies Providing Coverage: t_,m11pa1iy A 'Truck tntiura)cc: f echan>.,t: rcr ter (Aimpany B Parrners Insurance E•xchatrge (.cue)• umilmny C Mld-C=et(tury Insurancr Cattlpany Lr11rr D (..WIIl7arl)' Coverages ThIs Is to rertlfy Ihal. the Ix,firfcs of insurauca listed beIow have. bren Issued I the insured named above for the policy period indicated. Notwithstanding any regijirf scent. trrm or Condition of any euntrad or odic, durarnnit with respect to which this cert.ilicate. stay be issued or may pertaln, die insuranre afforxk.d by the poHrlr..; rlesctibed hrrelrl Is sul-iject to all du teens, exrluslons and conditions of such policies. Limits shown may -have been reduced by r1i11(l c:IairI1S. . _..-----_..... _,.__.._...—_.__... ..._.._.. --..,.. ....__ .. I,lr. f.._...._...----..., 'f'v>r. at,.trr�urance ( r Policy Number Policy Effect .....__ Ive Date Date(Mnnn.nrY)1 _----._..... Puli1.-y Expirarlon Dale (MMn)r)ryy) Paltry i.In�ils General I..jabillty Ceneral ApA7egate $ Cn►nmerclat Ccon-al s-C;crrnp/0PS I Ag rgate p'eg $ Liability I7rrsnual & - I,)pt•I.Irt•enCl! Veralon Advr..r(Ising Injury $ C:nnl.ra('tual - lnridenral [iarh Ocrurrrnre $ Only� Fire mtCtflrR) (Ar v (; Owners P, C011ir,10:01's Prul. Automobile Liability All Owned Conmicrcial Awos 5eheduled Auras Hird Aulos Nun -Domed Awns (;ara};r I.iatlfllty � lhnbrella Liability Workers' Comperl:.Frtioll _ and Croployer,s' Ljabilil.y . . ....... .......: ----__ ......._..._�.._—. De:crr•ip lon of(-)t_(eralit.elrl5: CONTRA(."i IN-RQ.AD W,NRNING 1.. GHT;S (7AS11 CC.)NARACT 1329 x 094222068 04/ 1012008 04/10/2009 Medical Expense (Any one person) Gurtrbined Single I:Irnit Bodily Irl'ury (i'er person Bodily Injury (PP.r' aC[ IdCfl (1 Property Damage. Garage AgRregam $ 2,000,000 A $ $ S Statutory Each Arrident Disease - E.eclr E'.ntploym! $ i)hwe Policy ldmit $ Certificate Holder Cancellation Additional Insured: Should auy of the above described policies he ranccllyd before the rxptratlon date �Jarru' ('iI U IA-Iur11113g1nn. 1.1cm:11 thereof, (he isming Company will erideavnr to nail 30 Clays written nnticc to the v 200 Matte 5(rec1:: f't3 Iiox 190 rrrtifirarr holder na(nod to the. icfl, bul lailtim to mall Rich noLiu shall impose n(7 '(,Idrerss liuntin�tt)n 1.3c7:xat, C.'A 926�ii ubligatlon or liability of a] ki ul upon Ilu company, Rs agents ur rcpresratatives. ALidinrizml Representat c'r innv i ktrihrttinry Carvirn ( otli­ r,,..,. ,.,�I A„n.•I'.• City of Huntington Beach CC —1329 In -Roadway Warning Fights Bid Opening: May 13, 2008 @ 2:30 P.M. Engineer's Estimate: $50,000 Rank Bidder's Name Bid Amount Corrected Bid Amount California Professional Engineering, Inc. 4 42 O S Z ©Q 6 Christopher R. Morales, Inc. S4 0oI- CSI Electrical Contractors (�Q O Dynalectric \, © Z—O C e g� Macadee Electrical J Moore Electric MSL Electric, Inc. PTM Engineering v 5 7� �� / _ po �U Ramilan Electric, Inc. f Op Republic ITS Steiny and Company, Inc. I Q Op (> o — Zuniga Electrical Construction 7 f PrCiN s 46 Council/Agency Meeting Held Deferred/Continued to *Appr ed ❑ Conditionally Approved ❑ Denied L i ler s Sign re Council Meeting Date 6/16/2008 Department ID Number PW 08-35 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL M SUBMITTED BY PAUL EMERY INTERIM CITY ADMINISTRATO PREPARED BY TRAVIS K HOPKINS PE DIRECTOR OF`PUBLIC WO SUBJECT Award In -Roadway Warning Lights Project - Bushard Street Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue The In -Roadway Warning Lights Project on Bushard Street at Yellowstone Drive CC 1329 was advertised and ten bids were received on May 13 2008 City Council action to award the project to the lowest responsive and responsible bidder is needed to complete the project Fundinq Source Funds in the amount of $70 000 were budgeted for this project in the General Fund Transportation Engineering Professional Services 10085301 6936 5 The estimated cost of the project is $107 000 which includes the purchase of electrical equipment by the City The amount of $37 000 will be reallocated from the General Fund Transportation Management operating budget to cover the shortfall Recommended Action Motion to 1 Approve the project plans and specifications for the In -Roadway Warning Lights Project on Bushard Street at Yellowstone Drive CC 1329 2 Accept the lowest responsive and responsible bid submitted by California Professional Engineering in the amount of $42 052 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 6/16/2008 DEPARTMENT ID NUMBER PW 08-35 Analysis On December 17 2007, the City of Huntington Beach City Council appropriated funds, authorized expenditure and approved a project for a lighted in -road crosswalk pilot project at the intersection of Bushard Street and Yellowstone Drive This project was designated as a pilot project to allow for follow-up evaluation of the effectiveness of the installation before proceeding with any new flashing crosswalk installations At that time $70,000 was appropriated for the design and construction of the in -roadway warning lights The project includes the installation of a new marked crosswalk with in -roadway warning lights on Bushard Street at the intersection of Yellowstone Drive, the installation of bollards for the pedestrians to activate the lights curb ramps lighting, flashing beacons, and signing and striping improvements A complete set of plans and specifications are available for review at the Public Works counter during normal working hours Bids were opened publicly on May 13 2008 and are listed in ascending order Bidder Submitted Bad Corrected Bad 1 California Professional Engineering $42,052 00 2 Christopher R Morales Inc $54 817 00 $53,017 00 3 PTM General Engineering Services Inc $53 276 00 4 1 Macadee Electrical $54,794 00 5 Republic ITS $57,776 00 6 Zuni a Electrical Construction $59,780 00 7 Ramilan Electric, Inc $66,696 00 8 CSI Electrical Contractors Inc $69,861 20 9 Steiney & Company, Inc $81,483 00 $81,482 20 10 D nalectric $110,205 82 $110,206 65 The estimated cost for this project is $107 000 which includes the City purchase of all major equipment The original appropriation for design and construction was $70 000 This shortfall is attributed to the fact that in -roadway lighting is a relatively new technology and there are few comparable installations in the area with which to develop accurate cost estimates The ability to reallocate $37 000 from the General Fund Transportation Management budget is based on the savings in contract staff projected through the end of FY 2007/08 The City typically purchases all major components of the electrical 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 2 6/3/2008 11 47 AM REQUEST FOR CITY COUNCIL ACTION MEETING DATE 6/16/2008 DEPARTMENT ID NUMBER PW 08-35 The reference check for California Professional Engineering 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 California Engineering & Contracting Inc as the lowest responsive and responsible bidder Public Works Commission Action The Public Works Commission recommended the project on March 19, 2008 by a vote of 6-0-1 (Spencer absent) Strategic Plana Goal (C-1) Improve transportation through a variety of means including improving traffic flow, synchronizing traffic signals traffic calming, and alternative transportation methods such as bike and walking paths Environmental Status This project is categorically exempt pursuant to the California Environmental Quality Act Section 15303 (c) Attachment(s) 3 6/3/2008 11 47 AM -ATTACHMENT N r., CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING LOCATION MAP ATTACHMENT loW IN -ROAD LIGHTED CROSSWALK 1 INITIATING DEPARTMENT Public Works SUBJECT Award In -Roadway Warning Light Project - Bushard Street at Yellowstone Drive COUNCIL MEETING DATE .rune 16 2008 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map Location Map and/or other Exhibits Attached Not Applicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases Third Party Agreements, etc Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not A placable Fiscal Impact Statement (Unbudgeted over $5 000) Attached ❑ Not Applicable Bonds (If applicable) El Notached t Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION O.. MISSING REVIEWED RET PNED FOR RDED Administrative Staff Deputy City Administrator Initial ) City Administrator Initial City Clerk ( ) I EXPLANATION FOR RETURN OF ITEM T D(.eq� MA9_; �a� A� 6 tJ/rilC*A) PG -�- 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 A50479 STATE OF CALIFORNIA) ) SS COUNTY OF ORANGE ) I am the Citizen of the United States and a resident of the County aforesaid, I am over the age of eighteen years and not a party to or interested in the below entitled matter I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT a newspaper of general circulation printed and published in the City of Huntington Beach, County of Orange State of California, and the attached Notice is a true and complete copy as was printed and published on the following date(s) April 17, 24 2008 May 1 8 2008 I declare, under penalty of perjury, that the foregoing is true and correct Executed on May 8 2008 at Huntington Beach California Signat e NOTICE INVITING SEALED BIDS for CC 1329 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 May 13 2008 at which time bids will be opened publicly and read aloud in the Coun cil Chambers for the In Roadway Warning Lights CC 1329 in the City of Huntington Beach A set of plans specifications and con tract documents may be obtained starting April 17 2008 at City Hall Department of Public Works upon receipt of a non refundable fee of $30 00 sales tax in cluded if picked up or $40 00 if mailed (bid der shall pay additional costs for special deliv erEach bid shall be made on the Proposal Form provided in the contract documents and shall be accompa med by a certified or cashier s check or a I bond for not less than 101/ of the amount of the bid made payable to the City of Hunting ton Beach The Contrac for shall in the per formance of the work and improvements con farm to the Labor Code of the State of Califor ma and other Laws of the State of California applicable thereto with the exception only of such variations that may be required under the special statutes pur suant to which proceed ings hereunder are tak en and which have not been superseded by the provisions of the Labor Code Preference to la bor shall be given only in the manner provided bylaw No bid shall be consid ered unless it is made on a form furnished by the City of Huntington Beach Department of Public Works and is made in accordance with the provisions of the proposal requirements Each bidder must be licensed as required by law The City Council of the City of Huntingtor Beach reserves the righl to reject any or all bids On December 17 12007 the City Counci authorized the con istruction of the In Roadway Warning Light: on Bushard Street a Yellowstone Drive Joan L Flynn City Clerk of the City o Huntington Beach 1 2000 Main Street (714) 536 5431 Published Huntingtoi Beach Independent Apr, 17 24 May 1 8 2001 1 043 571 Huntington Beach Independent has been adjudged a newspaper of general circulation in Huntington Beach and Orange County by Decree of the Superior Court of Orange County State of California under date of Aug 24 1994 case A50479 PUBLICATION STATE OF CALIFORNIA) ) SS COUNTY OF ORANGE ) I am the Citizen of the United States and a resident of the County aforesaid, I am over the age of eighteen years and not a party to or interested in the below entitled matter I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT a newspaper of general circulation printed and published in the City of Huntington Beach County of Orange, State of California and the attached Notice is a true and complete copy as was printed and published on the following date(s) April 17 24 2008 May 1, 8, 2008 I declare under penalty of perjury that the foregoing is true and correct Executed on May 8 2008 at Huntington Beach, California Sign ure NOTICE INVITING SEALED BIDS f01 « 1329 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the ioffice of the City Clerk at City Hall 2000 Main ,Street Huntington Beach CA 92648 until the hour of 2 30 pM on May 13 2008 at which time bids will be opened publicly and I read aloud in the Coun cil Chambers for the In Roadway Warning Lights CC 1329 in the City of Huntington Beach A set of plans specifications and con tract documents may be obtained starting April 17 2008 at City Hall Department of Public Works upon receipt of a non refundable fee of $30 00 sales tax in eluded if picked up or $40 00 if mailed (bid der shall pay additional costs for special deliv ery) Each bid shall be made on the Proposal Form provided in the contract documents and shall be accompa nied by a certified or cashier s check or a I bond for not less than 10% of the amount of the bid made payable to the City of Hunting ton Beach The Contrac for shall in the per formance of the work and improvements con form to the Labor Code of the State of Califor ma and other Laws of the State of California applicable thereto with the exception only of such variations that may be required under the special statutes pur suant to which proceed ings hereunder are tak en and which have not been superseded by the provisions of the Labor Code Preference to la bor shall be given only I the manner provided bylaw No bid shall be consid ered unless it is made on a form furnished by the City of Huntington Beach Department of Public Works and is made in accordance with the provisions of the proposal requirements Each bidder must be licensed as required by law \ The City Council of the (City of Huntington Beach reserves the right to reject any or all bids I On December 17 12007 the City Council authorized the con Istruction of the In Roadway Warning Lights Ion Bushard Street at Yellowstone Drive Joan L Flynn City Clerk of the City of Huntington Beach 2000 Main Street (714) 536 5431 Published Huntington Beach Independent April I17 24 May 1 8 2008 043 570 NOTICE INVITING SEALED BIDS for CC-1329 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 May 13, 2008, at which time bids will be opened publicly and read aloud in the Council Chambers for the In -Roadway Warning Lights, CC-1329 in the City of Huntington Beach A set of plans, specifications, and contract documents may be obtained starting April 17, 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 On December 17, 2007, the City Council authorized the construction of the In -Roadway Warning Lights on Bushard Street at Yellowstone Drive Joan L Flynn City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 CC 1329 FOUCITY OF HUNTINGTON BEACH 2000 P O Huntington LETTER OF TRANSMITTAL Attention Joan L Flynn To Clty Clerks Office 2000 Main Street Huntington Beach, CA 92648 Main Street Box 190 Beach, CA 92 64 8 Fax (714) 374-1573 Date Apnl 10, 2008 Prolect/C C No C C No 1329 Regarding In Roadway Warninq Lights i ❑ We are sending you ❑ By Mad ❑ 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 i ❑ Copy of letter ❑ Change Order ® Other Notice Inviting Sealed Bids Item # I Copies I Pages I Description 1 1 1 Notice Inviting Sealed Bids for CC 1329 2 In Roadway WarnIng Lights) 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 On December 17, 2007, the City Council authorized the construction of the In -Roadway Warning Lights on Bushard Street at Yellowstone Drive Project Please find attached the Notice Inviting Sealed Bids for advertisement on 4/17/08, 4/24/08, 5/l/08 & 5/8/08 The bid opening is scheduled for 5/13/08 Please contact me at 374-1628 with any questions you may have c file By William F Janusz, irfcipal Civil En G \CONSTRUCTION CONTRACTS (CCS) \CC1329\NISB TRANSMITAL TO CLERK CC 1329 HOC City of Huntington Beach CC —1329 In -Roadway Warning Lights Bid Opening May 13, 2008 @ 2 30 P MM Engineer's Estimate $50,000 Rank Bidder s Name Bid Amount Corrected Bid Amount California Professional Engineering Inc Christopher R Morales Inc CSI Electrical Contractors / f� /%N lJ Dynalectric � p' , 3 Macadee Electrical Moore -Electric MSL Electric—InG PTM Engineering Ramilan Electric Inc Republic ITS W, --'P Stemy and Company Inc Zuniga Electrical Construction---- r 08MAY13 PIN 2 2O �� MAY 13 �!] 2 21 � 1 f IT //� HUd•,,G�(!l�rlH R2!lb],,r [ 3C8 LS | Wd [|MI§qZ 0/ //l VH go _ � � w ) .° C-0 } - � 2 Z 3 w � to � ri i � 2 � � Unsuccessful Bids CC-1329 In -Roadway Warning Lights FOA, "4& CITY OF HUNTIAINGTON 2000 MAIN -�)TREET 00 F F j C, LE 0 F T ilr I E, C I` C L E 4 H K JOAN L. FLYNN CITY CLERK October 6, 2008 Christopher R. Morales, Inc. 15100 E. Nelson Ave. Industry, CA 91744 RE: CC-1 329 - In -Roadway Warning Lights Enclosed please find your original bid bond for CC-1 329. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure err g3followup/ca shcont/return bidbond doc CHRISTOPHER R. MORALES, INC. 15100 E. NELSON AVE. V INDUSTRY, CA 91744 E Z008 MAY ' 13 fM.12: 51 { GrITy r 2000 MAIN STREET 2ND FLOOR HUNTINGTON BEACH, CA 92648 e SECTION C PROPOSAL for the In -Roadway Warning Lights at Bushard St. and Yellowstone Dr. CC No. 1329 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 ........... ....... ....................................... . to . Iiemitti.iiiiiPfiice:VViifteii�iii:.S'or..s�.=��>:�:•>:�:� In -Roadway Warning Lights-Bushard CC-1329 Street at Yellowstone Drive 1 1 LS Mobilization $ $ ►!Mo - oo Per LS 2 1 LS Traffic Control @ Lug p s $ LS $ 2.1v00.0 Per LS 3 1 LS Signing and Striping @ Lip Svc, $ l., s $ 1011 So.00 Per LS 4 1 LS Install In -Roadway Warning Lights-Bushard Street and Yellowstone Drive @ t�v ^ P $ L S $ Per LS 5 4 EA Construct curb ramp, including adjacent gutter plate per Calrans Std. Plan A88A, Case C, including AC pavement replacement per detail @ Q11C 4-k-dSe- rld %,; r5h,4 $ 1$�Q0.00 $ 7-2 0o•9v +{U»dvej D911 c.r S Per EA 6 168 Sq. Ft. Construct Sidewalk per City Standard Plan 207. QLJ 0.00 Per Sq. Ft. 7 1 EA Remove Tree and Grind 24" Below Surface @ ohe-W�o� s�..,d poltQ►�s $ 1 1000•a- $ 1 , 000.oD Per EA Total Amount Bid in Words: V—"11;7" 5`l ��l•do Note: The City will provide the power control unit and service cabinet, all signal poles, In -Roadway Warning Lights, luminairies, vehicle heads, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advace for pick up at (714) 375-5015. 5 3/0 C-2.1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 3 Q$e•-s &4 in the amount of $ 101,, of t3&�j 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: Bidder's C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class 3 o 3 e�G 1 Ava . 1; Z3,67 cP, 7 7 Z 7 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is of U'r 40Ck t'( �- . r� �-) (. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Christopher R. Morales, Inc. Name of Bidder LA"-X Signatur of Bi der Address of Bidder Subscribed and sworn to before me this day of , 20 NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the In -Roadway Warning Lights at Bushard St. and Yellowstone Dr. (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 1� — \� — 00 Contractor By Title C-5 CALIFORNIA•ACKNOWLEDGMENT Aa �a,�a - ' vaS,c� sa ,� �,���4,�5,_ yai,� _ ,� � ,�aa.. ,�C� �C�aR.caL. �n.,��R,.a?:n���� �a �a � 9ai,:.D of _ �a,_ sa>v_• State of California County of Los Angeles On 15 �� 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 Signer(s) who proved to me on the basis of satisfactory evidence to be the person(& whose names# is/dft subscribed to the within instrument and acknowledged to me that he/aSsaW executed the same in hislNNOMW authorized _ capacity(M and that by his/bgsbW signature(* on the �RAMON C. ARTEAGA instrument the person(*, or the entity upon behalf of Commission # 1655887 which the person(4acted, executed the instrument. r� g Notary Public -California Los Angeles County I certify under PENALTY OF PERJURY under the laws My Comm. Expires Apr 29,201011 of the State of California that the foregoing paragraph is true and correct. WITNESS official seal. '. C/ 9-� 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 ( r Title or Type of Document: l`�\ J� a."') Document Date: j Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Christopher R. Morales Signer's Name: ❑ Individual ❑ Individual K Corporate Officer — Title(s): President ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Christopher R Mc)'&les Hlum 7 OF SIGNER II ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 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 ❑ Yes —� io If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 5 � � �,- ce, Christopher R. Morfeo bw Contractor By � V- Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Con ractor 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-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Chrletiopher R. Morales, Ina. Bidder Name r Business Address City, Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date (A,q State Zip The work site was inspected by C,��it�`'dt our office on ") , 20 0 The following are persons, firms, and corporations having a principal interest in this proposal: Christopher R. Morales. Inc. C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. CompanMaMe Signature o C -i n5to pile, 1` c- ,r,,\V5 Printed or Typed Signature Subscribed and sworn to before me this \ day of200 1.! 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. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-10 CALIFORNIA•ACKNOWLEDGMENT �aS,�S�9aS..�Sti��y�?l_' ,�Sti�S,za�S S�ca„L!�a4!��5.� � :aS,_ca��',sa. c�z �aS,.c�v�aa'✓_v,> �S;-�aS!�a4„+sS..`a<ca ,caS,�. �5..•�S,�S� ,. m, � ,�.��aS.caS..�S State of California County of Los Angeles On _ ' ' 0before me, Ramon C. Arteaga a Notary Public Date Here Insert Name and Title of the Officer personally appeared Christopher R. Morales Name(s) of Signer(s) RKAON C. ARTEAGA Commission # 1655887 •� Notary Public - California Los Angeles County My Comm. Expires Apr 29, 2010 who proved to me on the basis of satisfactory evidence to be the person(V whose namelo isAft subscribed to the within instrument and acknowledged to me that he/aSelIlIM executed the same in hiss authorized capacity(, and that by his/tIgOW signature(jo on the instrument the personal, 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 d and official seal. Signature 1 Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Christopher R. Morales Signer's Name: ❑ Individual ❑ Individual g Corporate Officer —Title(s): President ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Chri�Gtopher R morales nc. ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER Off 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.Nationa[Notaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 INSCO INSURANCE SERVICES, INC. insc%ico Underwriting Manager for: p Developers Insurance Company • Indemnity Company of California Developers Surety and Indemnity Company 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, That we ------- CHRISTOPHER-R_-MORALES,- INC_ as Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY --------------------------------------------------- -------------------------------------- authorized to transact a general surety business in the State of _IOWA bound unto CITY OF HUNTINGTON BEACH ------------------------------------------------------- ---------------------------------------------------------------- in the full and just sum of --- TEN -PERCENT -OF THE AMOUNT OF THE BID BOND NO. NSA a corporation as Surety, are held and firmly (hereinafter called the Obligee) Dollars, ($- 10% OF BID .... ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for IN ROADWAY WARNING LIGHTS AT INTERSECTIONS OF BUSHARD STREET AND YELLOWSTONE DRIVE IN ROADWAY WARNING LIGHTS 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 9th CHRISTOPHER R. MORALES, INC. �Vi6t'ca tole eY 4 vr�1ILS Principal I0-1198 (Bid Bond) (REV. 12/00) day of ---- MAY MAY I t) "tq 2008 YEAR DEVELOPERS SURETY AND INDEMNITY COMPANY Surety SHAWN BLUME Attorney -in -Fact CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On 5-1q /07 personally appeared before me, R. CISNEROS "NOTARY PUBLIC" (Here insert name and title of the officer) SHAWN BLUME who proved to me on the basis of satisfactory evidence to be the personA whose nameojis/atte-subscribed to the within instrument and acknowledged to me that he/shv"Tey executed the same in his/henWitir authorized capacity{ies), and that by his/h eit`signatureo) on the instrument the person", or the entity upon behalf of which the person(4 acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. R. CISNEROS WITNESS my hand and official seal. COMM. #1488731 - NOTARY PUBLIC -CALIFORNIA RIVERSIDE COUNTY M Comm. Ex ires June 7, 2008 Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any ackrtondedgntent completed in CaWornia must contain verbiage exac1b, as appears above in tire 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 insances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do someiking that is illegal for a notary in California fl e. certifying the authorized capacity of flu signer). Please check fire document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the dale that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect fors (i.e. he/sheldwy, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area perils, otherwise complete a different acknowledgment for. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. 4 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title Ii.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA 02.10.07 800-873-9865 wvwv.NotaryClasses.com POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Michael D. Stong, Rosemary Cisneros, Shawn Blume, Jeremy Pendergast, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attomey(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. �t1�tY�Mityt� By. ( ANDe,4 Stephen T. Pate, Senior Vice President Q40Rq �r�J�. OCT 10 By:o�y 1936 Charles L. Day, Assistant Secretary 4 0 State of California County of Orange On January 1st, 2008 before me, Christopher J. Roach, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized N� capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of CRStwhich the person(s) acted, executed the instrument. COMM. # 1145M NOTARY P1�UC GAI FOIR A 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANf3E � �" true and correct. cartm. M4,18, 201II WITNESS my hand and official seal. Place Notary Seal Above Signature _ Chr er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attomey remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, theJA day of M Ay By: 4rand, Assistant ecretary ID-1380(Wet)(Rev.07/07) CALIFORNIA•ACKNOWLEDGMENT State of California County of Los Angeles On L; _ 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 Signer(s) who proved to me on the basis of satisfactory evidence to be the person& whose namely is/1d subscribed to the within instrument and acknowledged to me that _ d he/=OmeW executed the same in hisAMMOMir authorized RAMON C. ARTEAGA capacityNoj and that by hisfl4jj6W signature(Ii on the Commission # 16,55887 instrument the person(*, or the entity upon behalf of Notary Public - California ; which the person( acted, executed the instrument. A . Los Angeles County My Comm. Expires Apr 29, 2010 1 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 official seal. Place Notary Seal Above Signature —,Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Christopher R. Morales Signer's Name: ❑ Individual ❑ Individual g Corporate Off icer—Title(s): President Ef Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Chri stnpher R. Morales HIUM 11 I OF SIGNER op of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator El Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER .• of thumb here 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 OF HUNT�NGTCAM BEA1�­­ OFFICE OF THE UITY 'JOAN L. FLYNN CiTY � LEP October 6, 2008 CSI Electrical Contractors, Inc. 10623 Fulton Wells Ave. Santa Fe Springs, CA 90670 RE: CC-1329 — In -Roadway Warning Lights Enclosed please find your original bid bond for CC-1329. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure g:/followup/cashcont/returnbid bond. doc JN Senior Estimator Transportation Group Office: 562.236.9820 U- 11< Fax: 562.236.9499 1.11: U Cell: 490000� UF. Z. wo j U 10623 Fulton Wells Avenue w Santa Fe Springs, CA 90670 2003 MAY 13 PM 2: 20 I Irl J, T I exP`© CIIJ -,70(30 al Floor 0j cj Q- .s - 1 :3 -, Z", '3 c) SECTION C PROPOSAL for the In -Roadway Warning Lights at Bushard St. and Yellowstone Dr. CC No. 1329 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 ............ sf ma fed ........ ............... :::::::.::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::: :: ..... )[te[i:: �Vo:u ::;t :.:.:: C� a�t�.y . :...:. .:.:.:. . .:.....:.:. ..:.:.............:..:..:..:.....:.:.:..................... .................item. with rice Wnften «Words_ ..:�:.- .. � iTult Price ... ;>�xtentietl:�iiitou�if In -Roadway Warning Lights-Bushard CC-1329 Street at Yellowstone Drive - 1 1 LS Mobilization CIO $ Per LS 2 1 LS Traffic Control Per LS 3 1 LS Signing and Striping @ ,,.e.. ,,...s $ 9 8�7c�— $ q c u �G.ry Per LS 4 1 LS Install In -Roadway Warning Lights-Bushard Street and Yellowstone Drive /w�(eSege-. hIC, $Z7160 $Z7/ (@ Per LS 5 4 EA Construct curb ramp, including adjacent gutter plate per Calrans Std. Plan A88A, Case C, including AC pavement replacement per detail $560,0 $ zz Per EA 6 168 Sq. Ft. Construct Sidewalk per City Standard Plan 207. @ Fou..4eaz, 1�)bItmrs $ t 40 $ Per Sq. Ft. 7 1 EA Remove Tree and Grind 24" Below Surface Per EA Total Amount Bid in Words:_! ,c *Te Vfog 3(.1 Z� Note: The City will provide the power control unit and service cabinet, all signal poles, In -Roadway Warning Lights, luminairies, vehicle heads, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advace for pick up at (714) 375-5015. C-2.1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. 0 Accompanying this proposal of bid, find bs1 60,k in the amount of $ I 7 a which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash",_ "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class Z/ Z3 /1' C3 Q/.o By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange �e r. , being first duly sworn, deposes and says that he or she is r' 9JL C of c s.E ��� ,.��a� C',o,,,�,r� c -o,s � `I e party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to before me this �CV NOTARY PUBLIC Name of Bidder Signature of Bidder .C&Z,3 ru Address of Biddei day of /vl , 20,!�'6 . New IW PAft • +Cagtl�nio tat AA b�M C NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the In -Roadway Warning Lights at Bushard St. and Yellowstone Dr. (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 By �e�e.-. �o [l�G� �e5 end P Title C-s CALIFORNIA JURAT WITH AFFIANT STATEMENT �,s��,TG��,v✓s�.,!a��,�t,.�4 EPI�ee Attached Document (Notary to cross out lines 1-6 below) 1:1 See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 State of California County of Los 6vj�6 J AL 11 E Commmion i 1 "3012 - .-- lh bft - Coutall Los Angela County M conmeomMot7,=12 Place Notary Seal Above Signature c/Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this day of 6 20 Dom, by Date Month Year Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (and Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signature Sig of OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Further Description of Any Attached Document Title or Type of Document Date: Signer(s) Other Than Named Above: Number of Pages: RIGHTTHUMBPRINT RIGHTTHUMBPRINT OF SIGNER #1 OF SIGNER #2 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes XNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the, Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: -5'- / Z Contractor By �5Ve✓e-, Gd Title c-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor I 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-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name / ,:Z z 3 tw /4, Business Address City, (—,5;/-Z ) 9f16- 0700 Telephone Number State Zip 6 /7 go y // State Contractor's License No. and Class Original Date Issued '0 6 Expiration Date D C7 The work site was inspected by ®r. e of our office on A < , 2001. The following are persons, firms, and corporations having a principal interest in this proposal: C-9 'The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Y Company Name Signature of Bidder [ --J le l; 0'�- d- Printed or Typed Signature Subscribed and sworn to before me this 10-day of , 200�2 . NOTARY PUBLIC WNER AIYARE em ComrnWon #t 1792 NO" Public • CCdN l m AngsW Cone 1 MYCoernn.E0"alar7 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: Q 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Name and Address of PuNc Agency Type of Work Date Completed Name and Telephone No. of Pro' ct Manager: Contract Amount Type f Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work 'N,,, Date Completed C-1 o CALIFORNIA JURAT WITH AFFIANT STATEMENT IVSee 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) of Document Signer No. 1 State of California County of G crlk"c apon • 17-ME 2-2- w/emrtrl.13"UNW1,2012 Place Notary Seal Above of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this cr d''' day of , 206, by Date Month Year Q� Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and (2) Name of Signer proved to me on the basis of satisfactory evidence to be the person who a eared -before me.) Signature ) ULY—cv� nature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Date: Signer(s) Other Than Named Above: Number of Pages: RIGHTTHUMBPRINT RIGHTTHUMBPRINT OF SIGNER #1 OF SIGNER #2 •• • . •• of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5910 Reorder: Call Toll -Free 1-800-876-6827 ELECTRICAL SELECTED TRANSPORTATION JOB LIST 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 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 r Bond No. 5466560 GPJEA TAMEWCAN. INSURAsU COMPANIES 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 9th day of May 2008 WHEREAS, the said principal CS' Electrical Contractors, Inc. herewith submitting a proposal for Install In Roadway Warning Lights NOW, THEREFORE, the condition of this obligation is such that, if the said principal shall be awarded the said contract, and shall within Ninety 90 days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount be in excess of the former, but in no event shall the liability hereunder exceed the penal sum hereof. CSI Electrical Contractors, Inc.Q7&,,�� GREAT AMERICAN INSURANCE COMPANY Principal F.9116 B: fljaow� so ne Brancheau , Attomey-in-Fact GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET' CINCINNATI, OHIO 46202 • 513-369-6000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR POWER OF ATTORNEY No. 0 14270 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 nominaie, constitute and appoint the person or persons named below its true and lawful attomeyin-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 J. McGANN 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 affixedthis 270' day of, APRIL 2006. Attest STATE OF OMO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVID C. KITCHIN (513-69-3811) On this 21" 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 ofGreat 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 Attomeys-in-Fact to execute on beha6(of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid ofcers and any Secretary or Assistant Secretary of the Company may be affixed byfacsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually 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 9 th day of, May , 200.8 S 1029T (11101) CALIFORNIA•ACKNOWLEDGMENT ,e, .e s, •,.mac cam,, ,:.:s �., ^S c �.....ss. ems, .c gam.. ,,..s :.s ..e ... c s �., �.cs �..:.> :., z::3ee.c State of California County of LOS- lkr� C Onrj ,Q4 1 C)g before me,,\ee-:, Date Here insert Name and Title of the Officer personally appeared V-A=-Xn e_ 7e=,,UName s) of Signe G( ft ers) �m0VNERIE C. 60NL4LES CfJmmIWM # 1684564 Notary Put we - CaNforr IG tOS Angeles Courdy My Comm. Expires Jul 29.2010 who proved to me on the basis of satisfactory evidence to be the personj4 whose named is/om subscribed to the within instrument and acknowledged to me that he/,qWt# 4 executed the same in his/iyr V#Ar authorized capacity(ti), and that by hisdor/tW signatureo on the instrument the person* or the entity upon behalf of which the persor4Wacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and and official seal. Signature A L��C� Place Notary Seal Above Signature of Notary Pubic 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: C5-7- �� ��riic0 / an4rWyc46drs ^zAly c� pin Document Date: hAaLa q , __k4nk!0_Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-900-876-6827 '11=1TY OF HUNI 2000 IMAIN STREET OFFICE OF THE CHY CLERN' JOAN L. FLYNN CITY CLERK October 6, 2008 Dynalectric 4462 Corporate Center Drive Los Alamitos, CA 90720-2539 RE: CC-1329 — In -Roadway Warning Lights Enclosed please find your original bid bond for CC-1 329- Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure g Ao llowup/ca s hcont/retu rn b idbond - d oc CITY CLERK R CITY CLERK CITY CLERK CITY CLERK CITY OF CITY OF CITY OF CITY OF HUNTINGTON BEACH HUNTINGTON BEACH HUNTINGTON BEACH HUNTING TGrp BEACH D AW y c nal OCtri An EMCOR Company 4462 Corporate Center Drive Los Alamitos, CA 90720-2539 Of City of Huntington Beach fice of the City Clerk 2000 Main Street — Second Floor Huntington Beach, CA 92648 SEALED BID PROPOSAL ENCLOSED FOR: "IN -ROADWAY WARNING LIGHTS AT BUSHARD ST. AND YELLOWSTONE DR." DO NO OPEN WITH REGULAR MAIL Bid Due: Tuesday, May 13 th 2008 @ 2:30 pm::: 'Mi ON X SECTION C PROPOSAL for the In -Roadway Warning Lights at Bushard St. and Yellowstone Dr. CC No. 1329 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 K®C INC. dba DYN ALECTRIC t : :: . :: . .::::::::::.:::::.:::::::::::•:•:::•:::::::: ..Item..Vl'lthatiit:P:rice:Wriffen m:Words::::::::::::: .:.: '•t:. r' ' :::Utic .' .tCe:::: .. .:.:.: :t� .. E.:.� :.�.�.�. ::.EX ..gd..d..aimou?t In -Roadway Warning Lights-Bushard CC-1329 Street at Yellowstone Drive 1 1 LS Mobilization @ $ $ �I 7 Zi1!• ((/� Per LS �evt-f S 2 1 LS Traffic Control @ _77 446 -Tku,-A�641er 11uw og-eo $ 3� 9?3, /8 $ •9 8.3, v Jk iz,, rCe LLcr Per LS LzC�rr� 3 1 LS Signing and Striping (d _ )t '�f/u cr.y, �J �� Ni> mil. � $ � 01 , l o $ k. O M /c /-ND Per LS 4 1 LS Install In -Roadway Warning Lights-Bushard Street and Yellowstone Drive FSo-_ 1- -7Dmo $7;, 30,,4 $ 72 y- � Sid(. Per LS[� 5 4 EA Construct curb ramp, including adjacent gutter plate per Calrans Std. Plan A88A, Case C, including AC pavement replacement per detail , f 604)/�L/eO $ �l, �3/. 30 $ Per EA 6 168 Sq. Ft. Construct Sidewalk per City Standard Plan 207. @ v o Twee, -(;, $ J- 23 $ Per Sq. Ft. 7 1 EA Remove Tree and Grind 24" Below Surface Sx l�noet o ,Y $ Z l�23•� $ 2�� 2 3 - �/` -77� ree �� e( ,•� �,� e ���- fs Per EA %% �- Total Amount Bid in Words: Qi�)� kkhODF-co 1 F� 1 / � >� ,- iv% � �ii+° D �J�t� rl Lie /© 20S . e2- Note: The City will provide the power control unit and service cabinet, all signal poles, In -Roadway Warning Lights, luminairies, vehicle heads, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advace for pick up at (714) 375-5015. C-2.1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. A 10% Accompanying this proposal of bid, find 1310 6o W D 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: Ns M � Addenda No. C-2 K®C INC. dbe ®YNALE&RIC LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104; the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class �A�� � V_E( . � Ijq-wl �r�d c 7s $33 , , e-�2 5'rC7e�/Ak7� WSJ �9L' u ^� C 1 W4 e #13T 9.4 �W 3 i1� . 732— By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange w F-,,> • bavev*at , being first duly sworn, deposes and says that he *s-ske is \(. P.; SeC • / Tc 2 a S . of KDC INC. dba DYNALECTRIC 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. KDC INC. dbe DYNALECTRIC Name of Bi SigrAture ofder IMWAM L DAVENW, CFO 4y (o .,)- Corporc•*-- Ce he - Dr i ue- Los Alamitos, C* CID7a-.0 Address of Bidder Subscribed and sworn to before me this day of , 20 _ (�*Z ATMC*A Eb UueAf) NOTARY PUBLIC NOTARY SEAL C-4 CALIFORNIA JURAT :- 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) 2 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 13th day of May , 20 08 , by Date Month Year (1) William B. Davenport, V.P. - Sec./ Treas. Name of Signer ��..ft proved to me on the basis of satisfactory evidence ELAINE L. HOYUELA to be the person who appeared before me Commission # 1678214 ibmy Notary Public - California (and Orange County Comm. Expires Jun 27, 2010 (2 am er prov e on the basis o tory evidence o be the person who appeared before me. Signature OILI � - 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. Further Description of Any Attached Document Title or Type of Document: Noncolluslon Affidavit Document Date: May 13th, 2008 Number of Pages: 1 Signer(s) Other Than Named Above: None ✓ti.'✓. �64✓.C✓.-• .�'-✓...�a�✓'.��..`✓.: yitiG'y.. �'S'�i'w •v,'ar.'.v.'-------------..va�✓..i. eis.vava.•.r..�✓s�✓ti.�✓.'"- 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 In -Roadway Warning Lights at Bushard St. and Yellowstone Dr. (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in -proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: KDC lNQ db411 YN&ECTR1C Contractor By WIWAM B. DAVBGW,, CFO �.P4 Sec_/Ir2as. Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes XNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: ?J, a-� KDC INC. Contractor 4.P , Sec .ZTreaS. Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: KDC INC. dbe Contractor By MLUAM B. DAM P= M Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: KDC INC. dba DYNALECTRIC Bidder Name Business Address Los Ayvie les CW q0�a-O City, State Zip (714 ) % a� --700o Telephone Number A,C'>.C-9.C31.0 State Contractor's License No. and Class I a J OLP/ Original Date Issued Ia J 3► l a-oo� Expiration Date The work site was inspected by N I � �0 V�'-1 %7 of our office on M 1 91'_ , 20_ The following are persons, firms, and corporations having a principal interest in this proposal: KDC INC. dba DYNALECTRIC — COf w(CA o v� Chas Pesa%j2r to - Resider& _ William 13. t�ccuem�Ofi- - V.P.SK/T-roas C-9 'The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. KDC INC. dbe DYNALECTRIC Company Name Signature of Bidder "LLIAM IL wil�iGtrY1 �.17G�1Q�P0(+ Printed or Typed Signature Subscribed and sworn to before me this _ day of , 200_ (SEE J5kTTAC-+t6 MAR PtT> NOTARY PUBLIC 051 I3/ o% - v • r, sec /7 teas. 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. L' i,� of y0�(bc, Uncick. �- S 5 1AU2•, YD(V)r, U*ndc,A4 Name and Address of Public Agency 9 ZS 8 (o (�,� l.►� Hof ks �.a.p�• Name and Telephone No. of Project Manager: 91� • q �a 1. 7170 OV yo(bc- N uct . (cam Lon„a/ aure.k� 19 5, oco ►raf t S� ror,,A I-nWe-ome-c - No0 . 2cm(19 Contract Amount Type of Work Date Completed 2. Wecoho- I Land -Q3-ga3WWeia.elod Name and Address of Public Agency U UWex)c-' / GA a 135SI" Name and Telephone No. of Project Manager: MC:A- Out 11 mangy .-��r��-F, 4 5 a5 Doo 4: cvy-, &t s Z- n 2 -7 Contract Amount Type of Work Date Completed 3. �IT1-i 0 0wL. 1-15C:LK�_hue ��cM Q � I1z C4 g0�1ss Name and Address of Public Agency Name and Telephone No. of Project Manager: vv 0(1C,(v\Jot02 4 3`b l , DOO • S, Cvynu-1 s Contract Amount Ar,+kDvxL. Caraveo 662 ,q"M 7351 Traff1C �^^ ype of Work C-10 Date Completed CALIFORNIA JURAT WITH AFFIANT STATEMENT EXSee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) State of California County of Orange. Subscribed and sworn to (or affirmed) before me on this 13th day of May , 20 08 . by Date Month Year (1) William B. Davenport, V.P. - Sec./ Treas. Name of Signer EIAINE L. HOWELA proved to me on the basis of satisfactory evidence Commission # 1678214 to be the person who appeared before me -b Not Public - California (and Orange County My Comm. Expires Jun 27, 2010 me on �theba=isof�satisfaZory evidence to be the person who appeared before me.) Signature Y. `— 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. Further Description of Any Attached Document Tine or Type of Document: Bidder's Information C10 Document Date: May 13th, 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.NationaiNotary.org Item #5910 Reorder: Call Toll -Free 1-800-876-6827 Jurat 08 Bidders Info.max TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD. CONNECTICUT 06183 FINANCIAL STATEMENT AS OF DECEMBER 31, 2007 AS FILED IN THE STATE OF NEW YORK CAPITAL STOCK $ 6,000.000 CASH & INVESTED CASH $ 74,575,111 UNEARNED PREMIUMS $ 830,096,152 BONDS 3,171,426,610 LOSSES 907,184,263 STOCK 14,356,947 LOSS ADJUSTMENT EXPENSES 153,320,025 INVESTMENT INCOME DUE AND ACCRUED 42,220.864 COMMtSStONS 34,054.809 PREMIUM BALANCES 198,657,602 TAXES, LICENSES AND FEES 19,747„911 NET DEFERRED TAX ASSET 43;369AW OTHER EXPENSES 34,494,038 REINSURANCE RECOVERABLE 7,619,102' FUNDS HELD UNDER REINSURANCE TREATIES 122,307.214 OTHER ASSETS 3,744,962 CURRENT FEDERAL AND FOREIGN INCOME TAXES 27,676,126 REMITTANCES AND ITEMS NOT ALLOCATED 59,653,721 AMOUNTS WITHHELD / RETAINED BY COMPANY FOR OTHERS 34,315,622 PAYABLE TO PARENT, SUBSIDIARIES & AFFILIATES 68232,804 RETROACTIVE REINSURANCE RESERVE 23,913,659 POLICYHOLDER DIVIDENDS 8,740,193 PROVISION FOR REINSURANCE 5,510,971. CEDED REINSURANCE NET PREMIUMS PAYABLE (55,035,104) OTHER ACCRUED EXPENSES AND LIABILITIES 141,704 TOTAL LIABILITIES $ 2,265,354,108 CAPITAL STOCK $ 6,000.000 PAID IN SURPLUS 303297,402 OTHER SURPLUS 951,319,576 TOTAL SURPLUS TO POLICYHOLDERS $ 1,290,616,978 TOTAL ASSETS $ 3,555„971,086 TOTAL LIABILITIES & SURPLUS $3,555,971086 STATE OF CONNECTICUT COUNTY OF HARTFORD )SS. CITY OF HARTFORD LAWRENCE A. SIUTA, BEING DULY SWORN, SAYS THAT HE IS CHIEF FINANCIAL OFFICER - TRAVELERS BOND & FINANCIAL PRODUCTS, OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID CONIPANY AS OF THE 31st DAY OF DECEMBER, 2007. SUBSCRIBED AND SWORN TO BEFORE WE THIS 11th DAY OF MARCH, 2008 E (5HEF FINANCIAL OFFICER - BOND & FINANCIAL PRODUCTS NOTARY PUBLIC %{�.RIU (" i r' "'A i_7 x rA4taars� ttrhlts THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Dynalectric 4462 Corporate Center Drive, Los Alamitos, CA 90720 as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America 343 Thornall Street 5th Floor Edison NJ 08837 a corporation duly organized under the laws of the State of CT as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648-2702 as Obligee, hereinafter called the Obligee, in the sum of Fifty Thousand Dollars and 00/100 Dollars ($ $50,000 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for In -Roadway Warning Lights at the Intersections of: Bushard Street and Yellowstone Drive - CC No. 1329. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 6th day of (Witness) ems_. (Witness) rim, alectric WIWAM B. EfAVENPORT, CFO — N •r; Travelers Casualty and (surety) AIA DOCUMENT A310 • BID BOND • AIA • FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 2008 (title) / of America (seat) CALIFORNIA ALL-PURPOSE r�i e'�4s�4!s;;>,g..�.s.,'>,TR::�.�.%.�'Sr,-�,�N,.^� wa..�. S�S'�S�S!a4!�S y�S..,>�..z..,•,a�.•,: a.�tr.,'1�C �S�c�. �c,z�S�g,�.,a.;,tea„r.,r,��g�_-�.'<�.,�S,�C �$.,., State of California County of Orange On May 13th, 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) EWNE L. HOYUEIA jM Commission # 1678214 ..+ Notary Public - Collfornla Orange County My Comm. Expires Jun 27, 2010 who proved to me on the basis of satisfactory evidence to be the personM whose nam%V) is/af subscribed to the within instrument and acknowledged to me that he/sue/tlAy executed the same in his/hoktboir authorized capacity(iod), and that by his/twittWr signature(k) on the instrument. the person($), or the entity upon behalf of which the person(,1t') acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature-X �- Place Notary Seat Above Signature of Notary Publi 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: May 6th, 2008 Bid Bond Signer(s) Other Than Named Above: Rita Capacity(ies) Claimed by Signer(s) Signer's Name: William B. Davenport ❑ Individual IN Corporate Officer — Title(s): V.P., Sec./ Treas. ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: KDC Inc. dba Dynalectric RIGHTTHUMBPRINT OF. SIGNER Number of Pages: 1 istano Sinner's Name: ❑ Indivi I ❑ Corporate er — Title(s): ❑ Partner — ❑ Limf ❑ Ger ❑ Attorney in Fact ❑ Trustee ❑ Guardian onservator 11 Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item N5907 Reorder: Call Toll -Free 1-800-876-6827 2008 Bid Bond Ack.max WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 219656 Certificate No. 002217654 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Thomas Bean, Rita Sagistano, Gerard S. Macholz, Susan Lupski, Robert T. Pearson, Mary Alice J. Corbett, and Camille Maitland of the City of Garden City , State of New York , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of,,guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pqrmij in any actions or proceedings allowed by law. 18th IN WTTN�ShSrWHEREOF, the Comuary q s have caused this instrumett=to be signed. and their corporate seals to be hereto affixed, this day of — e Farmington Casualty Company a� 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 GNSU.,�y may- rr ♦ �Sl�(�FIj- Jy4�AE 6 ' O��M INyG9 JP+ �NS4,gq •., gJp�tV qNO� tYyP Q.::. > 4 _ '�': L •t V' 1982�' O �.71 I� Nr' [ttOl �927 g ms top PONq�F m. W:'GONPORgTE; .O's a 3 H4RTFd\\t t � R0.1 1896 �. 3E AL.•o: 'i'-.SEAI.,:;i y CQNN. a �J� i=, p��t cR 8 \ f �� � ,�� •(/.W Attu neN A mn n" rS .Alt lg .......' 1 ',� ••iI State of Connecticut City of Hartford ss. 8v: Georg Thompson, enior ice President 18th February 2008 On this the day of before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. Urr In Witness Whereof, t hereunto set my hand and official seal.G My Commission expires the 30th day of June, 2011. Marie C. Tetreault, Notary Public 58440-5-07 Printed in U.S.A. ALL-PURPOSE ACKNOWLEDGMENT State of New York County of Nassau On May 6th, 2008 before me, Desiree Cardlin, Notary Public, personally appeared Rita Sagistano, Attorney -in -Fact of Travelers Casualty and Surety Company of America personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. M,oc� cat'rj DESIREE CARDLIN Notary Public, State of New York No. 01 CA6150043 Qualified in Suffolk County Commission Expires July 24, 2010 CITY LY'. ':.`.psi - OF _.'. `i T 2000 MAIN ST REET JOAN L. FLYNN "aka& 9 Y ''CLE '9K October 6, 2008 Macadee Electrical Construction 4755 Lanier Road Chino, CA 91710 RE: CC-1329 ® In -Roadway Warning Lights Enclosed please find your original bid bond for CC-1329. Sincerely, JF: pe Enclosure g:/followup/cashcont/returnbidbond.doe "SEALED BID" FOR IN -ROADWAY WARNING LIGHTS AT BUSHARD ST. AND YELLOWSTONE DR. IN THE CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL 1. RE�' 2000 MAY 13 AIM 10: 58 0 MACADEE ELECTRICAL CONSTRUCTION 4755 LANIER ROAD CHINO, CALIFORNIA 91710 To CITY OF HUNTINGTON BEACH 2000 MAIN STREET SECOND FLOOR HUNTINGTON BEACH, CA 92648 ATTN: OFFICE OF THE CITY CLERK SECTION C PROPOSAL for the In -Roadway Warning Lights at Bushard St. and Yellowstone Dr. CC No. 1329 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 ':lastiorate:::::::::::::::::: ...........'...................'...............................::::::: : ...... Q�a�4. _ i-t�P'nee:Wi�lfea•in�Vords:>:::;:::::::::; •._ ....•..•. ftC....... ::••:.::: ...�7�.•hd:�ut• It] In -Roadway Warning Lights-Bushard CC-1329 Street at Yellowstone Drive 1 1 LS Mobilization ® One Thousand Five Hundred $ 1,500.00 $ 11500.00 Dollars Per LS 2 1 LS Traffic Control @ One Thousand Dollars $ 1,000.00 $ 1,000.00 Per LS 3 1 LS Signing and Striping @ Thirteen Thousand Four Hundred Fifty Five $ 13,455.00 $ 13,455.00 Dollars Per LS 4 1 LS Install In -Roadway Warning Lights-Bushard Street and Yellowstone Drive @ Eighteen Thousand Four Hundred Fifty Nine $ 18,459.00 $ 18,459.00 Per LS 5 4 EA Construct curb ramp, including adjacent gutter plate per Cairans Std. Plan A88A, Case C, including AC pavement replacement per detail Four Thousand ThrP - Hundred Fort; Dollars $ 4,340.00 $ 17,360.00 Per EA 6 168 Sq. Ft. Construct Sidewalk per City Standard Plan 207. @ Fifteen Dollars $ 15.00 $ 2,520.00 Per S . Ft. 7 1 EA Remove Tree and Grind 24" Below Surface @ Five Hundred Dollars $ 500.00 $ 500.00 Per EA Total Amount Bid in Words: Fifty Four Thousand Seven Hundred Ninety Four Dollars $54,794.00 Note: 4-he City will provide the power control unit and service cabinet, all signal poles, In -Roadway Warning Lights, luminairies, vehicle heads, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advace for pick up at (714) 375-5015. C-2.1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bidder's Bond in the amount of $ 10% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number 25% .C. Striping Service, Inc. 183 N. Pixley Street, Orange, CA 928 38 346095 C-32 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID a State of California ss. County Of CUge San Bernardino Kevin McCarthy , being first duly sworn, deposes and says that he or she is Secretary of Macadee Electrical Construction, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Macadee Electrical Construction, Inc. Name of Bidder of Bidder 4755 Lanier Rd. Chino, CA 91710 Address of Bidder Subscribed and sworn to before me this 29th day of April , 20 08_ *****SEE ATTACHED***** NOTARY PUBLIC C-4 NOTARY SEAL CALIFORNIA •ACKNOWLEDGMENT State of California San Bernardino I ss. County of On tll 2� 2a%8' before me, Margarita Arroyo, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public-) personally appeared Kevin McCarthy Name(s) of Signer(s) ❑ personally known to me %Xproved to me on the basis of satisfactory evidence to be the person(e) whose names} is/are subscribed to the within instrument and acknowledged to me that he/ahe/t*ey executed the same in his/hec/tlie'r authorized capacity(ies), and that by hisfher/their signature(s} on the instrument the person(e}, or the " � ARrm ARROYO entity upon behalf of which the person(s) acted, # tbo451st I executed the instrument. Notary Pubde - ccNfonda , son sernardino Comer 46commi*on NyComm.Bores Sep 8,2009 WITNESS my hand -and offici seal, Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Title or Type of C Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Kesrin McCarthy ❑ Individual CZXCorporate Officer — Title(s): Secretary ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER of thumb here 0 2004 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1-800.876.6827 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the In -Roadway Warning Lights at Bushard St. and Yellowstone Dr. (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. April 29, 2008 Date: C-S Macadee Electrical Construction, Inc. Contractor Kevin McCarthy Secretary; Operations Manager Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes XM(No If the answer is yes, explain the circumstances in the space provided. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: April 29, 2008 C-7 Macadee Electrical Construction, Inc. Contractor Kevin McCarthy Secretary; Operations Manager Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800 422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Macadee Electrical Construction, Inc. Contractor Secretary; Operations Manager Title Date: April 29, 2008 Note: This form is required for every Dig Alert Identification Number issued by USA. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Macadee Electrical Contruction, 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 April 29 2008 The following are persons, firms, and corporations having a principal interest in this proposal: John McCarthy - President Debbie McCarthy - Vice President Kevin McCarthy - Secretary; Operations Manager C-9 'The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Macadee Electrical Construction, Inc. Compan Name //Kevin McCarthy Printed or Typed Signature Subscribed and sworn to before me this29th day of April 2008 *****SEE ATTACHED***** 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 City of San Dimas 245 East Bonita San Dimas, CA 91773 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mr. John Campbell (909) 394-6270 $279,459 Radar Feedback Signs Contract Amount Type of Work 2 County of Ventura 800 South Victoria Ave Ventura, CA 93009 Name and Address of Public Agency 12/07 Date Completed Name and Telephone No. of Project Manager: Mr. Richard Herrera (805) 654-2018 $34,600 Traffic Signal Improvements 09/07 Contract Amount Type of Work 3. City of Chino Hills 2001 Grand Ave Chino Hills CA 91710 Name and Address of Public Agency Date Completed Name and Telephone No. of Project Manager: Mr. Paul Montoya (909) 364-2817 $58,323 Opticom Installation Contract Amount Type of Work C-10 08/07 Date Completed '► CALIFORNIA ALL-PURPOSEACKNOWLEDGMENT State of California County of San Bernardino On 21g Date personally appeared _ ss. before me, Margarita Arroyo, Notary Public Name and Title of Officer (e.g., 'Jane Doe, Notary Public") Kevin McCarthy IvIARGAM ARROYO Commission # 1604561 01my Notary Public - Caiifonda, San Bernardino County comm. Expkes Sep $. Place Notary Seal Above Name(s) of Signer(s) ❑ personally known to me XXproved to me on the basis of satisfactory evidence to be the person(e) whose name* is/are subscribed to the within instrument and,acknowledged to me that he/she/they executed the same in his/he;/their- authorized capacity(ies), and that by his,4ter/thetr signature(&} on the instrument the person(o, or the entity upon behalf of which the person(&) acted, executed the instrument. WITNESS my hand -and offi 'al seal. LM G Signature of Notary Publ 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 Title or Type of C Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: KOin McCarthy ❑ Individual [ZXCorporate Officer — Title(s): Secretary ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: Individual Corporate Officer — Title(s): _ Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 _ Item No. 5907 Reorder: Call Toll -Free 1-800-876-6827 GREAT AMERICAN INSURANCE COMPANY OHIO Bond No. N/A BID BOND Approved by The American Institute of Architects, A.I.A. Document No. A310 February, 1970 Edition MACADEE ELECTRICAL CONSTRUCTION KNOW ALL MEN BY THESE PRESENTS: that we as Principal, hereinafter called Principal, and GREAT AMERICAN INSURANCE COMPANY, a corporation duly organized under the laws of the State of Ohio, with Administrative Offices at 580 Walnut Street, Cincinnati, Ohio 45202, as Surety, hereinafter called the Surety, are held firmly bound unto CITY DE HI )NTINaMN BEACH as Obligee, hereinafter called Obligee, in the sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10 D OF B I D 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. IN -ROADWAY WARNING LIGHTS AT THE INTERSECTION OF WHEREAS, the Principal has submitted a bid for BUSHARD STREET AND YELLOWSTONE DRIVE OCC NO. 1329) 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 entersuch 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 APRIL 2008 In the presence of MACADEE ELECTRICAL CONSTRUCTION (Principal) (Seal) B itle MCCARTHY - SECRETARY GR AMERICAN INSURANCE COMPANY (Seal (Surety) SUSAN C. MONTEON (Attomey-in-Fact) Bid Bond F9630a 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 attorneyi n- fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the lirrit stated below. Name Address Limit of Power JAY P. FREEMAN ALL OF ALL PAMELA McCARTHY ONTARIO, $75,000,000.00 SUSAN C. MONTEON CALIFORNIA FRANCES LEFLER Th is Power o f 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 4'° day of, MARCH , 2008. Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: DAviD C. KtTCHI (513-369-3811) On this 4"' day of MARCH , 2008, before me personally appeared DAVID C. KITCHIN, to me known, being duly swom, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, die Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RES01.VED: That the Division President, the several Division Vice Presidents andAssistant 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 to the nature thereof, to prescribe their respective duties and the respective limits of their 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 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. HA YES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions ofthe Board of Directors of March I, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 30TH dayof, APRIL , 2070.8 S 1029T(11/01) t 2000 MAIN STREET OFMCE OF THE O FLYNN CITY CLERK `{ _ it. October 6, 2008 PTM General Engineering Services, Inc. 5942 Acorn Street Riverside, CA 92504 RE: CC-1329 — In -Roadway Warning Lights Enclosed please find your original bid bond for CC-1329. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure g:/followup/cashcont/returnbid bond.doc SECTION C PROPOSAL for the In -Roadway Warning Lights at Bashard St. and Yellowstone Dr. CC No. 1329 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 othercontract 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 proj ect. 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 ............ ..........lezl. >:.Est :,.� :: ; tna .;'•; ::.::.`:.:. `.:.;.I .:.:...:....:.:.: .>:...»:<;,:::::::::::`:::>:?;;::::'::::":;`':,:.:.<' ................•. •..•.•.•...•.•.•...•.•... . . >...;..:.;.:.:.:.:.`:.:.:`.. >..>.:;'::::?::::::<::::'::':::>::;: ... ......... . Prtce:Wnttenan Words :.;...; ;:,Ui.......L. In -Roadway Warning Lights-Bushard CC-1329 Street at Yellowstone Drive 1 1 LS Mobilization @ o Atr7USgnd doUatrS $ 2ODb $ Per LS 2 1 LS Traffic Control @ -two *pywynd Adam s DA 00 $ 9000 Per LS 3 1 LS Signing and Striping @ oix ft6and $ Ly000 $ 0000 Per LS 4 1 LS Install In -Roadway Warning Lights-Bushard Street and Yellowstone Drive @ -�uv� �v hr �Inousa�d $ 23, 000 $ �)3; 00 a o ctr Per LS 5 4 EA Construct curb ramp, including adjacent gutter plate per Calrans Std. Plan A88A, Case C, including AC pavement replacement per detail @ ty bo&jnd fpur huMr�l d o did r; Per EA $ 4,400 s 17, t�00 6 168 Sq. Ft. Construct Sidewalk per CityStandard Plan 207. @ s�r�V� dodaG s _7 s 117U Per Sq. Ft. 7 1 EA Remove Tree and Grind 24" Below Surface @ of o $ 0 0 $ 15-6 0 U Y l'S Per EA Total Amount Bid in Words: lboKnd 1-wo U v fi � dollmr P 1 6 '_�27U -6a Note: The City will pr©vide the power control unit and service cabinet, all signal poles, In -Roadway Warning Lights, luminairies, vehicle heads, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advace for pick up at (714) 375-501 S. C-2.1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bid Bond in the amount of $ 10% of B WjiC' Dtal 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 None per Karen at City f Huntington Beach 05/13/08 930am. C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County offer Riverside Brian Mendoza , being first duly sworn, deposes and says that he or she is Vice President/Secretary of PTM General Eng. Svcs, IAhe. party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. PTM General Engineering Services, Inc. Name of Bidder Asignnatu;'Ireof Bidder Brian Mendoza 5942 Acorn St. Riverside, CA 92504 Address of Bidder Subscribed -and sworn to before me this 13 day of May 2008 c� • ' FL(ZABc H H.M. MCRAE d���tat � i686768 � NOTARY !A i#-QAUF0RN1A .d f r�pl ASI�st Ci7U�ITY Elizabeth H.M. McRae �sYco��1,.-t1.A� ?,20 ]VOTARY PUBLIC - ��wr NOTARY SEAL C-4 ACKNOWLEDGMENT State of California County of Riverside On �/ �� fDe 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 Yh d and official seal.- �.�.,.f, r� � F i ABBE to H i. C RA NOVRY PH t Signatu &e (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 In -Roadway Warning Lights at Bushard St. and Yellowstone Dr. (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 05/13/08 C-5 PTM General Engineering Services, Inc. Con for By Brian Mendoza Vice President/Secretary Title DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from. bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes LJ No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 05/13/08 C-7 PTM General Engineering Services, Inc. Contractor By Brian Mendoza Vice President/Secretary Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is 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 Svcs., Inc. Contractor —�g By Brian Mendoza Vice President/Secretary Title Date: 05/13/08 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S 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 Mendoza of our office on 0 5 / 12 20 0 8 The following are persons, firms, and corporations having a principal interest in this proposal: Elizabeth H.Mendoza de McRae, President/CFO Brian Mendoza, Vice President/Secretary C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. PTM General Engineering Services, Inc. Signatuke of Bidder Brian Mendoza, Vice President/Secretary Printed or Typed Signature Subscribed and sworn to before me this 13 day of May , 2008 . NOTARY PUBLIC Elizabeth H.M. McRae 4 I't K i H H M MCRAE �..} ' 0 +9t V ut 3788 R n �N' COUNry ' S My G,mm. Fxa..AuG. 7, 2010 5 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: See Attached 2. 3 Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Date Completed Contract Amount Type of Work Date Completed C-10 ACKNOWLEDGMENT State of California County of Riverside ) On �����Q 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. WITNES: Signature FL174i3 'i.Mf tICt�vE F ✓ h C '9LVty Ma ' 4Ynos rxAi % a.pii (Seal) —, —1 ��. � Electrical Installation; Fiber Optic; Dry/Wet Utilities; Concrete & A4halt; Street Improvements; Project Design & Development; Public & Private Facsimile Transmittal .. ....... ...... December 17, 2007 To Whom It May Concern: PTM General Engineering Svcs, Inc. is in the process of transitioningfrom Freeway Electric, owned '100% by .Brian Mendoza, to a corporation in the State: of.-Ca'/ifi: tnlq�"': PTM: s owned by a brother and sister who have 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 80916 and Brian owns 20%). b. ' The name "PTM General Engineering Svcs, Inc. fits the scope of our work more than merely "Freeway Electric" where it is often assumed we perform only electrical ::,installation. Both companies do electrical, dry/wet utilities, fiber optic, minor concrete, ";"asphalt, 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.Vs 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 references on his quality of work, knowledge, and experience. Sincerely, PTM General Engineering Svc., Inc. Elizabeth H. Mendoza de McRae President/CFO Mailing Address: P.O. Box 7745 Riverside, CA 92513-7745 - Physical Address: 5942 Acorn St. Riverside, CA 92504 Tel No: 951.710.1000 Fax: 951.710.100612118120071211812007 ,Freeway. �le���le' P, O Qom 7745` Rio?rs de ., 9' U 45 i. FQ, ;5 7F 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 100 Civic Center Drive. Indio, CA 92201 Contact: Mr. Tom Brochard Tel.' 760.342.6500 Contract No. d Desc: T50601 TIS modifications at Madison St. Completed- 11106 Contract Amount: $153,000.00 2) City of Bellflower Attn: 16600 Civic Center Drive Rellflower, CA 90706 Contact: Mr. Paul Zwiep Tel,- 562, 804.1424 Contract No. d Desc: Spec No, 04105-03 TIS Mod. @ Bellflower Blvd. Completed., 01107 Contract Amount: $297000,00 3) Department of Transportation 1727 30+h Street Sacramento, CA 95816 Contact: Mr. Joe Obodike Tel,- 951, 830.6821 Contract No. d Desc: CDOT 08-OF4104 Lugonia Ave. Highway Ltg, In Redlands Completed, 01107 Contract Amount. $130,000,00 4) City of Newport Beach 3300 Newport Blvd. Newport Beach, CA Contact: Mr, Brad Sommers Tel, 949. 644, 3316 Contract No, 4 Oesc. #M27 05-06 T/S Upgrades on Balboa Blvd, Completed- Approx 09/07 Contract Amount. $438,000.00 P, O 04 45 Phan 9 P 1, J, a} s 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 5938 Kauffman Ave. Temple City, CA 91780 Contact: Mr. Ste ve Loriso RKA Consulting Group Tel.' 909.594.9702 Contract No. d Desc: CP P05,'06 Serena Sewer System Improvements Completed 12131106 Contract Amount: $249,500.00 2) Indio Water Authority 100 Civic Center Drive Indio, CA 92201 Contact: Mr. Dennis Weaver Tel' 760.391, 4140 Contract No. J Desc- Lateral Water Line Maintenance Completed 12131106 Contract Amount: $214,520.00 3) Watson d Associates 101 Main St., Suite A Seal Beach, CA 90740 Contact: Mr, Jim Swartz The Moote Group Tel,, 714, 751, 5557 Contract No, d Desc: Tract 17699 Dry Utility BackBone at Campus Drive, Completed-12131106 Contract Amount.$191,764.00 4) World Development 44-600 Village Court Palm Desert, CA 92260 Contact: Mr. Gary Chronister Tel, 949.606.3326 Contract No. d Desc: Tract No, 28639-1 Underground Utilities in Catherdral City Completed, 04130107 Contract Amount. $481,33700 Phase one of two. 5) City of South late 8650 California Ave, South Gate, CA 90280 Contact: Mr. Art Cervantes Tel 323, 963.5781 Contract No: 3605T Underground Utility District 7 Completed, 04130107 Contract Amount: $45,320,00 :F��ewa�� �leatr,�C P: �4'rvers'ide„ Grd'5,13 i75 Pfia�te'iv ���.. 710:.1�700 License No. 10#5;,0 Glass A, C 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 Bivd (3 traffic signals) $439, 000, 00 City of Bellflower Contact: Mr. PaulZwiep 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/SModification at Madison (2 traffic signal mod.) $153,000,00 City of Indio Contact. Mr. Taime Engler Contact No, 760,342,6500 Contract Desc•' TSO611, 7-50612, T50613 T/S Modifications at Various Loc (2 traffic signal modifications)$557,556.00 City of Carson Contact: Mr, Richard Garland Contact No. 310,952,1700 ext 1815 Contract Desc. 1141 d 1918 Left Turn Phases (2 troffic signal mod.) $81,079.00 City of Arcadia Contact: Rafael or Ramiro Contact Nor 626.574.5486 Desc: Traffic Signal Modfications (2 traffic signal mod,) $80346, 00 and $102,274 00 City of Cypress Contact; Mr, KamranOadbeh Contact No: 714,229,6750 Desc, Left turn modifications (4 traffic signal mod,) Contract; $193,563,00 Brian Mendoza 11080 Kay Jay St. + Riverside, CA 92503 + 951-712-5767 + Brian@mbe-hlj.com Objective Chief Executive Officer and Supervisor of Outside Operations Qualification Summary • Supervisor of outside operations with over 18 years of experience; • Electrician with over 20 years of experience; • An effective communicator and team leader; • Experienced in coordinating and executing large and fast -paced projects; Personal Experience High Light EIectric Inc. 10/1996-present Riverside, Ca • Chief Estimator (0 5/2 005 -present) o In charge of managing the estimating department and finalizing bid packages; o Coordinating the beginning phase of an awarded project between the company and agency or prime contractor; ■ Project submittals; ■ Contract review. o Successfully bid on projects totaling $12 million with an average spread of 6%; • Area Supervisor (10/1996-05/2005) o Coordinated and managed 10 crews consisting of 6 members per team in the Southern California region; o Handled various sized projects ranging in size from $1,000 to $4.5 million dealing with dry utilities, wet utilities, traffic signals, and road improvements; ■ Please view attached document listing HLE projects. o Maintained coordination between High Light Electric Inc. and subcontractor, general contractor, and project owners; o In charge of handling project's administrative work; ■ Monthly progress estimates; ■ Project progress schedules; • Material requisitions; ■ Contract change order negotiations; ■ Equipment purchase and rentals. MBE Electric Inc. 10/1988-10/1996 Riverside, Ca. Vice President and Head of Outside Operations (10/1988-10/1996) o Managed outside operations for all projects ranging in size from $1,000 to 2.5 million; Headed an around the clock electrical crew and coordinated with CC Meyes to repair the I-10 Santa Monica Freeway after it collapsed during the 1994 Northridge Earthquake to complete the fast paced project in 66 days ; - Brian Mendoza 11080 Kay Jay St. + Riverside, CA 92503 + 951-712-5767 + Brian@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; 9 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 + 95 t-712-5767 + Brian@robe-lilj.com Languages English (Native); Spanish (Fluent). Awards Received • Recipient of the U.S. Small Business "Young Entrepreneur of the Year" Award in 1996, nationally; • Recipient of the Certificate of Recognition by the City of Los Angeles for "Small Business," in 1997; • Recipient of the Certificate of Recognition by the City of Riverside for "Small Business," in 1997; • Recipient of the Certificate of Recognition by the State Assembly, Assemblyman Mr. Rod Pacheco, for the "Top 500 Inland Empire Small Business," in 1997; • Ranked among the "Top 500 Inland Empire Hispanic Owned Companies" since 1997; • Certification of Appreciation for our participation in the Rebuilding of the - Aftermath of the Northridge Earthquake in 1994; • Certificate of appreciation for participation and maximization in the "Century Freeway Affirmative Action," by CFAAC. Brian Mendoza 11080 Kay Jay St, + Riverside, CA 92503 + 951-712-5767 + Brian@mbe-hlj,com Professional and Personal References Caltrans Project #07-1224U4 (Electrical contract amount is $4.5 million) Project completed in 2005, -Description of project: Installation of traffic signals, ramp metering, sign illumination, highway lighting, fiber optic communication, and electrical irrigation along the I-10 Freeway in Los Angeles County. o Doug Dawson- Project Manager for prime contractor, Balfour Beatty, Cell: (949) 232-3276 and Office: (909) 397-8040. o Patty Galvan- Resident Engineer. Office: (909) 594-4270. o Veronica Ross- Electrical Inspector. Cell: (714) 606-6311 City of Redlands Contract# 208300-7230/41008 (Electrical contract amount is $218,800) Project completed in 2003. -Description of project: Installation of traffic signals, modification of ramp metering, lighting and sign illumination. o Bill Hensley- Senior Civil Engineer- Office: (909-798-7586 ext. 2 o Juan Olvera- Project Manager for general contractor, H&H Construction- Cell: (951) 453-7712 and Office: (909) 473-7331. Caltrans Project# 08-4567V4 (Electrical contract amount is $938,238) Project completed in 2005. -Description of project: Installation of lighting system along the I-15 Freeway in San Bernardino County. o Gary Vogel- Project Manager for prime contractor, Granite Construction. Cell: (661) 549-3953 and Office: (661) 726-4447 Sanbag Projects Segment 1,2,3, early segment 9, Segment 9, and Alder Ave. (Total electrical contract amount was $3.2 million) Projects completed in 2004. -Description of projects: Installation of traffic signals, ramp metering, sign illumination, highway lighting, fiber optic communication, and electrical irrigation along the I-10 Freeway in San Bernardino County, o Harold Lands- Sanbag Contract Manager- Cell: (760) 802-7730 and Office: (909) 875-8029 ext. 213 o Tim Hanable- Caltrans Inspector- Cell: (951) 712-0021 o Al Ortega- Project manager for prime contractor, Yeager Skanska- Cell: (714) 240-5333 Brian Mendoza 11080 Kay Jay St. + Riverside, CA 92503 + 951-712-5767 + Brian@mbe-hlj.com City of Indio Project# STO137 (Electrical contract amount was $1,4 million) Projects completed in 2005. -Description of project: Installation of street lighting system, traffic signals, electrical irrigation, and dry utilities. o Gary Baxter -Area manager for prime contractor, Yeager Skanska Construction- Cell: (909) 721-9749 and Office: (760) 343-5472 o Tommy Young -Project Manager for prime contractor- Cell: (951) 232-6618 and Office: (760) 343-5472 o Mehran Sepehri-City Engineer- Cell: (760) 250-2201 Additional Professional References: o Zale Harris- Caltrans inspector- Cell: (951) 289-0047 o Ray Robles- Caltrans area supervisor- Cell: (909) 799-0646 (For federally funded projects, use this following page) BIDDER'S CERTIFICATION* HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or Will hire no new employees in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. Thiscertification shall apply to the prime contractor's sub -contracts related to this project. Contractor: : PTM General Engineering Services, Inc. Contact Person: *-E1 i e H . Mendoza de McRae Contact Phone: 1. 7�0.1 00 Signed: Date: 05-/112/08 4� *Note: The above certification is rjquired-""bvy,tile Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by the bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). Previous non-compliance with Section 3 could result in disqualification. C-11 Local Assistance Procedures Manual PS&E Checklist Instructions EXHIBIT 12-E Attachment C (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH AREA PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION PTM General Eng. Services Inc. The bidder ,proposed subcontractor , hereby certifies that he has X , has not_, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering'agency,'or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Page 12-79 LPP 01-04 March 15, 2001 Entire Form Not Applicable Local Assistance Procedures Manual PS&E Checklist Instructions DISCLOSURE OF LOBBYING ACTIVITIES EXHIBIT 12-E Attachment G I.VNll'Ll;1r. 1t11J fUKM LU UiSGLU5b LV15tSr1N l7 A1:11V111J;5 YUKJ UANI TU 31 U.S.C. 13�1 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract Fla. bid/offer/application 1-1 a. initial N/A b. grant N/A b. initial award b. material change c. cooperative agreement c. post -award N/A d. loan For Material Change Only: e. loan guarantee year quarter_ f, loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Prime Subawardee Tier , if known N/A Congressional District, ifknown 6. Federal Department/Agency: N/A 8. Federal Action Number, if known: N/A 10. A. Name and Address of Lobby Entity (If individual, last name, first name, MI) N/A N/A Congressional District, if known - 7. Federal Program Name/Description: N/A CFDA Number, if applicable 9. Award Amount, if known: N/A b. Individuals Performing Services (including address if different from No. 10a) (last name, first name, MI) N/A (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) SF1 actual planned a. retainer b. one-time fee 12. Form of Payment (check all that apply): C. commission ❑ a. cash d. contingent fee N/A ❑ b. in -kind; specify: nature a deferred N/A value L_Jf. other, specify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated ' N/A (attach Continuation Sheet(s) if nece sa 15. Continuation Sheet(s) attached: Yes 11 No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature: was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. e t H . M . MCRae Print Name: 1352. This information will be repotted to Congress semiannually and will be available for public inspection. Any President/CFO person who fails to file the required disclosure shall be subject Title: _ to a civil penalty of not less than S10,000 and not more than 951.710 . 1 2 / 12 / 011 $100,000 for each such failure. Telephone No.:ate: Federal Use Only: 6LWIard roan LLL Kcv. U9-12-97 Authorized for Local Reproduction Standard Form - LLL Page12-87 LPP 01-04 March I5, 2001 EXHIBIT 12-E Local Assistance Procedures Manual Attachment G PS&E Checklist Instructions INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVTfIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action. 2. Identify the status of the covered federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, State and zip code of the prime federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example_, Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. Page 12-88 March 15, 2001 LPP 01-04 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment G 14. Provide a specific and -detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-lnstuuaions Rev.06-04-90%FNAIFn Page 12-89 LPP 01-04 March 15, 2001 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 ------------------------------------------ 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 IN -ROADWAY WARNING LIGHTS AT THE INTERSECTION OF BUSHARD STREET AND YELLOWSTONE DRIVE CC NO.: 1329 (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 13th day of May 2008 (Witness) (Witness) PTM GENERAL ENGINEERING SERVICES, INC. (Principal) (Seal) �j1'(Gil1 N% dtR� (Title) YJCQ MS. COMPANY T.MLLICK, 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 ACKNOWLEDGMENT State of California County of ORANGE On May 13, 2008 before me, JENNIFER C. GIBONEY, NOTARY PUBLIC (insert name and title of the officer) personally appeared YUNG T. MULLICK who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. N �'kr JENNIFER C. Qllltt)NEY COMM, 01797064 X NOTAW RK10 CAUFORMA X ORANGE COUNTY CA My Carem>,13;lm MAY z 2ot2 � Signature (Seal) POWER OF ATTORNEY FOR DEVELOPERS SURETY AID INDEMNITY COMPANY INDEMNTTY COMPANY OF CALiFORNfA PO BW 19725, IRVINE, CA 92ti23 (W) 263-3300 KNOW ALL MEN BY THESE PRESENTS OWV.. except as expressly limited, DEVELOPERS SURETY AND INDEMNITY, COMPANY and IW)EMVITY COMPANY OF CALIFORNIA, do each, hereby make, corWilule and -appoint n ***Yung T. Mul lick, lames W. Moilanen; Jennifer Giboney, Frances Lefler, jointly or severalty*** as their We and iarand Attaney{s)-la-Fact, to make, a mft defn+er and adwoMedge, for and on behalfsaid omporatons, all sureties. bands, undertakings and contracts of sWety- ship giving arid g craft tuft sadA#omey(s)in-FactW power and acuity to do and to team awry act necessary, requisite orProperto be dare in corxtectim 1weWth as each of said corporations could do, but reser ft to each out said emporatiorns full power of substituion and revocation, and all of Ice ads of said Altomey(s)4n-Fad, pursuant to these presents, are hereby ratified and conkmed. This Power of AtkMW Is geWW and is strived by facsimile under and by set wly of the fdi%*V resoMom adopted by the resp'Sctive Board of Directors of DEVELOPERS SURETY AND iNOEMNIItY COMPANY and NJOM17Y COMPANY OF CALIFORMIA, effective as of January 1st, 2008. RESOLVED, that the other am of the Board, the President and any Vice President of the corporation be. and that each of than hereby is, authorized to execute Powers of Attorney. WaMy6rg the afro MAS) narned in the Powers of Attomey to execute, on behalf of the corporations, bonds, unde tal fts and contracts of suretyship: and t* the Secretary or any Assistant Secretary of the corporations be, and each of heret:y is, authorized to atkest the execution of any mKbPoner out AbW, RESOLVED, FURTHER. that the Strohm of 00 offices may be affixed to any suds Power of Attorney or to arry certi cate mlA% tweto by facsimile, and any such Power of Alt orney or certtcate bearing such facsimile Strohm Stoll be valid and binding g upon the oorpaafions Mari so affixed and in the future Wlh respect to any bond a nderlaking or oahtad of Suretyship to which it is ached. IN WETNESS WHEREOF, DEVELOPERS SURETY AND INmwrTY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have Severally caused these presents to be stried by then respective Vice President and aftested by their respective Assisted Secretary this January 1st 2008. s sr. pAAf Y SMpfherr T Make Senior lffce Phasic BY" n s ax ,� rsaT Charles L. Day. Assistant Secretary �e State Of California County of orange on January 1 st 2tf08 gore me, _ 42hristopber 3, arch, Nin Public Date Here Insert Name andTids of the Offer persahaliY appeared _ Stephen T. Pate and Charles L. Day Name(s) of Signers) Place Notary Seal Above who prayed to me on the basis of satisfactory evidence to be the persons) whose name(s) Irian subscribed to me %9* instrument and acfurohaledged to me that heishelUtey executed the same in hisihentheir authorized dies), and that by hisihed** signalure(s) on the Instrument the perm(s), or the entity upon behalf of which the persons) acted, executed the rtutrcrment. I cehdfy under PENALTY OF PERJURY under the caws of the State of Cairomia that the foregoing paragrafbh is true and correct WETNESS my hand and.5val seal. Signature ChriaiWJ. Roach CERTIFICATE The undersigned, as Assisutrht Secretary, of DEVELOPERS SURETY AND INDEWITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does hereby certify that the foregoing Power ofArar py remains in full force and has not been revolted, and furtrermore, tth* the prottisiahs of the resolutions of the respective Boards of Directors of said corporations set forth in tiro Power of Attorney. are in forge as of the data of this Certificate. This CertAcuib3 is executed in the City of kvthe, California, the 13 der` of MAY 2008 By:Z �� 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 my ha d a' d official seal. �, { ;, �i f=;� c ,} , r` 1,880768 l') 1 ' � v/ d 1E C 3il Tf io-1V C.+d.n. -.)I a.i EX -. Signature (Seal) '`""'-- -14 2000 MAIN STREET a F THE CITY CLEF N, JOAN L. FLYNN CITY CLERK October 6, 2008 Ramilan Electric, Inc. 1915 W. Ball Rd. Anaheim, CA 92804 •.• _1 1• • Enclosed please find your original bid bond for CC-1329. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure g:/followup/cashcont/returnbidbond. doc R E 2008 MAY 13 PM 1: 57 HUtP Tl 'C" E A C H In -Roadway Warning Lights Bushard St. and Yellowstone Dr. CC No. 1329 City of Huntington Beach City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 SECTION C PROPOSAL for the In -Roadway Warning Lights at Bushard St. and Yellowstone Dr. CC No. 1329 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 I accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ 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). RAier -,hall -,iunifv receinf of all Addenda here_ if anv Addenda No. Date Received Bidder's Signature N C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class 5Q Q e\AVt , ue.V\ oa �A� 5 C-3l By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 PROJECT BID SCHEDULE ........ . ...... ........ I ........ ....................... ... . . ....... .. . .... ........... ..... ..... ttetii:::No::: .aagti .: »::: ::Item:Vl'it1i:Uit Price Written ii:ords :: >:: : > t r ::Unt .]<' .tce........Ex .................. .. te:: e::: ..nd..d..�rttount ....................... In -Roadway Warning Lights-Bushard CC-1329 Street at Yellowstone Drive 1 1 LS Mobilization @ $ �, • SOS% . $ Per LS 2 1 LS Traffic Control Per LS 3 1 LS Signing and Striping @ $ �.SOO $ �= Per LS 4 1 LS Install In -Roadway Warning Lights-Bushard Street and Yellowstone Drive @ $ 3 0 $ 3 Per LS 5 4 EA Construct curb ramp, including adjacent gutter plate per Calrans Std. Plan A88A, Case C, including AC pavement replacement per detail @ $ Apo $ l b,1310rj.`- Per EA 6 168 Sq. Ft. Construct Sidewalk per City Standard Plan 207. @ $ �• $ t.0g2 " Per Sq. Ft. 7 1 EA Remove Tree and Grind 24" Below Surface @ $ q $ Per EA Total Amount Bid in Words: Note: The City will provide the power control unit and service cabinet, all signal poles, In -Roadway Warning Lights, luminairies, vehicle heads, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advace for pick up at (714) 375-5015. C-2.1 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange O CCMN , being first duly sworn, deposes and says that he or she is j lD 1"; (V I of 9—W i 1, ftl C—1 6G'TKj C, IN C-the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature &PhiWr jgjg W L- R.D-TL Nl-\1-IJE W, CA Address of Bidder 12gC) Subscribed and sworn to before me this pL day of 5200 NOTARY PUBLIC «� SAID 6ESHIR COMM. #1698213 NOTARY PUBLIC • CAURORNIA ORANGE COUNTY MY COMM. Expirds OO►Ober !, 261® NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the In -Roadway Warning Lights at Bushard St. and Yellowstone Dr. (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. r Daite PLAU I l-CUtSfiF-i c- , PJC Contractor kIm NGU1+C�N By Title C-s DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes `ElJ No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: S- I"- - 0 q RA ILAT I&CCC-f-9ic, rIVC. Contractor kim N64YW By Fkeg Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this, form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert. Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: P-Wii,AN CL.Ec-TR1C-, 10G Bidder Name jg1 s Business Address City, State Zip qql- Number C-ro gogqo5- State Contractor's License No. and Class Original Date Issued 3 � � 4010 Expiration Date The work site was inspected by of our office on 5' , 200,? The following are persons, firms, and corporations having a principal interest in this proposal: l�GLM - LO qN 1W-VYEIV P1Z0iPCNr &A&J; & - tZ4vu-�-D v, Psiv l C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Puwt--,qN Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this — day of , 200_ NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 2. 9J Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work C-10 Date Completed Date Completed Date Completed VD919 INSCO INSURANCE SERVICES, INC. inscqh1C0 Underwriting Manager for: o l Developers Surety and Indemnity Company Indemnity Company of Califomia 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 BID BOND BOND NO. 2360 KNOW ALL MEN BY THESE PRESENTS, That we, Ramilan Electric, Inc. as Principal, and Indemnity Company of California a corporation authorized to transact a general surety business in the State of California as Surety, are held and firmly bound unto __City of Huntington Beach (hereinafter called the Obligee) in the full and just sum of TEN PERCENT OF 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 In roadway warning lights 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 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 2th day of _ May 12008 r� Tan Etri Inc. Indemnity Company of California Surety Jwi By: �--� ro vero,V.President Principal Les M. Mantle -Attorney-in-Fact ID-1198 (Bid Bond) (REV. 1/01) CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT W �a.�,t.::\�..c]a..c�v.� - s��„cay.�v� <. • �. �.�..'�...����a„1�n�w s�, rtA= �. � �.. '� �].��ic�v a �a,.ca. �3�a �. �. �. _ s�. State of California County of Orange On 5 -12 - Og before me, Mary Martignoni - Notary Public Date Here Insert Name and Tide of the Officer personally appeared Les M. Mantle Names) of Signer(s) MARY MARTIGNONII .� COMM. ## 1761251 NOTARY PUBLIC - CALIFORNIA?2 ' ORANGE COUNTY My Comm. Expires Sept. 9, 2011 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 re Place Notary Seat Above Signatur o1 No 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: Les M. Mantle Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — O Limited ❑ General _ * Attorney in Fact 1119111 ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: _ Signer Is Representing: Indemnity Company of _ California 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 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA.92623 (949) 263.3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Les M. Mantle*** as their true and lawful Adomey(s)4n-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations fut power of substitution and revocation, and at of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the atomey(s).named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. Y �*' ANn rya o 0� Stephen T.Pate, Sepia Vice President _ �J� o¢PORgr� y; h� GD POq ry 3� OCT. ;<= 2 = OCT.5 By: eot. 10 .o to1987 Charles L. Day, Secretaryz s, 1 S $ 6 Y OWA,�`aaaT� Py �'9Cff 0Q�\Pd� State of California County of Orange On January 1st, 2008 before me, Christopher J. Roach, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thew authorized CHRfSTOFHEFi . ROAI;}! capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted; executed the instrument. COMA- # 1746939 NOTARY PUSLIC€ CALIFORNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGtrue and correct. ow oorrm wh> w May 19, 2Q11 WITNESS my hand and offi 'al seal. Place Notary Seal Above Signature Ch ' er J. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 12 day of May , 2008 By: Albert HThebrand, Assistant Secretary ID-13WMet)(Rev.07/07) 2000 MAIN STREET OFFICE OF THE U TY CLERK JOAN L. FLYNN CITY CLERK October 6, 2008 Republic Its 371 Bel Marin Keys Blvd., #200 Novato, CA 94949-5699 RE- CC-1329 — In -Roadway Warning Lights Enclosed please find your original bid bond for CC-1329. Sincerely, JF:pe Enclosure glfollowup/cashcont/returnbid bond. doc IVIE 2008 MAY 13 PIS 1: 58 c rr, °t 0F" HumITING ON FE %CFI SECTION C PROPOSAL for the In -Roadway Warning Lights at Bushard St. and Yellowstone Dr. CC No. 1329 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 .. .......:>✓ :.t st m ated .................................. ­­ .......... . ::::::::::::::::::::.:.:.::.:::::::::::::...........­..... 1.1 ::::::::::::::::::::::::: ..... :::::::::::::::::: ::::::::......... ::::::::::::.... Quantity. Pricc:Writtei:iti:Ward:::::::::::::::::::::YJnt.PK�ce.... t ;:::::: :: � : : .�xt..nd.. A."kount: In -Roadway Warning Lights-Bushard CC-1329 Street at Yellowstone Drive 1 1 LS Mobilization @ or\2 AAoysay.d rhoIla'is 10C>060-0 $ $ 10L-*.°0 Per LS 2 1 LS Traffic Control @ 4%fa_-L "l\oU500%d A0110.lS $ 3,Oob.0 $ 3, oco,00 Per LS 3 1 LS Signing and Striping @_ s\x 4"6ousan j A.11cors $ (0 000.00 $ 6 000.0, Per LS 4 1 LS Install In -Roadway Warning Lights-Bushard Street and Yellowstone Drri-veI @--l1�V\.*M Q�v��h�y50.n� $ o_ oc>0,0 $ Qq 000 ­0o Lla ✓s Per LS 5 4 EA Construct curb ramp, including adjacent gutter plate per Calrans Std. Plan A88A, Case C, including AC pavement replacement per detail @ r0VrTk,U_'1lr.d Fovr Uy,ndred $ q,qoo,00 $ 1-4,(ocuOr°1> t7o lla,rs Per EA 6 168 Sq. Ft. Construct Sidewalk per City Standard Plan 207. Per Sq. Ft. 7 1 EA Remove Tree and Grind 24" Below Surface @ -h,Jo -O.ou Sai,,d do Ilars $ a—��O �J $ Per EA Total Amount Bid in Words: Fi 41, 5C je ,.—(hp1).Sa" d SQ e-),.y)NA r2 x l)a 11 ays Note: The City will provide the power control unit and service cabinet, all signal poles, In -Roadway Warning Lights, luminairies, vehicle heads, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advace for pick up at (714) 375-5015. C-2.1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find �,;dder5 1?;.Y%d in the amount of'� 10°76 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: Bidder's C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class cvrb o2'Jgos C k r.�, Sui+a m-3 4 833 A J CA-L ylo5s hJv +r C1r. 3U By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange anw_J` A • � '^' " , being first duly sworn, deposes and says that he or she is Era i of Zp y % t i C 1 TS the parry making the foregoingYid that the id 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. J LWe.s R. Wo.ane r Name of Bidder r'-� & 0'_ - nature of Bidder 93-41 9 e9 -3e.1 Ma�'v. %e�S '61�1. Now, 9Yyy9 Address of Bidder Subscribed and sworn to before me this day of NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the In -Roadway Warning Lights at Bushard St. and Yellowstone Dr. (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: Slu ID $ 'Repulnlic. Tn�D_11ic321n{ �rohs0��r+oii $�r� ice s=n c Contractor C-s CALIFORNIA _s^�S�S�a`�S�Ss�S..�S�S��.✓.:i•�S�Ss��,•�S�S..vs�S..aS�S�S��.•s�S�a.•.��.�c�.S✓..�Sw�S.�S�S!:�.,.�S�S�Ss�Z!�S�S�.'..^., XSee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 State of California County of warlP1 Signature of Document Signer No. 2 (if any) Subbjscribed and sworn to (or affirmed) before me on� this day of / 4,—Z i 20 OOp, by Date M nth Year (1) c7dmeS A • hla�nw.r Name o igner MEGAN KEEN. proved to me on the basis of satisfactory evidence Commisslon * 17143" to be the person who appeared before me (.) (,) -ai Notary Public - Califon" Morn County (and cony,. .tan 2011 (2) Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signature Signature of Notary Pub' Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached �Document [A -� �j1 I Title or Type of Document: � (6 1 14Sl V r t r~T \ r`J"t Document Date: -9-- Number of Pages: / Signer(s) Other Than Named Above: M RIGHTTHUMBPRINT RIGHTTHUMBPRINT OF SIGNER #1 OF SIGNER #2 op of thumb here of 'it .-1.�a ti. .\ DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 51L# /Q8 1 ewbIIC j-n4eTrnnsc tiorh0% SeN Contractor JOLVAe5 A. \� aQinet' V.P. Ena;neerinq Title J C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title , - Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: ublicTn}��,1P��r��s�Y+a_tioe_ Bidd r Name 3-41 aF+Ro_i Hn.-)r, KO��S Alvd.� t9 Business Address NoJA+d Ca. ggqq9 City, State Zip (yt5 ) 88 Telephone Number -#L(oq-11'S4 — is Cip C M - Cul /])3� State Contractor's License No. and Class (_pIq%aga Original Date Issued Expiration Date The work site was inspected by NeyvG!rayas, of our office on 14a,4 S , 20os The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Rp-%Q ln\► c jn"'! a "t�aV\-. �' 0-+i 0,n &ry iC.e.s me c Company Name —� Aal- 014q of Bidder Printed or Typed Signature Subscribed and sworn to before me this _ day of 200_ IC 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. 0, Name and A [.T-r-1n moor of Public Agency . '150 Name and Telephone No. of Project Manager: ]Do,ye— l'o285 -44. A41 0° =���a`�Q+� o� oPr Uakwd eYossw J V + Contract Amount Type of Work Date Completed f,� C,,(Oy\a- yoo Sy►r +;o. A.n Corona Ca. gasaa e Namand Address of Public Agency Name and Telephone No. of Project Manager: GGA 8 r kQ-\ y4 8 00 Contract Amount Type of W 3. CI'+j4 o T O nq r "�05\4S1,i' Name and Address of Public Agency q 3030 Date Completed Name and Telephone No. of Project Manager: So�e-y A e I mah K Contract Amount Type of W C-10 Date Completed CALIFORNIA JURAT WITH AFFIANT STATEMENT ;��!s�.aS!:���-aC,�-�•.,ays�.�a,�i'�4/_-a�4��.,s�4��!�S.�C�� sa��a!s��S ..2.` ...�4�.`�•!��C��G�R��,�S a �,T�.._ XSee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) 3 Signature of Document Signer No. 1 State of Californiajd �/� /� � County of ► �' ( h ME= KElty Commission # 17143" .,; Notary Public - California Morin County Comm. Jan & 2011 Place Notary Seal Above Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this 6 day of Mvd 20 by Date �A� th Year Name of Sign proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and Name of Signer proved to me on the basis of satisfactory evidence to be the perso-ri who appeared before me.) Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: �G Document Date: Number of Pages: / Signer(s) Other Than Named Above: M RIGHTTHUMBPRINT RIGHTTHUMBPRINT OF SIGNER #1 OF SIGNER #2 Republic ITS 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 619.562.1104 Fax 619.562.1125 9932 Prospect Avenue, Suite 134 Santee, CA 92071 BOSTON • DALLAS • Los ANGELES SACRAMENTO • SAN DIEGO • SAN FRANCISCO 40HUMB Bond No. That we, n/a CHUBB GROUP OF INSURANCE COMPANIES Surety Department, 15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061-1615 Phone:908-903-3497 Facsimile:908-903-3656 BID BOND FEDERAL INSURANCE COMPANY Amount Know All Men By These Presents, 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 May 13th, 2008 WHEREAS, the Principal has submitted a bid, dated 5/13/08 for: In -Roadway Warning Lights CC No. 1329 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 Intelligent Transportation Services, Inc. k. ink c��f FEDERAL INs� RANCE C PANY By: '`"f/ jtC Attorney In Fact , Kelly Holtemann Form 15-02-0002(Rev. 11-99) ACKNOWLEDGMENT State of California County ofMarin On 5/13/08 before me, J. DeLuca, Notary Public �z______ (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(s) whose name(s4 is/afe subscribed to the within instrument and acknowledged to me that -he/she/" executed the same in +isYher/thc* authorized capacity(4er+ and that by 44te/her/their signature( - on the instrument the person(a), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature.-�_ J. DE LUCA C ABM. # 1521691 S N NOTARY Puf3uC-CALIFORNIA 0 SONOMA COUNTY -� My Con}m. Expires Oct. 24, 2008 (Seal) Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety OF 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. amilton, Kelly Holtemann, Thomas E. Hughes Srtanley D. Loar, Ma M. Munekawa, Jeffrey W. Parkhurst, Yvonne Roncagliolo and Charles R. Shoemaker of San Vrancisco, California-------__.___.__�_____________._______�______ each as their true and lawful Attorney- in- Fact 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 the 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. Assistant Secretary . Norris, Jr., Vice Pre ' nt STATE OF NEW JERSEY County of Somerset ss. 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 duty 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 seats 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 B. 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 deponent's presence. Notarial Seal _ sit"6. WIADT NOTA F? y -�� Notary "No. Z321 o97� b ey "UBL►G Commission Expires Oct. 25, 2009 Notary Public dFO' 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." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the *Companies) do hereby certify that (i) the foregoing extract of the By- Laws 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 �utunr� ,syheunn �sh�h^MCEo rNOUN► Ns\ feW YOat May 13th, 2008 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: surety@chubb.com Form 15-10- 02258- U (Ed. 5- 03) CONSENT City of HuntingtonBeach 2000 Main Street o Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 6, 2008 Steiny and Company, Inc_ 12907 E. Garvey Ave. Baldwin Park, CA 91706 RE: CC-1329 ® In -Roadway Warning Lights Enclosed please find your original bid bond for CC-1329. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cit`c�sQ°��{��Oca�a(5o�nre"t r, ���c��o New Zealand (Telephone: 714-535-5227? R F 0 F,- IVED ­ 1�­ 2008 MAY 13 PM 12: 50 y 0-- HU4M1`13'T0i",1 BEACH City Clerk's Office City of Huntington Beach 2000 Main Street Huntington Beach, Ca 92648 "SEALED BID" For IN -ROADWAY WARNING LIGHTS AT BUSHARD ST. and YELLOWSTONE DR. In the City of Huntington Beach DO NOT OPEN WITH REGULAR MAIL 'Z:30P.Al. Bid Time: 2-60-P.M. Bid Date: Tuesday May 13, 2008 0) SECTION C PROPOSAL for the In -Roadway Warning Lights at Bushard St. and Yellowstone Dr. CC No. 1329 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 ' >�o: >: ' .uantk � .: :<�: Il;eiii :Vhitfia>iiit Price:Writted i�i:�ari..c�::::�>:�..nd..d.�, t: ' r '•' ::::;' :::: E:' iit .flt ou In -Roadway Warning Lights-Bushard CC-1329 Street at Yellowstone Drive 1 1 LS Mobilization @ V%\a.. A'J'& Qa11�-S ad 00 $Soo . dam, $ Soo _ Per LS 2 1 LS Traffic Control Per LS 3 1 LS Signing and Striping @ v Fus Nvnc�c �( $ `i 5 o0 $ —G� perp`` F�SN `Ca�h� �lAW4 �- C"/1a a Per LS 4 1 LS Install In -Roadway Warning Lights-Bushard Street and Yellowstone Drive Per LS 5 4 EA Construct curb ramp, including adjacent gutter plate per Calrans Std. Plan A88A, Case C, including AC ` pavement replacement per detail 11 AID v n�Jj $ r� ct dc� / u S $ 1)'Soo Per EA 6 168 Sq. Ft. Construct Sidewalk per City Standard Plan 207. @ E���,� Aollt,.rs •— rev $— $ `. Per Sq. Ft. 7 1 EA Remove Tree and Grind 24" Below Surface OU Per EA 11 1 � Total Amount Bid in Words: i.t��1•, One.,-TI'o�1awl FOur AU'Artl Ftl3a'g •T(►J �ug_ 11U3 0L> v71�b Li `63 0 c7 Note: The City will provide the power control unit and service cabinet, all signal poles, In -Roadway Warning Lights, luminairies, vehicle heads, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advace for pick up at (714) 375-5015. C-2.1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 31OVOS min the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class C" 35 6 A Sua►1 711j1OAAn 4 A By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 5 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. STEINY AND COMPANY, INC. Name of Bidder Signature of Bidder Richard Tesodero, Mce Presidsl STEWY AKIO COMPANY, INC. 12�107 F� -- Covey Avarur P.O. Box 8100 Address of Bidder, ' Subscribed and sworn to before me this day -of , 20 _ �e NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the In -Roadway Warning Lights at Bushard St. and Yellowstone Dr. (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 3ar",3 STEINY AND COMPANY, INC. Contractor By Title Pichard Tesuft Vice Presided C-s JURAT WITH AFFIANT STATEMENT State of California County of Los Angeles ss. ❑X See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer(s), not Notary) 1 2 3 4 5 6 7 1O�AGAYYU C. unP� nr� Comm #► 163314M ■ ice► Plijbilc - CoNam o Los Ang0a, Cou* .MYCOM.6 .Wrt 12. 201 Place Notary Seal Above Subscribed and sworn to (or affirmed) before me this 13th day of May Date Month 2008 , by Year (1) Richard Tesoriero Name of Signer(s) (2) Name of Signer(s) proved to me on the basis of satisfactory evidence to be the persono who appeared before me. SI n to a of Noraty 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. Further Description of Any Attached Document Title or Type of Document: Non -Collusion Affidavit - City of Huntington Beach Document Date: Signer(s) Other Than Named Above: Number of Pages: Top of thumb here r DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, .State or local government project because of a violation of law or a safety regulation? ❑ Yes - ANo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE v Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: MA- 13_r 500Y MINY AND COMPANY, INC. Contractor IC Title Richard Tesodem, Vim Resident C-7 fA 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: W-3 S f- �G ,A eat s Date: MAM 1 OCR' STEINY AND COMPANY, INC. Contractor Pichard TesxW% Vice President Title Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name G ;+ "" AN") COMPANlY, ""C. Business Address Baidwin PUR, City, State Zip 9 6) In g - 999-3 Telephone Number Stdo A Umftft M273 C►k"A1,%W&C-10 State Coritradtor's License No. and Class Original 1154 e Issued ht1 31 c Expiration Date The work site was inspected by(\IV-i H-ffEWftJ of our office on A C , 20 Og The following are persons, firms, and corporations having a principal interest in this proposal: INc,. C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. STEINY AND COMPANY, INC. Company Signature of Bidder Richard Tesoriet'i) Printed or Typed Signature Subscribed and sworn to bef me this , day of , 200_ NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 2. a Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work C-10 Date Completed Date Completed Date Completed JURAT WITH AFFIANT STATEMENT State of California County of Los Angeles ss. ❑X See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer(s), not Notary) 1 2 3 4 5 6 7 --" Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me this 13th day of May Date Month 2008 , by Year (1) Richard Tesoriero Name of Signer(s) (2) Name of Signer(s) proved to me on the basis of satisfactory evidence to be the person(ts'f who appeared before me. Place Notary Seal Above ZeL/ / O , Z7- 1/jamSighafure of Noraty Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: Proposal - City of Huntington Beach Document Date: Signer(s) Other Than Named Above: Number of Pages: r („RIGHT THUMBPRINT��;z OF"SIGNER #2 `- p Top of thumb here Owner Project Location Valuation Contact Person Telephone No. Owner Project Location Valuation Contact Person Telephone No. Owner Project Location Valuation Contact Person Telephone No. Owner Project Location Valuation Contact Person Telephone No. Owner Project Location Valuation Contact Person Telephone No. Owner Project Location Valuation Contact Person Telephone No. Major construction projects in progress as of this date: City of Santa Monica FY 2005 Street and Park Liqhtinq Proiect (SP1970) (310) 458-8721 Los Angeles County Metropolitan Transportation Authority Goldline John Yen (323) 980-2504 Construction projects completed as of this date: County of Los Angeles Inglewood Avenue, ET AL TSM0010152 $662,222.00 Cliff Craig (626) 458-5100 City of Beverly Hills Phase III Residential Street Lighting Improvements 977.00 Chris Theisen (310) 285-2504 More Available upon Request THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document M10 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we STEINY AND COMPANY, INC. 12907 E. Garvey Avenue (Here insert full name and address or legal title of Contractor) Baldwin Park, CA 91706 as Principal, hereinafter called the Principal, and SAFECO INSURANCE COMPANY OF AMERICA SAFECO Plaza (Here insert full name and address or legal title of Surety) Seattle, WA 98185 a corporation duly organized under the laws of the State Of WA as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal tale of Owner) CITY OF HUNTINGTON BEACH 2000 Main St., Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of 10% of Amount Ten percent of amount bid. Dollars ($ Bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) In -Roadway Warning Lights, CC No. 1329 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 9th day of May 2008 (Witness) (Principal) (Seal) _T rr;n.t SAFECO INSURANCE COMPANY OF AMERICA (Surety) (Seal) Jam6Kepner (Witness) Rhonda C. Abel (Title) Attomey-in-Fact AIA DOCUMENT A310. 810 BOND • AIA 0 • FEBRUARY 197o ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 i CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles ss. On May 13, 2008 before me, Gayle C. Kappelman, Notary Public Date Name and Tide of Officer (e.g. "Jane Doe, Notary Public") personally appeared Richard Tesoriero Name(&) of Signcr(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in hishentazcr4heir authorized capacity(ies), and that by his/her4heir signature(s) on the instrument the person(s), 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. WME Z.- ME OPTIONAL (sue) 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: Title or Type of Document: Bid Bond - City of Huntington Beach Document Date: 5/9/2008 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Richard Tesoriero Number of Pages: ❑ Individual ❑X Corporate Officer - Title(s): Vice President ❑ Partner(s) - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Steiny and Company, Inc. \\Ssbp02\Users\gkap54\My Documents\EXCEL\2008 Notary Forms Gayles 5/13/2008 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Or On MAY 9 9 2008 before me, K.` Luu, Notary Public (Here insert name and title of the officer) personally appeared Rhonda C. Abel who proved to me on the basis of satisfactory evidence to be the persons) whose name(e) isAar-e-subscribed to the within instrument and acknowledged to me that4WsheAhe5L executed the same in-h}s/herAheir- authorized capacity4as), and that by4*s/her/ signature(@) on the instrument the person(&), 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 band and official seal. Signature of Notary Public K. LUU Commission # 1778641 '-d Notary Public - California Z a Orange County '- (Notary seal) MyComm. B01res Nov 6, 2011 my®1V1 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) M Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is Illegal for a notary in Califirnia fie. certifying the authorized capacity of the signer). Please check the document carefullyfor proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lw/shddwj-, is /ere ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. 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 s General In �nceCompany ofAmerica POWER +� 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; LINDA ENRIGHT; JANE KEPNER; NANETTE MARIELLA-MYERS; MIKE PARIZINO; RACHELLE RHEAULT; JAMES A. SCHALLER; Irvine, California**********************"***********""*******"******************* 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 11 th day of July 2007 S_TEPHANIE DALEY-WATSON.SECRETARY TIM MIKOLAJEWSKL 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 A copy of the power -of -attorney 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 MAY 0 9 200$ day of S-0974/13S 4/05 SEAL ts1e� lt,. _ _ � STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF City of HuntingtonBeach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK October 6, 2008 Zuniga Electrical Construction 15685 Reed Dr. Fontana, CA 92336 RE: CC-1329 — In -Roadway Warning Lights Enclosed please find your original bid bond for CC-1329. Sincerely, . LL Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister Cit 49"A"f oaO►�,", q'V r, VRVY8� New Zealand ( Telephone: 714-535-522" 1 ZUNIIA ELIC iCat RECEIV D 1560.5 IUD DR. F O R T A,N C k. 92336 PH 909 561 4'oa4 200$ SAY 13 AM 10:01 Fax: 9Ci9 &4?` Zt46 SECTION C PROPOSAL for the In -Roadway Warning Lights at Bushard St. and Yellowstone Dr. CC No. 1329 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 Esfii<i►afecl ::::::::::::::::::::::::::::::::::.::::......:::::::::::::::::: :::::::::::::::::: ::::::::::::::::::::::: tein.. NO.:: :t: .iiant� .. .......Y. : :: : Item .W�th:i�irit Price:Writtei in:K?ar�s :<=:: ::: .............................................................. :: t:: r::::::::::: :: Y1nk . P .r .e .... ;:t ;; :`.. `;::`::::':: .. >E x ..W.04 M0.1i t In -Roadway Warning Lights-Bushard CC-1329 Street at Yellowstone Drive 1 1 LS Mobilization @ $ 2 500 $ 2 5'00 Per LS 2 1 LS Traffic Control Per LS 3 1 LS Signing and Striping @ $10000 $ IDODU Per LS 4 1 LS Install In -Roadway Warning Lights-Bushard Street and Yellowstone Drive @ $ 22g06 $ 22900 Per LS 5 4 EA Construct curb ramp, including adjacent gutter plate per Calrans Std. Plan A88A, Case C, including AC pavement replacement per detail Per EA 6 168 Sq. Ft. Construct Sidewalk per City Standard Plan 207. @ $ /0 $ 1 G�® Per Sq. Ft. 7 1 EA Remove Tree and Grind 24" Below Surface @ $ Z DO $ Z SOO Per EA Total Amount Bid in Words:1- Jr— y N//vE I%WdOS AND 1 /C ifT y Note: The City will provide the power control unit and service cabinet, all signal poles, In -Roadway Warning Lights, luminairies, vehicle heads, and fittings at no cost to the contractor. Contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advace for pick up at (714) 375-5015. C-2.1 s 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 13 i 0 B otvo in the amount of ,©DD which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, . payable to the AGENCY. _ (Please insert the words "Cash", ".Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class (,l2AtQ6% CvdNTy IS; TrzIP/NG ii,jc. 3 ✓ / G = � T, Z)f A 3t9Go�5_�3Z G -3� 2 % r6 /►.l ®A —'k V/(f L 7Y60ob /ZJ CIA By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange f d,yz.4ta 2- uwi e-4 , being first duly sworn, deposes and says that he or she is D GVN L= 2 of Z c-1, 016 - GZ 4'Q-A/c 4 L- 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. Z utijG A 6Lr'GTa-1C7 -1-. Name of Bidder Sign ure of Diader / 6G S S le 6rtV Ox �o0�" 4 G,4 Address of Bidder Subscribed and sworn to before me this / Z day of , 20 NOTARY PUBLIC G! IP/�6 Z�4 g7-336 laWOOL A. ESMOZA comnoll"*17634W Not" hoar - Catonma wn eama a�a Cownry NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the In -Roadway Warning Lights at Bushard St. and Yellowstone Dr. (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. 1 Mt .t4q9ffaelgBAvni30#A Z e)I' 14A EL � 7' lewc4 ,0_ Contractor &DNZ7— �hI /�✓� By Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing. a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes 9 No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: T- / 3 - J �' z ulV/CI 4 4�1-,65C,7XIeAl- Contractor �viv2 AG® ZtJN /CAW By U c,Ul� 72 Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Z UN/G o4 5—L Bidder Name l sG 12ceo D,�P- Business Address ryN 7-fN A Cs�- 2 3 3 6 City, State Zip Telephone Number 9372-s-3 c-its State Contractor's License No. and Class y - Z 00 gyp' Original Date Issued 11— 2—D1e Expiration Date The work site was inspected by 6n. eoo Lo of our office on 5 — / , 20,i.r� The following are persons, firms, and corporations having a principal interest in this proposal: C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. GZC6,7-41641- Company Name Printed or Typed Signature Subscribed and sworn to before me this 12 day of 1. it $ Cormr w on ♦ 1 763M NO" rues - Canonaa son NmaudM County *Cwm 8"wsop22.2o1i 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: C/7� OF Gr5°/��d I �J_'v IE�vTI2A[ AU //z-'//oo e'4 �/27/e) Name and Address of Public Agency Name and Telephone No. of Project Manager: '9yy `19 q I d 5- �06�o Contract Amount Type of Work Date Completed 2. 17-VyT S r�-N o/ lv4S Name and Address of Public Agency Name and Telephone No. of Project Manager: 7n/� 86 oao MI-12,),90cvgR e ,Gt aaluJN6 �ir�r9 ' 2oa Contract Amount Type of Work Date Completed 3. �flry of 5Wj,, /��/z�,�r�,�iN� 3 moo / "A" rr Sl4AI Name and Address of Public Agency Name and Telephone No. of Project Manager: &C-�v,��y y 5/ 7 oa T,�`A,� i /� SiGsW /— 1 7 Z ' � d Contract Amount Type of Work Date Completed C-10 %My Western Surety Company BID BOND (Percentage) Bond Number: 70511454 KNOW ALL PERSONS BY THESE PRESENTS, That we Gonzalo Zuniga dba Zuniga Electrical Construction Of 15685 Reed Dr., Fontana, CA 92336 , hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto city of Huntington Beach of 2000 Main Street, Huntington Beach, CA 92648 hereinafter referred to as the Obligee, in the sum of Ten ( 10 %) percent of the greatest amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract -Roadwav Warnina Liahts NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 13th day of May 2008 Form F5876 M Gonzalo Zuniga dba Zuniga Electrical Construction (Principal) (Seal) Westgtrn Surety Company A Q(Surety) By w' (Seal) Blake Allen Pfister Attorney -in -Fact State of California County of Orange ACKNOWLEDGMENT }SS. } May 12, 2008 On ,before me, Lianne Nahina, Notary Public Notary Public, personally appeared Blake A Pfi per who proved to me on the basis of satisfactory evidence to be the person whose name() is/aw subscribed to the within instrument and acknowledged to me that he/i� executed the same in his/hefAhe+l; authorized capacity(i@er, , and that by his/ham signature( on the instrument the person(e), or the entity upon behalf of which the person(y acted, executed the instrument. 1-certify under PENALTY OF PERJURY under the -laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. j , . __�IIANNE NAHINA i Commission # 17b7633 Notary public - California = Orange County WCO m. Ex0ft Sep 14.2011 ature of Notary OPTIONAL INFORMATION Description of Attached Document Title or Type of Document: Bid Bond 70511454 Date: May 13, 2008 Number of Pages: Signer(s) Other than Named Above: NONE Capacity(ies) Claimed by Signer Signer's Name: o Individual o Corporate Office r—Title:_ o Partner o Limited o General 4w, Attorney in Fact o Trustee o Guardian or Conservator o Other: 1 Signer is Representing- Western Surety Company Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 70511454 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint Blake Allen Pfister its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Gonzalo Zuniga dba Zuniga Electrical Construction Obligee: City of Huntington Beach Amount: $500, 000. 00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of August 13 2008 , but until such time shall be irrevocable and in full force and effect_ In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and its cor�,�1 to be affixed this 13th day of May 2008 3 WEST R SURETy COMPANY a.� 01IT4 i6R, s t-1 /. Eta_ Paul T. Brufla nior Vice President i WrA COUN'1_ On this 13 th day of May , in the year 2008 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. }4444444b44b444444444444b } S D. KRELL NOTARY PUBLIC f otary Public -South Dakota r 80UTH QAIUY17l t4444444444444444444�b46 � My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this _ 13 th day of May 2008 WEST R SURE COMPANY Paul T. Bruflat^enior Vice President Form F5306-9-2006