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HomeMy WebLinkAboutMacadee Electrical Construction, Inc. - 2009-12-07l 1J RECEIVEDi'BY: r (Name)�.,,) (Date) ' CITY CLERK RECEIPT COPY l j Return DUPLICATE to City Clerk's Office after signing/dating CITY OF HUNTINGTON BEACH TO: Shari Freidenrich, City Treasurer FROM: DATE: �;�, SUBJECT: Bond Acceptance I have received the bonds for ' i f r'' L C- -- L_-C = K--77L14--1 //Aj(- , (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. CGY No. �, `�" MSC No. Approved A7,109 pp (CouncitApproval Date)/ Agenda Item No. City Clerk Vault No.�- #27 g:/foliowup/bondletter.doc [rou INTER-DEPARTMENT . 1 P� Huntington 'O�i a l l O n l TO: THOSE LISTED HEREON FROM: Donn Strook, Project Manager DATE: April 12, 2010 SUBJECT: Retention Release Payment Company Name: Macadee Electricial, Inc. Address: 47 ier Road City, State and Zip Codeq909) hino 91710 Phone, Number: 627-1336 Business License Number:A269887 Local Address: N/A Notice of Completion Date:3/25/2010 Contract Purpose: Retention Release for Construction Contract 1324 Traffic Signals The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the full retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. If any stop notices have not been cleared, then processing of partial retention is recommended with the retention of one hundred and fifty percent of the stop notice(s) amount and with no outstanding invoices on file with the City. I certify that are no stop notices are on file on the subject at this time. ate Travis . Hopkins, Direct "' c� I certify that there are no outstanding invoices on file. Date Shar reiden rich, City Treasurer I certify that are 2 stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. V-91- /o Date T, oGy� J ar Flynn�City Clerk 1324 retention release memo 4/12/2010 10:23:00 AM PLEASE COMPLETE THIS INFORMATION i y> 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 Recortted in Official Records, Orange County Tom Daly, Clerk -Recorder !I!I!IIII!IIII!llllillllli!!II!I!il!Illlllllllillllllllllllllll NO FEE 2010000140754 11:25 am 03/25/10 276 418 N 12 1 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 f TITLE OF DOCUMENT: NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Macadee Electric Construction, Inc. who was the company thereon for doing the following work to -wit: PACIFIC COAST HIGHWAY STREET LIGHT MODIFICATION PROJECT, CC# 1324 That said work was completed March 17, 2010 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on March 17, 2010, per City Council Resolution No. 2003-70 adopted October 6, 2003. That upon said contract Great American 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 March 22, 2010. �? � F Dir6c1tor of P Tic Works or City Engineer City of Huplungton 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. f 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 March 22, 2010. 7 DirectoKof Publi orks or City Engineer City of Hunting n Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 00'-059-TITLE PAGE (R7/95) L Kevin McCarthy ? gee and certify that: (Name of Dockrant) Macadee Electrical Construction, Inc. is the general contractor to the City of Huntington Beach ("City) on Contract No. Proiect CC-1324 (the "Contract") for the construction of the public work of improvement entitled: Street Light Modification Project, Pacific Coast Highway (the '*Project"). 2. .All work to be performed purmmnt to the Contract has be completed in accordance with the Contract Documents (his such term is defined in the Contract). I 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 eject, including all claims against the Contractor arising from the performance of the Contract, have been paid and, satisfied (list unpaid dents and clams; if none, write " ONB"): NONE 4. Attached hereto arm the lien waivers requited by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied 14bo> , services, materials, and/or equipment for use at the Project. N/A 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Wiftold filed pursuant . to the Civil Cade of the State of California (list all disputed claws; if none, write ' NONE)): NONE declare under penalty of perjury under the laws of the State of Cali ornia that the foregoing is true and correct. Executed at Macadee Electrical in Chino on this 31 st day cif March , 2010 , 1 of Declarant) APPROVED AS T4 FORM By: f 911-7 Name: [Type Name) Title: (Type Title) 24*14.1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.Q. Box 190 Huntington Beach CA 92648 ;fie: Certification of Compliance with Prevailing Wage Laws Contract: CC-1324 Project: Street Light Modjflcation PL(2jegt, Pacific Coast Highway The undersigned contractor on the above -referenced project C Project") hereby com es that 4 labor , mechanics, apprenticos, trainees, watchmen and gum employed by hire or by any subcontractor performing work under the contract for the Project have beela paid pursuant to the minimum wage and bona -fide fringe tent requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of Ca if6raia, Depailm nt of industrial Relations, andlor the United States Department of Labor. I declares under penalty of perjury under the laves of the State of California that the foregoing is true anal correct. Executed this 31st day of March � 2010 � :fit Macadee Electrical in chino , ��l'�ornia. Macadee Electrical Construction, Inc. (ape Contractor Name) By: _ Warne: Title: Kevin McCarthy, Corporate Secretary IT. ate' ab" WSW Certification of Compliance with Title VFf of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Stmet/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VH of the Civil Rights Act and Equal Employment Opporowity Act of 1972 Contract: CC-1324 Project- Street Light Modification Project, Pacific Coast HighWay The undemigneA contractor on the abovo-roferenced project ("Project!) hereby certifies that it has complied with Title VU of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of moo, creed, color, sex, national origin, age or disability. The undersigned conuactor 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 pci ury under the laws of the State of California that the foregoing is tnw and correct, Executed this 31 st day of March �1 20 10 . at Macadee Electrical in Chino , California, Macadee Electrical Construction, Inc. (2)Fe Contractor Name) By, Kevin McCarthy, Corporate Name: [Type Name] Title: (Type Title] [@M@4 I! « n RECEIVED BY: (Name) (Date) CITY CLERIC RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/clating TO: Shari Freidenrich, City Treasurer FROM: � 24 DATE: Z/O 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 Council pproval Date) Agenda Item No. 113 City Clerk Vault No. QJ 3, #27 g:/followup/bondletter.doc . RE s . r MAINTENANCE BOND Bond No. CA2008056 Premium included in Perforniance Bond KNOW ALL MEN BY THESE PRESENTS, That we, Macadee Electrical Construction as Principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio and duly authorized to transact business in the State of California as Surety, are held and firmly bound unto city ,pf Huntington Beach as Obligee, in the sum of Twenty -Five Thousand Seven Hundred Sixty -Nine and No/100 ($25,769.00) DOLLARS, for the payment whereof well and truly to be made, and Principal and the said Surety, bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 13 th day of April ,2010 WHEREAS the Principal and the Obligee have entered into a written agreement dated the day of 2009 , for Pacific Coast Highway Street Light Modification Project, CC-1324 the terms of which agreement were completed and accepted the day of WHEREAS the Principal has given a one year or otherwise against defective materials and workmanship. 2010 ;and year maintenance guarantee under said agreement NOW, THEREFORE, the condition of this obligation is such that if the Principal shall well and truly comply with such guarantee, then this obligation to be void; otherwise it shall remain in full force. PROVIDED that no right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein; and PROVIDED FURTHER that the Surety shall have no liability under this bond unless the Obligee shall give written notice of claim of the Principal's failure to comply with such guaranteed to the Surety at its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202 such notice to be given within the one year year maintenance period. A4E& ED A 5 5TO FO Je 4A, ity 0 ey q/ttil�a F.9607D (3/00) Macadee lectrical Construction rincipal GREAT AI�RICAN INSURANCE COMPANY By: Attorney -in -Fact Pamela McCarthy CALIIFORNiA ALL-PURPOSE ACKNOWLEDGEMENT t State of California SS. County of San Bernardino ) On April 13, 2010 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Pamela McCarthy ---------------- CYNTHIA J. YOUNG r • COMM. # 1806614 z g ` NOTARY PUBLIC - CALIFORNIAK ? SAN BERNARDINO COUNTY -' My Comm. Expires July 15, 2012 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. nature of Not Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual ® Corporate Officer Title O Partner -- O Limited ® Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: General Number of Pages: Top of thumb here GREAT AMERICAN INSURANCE COMPANYO Administrative Office: 580 WALNUT STREET ® CINCINNATI, OHIO 45202 ® 513-369-5000 ® FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No. 014627 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the.GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attomey-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JAY P. FREEMAN ALL OF ALL PAMELA McCARTHY SAN BERNARDINO, $75,000,000.00 SUSAN C. MONTEON CALIFORNIA CYNTHIA J. YOUNG This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. -IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 181° day of, FEBRUARY , 2010. Attest STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVID C. KITCHIN (513-412-4602) On this 18'h day of FEBRUARY , 2010, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the Division Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Mice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. 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 Companj, to be valid and binding upon the Company with the same force and effect as though manually affixed CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this s 3 day of, fit (/ ' �2— & ( 6 S1029Y (10108) CONSENT OF OWNER ❑ ARCHITECT ❑ SURETY COMPANY SURETYCTOR T FINAL PAYMENT. OTHER ❑ AIA DOCUMENT G707 PROJECT Pacific Coast Highway Street Light Modification Project No. CC-1324 (name, address) TO (Owner): ARCHITECT'S PROJECT NO: CC-1324 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 CONTRACT DATE: L CONTRACTOR: Macadee Electrical Construction In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) Great American Insurance Company 750 The City Drive South, Suite 300 Orange, CA 92868 ,Surety on bond Of (here insert name and address of Contractor) Macadee Electrical Construction 4755 Lanier Road Chino, CA 91710 CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 ,OWNER, asset forth in the said Surety Company's bond no.. CA2008056 IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 31st day of March , 2010. Great American Insurance Company Sure J Signature of Authorized Representative Attest: Pamela McCarthy (Seal): Title Attorney -in -Fact NOTE: This form is to be used as a companion document to AIA DOCUMENT G706, CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition AIA DOCUMENT G707 • CONSENT OF SURETY COMPANY TO FINAL PAYMENT • APRIL 1970 EDITION • AIA® ONE PAGE 10 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 CAUFOII NIA ALL-PURPOSE ACKNOWLEDGEMENT State of California /) ss: County of San Bernardino On March 31, 2010 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Pamela McCarthy Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name.is subscribed to the CYNTHIAJ. YOUNG within instrument and acknowledged to me that she r •'COMM. # 1806614 Z executed the same in her authorized capacity, NOTARY PUBLIC - CAUFORNIA� and that by her signature on the instrument the ' SAN BERNAR®INo couNTY person, or the entity upon behalf of which the person My Comm. Expires July 15, 20�2 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. Si ture of Notaryblic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Title O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: _ Top of thumb here a � a 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 THREE No. 014617 POWER OF ATTORNEY KNOB' ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under. and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attomey-in4act, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name JAY P. FREEMAN PAMELA McCARTHY SUSAN C. MONTEON Address ALL OF SAN BERNARDINO, CALIFORNIA Limit of Power ALL $75,000,000.00 This Power of Attorney revokes all previous powers issued in behalf of the attomey(s}in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 31" day of, DECEMBER , 2009. Attest STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVID C. KITCHIN (513-412-4602) On this 31" day of DECEMBER , 2009, before me personally appeared DAVID C. KITCHIN, to me known, being duly swom, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the Division Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature there of- 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 officers and any Secretary or Assistant Secretary of the Company maybe affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contractor 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 Compato, to be valid and binding upon the Company with the same force and effect as though manually aged CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this 3 day of, S1029Y (10/08) 0 B RECEIVEDIBY- CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office`__.' (Name) after signing/dating (Date) 0 CITY OF HUNTINGTON BEACH rz FINTERDEPARTMENTAL COMMUNICATION --il TO: Shari Freidenrich, City Treasurer 1 7) FROM: Y-A77z-1 LS�lAv-U-A DATE: SUBJECT: Bond Acceptance I have received the bonds for 7;UJ (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 (Coun6il Approval Date) Agenda Item No City Clerk Vault No N #27 gAollowup/bondletter.doc CITY FUNDED CONSTRUCTION CONTRACT BETWEEN qq THE CITY OF HUNTINGTON' BEACH AND C.T MCA,Cal2.�. ��!`+tAN IG.P.1 c..BAS+P'IA.Cd-j�B,�iG. FOR ,57 1 Ce _ Z THIS AGREEMENT ("Agreement") made and enter into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and %Jacaje e_ jg/ec. )-t Ga.1 �-o rlS - Vic,, a California � , 0y ,4-i a , hereinafter referred to as "CONTRACTOR." of WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as the City of Huntington Beach; and CONTRACTOR has, been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and r all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or g/agree/surfnet/cityconst 12-07 1 of 22 be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; g/agree/surfnet/cityconst 12-07 2 of 22 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as g/agree/surfnet/cityconst 12-07 3 of 22 'DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum d not to exceed ) n e a f Dollars ($ , as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within O consecutive e,r from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. g/agree/surfnet/cityconst 12-07 4 of 22 CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the g/agree/surfnet/cityconst 12-07 5 of 22 changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. g/agree/surfnet/cityconst 12-07 6 of 22 CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, g/agree/surfnet/cityconst 12-07 7 of 22 the sum of rl iz e, g(A n L e Dollars ($ �O a . 0 U ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting g/agree/surfnet/cityconst 12-07 8 of 22 from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12, DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of- (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as g/agree/surfnet/cityconst 12-07 9 of 22 a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. g(agreefsurfneticityconst 12-07 10 of 22 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the g/agree/surfnet/cityconst 12-07 11 of 22 substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17, WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone g/agree/surfnet/cityconst 12-07 12 of 22 directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. g/agree/surfnet/cityconst 12-07 13 of 22 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention without the express written consent of CITY; however an insurance policy "deductible" of $5,000.00 is permitted. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney g/agree/surfnet/cityconst 12-07 14 of 22 evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. g/agree/surfnet/cityconst 12-07 15 of 22 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 24 and any damages shall be assessed as set forth in Section 24. 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, g/agree/surfnet/cityconst 12-07 16 of 22 and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 28. STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of g/agree/surfnet/cityconst 12-07 17 of 22 One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: 10e rn M 2000 Main Street Huntington Beach, CA 92648 30. SECTION HEADINGS TO CONTRACTOR: Amcy.d$eC/ea r/cal cons4. J�7.,c.. -�V °7 S 3" L ca. n i e r POOL 04 C h i vi ® , Ca. 9 17/0 The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, g/agree/surfnet/cityconst 12-07 18 of 22 define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent g/agree/surfnet/cityconst 12-07 19 of 22 jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. g/agree/surfnet/cityconst 12-07 20 of 22 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 41. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that 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/surfnct/cityconst 12-07 21 of 22 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on ���t �� 200?. CONTRACTOR Mc.04toiee. E1er-+--1r-al Consf Ttir- .10L MC('art print name ITS: (circle one) Chairma esident/ cc President B:.�,- y, �v n—by print name ITS: (circle on Secreta hief Financial Officer/Asst. Secretary - Treasurer AND g/agree/surfnet/cityconst 12-07 22 of 22 CITY OF HUNTINGTON BEACH, a munici 1 co oration 2L1bg,.State of California Mayo ity Clerk INITIATED AND APPROVED: Works APPROVED: Administrator APPROVEIR AS TO FORM: F-V, �� i t 1 c1 71-v 16 City Attorney \� 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34 35. 36. 37. 38. 39. 40. 41. CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND --t /4/ 0.Gom0.0�ee E/ee.'�rGa I �OnSf!-4lDh LinA,4- Moe4itrr-o.4)a TABLE OF CONTENTS Y Page No. STATE OF WORK; ACCEPTANCE OF RISK 1 ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 COMPENSATION 4 COMMENCEMENT OF PROJECT 4 TIME OF THE ESSENCE 4 CHANGES 5 NOTICE TO PROCEED 6 BONDS 6 WARRANTIES 6 INDEPENDENT CONTRACTOR 7 LIQUIDATED DAMAGES/DELAYS 7 DIFFERING SITE CONDITIONS 9 VARIATIONS IN ESTIMATED QUANTITIES 10 PROGRESS PAYMENTS 10 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 AFFIDAVITS OF SATISFACTION OF CLAIMS 11 WAIVER OF CLAIMS 12 INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 WORKERS' COMPENSATION INSURANCE 13 INSURANCE 13 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 NOTICE OF THIRD PARTY CLAIM 15 DEFAULT & TERMINATION 15 TERMINATION FOR CONVENIENCE 16 DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 NON -ASSIGNABILITY 16 CITY EMPLOYEES AND OFFICIALS 16 STOP NOTICES 17 NOTICES 17 SECTION HEADINGS 18 IMMIGRATION 18 LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 ATTORNEY'S FEES 18 INTERPRETATION OF THIS AGREEMENT 19 GOVERNING LAW 19 DUPLICATE ORIGINAL 19 CONSENT 20 SURVIVAL 20 MODIFICATION 20 SIGNATORIES 20 ENTIRETY 20 for the Street Lighting Modification on: Pacific Coast Highway (Route 1) between Main Street and First Street CC No.1324 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF H UNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sun 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 10% Bid Bond 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: C-2 Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and First Street CC-1324 �tezn 1 Estimated 1 L.S. item With I)AMce ` rttten mods s Mobilization. @ Three Thousand Dollars and 7Qro .ents Per L.S. Ott pace $ 3,000.00 �entet $ 3,000.00 2 1 L.S. Traffic Control. @One Thousand Five Hundred Dollars and Zero Cents Per L.S. $ 1,500.00 $ 1,500.00 3 4 5 6 8 EA 1 L.S. IL 300 L.P. 1 L.S. Replace Existing Street Light Luminaires. @ One Hundred Ninety Three Dollars and Zero Cents Per EA. Install Conduit, Pull Boxes, Modify Type ill Service, and install Conductors in New and existing Conduit @ Eleven Thousand One Hundred Twenty Five Dollars and Zero Cents Per L.S. Install additional 2" conduit (not shown on plans) within sidewalk area at the discretion of the Engineer. @ Fifteen Dollars and Zero Cents Per L.F. Caltrans Encroachment Permit @Four Thousand One Hundred Dollars and Zero Cents Per L.S. $ 193.00 $ 1,544.00 $ 11,125.00 $ 15.00 $ 4,100.00 $ 11,125.00 $ 4,500.00 $ 4,100.00 Total Amount Bid in Figures: $ 25,769.00 Total Amount Bid in Words: $ Twenty Five Thousand Seven Hundred Sixty Nine Dollars and Zero Cents Note for CC-1324: The City will provide the luminaires and lamps at no cost to the contractor. The contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. C-3 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 Nome aril Address of Subcontractor State �acense r Class of 13'ark Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orflige San Bernardino Kevin McCarthy , being first duly sworn, deposes and says that he or she is Corporate 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 Sig`ature'of.Bidder--=-" I 4755 Lanier Road Address of Bidder Subscribed and sworn to before me this 19th day of October , 20 09 . A.JOHNSON' Commission # 1811232 Notary Public • California San Bernardino County NOTARY PUBLIC MComm.Ex irp es - - NOTAA26, 2- NOTARYSEAL C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Street Lighting Modification on Pacific Coast Highway (Route I) between Main Street and first Street, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Macadee Electrical Construction, Inc. Contractor Title Date: 10/1.9/20.09 .... ........ I . 1 . . .. C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? O Yes ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 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: 10/19/09 C-8 Macadee Electrical Construction, Inc. Contractor By ( LZ Corporate Secretary Title UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is 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 811 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: TBA Macadee Electrical Construction, Inc. Contractor Corporate Secretary Title Date: October 19, 2009 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Macadee Electrical Construction, Inc. Bidder Name 4755 Lanier Road Business Address Chino CA 91710 City, ( 909 ) 627-1336 Telephone Number 583125 - C-10 State Contractor's License No. and Class June 29, 1989 Original Date Issued December 31, 2009 Expiration Date State Zip The work site was inspected by Kevin McCarthy of our office on October 15th s 20OR The following are persons, firms, and corporations having a principal interest in this proposal: John McCarthy -President (0 - Debra McCarthy - Vice President & Treasurer 1 0 Z Kevin McCarthy - Corporate Secretary & Operations ;(,4 Manager C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Macadee Electrical Construction, Inc. Combanv Name of Bi n McCarthy - Corporate Secretary inted or Typed Signature Subscribed and sworn to before me this 19th day of October NOTARY PUBLIC 1,A- 12009 . OL jaws" Commlealoo * 1911232 Notary Public - California San Bernardino County p My Comm. Expires Aug 26. 201 P NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. City of Chino - 13220 Central Avenue, Chino, CA 91710 Name and Address of Public Agency Name and Telephone No. of Project Manager: Ms. Naghmeh Imani - (909) 464-8367 $364,939.00 Traffic Signal Modifications & Installation of New BBS March ' 09 Contract Amount Type of Work 2 City of Placentia - 401 East Chapman Avenue, Placentia, CA 92870 Name and Address of Public Agency Date Completed Name and Telephone No. of Project Manager: Mr. Andrew R. Muth - (714) 993-8245 $108,576.00 Traffic Signal Coordination November'08 Contract Amount Type of Work Date Completed 3. City of Anaheim - 200 S. Anaheim Blvd, Anaheim, CA 92806 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mr. Richard Aguirre - (714) 765-5176 $82,611.00 Twila Reid Fire Station No. 11 Traffic Improvements October'08 Contract Amount Type of Work Date Completed C-11 GREAT • R A INSURANCE COMPANY OHIO Bond No. A BID BOND Approved by 'The American Institute of Architects, A.I.A. Document No. A310 February, 1970 Edition KNOW ALL MEN BY THESE PRESENTS: that we Macadee EleCtrical COnstitiction as Principal, hereinafter called Principal, and GREAT AMERICAN INSURANCE COMPANY, a corporation duly organized under the laws of the State of Ohio, with Administrative Offices at 580 Walnut Street, Cincinnati, Ohio 45202, as Surety, hereinafter called the Surety, are held firmly bound unto City of Huntinqton Beach as Obligee, hereinafter called Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% Of Bid ) For the payment of which sum well and truly to be made, and the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Street Lighting Modification On Pacific Coast Highway (Route1) Bid Number CC No. 1324 NOW, 'rl EREFORE, 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 die 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, dhen this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 16th day of October , 2009 In die presence of: Macadee Electrical Constniction (Principal) (Seal) 8 e By: K in McCarthy Corporate Secretary GRE T AMRRICAN INSURANCE COMPANY (Seal) (Surety) C7 —By:y- IIy: -- - ---- Pamela McCarth`(Attorney-rt�-Fact) Bid Bond F9630a CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino ) On October 16, 2009 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Pamela McCarthy CYNTHIA J. YOUNG COMM. # 1806614 z L NOTARY PUBLIC - CALIFORNIAZ SAN BERNARDINO COUNTY r+es Jul MY Comm. Exply 15, 2012 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sign re of Notary blic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate. Officer Title O Partner -- O Limited O General a Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here GREAT AMERICAN INSURANCE COMPANYO Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 ° 513-369-5000 0 FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No. 014463 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attomey-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and ail bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JAY P. FREEMAN ALL OF ALL PAMELA McCARTHY SAN BERNARDINO, $75,000,000.00 SUSAN C. MONTEON CALIFORNIA FRANCES LEFLER This Power of Attorney revokes all previous powers issued in behalf of the attomey(s}in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seat hereunto affixed this le day of, MAY , 2009. Attest STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVID C. KITCHIN (513-4124602) On this 14t° day of MAY , 2009, before me personally appeared DAVID C. KITCHIN, to me known, being duly swom, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the Division Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts ofsuretyship, 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 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, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this , / day of, Ag4 10'et J6) CONTRACTOR'S CER'TMICA'TE I, , state and certify that: (Name of Declarant) i . is the general contractor to the City of Huntington Beach ("City") on Contract No. (the "Contract") for the construction of the public work of improvement entitled: (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (list unpaid debts and claims; if none, write "NONE"): 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project. 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write "NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at on this day of 120 (Signature of Declarant) APPROVED AS TO FORM By: s11-7 -1lJ 3 • Zo o(P Name: [Type Name] Title: [Type Title] 245914 1 Certification of Compliance with Title VH of the Civil nights 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 VU of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20, at , California_ (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] E IF R - t-) O_ A <7RNEY 1L) 3-2Y6-UP 245911 1 Certification of Compliance with Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: Project: The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particular classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20_, at (Type Contractor Name) By: Name: [Type Name] Title: [Type Title] California. AN -TtS US- ab • csto 247542.1 ACOR®,,,, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1/19/2010 PRODUCER Phone: 909-886-9861 Fax: 909-886-2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Alliant Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 735 Carnegie Drive, Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR San Bernardino CA 92Su8 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Prop C 36161 Macadee Electrical Construction INSURER B: Travelers Ind Co of CT 25682 4755 Lanier Road Chino CA 91710 INSURER C: INSURER D: INSURER E: r0VFRAr,F9 rrTJTQ r+T;OrrTOTrTrry QTTDVDQDnV0 oDVTrTnTTQT.V TQQTTI~,n rWDrPTF'Tr21'TF rHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FCR THE POLICY PERIOD INDICATED. 40TWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS :ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE PERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR AkDD'L NSR TYPE OF INSURANCE POLICYNUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MMIDD/YY LIMITS A X GENERAL LIABILITY DTECO0413B657 09 2/1/2009 2/l/2010 EACH OCCURRENCE $ 1 000 000 PREMI ES( RENTED PREMISES Ea occurence) $3 0 0 0 0 0 X COMMERCIAL GENERAL LIABILITY MED EXP (Anyone person) $ 5 000 CLAIMS MADE i] OCCUR PERSONAL BADVINJURY $ 1 000,000 X PD Ded. , 000 GENERALAGGREGATE $2, 000, 000 _..-$5 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2 00Q 000 POLICY IX PRO- ECT LOC A X AUTOMOBILE X LIABILITY ANY AUTO DT8100413B657 09 2/1/2009 2/1/2010 COMBINEDSINGLE LIMIT (Ea accident) $ 1, 0 0 0, 000 BODILYINJURY (Per person) $ X ALLOWNEDAUTOS SCHEDULEDAUTOS HIREDAUTOS NON-OWNEDAUTOS A�� L'LA�Z73� R C'RATI tUI71 BODILY INJURYX (Per accident) $ PROPERTY DAMAGE (Peraccident) $ / GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN EAACC $ ANY AUTO $ AUTOONLY: AGG A X EXCESS/UMBRELLA LIABILITY DTSMCUP36SK603409 2/l/2009 2/1/2010 EACH OCCURRENCE $ 1, 000, _200 _ AGGREGATE $ 1 0 0 O O O X OCCUR CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND DTEUB5637L65 09 8/15/2009 8/15/2010 X TORvuNTilTs ER E.L. EACH ACCIDENT $ 1 000, 000 EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? Yes E.L. DISEASE - EA EMPLOYEE $ 1 000 000 E.L. DISEASE -POLICY LIMIT $ 1 000 000 Ifyes, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Ze: Cash Contract #1324, Pacific Coast Highway Lighting Modification. Che City of Huntington Beach, its agents, officers and employees are additional insureds as per form attached. ?rimary wording is included. waiver of Suhrogatior_ is included as per form attached. s respect to Workers' Compensation, Waiver of S_throgation is included as per form attached. CERTIFICATE HOLDER CANCELLATION*10 Day Notice for Non -Pa SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City of Huntington Beach WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE 2000 Main Street CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO Huntington Beach CA 92648 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED ACORD 25 (2001108) OACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) POLICY NUMBER:DTECO0413B657 09 COMMERCIAL GENERAL LIABILITY CG20101001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE® - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily in- jury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the site of the cov- ered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 © ISO Properties, Inc., 2000 Page 11 of 1 POLICY NUMBER: DTECo0413B657 09 COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE® - OWNERS, LESSEES O CONTRACTORS - COMPLETE® OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Huntington Beach Location And Description of Completed Operations: Cash Contract #1324, Pacific Coast Highway Lighting Modification. Additional Premium: (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products -completed operations haz- ard". CG 20 37 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 POLICY NUMBER:DTEco0413B657 09 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. "Melllt a . • • `` - This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Fla. f=I bill14 Name of Person or Organization: City of Huntington Beach, its agents. officers and employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. BROAD FORM NAMED INSURED (4) All reasonable expenses incurred by the "in - SECTION II - LIABILITY COVERAGE, A. 1. sured" at our request; including actual loss of Who Is An Insured provision is amended by add- earnings up to $500 a day because of time off ing the following: from work. d. Any business entity newly acquired or formed by you during the policy period, provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is ex- tended up to a maximum of 180 days follow- ing acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is ex- cluded by endorsement. B. EMPLOYEES AS INSURED SECTION II - LIABILITY COVERAGE, A.1. Who Is An Insured is amended by adding the follow- ing: e. If you are not a sole proprietor, any "em- ployee" of yours is an "insured" while using, in the course and scope of your business at the time of an "accident", a covered "auto" you don't own; hire or borrow. If you are a sole proprietor, any "employee" of yours is an "insured" while using, in the course and scope of your business or per- sonal affairs at the time of an "accident`, a covered "auto" that you don't own, hire or bor- row. .C. COVERAGE EXTENSIONS - SUPPLEMEN- TARY PAYMENTS SECTION II - LIABILITY COVERAGE, A. 2. Cov- erage Extensions, a. Supplementary Payments subparagraphs (2) and (4) are deleted and re- placed by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. D. HIRED GAR— WORLDWIDE COVERAGE SECTION II - LIABILITY COVERAGE, A.2. Cov- erage Extensions is amended by adding the following extension: c. Hired Car- Worldwide Coverage (1) We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "acci- dent" which occurs outside the United States of America, the territories and possessions of the United States of America, Puerto Rico, and Canada result- ing from the operation, maintenance, or use of any covered "auto" of the private. passenger type you lease, hire, rent, or borrow without a driver for 30 days or less. (2) With respect to any claim made or "suit" instituted outside the United States of America, the territories and possessions of the United States of America, Puerto Rico, and Canada: (a) You shall undertake the investigation, settlement, and defense of such claims and "suits" and keep us ad- vised of all proceedings and actions. (b) You will not make any settlement without our consent. (c) We will reimburse you (i) For the amount of damages be- cause of liability imposed upon you by law on account of "bodily injury" or "property damage" to which this policy applies, and (h) For all reasonable expenses in- curred with our consent in connec- CA T3 53 01 04 Copyright, The Travelers Indemnity Company Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL AUTO tion with the investigation, settle- ment or defense of such claims or "suits". Reimbursement for ex- penses will be part of the Limit of Insurance for Liability Coverage shown in ITEM TWO of the BUSINESS AUTO COVERAGE PART DECLARATIONS, and not in addition to such limits. (3) The Limit of Insurance for Liability Cover- age shown in ITEM TWO of .the BUSINESS AUTO COVERAGE PART DECLARATIONS is the most we will re- imburse you for the sum of all damages imposed on you, as set .forth in c.(2)(c) above, and all expense incurred by you arising out of any single ":accident" or "loss"_ (4) You must maintain the greater of the fol- lowing primary auto liability insurance lim- its: (a) Compulsory admitted insurance with limits required to be in -force to satisfy the legal requirements of the jurisdic- tion where the "accident" occurs; or (b) Insurance limits required by law and issued by a governmental entity or by an insurer licensed or permitted by law to do business in the jurisdiction where the "accident" occurs; or (c) Auto liability insurance limits of at least $300,000 Combined Single Limit or $100,000 per person/ $300,000 per accident Bodily Injury, $100,000 Property Damage. If you fail to comply with the above, this insurance is not invalidated. However, in the event of a "loss", we will pay only to the extent that we would have been liable had you so complied_ (5) The insurance provided by HIRED CAR — WORLDWIDE COVERAGE is excess over any other collectible insurance avail- able to you whether on a primary, excess contingent or any other basis- E. HIRED CAR PHYSICAL DAMAGE — LOSS OF USE SECTION II — LIABILITY COVERAGE, A. 2. Coverage Extensions is modified by adding the following: Notwithstanding SECTION II, LIABILITY B. Exclusions 2. and 6., we will pay sutras which you legally must pay to the lessor of a cov- ered "auto" which you have leased without a driver for 30 days or less for the lessor's loss of use of the covered "auto", provided: 1. This insurance provides comprehensive, specified causes of loss or collision cover- age on the covered "auto- 2. 2. The loss of use results from the covered "auto" being damaged in an "accident" while you are leasing it. We will pay up to $65 per day subject to a maximum limit of $750 for any one "accident". F. PHYSICAL DAMAGE — TRANSPORTATION EXPENSE SECTION III — PHYSICAL DAMAGE COVERAGE, A. 4. Coverage Extensions; sub- paragraph a. is deleted and replaced by the follow- ing: a. Transportation Expenses We will pay up to $50 per day to a maxi- mum of $1,500 for temporary transporta- tion expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses in- curred during the period beginning 48 hours after the theft and ending, regard- less of the policy's expiration, when the covered. "auto" is returned to use or we pay for its "loss". If the temporary transportation expense in- curred arises from your rental of an "auto" of the private passenger type, the most we will pay is the amount it costs to rent an "auto" of the private passenger type which is of a like kind and quality as the stolen covered "auto". G. PERSONAL EFFECTS COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Exten- sions is amended by adding the following: c. Personal Effects Coverage We will pay to $400 for loss to wearing apparel and other personal effects which are: (1) owned by an insured, and (2) in or on your covered "auto" Page 2 of 3 Copyright, The Travelers Indemnity Company CA T3 53 01 04 Includes copyrighted material of Insurance Services Office, Inc., with its permission. I:I This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply o, Personal Effects Cov- erage. NOTICE OF AND KNOWLEDGE OF OCCURRENCE SECTION IV — BUSINESS AUTO CONDITIONS, A. 2. Duties In The Event Of Accident, Claim, Suit Or Loss, subparagraph a. is deleted and re- placed by the following: a. In the event of "accident", claim, "suit" or "loss"; you must give us or our authorized representative prompt notice of the "accident" or "loss" including: (1) How, when and where the "accident" or "loss" occurred: (2) the "insureds" name and address; and (3) to the extent possible, the names and ad- dresses of any injured persons and wit- nesses. J Your duty to give us or our authorized repre- K. sentative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" is known to: 1. You, if you are an individual, 2. A partner; if you are a partnership; or 3. An executive officer or insurance man- ager, if you are a corporation_ BLANKET WAIVER OF SUBROGATION SECTION IV BUSINESS AUTO. CONDITIONS, A. Loss Conditions, 6. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: COMMERCIAL AUTO 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. UNINTENTIONAL ERRORS OR OMISSIONS SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions; :2. Concealment, Mis- representation, Or Fraud is amended by adding the following: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. MENTAL ANGUISH SECTION V — DEFINITIONS, Definition C. is amended by adding the following: "Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. CA T3 53 01 04 Copyright, The Travelers Indemnity Company Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 1/8/2010 at 12:01 A.M. standard time, forms a part of (DATE) Policy No.DTEUD5637L65 09 Endorsement No. of the Travelers Indemnity Company of CT issued to Macadee Electrical Construction Premium (if any) $ (NAME OF INSURANCE COMPANY) Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be *% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS AND/OR ORGANIZATIONS THAT REQUIRE A WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Page 1 of 1 CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM: Nye Flectrical Ctr�box±i - Try_ PROJECT: PacificS'rAGt- Highway Lichting (Contractor Name) Modifications Cash Contract No. 1324 4755 Lanier RCElc3, (Street Address) Chia), CA 91710 (City, State and Zip) TO: CITY OF HUNTINGTON BEACH Attached hereto is a true and correct copy of the current Certificate of Insurance and Additional Insured Endorsement CG 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of Huntington Beach (" City') and the above -named Contractor 'Contractor') for the above -described project (Project'). I declare under penalty of perjury under the laws of the State of California that the above statement is true and correct. Signed on January 4 20n at Chim, Caali fOrni a (Date) (City, State) is Making Declaration) Contractor hereby warrants and agrees to maintain Products and Completed Operations Insurance in compliance with the insurance requirements of the Contract for the Project. Said insurance shall be maintained through and until the expiration of all Warranties provided by Contractor. Said insurance shall contain Additional Insured Endorsement CG 2010 1185, naming City as an additional insured. Contractor shall supply to City, on at least an annual basis, a Certificate of Insurance and the aforementioned Endorsement evidencing continued coverage which meets the Contract requirements. Signed on January 4 2019at Chino, California (Date) (City, State) CONTRACTOR: By IY Name: KA�z •n Mc-r'ar v Tiide:Cr'%mrate Secretary 277621.2 Company Profile Page 1 of 2 Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Financial Statements PDF's Annual Statements Quarterly Statements CA Supplements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information GREAT AMERICAN INSURANCE COMPANY 580 WALNUT ST CINCINNATI, OH 45202 800-724-7722 Old Company Names Effective Date AMERICAN CONTINENTAL INSURANCE COMPANY 12/06/1976 MANUFACTURERS & MERCHANTS INDEMNITY CO. 09/05/1956 SELECTIVE INSURANCE COMPANY 06/15/1972 back to top Agent For Service JERE KEPRIOS C/O CT CORPORATION SYSTEM 818 WEST SEVENTH ST LOS ANGELES CA 90017 back to top Reference Information NAIC #: 16691 California Company ID #: 1301-1 Date Authorized in California: 10/17/1945 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: OHIO back to top NAIC Group List NAIC Group #: 0084 American Financial Grp back to top Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY http://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyPr... 1 /19/2010 RECEIVED BY: (Name) (Date) TO: hari Freidenrich, City Treasurer FROM: DATE: SUBJECT: Bond Acceptance 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 Z (Coon it Approval Dat ) (Company Name) Agenda Item No. City Clerk Vault No CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating #27 g1followup/bondletter.doc CA2008056 Premium included in Performance Bond PAYMENT BOND (LABORAND ATER . IALS) jn Macadee Electrical Construction .... - ..............I. .........- . ... . . ........... -- ....... ...... ........ ................... ....................................... .... . ............... 4755 Lanier Road, Chino, CA 91710 ... 111-'..---� ......................................... I-, - .................... I ....................................... ........................ Pacific Coast Highway Lighting Modifications ............................................. 1-1.'-II-.'.'.'.-.- ........................ ............ ...................... Cash Contract 1324 1--, ................ I ....... I ............ ....................................................... ........... - pte�lt- a December 28, 2009 CA2008056 ............ Macadee Electrical Construction I .................. ........................................... ..­. W�.. ... ...... .... .... ................. ...................... .................. .......... . ....... .. ....... .......... . ........... Great American Insurance Company ........................ ................ . ...... ....... ............... ..................... ..................... ...... Susan C. Mqpteon.AqoMqy�- ............ 7141:1 740-2400 . ................. . . .... T .................. ........ ...... CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino On December 28, 2009 before me, Pamela McCarthy, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Susan C. Monteon Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence w , to be the person whose name is subscribed to the =:rc within instrument and acknowledged to me that she r !Vji ,,A1 c ;,r 4y executed the same in her authorized capacity, 159202 and that by her signature on the instrument the "�'—"FORNLAE� person, or the entity upon behalf of which the person fv k Jo- fi S Y1 t f €�ilwrV a ` { acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ® Individual ® Corporate Officer Title ® Partner -- M Limited ® General 121 Attorney -in -Fact ® Trustee a Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET 0 CINCINNATI, OHIO 45202 ® 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No. 014463 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds,. undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JAY P. FREEMAN ALL OF ALL PAMELA McCARTHY SAN BERNARDINO, $75,000,000 00 SUSAN C. MONTEON CALIFORNIA FRANCES LEFLER This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 14" day of, MAY , 2009. Attest STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVID C. KITCHIN (513Al2A602) On this 146' day of MAY , 2009, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office 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, 1991 RESOLVED: That the Division President, the Division Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any 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 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, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this d 0 day of, ) e C a � L ��_ 0 ,y C/ j6) 44 1 . N- CA2008056 Premiul�.­i_1600­­____ PERFORMANCE BOND Premium i"ocontract term and is subject to adjustment based on final contract price ........ MacadeettectricatConstruetion"' ............. _­­ . ....... . I,.—,-,..-.', ............ Rlo—a"-d--,---C:l.-hl.i.n..�o.,—Cx�1171-0 -- — - - - ­----------- ­—­ -------- ....... _­ ........... Pacific Coast Highway Lighting Modi ications 1324 ............................. . .............. . ........... I., ...... — --------- . ........... N 3';Nft��t!^,,,'!C3� '�S',x M IN iN t2 Great American Insurance Company -------------- - 750 The City Drive #300, Orange, - - — ------------ - .......... ......... .................. . ..... .......... .Twenty -Five ThousaftdSeven i6-i-n-d-r-M -_---_.Sixty.-Nine and No/100 ­_.­.._,__,..__ ....... ...... ........ ........... .... ....... .............. ........ . .............. 25,769.00 xyz �x 4­n I­N� t A f tqn CA2008056 S vvf.;E. RE T Ab V',.e r�,a.,nt; t fxf- P�a ALB 'd X.J s� 3 t--, 0 December 28, 2009 ? Macadee Electrical Construction ..................... ..................... .. .............. ........... . ----------------- ------------------------------- .................. Qxmmte Sqcretary ....................................... Great American Insurance Company ..................... ................ ................ - ...... ......... . ......... Susan C. Monteon, -i Attomevn-Fact rM ................ 7 14 740-2400 CAL IFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino On December 28, 2009 before me, Pamela McCarthy, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Susan C. Monteon Name(s) of Signer(s) ATH�j 16.59202 SA tOJNTY v' l� n r+_ 2010 who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual ® Corporate Officer Title O Partner -- ® Limited ® General 0 Attorney -in -Fact O Trustee ® Guardian or Conservator Other: Signer is Representing. Number of Pages: Top of thumb here } 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. 014463 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attomey-in-fact, for it and in its name, place.and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power JAY P. FREEMAN ALL OF ALL PAMELA McCARTHY SAN BERNARDINO, $75,000,000.00 SUSAN C. MONTEON CALIFORNIA FRANCES LEFLER This Power of Attorney revokes all previous powers issued in behalf of the attorneys) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 14'" day of, MAY , 2009. Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: DAv1D C. KITCHIN (513Al2-4602) On this 14" day of MAY , 2009, before me personally appeared DAVID C. KITCHIN, to me known, being duly swom, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the Division Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any 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 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, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this day of, P C C� �A-.� Cf isl City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L: FLYNN CITY CLERK January 28, 2010 Macadee Electrical Construction, Inc. 4755 Lanier Rd. Chino, CA 91710 Re: Street Light Modification Project, Pacific Coast Highway — CC-1324 The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Certification of Compliance with Title VII of the Civil Rights Act, Certification of Compliance with Prevailing Wage Laws and Contractor's Certificate form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5437. Sincerely, / J4940 an y n, City Clerk JF:pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Contractor's Certificate Certificate of Compliances Bid Bond (original) Sister Cff1A0vAfi'fis1"aW-V A?tW0%, New Zealand (Telephone: 714-536-5227 ) Council/Agency Meeting Held: 0 00 Deferred/Continued to: App ve ❑ Conditionally Approved ❑ Denied ity lerk ignatur Council Meeting Date: 12/7/2009 Department ID Number: PW 09-57 CITY OF HUNTMTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COU MEMBERS SUBMITTED BY: FRED A. WILSON, CITY ADMINIST PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTO OF P �BLIC WOR S SUBJECT: Award Street Light Modification Project - Pacific Coast Highway Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The Street Lighting Modification project along Pacific Coast Highway from Main Street to First Street, CC-1324, was advertised and sixteen bids were received on October 20, 2009. The apparent low bidder was deemed non -responsive and was disqualified. Staff requests the City Council award the project to the lowest responsive and responsible bidder, Macadee Electrical Construction, Inc. Funding Source: Funds totaling $1 million were appropriated for the upgrade and replacement of street lighting in the downtown area. The funding amount also includes other roadway segments for street lighting upgrades in addition to this segment on Pacific Coast Highway. Funding is from the Redevelopment Agency Account 30590006.82700. The estimated cost for this project is $38,000, which includes the purchase of the street lighting equipment by the City. Recommended Action: Motion to: 1. Approve the project plans and specifications for the Street Light Modifications on Pacific Coast Highway from Main Street to First Street, CC-1324; 2. Declare the apparent low bid from Pro Tech Engineering Corporation, as non- responsive; 3. Accept the lowest responsive and responsible bid submitted by Macadee Electrical Construction, Inc., in the amount of $25,769.00; and 4. Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids and direct staff to readvertise or abandon the project. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/7/2009 DEPARTMENT ID NUMBER: PW 09-57 Analysis: Segments of the existing street lighting system in the downtown area are 50 to 70 years old and the poles and conduits are severely rusted or corroded in many places. These systems also operate at 4,000 to 6,000 volts, whereas the current design practice is 120 or 240 volts. The combination of high voltage and the degradation of the system increase the risk in performing maintenance and construction projects in the area. This segment of Pacific Coast Highway was identified as the second project within the downtown redevelopment area for upgrading the conduit and circuitry. The project limits will be along Pacific Coast Highway from Main Street to First Street on the west (coastal) side of Pacific Coast Highway. The circuitry on the inland side of Pacific Coast Highway has been brought up to current standards and does not require modification. The lighting to the south of the project limit is owned and maintained by Southern California Edison. To the north, the lighting on the inland side of Pacific Coast Highway is Southern California Edison owned and maintained. On the ocean side of Pacific Coast Highway, the street lighting is city -owned and was recently upgraded with a capital project. This project consists of replacing the existing 5,000 volt system with a 240 volt system, consistent with current design standards. The existing conduit in this segment was found to be in mostly serviceable condition, in contrast to many other conduit segments in the downtown area. A new conduit will be installed across Pacific Coast Highway to join the existing circuitry at the intersection of Pacific Coast Highway and First Street. A complete set of plans and specifications are available for review at the Public Works counter during normal business hours. Bids were opened publicly on October 20, 2009, and are listed in ascending order: Bidder Submitted Bid' Corrected Bid 1 Pro Tech Engineering Corporation $19,830.00 2 Macadee Electrical Construction, Inc. $25,769.00 3 Moore Electric $27,221.00 4 PTM Engineering $28,628.00 5 Christopher R. Morales, Inc. $28,800.00 6 Steiny & Company, Inc. $29,748.00 7 MSL Electrical $30,248.00 8 R & M Electrical Contracting $37,829.96 9 D nalectric $39,993.00 10 Terno, Inc. $41,513.00 11 Pouk & Steinle, Inc. $42,000.00 12 California Professional Engineering $45,700.00 13 Global Road Sealing, Inc. $46,500.00 14 Electro-Air Co. $55,500.00 15 Fares Construction and Engineering $63,885.00 $64,004.00 16 Metro Builders & Engineers Group, Ltd. $94,500.00 -2- 11/16/2009 3:55 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/7/2009 DEPARTMENT ID NUMBER: PW 09-57 The bid from Pro Tech Engineering Corporation was non -responsive due to an apparently inaccurate response to a critical element contained in the bid package. This inaccuracy was deemed significant enough to warrant disqualification of the bid and the bidder was promptly notified of the decision. The estimated cost for this project is $36,000 which includes the City purchase of all major equipment. The City typically purchases all major components of the street lighting equipment directly. This practice ensures consistency of equipment among the traffic signals and street lighting maintained by the City. Direct purchase also provides the added benefit of reduced costs to the City due to elimination of contractor mark-ups, typically in excess of 20 percent on this type of equipment. The reference check for Macadee Electrical Construction, Inc. provided acceptable responses from past clients. All other elements of the bid were found to be in compliance with bidding requirements. Therefore, staff recommends that the City Council accept the bid from Macadee Electrical Construction, Inc. as the lowest responsive and responsible bidder. Public Works Commission Action: The Public Works Commission recommended this project on April 15, 2009, by a vote of 5-0-2 (Siersema and Spencer absent). Strategic Plan Goal: Maintain, improve and obtain funding for public improvements. Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15303 (c). Attachment(s): -3- 11/16/2009 3:55 PM ATTACHMENT 1 ,c co9ST N.T.S. T <20' PROJECT LOCATION PACIFIC OCEAN LOCATION MAP ATTACHMENT STREET LIGHTING UPGRADE -PACIFIC COAST HIGHWAY CITY CE HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS HTDATING DEPARTMENT: Public Works SUBJECT: Award Street Light Modification Project - Pacific Coast Highway COUNCIL MEETING DATE: December 7, 2009 RC`A -ATTACHANTS STAT�IS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Appiicable ❑ Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) Attacheducable Not A Staff Report (If applicable)'Attached t Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR RETURWOF.ITEM:. _. RCA Author: Janusz:jg 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): October 1, 8, 15, 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on October 15, 2009 at Costa Mesa, California rlllcl_",4 Signa t . NOTICE INVITING "SEALED BIDS M1324 Notice is hereby given I that; sealed bids will be I' received by the City of. Huntington Beach at the; office of -the City Clerk; j at City`• Hall, 2000 Main- Str.e'et;, Huntington Beach CA-92648, until' the hour,of 2:00 PM on lctober! 20, 2009, at which time ,bids will be opened .publicly and read aloud in the Coun- cil .Chambers"'for, the Street Lighting Modifi- cation ran Pacific. Coast ' Highway between Main Street. and First Street, CC-1324 in. the City- of`�-Huntington Beach. A . set of, plans, specifications;, and con- tract'documents may be obtained starting Octo-! bar 1, '2009 at City, Hall; .Department of Public Works' upon re- 11 ceipt of a coon- refundable .fee o.f.I $30.00, sales -'tax. in-i cluded,, if 'picked` up or I $S0.00 if mailed. ' Each.. bidshall be l .made on. the Proposals Form provided in the contract documents;'i and. shall be accompa- nied by a certified 'or l cashier's check or, a bid bond for not less than 1 10%'.of the amount of � the bid;. made payable Ito the City of Hunting !,ton Beach. The, Contrac {'tor shall,' in the .per- formance'. of the ,work ,and improvements, con- form to the Labor Code, of the State of 'Califor- l I nia and other laws . of! �the, the State mf Californiaapplicable ,thereto, with`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- 1 bor shall. ,be ,given only iin the manner' provided 1 by law:' . ' I _- No bid,shall-be consid- ered �unless'it is .made oh a'form furnished by• 1 the City of .Huntington. !'Beach, Department of. Public Works,; and is made in accordance with the provisions of t.he_ proposal requirements. Each .bidder must be licensed as required by law. , The City Council of the City!. of .Huntington Beach reserves the, right 1 to reject any or all bids. i By, order of the -City' Council of the City of Huntington Beach; Cali- fornia the 8th day of September 2009,. by RESOLUTION 2009-50. Joan.L. Flynn' City Clerk of the City of Huntington Beach 2000 Main Street. "(714)536-5431.. Published Huntington Beachlndependent October,l, 8, 15, Al 1001-897 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): October 1, 8, 15, 2009 1 declare, under penalty of perury; that the foregoing is true and correct.. Executed on October 15, 2009 at Costa Mesa, California Signatui NOTICE INVITING SEALED BIDS" for �-`ft�1324� Notice Is hereby given that sealed 'bids will be received by the -City of Huntington Beach at the office of the 'City Clerk at City; Hall, 2000 Main: Street, Huntington Beach, CA 92648, until the. hour of 2:00 PM on October '20.2009,''at which time bidswill be opened publicly_ and read aloud in the Coun- cil Chambers for; the Street; Lighting Modifi- cation on Pacific Coast Highway between Main Street and First: Street, CC-1324 in the C,ity of Huntington Beach: . A set of plans,. specifications; and con-, tract documents maybe obtained starting Octo- ber 1,' 2009 at City Hall, Department of Public Works upon re- ceipt: of a non refundable. fee of I$30.00; sales tax in - ,eluded, if picked up or ($50.00 if mailed . Each, bid shall be made on'' the Proposal .Form provided ,in the icontract .-documents, and shall. be :accompa- Inied by,a, certified or ; cashier's check or. a bid i ,Ion for not -less than 10, . of the amount ofj the bid, made payable to,the,City of Hunting-, ,ton Beach. The Contrac ltor shall, in .ther per-' iformance of, the work! rand improvements,, con-! (form to the Labor Codei iof the State• of Califor-' inia and. other Laws, of., the .State of California' applicable thereto,,witW the exception; only off 7su'ch'� variations that! may be required under; the special statutes pur-I suant to which proceed-! ings hereunder are tak=1 en .and which have nof': been. superseded by the; provisions of the Labor Code. Preference to.la- bor shall be given only in the manner provided by law, - No bid shall be consid- ered 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 t h e p'r.o p,o,s a'l requirements. Each, bidder "must be licensed as required by law. ' . The City Council of the City; of , Huntington Beach reserves; the right` to reject, any or�all,bids. By order of the City Council 'of the City of Huntington Beach, Cali fornia the 8th day of September 2009, by, RESOLUTION 2009-50._ Joan L.'Flynn City Clerk. of the. City of Huntington Beach 2000 Main Street. (714) 536-5431 : Published Huntington Beachlndependent October 1, 8, 15,;2009 ` _ _- 1001897 CITY OF HUNTINGTON BEACH STREET LIGHTING MODIFICATION ON PCH BETWEEN MAIN ST. AND FIRST ST. CC-1324 BID OPENING: TUESDAY, OCTOBER 19, 2009 @ 2:OOPM ENGINEER'S ESTIMATE: $80,000 BIDS SUBMITTED (AS READ AT OPENING) 1 California Professional Engineering�- 2 Christopher R. Morales, Inc. ----- 3 Dynalectric 4 Electro - Air Co. / --�- 5 Fares Construction & Engineering 6 Fluoresco 7 Global Road Sealing, Inc. /3 ---5-00 8 Hanson Electric Inc. 9 Macadee Electrical Construction, Inc. 02 ----° 10 Metro Builders & Engineers Group Ltd. ----- 11 Moore Electric 3 — 12 MSL Electric 13 Pouk & Steinle, Inc. 14 Pro Tech Engineering, Corp. -- 15 PTM Engineering,�}�� 16 RM & Electrical Contracting 17 Steiny and Company, Inc. a 18 TDS Engineering 19 e-R fitl C� 20 Wharton Enterprises 21 22 23 24 25 GAConstruction Contracts (CCs)\CC1324 Main-PCH Street Light Replacement Phase II\Bid Opening Worksheet.doc 10/20/2009 CL- CZ3 NOTICE INVITING SEALED BIDS for CC-1324 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 PM on October 20, 2009, at which time bids will be opened publicly and read aloud in the Council Chambers for the Street Lighting Modification on Pacific Coast )Highway between Main Street and First Street, CC-1324 in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting October 1, 2009 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $30.00, sales tax included, if picked up or $50.00 if mailed. Each bid shall be made on the Proposal Form provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 8th day of September 2009, by RESOLUTION 2009-50. Joan L. Flynn City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 CC-1324 CITY OF HUNTINGTON 2000 Main Street P.O. Box 190 Huntington Beach, CA LETTER OF TRANSMITTAL Attention: Joan L. Flynn To: City Clerk's Office 2000 Main Huntington Beach, CA 92648 BEACH 92 64 8 Fax (714) 374-1573 Date: September 24, 2009 Project/C.C. No.: C.C. No. 1324 Regarding: Street Lighting Modification on PCH ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # Copies . Pages I Descri tion 1 1 1 Notice Inviting Sealed Bids for CC-1324, Street Lighting Modification on Pacific Coast Highway (Route 1 between Main Street and First Street 2 3 These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Per Resolution 2009-50 (adopted on September 8, 2009), the City Council authorized the advertisement of the above Street Lighting Modification on Pacific Coast Highway (Routel) between Main Street and First Street Project. Please find attached the Notice Inviting Sealed Bids for advertisement on 10/1/09, 10/8/09 & 10/15/09. The bid opening is scheduled for 10/20/09. Please contact me at 374-1628 with any questions you may have. cc: file William F. Janusz; cipal Civil EngindW GACONSTRUCTION CONTRACTS (CCS) \CC1324 MAIN-PCH STREET LIGHT REPLACEMENT PHASE II\NISB TRANSMITAL TO CLERK-CC-1324.DOC Unsuccessful Bids NMI City of Huntington Beach 2000 Main Street o Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERIC February 1, 2010 Pro Tech Engineering Corp. 3535 E. Coast Highway, Suite 325 Corona Del Mar, CA 92625 RE: CC-1324 — Street Lighting Modification on Pacific Coast Highway between Main St. and First Street Enclosed please find your original bid bond for CC-1324. Sincerely, JF:pe enclosure Sister Cffffo (4R��'Sj'�r�f tvr?3kgp8, New Zealand (Telephone: 714-536-5227 ) Er® o PR® TECH ENGINEERING, CORP. 3535 E. COAST HIGHWAY SUITE 325 CORONA DEL MAR, CA 92625 TO: CITY OF HUNTINGTON BEACH CITY CLERK 2000 Main Street Huntington Beach, CA 92648 Due Date: 10.20.2009 @ 2:00 PM Pacific Coast HiLginwav (Route 1) between Main Street and First Street CC NO. 1324 SECTION C for the Street Lighting Modification on: Pacific Coast Highway (Route 1) between Main Street and First Street CC No. 1324 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids 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 &O& S &D in the amount of $ l0'/• 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: C-2 PROJECT BID SCHEDULE Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and First Street CC-1324 1 2 3 4 5 6 1 L.S. Mobilization. @ (fit e, Akivoys ary Gko�`c0..`C5 crh\S, Per L.S. 1 L.S. Traffic Control. @ C)VNe, AV\OvS axn.A Per L.S. L.S. 8 EA Replace Existing Street Light Luminaires. Per�J 1 L.S. Install Conduit, Pull Boxes, Modify Type III Service, and Install Conductors in New and existing Conduit @� iq�t -�•oyS o.x�c?. Sey�ti1 'k�d rcd ar%.� f t u dollars o c\\� . Per L.S. 300 L.F. Install additional 2" conduit (not shown on plans) within sidewalk area at the discretion of the Engineer. @ 6udee,j d o lUu6 Per L.F. 1 L.S. Caltrans Encroachment Permit @ C)r'o USo�►�cl c�o�larS co rst _. Per L.S. Total Amount Bid in Figures: $ kq I % � . 00 Total Amount Bid in Words: $ $O II $ $ ) D00.' 11$ 1 000 .-- $ AC65 $ .3. nc. $ti�50 II$ SS�15b.`_ $ ►ju00.— II $ t ,06o. — Note for CC-1324: The City will provide the luminaires and lamps at no cost to the contractor. The contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Hide, UVW46 , being first duly sworn, deposes and says that he or.slfe is PReSicQebtil� of PRO -Tak e" PtePr�i the party making the foregoing bid that the bid is not made in the interest of, or on th eha f 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. ,pRp 7f& k-Neze-%Wl - Name of Bidder SignatiVe of Bidder 3'53s G7. Cook ' 32os 0. �4q —L>yj N.4Qp_ , c.A q2(o2S Address of Bidder Subscribed and sworn to before me this IC day of o� i71P.Or , NOTARY PUBLIC Commission * 1854881 Notary Public - California Orange County NOTARY SEAL C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and first Street, (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: 16. 192009 FRO leb 6t4aIN�,�C Contractor By FAside4 Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? LJ Yes M�No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 10 • i C1. 1 Yt0 �2 �•�1 � I P,2eR I pq . Copp. Contractor By �7'eS�dl� Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: JRD Teeb 6N( INP.r°. ito GoR12. Contractor 1j By e&g.dei Title Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name 35 3s C • Coast HWq # 325- Business Address G`wAla- Pot/ Oa4 (,-A qy(0-i s- City, State Zip j qqq ) ?70. A35 Telephone Number -7513,51 1e-10 , State Contractor's License No. and Class -3Im Original Date Issued /0I/,ol( Expiration Date The work site was inspected by (% I v 1 kNa of our office on 200 The following are persons, firms, and corporations having a principal interest in this proposal: Mike N i kw Fs --F(Z6We4- C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. l"sa�m -re- dh Company Name Signature of Bidder Zvi1 �e N1 kr„af S Printed or Typed Signature Subscribed and sworn to before me this aday of �Icn'-R— , 20p I> HELA KAIDi1 Commission # 1054881 Notary Public - California Orange County 1%vii C mm. Expires Jun 20. 2013 z NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: ?1 c Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: /\ ' f Contract Amount `J 3. - 0-� �L'Ltce'!A-b ,-- Name bnd Address of Public Agency ,, Type of Work Name and Telephone No. of Project Manager: rr'41 C- Contract Amount Type of Work �:.itir MOU , 0-7-6dl Date Completed Date Date Completed C-11 ALLEGHENY CASUALTY COMPANY BOND NO.: PROTE-190 . KNOW ALL MEN BY THESE PRESENTS: That we, PRO TECH ENGINEERING CORPORATION DBA PRO TECH ELECTRIC, (hereinafter called the Principal), and ALLEGHENY CASUALTY COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of PENNSYLVANIA, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, thereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars (10% OF BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for STREET LIGHTING MODIFICATION ON PCH BETWEEN MAIN STREET AND FIRST STREET, in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 9th day of OCTOBER, 2009. PRO TECH ENGINEERING CORPORATION DBA PRO TECH ELECTRIC ALLEGHENY CASUALTY COMPANY BY: ffizt5�L { MATTHEW R. DOB Attorney -in -Fact ALLEGHENY CASUALTY COMPANY 300 Cottonwood Avenue, Suite #8 Hartland, W153029 Phone(262) 912-6611 POWER OF ATTORNEY L1.5_05436 KNOW ALL MEN BY THESE PRESENTS: That ALLEGHENY CASUALTY COMPANY, acorporation of the Commonwealth of Pennsylvania, does hereby make, constitute and appoint -- Randy Spohn, Matthew R. Dobyns -- its true and lawful Attorney(s)-in-fact to make, execute, seal and deliver for and on its behalf as surety, as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds the sum of One Million Five Hundred Thousand Dollars ($1,500,000.00) and the execution of such bonds in pursuance of these presents shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Meadville, Pennsylvania, in their own proper persons. The power of attorney is granted under and by authority of the following resolution adopted by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000. RESOLVED, that (1) the President, Vice President, or Secretary of ALLEG FIE -NY CASUALTY COMPANY shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Company and affix the Company's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any of such Officers of the Company may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Company; and (3) the signature of any such Officer of ALLEGHENY CASUALTY COMPANY and the Company seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. In Witness Whereof, ALLEGHENY CASUALTY COMPANY has caused these presents to be signed and its corporate seal to be hereto affixed on November 5, 2008. Uun 1936 ACVA�p Commonwealth of Pennsylvania, County of Crawford - ss: ALLEGHENY CASUALTY COMPANY By Secreta On November 5, 2008, before me appeared John C. Soff to me personally known, who being by me duly sworn, did say that he resides in the Commonwealth of Pennsylvania, that he is Secretary of ALLEGHENY CASUALTY COMPANY, that he is the individual described in and who executed the preceding instrument, and that the seal affixed on said instrument is the corporate seal of said Company, and that instrument was signed and sealed on behalf of said Company by authority and direction of said Company, and the said officer acknowledged said instrument to be the free act and deed of said Company. IZZUZ' �� Notary Publk of Pennsylvania `�CRAWFDAO My commission Expires 03/31/11 Commonwealth of Pennsylvania, County of Crawford - ss: I, John C. Soff, Secretary of ALLEGHENY CASUALTY COMPANY, a corporation of the Commonwealth of Pennsylvania, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, Executed by the said Company, which is still in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company on this 9 th day of October 20 09 . Form L1.5 ALLEGHENY CASUALTY COMPANY By tj Secrets State of CALIFORNIA County of ORANGE On October 9, 2009 before me, Erika Guido, NOTARY PUBLIC., personally appeared MATTHEW R. DOBYNS ►1 cV COMM. # 1843731 NOTARY PUBLIC CALIFORNIA s ORANGE COUNTY ►v My comm. expires May 5, 2013 l 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 pd and official seal, (nature of Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DEscRIPTI®N ®F ATTACHED DOCUMENT City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK February 1, 2010 Moore Electrical Contracting, Inc. 463 North Smith Avenue Corona, CA 92880 RE: CC-1324 — Street Lighting Modification on Pacific Coast Highway between Main St. and First Street Enclosed please find your original bid bond for CC-1324. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe enclosure Jfollo u cas cont/retur db n .doc Sister Criles: jo, apan ® alga ere, New Zealand (Telephone: 714-536-5227 ) MOORE ELECTRICAL CONTRACTING, INC. 463 NORTH SMITH AVENUE CORONA, CA 92880 610382 C-109 A (951) 371-4202 lVI®OREsrELECT CAL CON'�'RACTING, INC. ] "�G�'�T�'T!�"',�.7►'Ti�+tl� �i1�I' F';�.d''YT"l�'!"'/�� �'7' T-�''Pf **** SEALED BID PROPOSAL. DO NOT OPEN UNTIL 2:00 PM, OCTOBER 20, 2009**** CITY CLERK — SECOND FLOOR CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH CA 92648 w SECTION C PROPOSAL for the Street Lighting Modification on: "1110ORE ELECTRICAL CONTRACTING, INC. 463 N. SMITH AVENUE CORONA, CA 92880-6905 Pacific Coast Highway (Route 1) between Main Street and First Street CC No.1324 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids 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 Bidder's Bond in the amount of $ 107. 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: C-2 PROJECT BID SCHEDULE Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and First Street CC-1324 1 1 L.S. Mobilization. ��P�n s lUn $ $ Per L.S. 2 1 L.S. Traffic Control. $jpDo-.w $1, 00D- e Pe L.S. 3 8 EA Replace Existing Street Light Luminaires. (a) Two LWOODA450 $, 00 $ 00.p0 Per A. 4 1 L.S. Install Conduit, Pull Boxes, Modify Type III Service, and Install Conductors in New and existing Conduit Do Per L.S. 5 300 L.F. Install additional 2" conduit (not shown on plans) within sidewalk area at the discretion of the Engineer. $OQ $ Ia 1000 U>a P r L.F. 6 1 L.S. Caltrans En oachment Permit Per L.S. Total Amount Bid in Figures: $ C� r71UU e-1k in Note for CC-1324: The City will provide the luminaires and lamps at no cost to the contractor. The contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class I of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Rusty B. Moore , being first duly sworn, deposes and says that he 4w-she is President of Moore Electrical Contracting, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Moore Electrical Contracting, Name of Bidder Signature of i �r- Rusty B. r President 463 NoreSmith Avenue Corona, CA 92880 Address of Bidder (SEE ATTAM) Subscribed and sworn to before me this day of , 20 _ NOTARY PUBLIC NOTARY SEAL C-5 State of California County of On 10/20/09 Date Riverside before me, Diane Rene Cody, NotaryPublic Here Insert Name and Title of the Officer personally appeared Rusty B. Moore Name(s) of Signers) DIANE RENE CODY " ' i ; Commission # 1777745 Notary Public - California Riverside County MyComm Expires Nov 8, 2011 who proved to me on the basis of satisfactory evidence to be the person(s) whose name* istare-subscribed to the within instrument and acknowledged to me that he/Wwfthey executed the same in his✓herAh& authorized capacity(ies)-and that by hie�gnature(s}on the instrument the persor(s),_or the entity upon behalf of which the persons 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 y hand and official seal. Signatur �-- C_�OJ_M— Place Notary Seal Above p T pp iane Rene Cody, Notary Public OPT Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Moore Electrical Contracting, Inc. Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Moore Electrical Contractine, Inc. 02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402-Chatsworth, CA 91313-2402-www.NaranalNotaryorg ttem#5907 Reorder: Call Toll -Free 1-8W-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 Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and first Street, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 10/20/09 Moore Electrical Contracting,%. Contractor Rusty B. %*e, President Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 10/20/09 Moore Electrical Contracting, Contractor Utz Rusty e: Moore, President Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Moore Electrical ContractinV-Inc.; Contractor Rusty $: 46ore, President Title Date: 10/20/09 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER certifies that the following information is true and correct: Moore Electrical Contracting, Inc. Bidder Name 463 North Smith Avenue Business Address Corona, CA 92880 City, State Zip ( 951 ) 371-4202 Telephone Number 610382 C10, A State Contractor's License No. and Class 1/22/91 Original Date Issued 1/31/11 Expiration Date The work site was inspected by of our office on The following are persons, firms, and corporations having a principal interest in this proposal: See Attached C-10 '„ �i LU "Energized for Excellence" - Corporate Officers: s Rosco'e.gi: Moore; Chief Executive Officer �oore, Rusty Re 1Vt President / RM® V /, WesleyL. Lobo, Vice President �Paul J. Thorp, -Vice President Lynn Ray Ashworth; Chief Financial%Officer .- _-� __ Jose Conrado Corporate Secretary - - i 4 l` ,i i Lin.#610382 Moore Electrical Contracting, Inc. •Corporate 0 � � ce, 46�3 N. Smith Aue. •Corona, Ct192880-6905 • (951) 371-4202 Ph. • (951) 371-4296 Fax • w�nnrw.mooreelectric.com The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Moore Electrical Contracting, Inc. t any Name Signature of Bidde Rusty B. Moore, ident Printed or Typed ignature (SEE ATTACEIED) Subscribed and sworn to before me this _ day of , 200_ . DIANE RENE CODY Commission # 1777745 i Notary Public - California z : Riverside County g My Comm. Expires Nov 8, 2011 NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. See Attached 01 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-11 CA,M,c:c:.c: __ E;y^•�%-L.-.'w1`> l?' C'.C'K'w�ac r. S:G '-_.E:A.'::.'2����e..^ State of California County of Riverside On 10/20/09 before me, Diane Rene Cody, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rusty B. Moore Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose name(s) islafe-subscribed to the within instrument and acknowledged to me that he/shelkl%7•executed the same in hi&lum heir- a orized capacityoes)-and that by hisillu*their-signatureis)-on the instrument the persor4a) or the entity upon behalf of which the persor4s)-acted, executed the instrument. DIANE RENE CODY I certify under PENALTY OF PERJURY under the laws ,[ Commission # 1777745 of the State of California that the foregoing paragraph is <-m Notary Public - California Riverside County = true and correct. MyComm.E>cplresNov8,2011 WITNESSM.and and official al. Signature Place Notary Seal Above ne Cody, No ary Public OPTiOfNAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Moore Electrical Contracting, Inc. .. lG THUNIB'P INS 6F SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Moore Electrical Contracting, Inc. G T N'�U�P��R,I�V'T,� OF 5IGNER�I 02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402•Chatsworth, CA 91313-2402• www.NadonaiNotaryorg Item#5907 Reorder:CaHTo9-Free 1-800-876-6W 1. Job Number: 2. Job Name/Location: 3. Estimator: 4. Contract Amount: PM: 5. General Contractor: Street: City, State, Zip: Contact Person: Telephone #: 6. Owner: Street: City, State, Zip: Contact Person: Telephone #: ***** Federal Aid Project # 7. Estimated Start Date: FWAIWI MOR"' Date: Offild Bid Date: 8. Working Days: 9. Liquidated Damages: 5, 0.101-41 W' 0100- 10. Contract Approved As To Amount and Scope: 11. Contract Approved As To Legal Content: 12. Copy of Contract to Moore Files (Unsigned): 13. Date Insurance Certificates Requested: s ' r Ell G F: Billing Date:101711 14. Date Contract Mailed to Owner/General Contractor: Date: 15. 20 Day Prelim Notice: y.NMI"- 16. Date Signed Contract Received by Moore: 1191111,111 MINE! 91=1 X 17. Certified Payroll ?:sue; MT O(Yes or No) N 18. The Following Forms Requested Were Mailed with Contract: 3. 4. Job Infornation Sheet T514.xls 1. Jcb Number: 2. Job Name/Location: 3. Estimator: 4. Contract Amount: JOB INFORMATION & CHECKLIST . nor PMgam �.i r 9 5. General Contractor: Street: City, State, Zip: Contact Person: Telephone #: 6. Owner: Street: City, State, Zip: Contact Person: Telephone #: ***** Federal Aid Project # 7. Estimated Start Date: 8. Working Days: 9. Liquidated Damages: 10. Contract Approved As To Amount and Scope: 11. Contract Approved As To Legal Content: 12. Copy of Contract to Moore Files (Unsigned): 13. Date Insurance Certificates Requested: Date:�2't.z Bid Date: GF: Billing Date: 14. Date Contract Mailed to Owner/General Contractor: 15. 20 Day Prelim Notice: -- -<_- 16. Date Signed Contract Received by Moore: 17. Certified Payroll ?: ; (Yes or No) 18. The Following Forms Requested Were Mailed with Contract: 1 i f 3 t ... k .M .*�/.. Date....._ ..,,....:::::<::..<... <. 2. 4, Job Infomation Sheet T497.xls B INFORMATION & CHECKLIST 1. Job Number: �., ......b� _<....::..::i 2. Job Name/Location: 3. Estimator: 4. Contract Amount: PM: 5. General Contractor: Street: City, State, Zip: Contact Person: Telephone #: 6. Owner: Street: City, State, Zip: Contact Person: Telephone #: ***** Federal Aid Project # 7. Estimated Start Date: 8. Working Days: 9. Liquidated Damages: 10. Contract Approved As To Amount and Scope: 11. Contract Approved As To Legal Content: 12. Copy of Contract to Moore Files (Unsigned): 13. Date Insurance Certificates Requested: **REVISED** Date: Bid Dater GF: Billing Date: 14. Date Contract Mailed to Owner/General Contractor: 15. 20 Day Prelim Notice: 0,;; py< 16. Date Signed Contract Received by Moore: -' v 17. Certified Payroll ?: = y :.. ! _ (Yes or No) 18. The Following Forms Requested Were Mailed with Contract: 1 . ,n %£ V 01dyr IN r= : i �f Date. , :. ......�� Yr ,,,,.�.,s� 2. 4. Job Infomation Sheet T510.xls 1. Job Number: 2. Job Name/Location: 3. Estimator: 4. Contract Amount: PM: 5. General Contractor: Street: City, State, Zip: Contact Person: Telephone #: 6. Owner: Street: City, State, Zip: Contact Person: Telephone #: ***** Federal Aid Project # 7. Estimated Start Date: ,JOB INFORMATION & CHECKLIST , Date: lhh...:..: ...�Bid Date: GF: NMI. Billing Date: 8. WorkingDays: r <€_' gg: 9. Liquidated Damages: 10. Contract Approved As To Amount and Scope: € _,===;,;M,;y':,, 11. Contract Approved As To Legal Content:'`„ :.. 12. Copy of Contract to Moore Files (Unsigned): 13. Date Insurance Certificates Requested: q 14. Date Contract Mailed to Owner/General Contractor: q •rriiG,<:. .'rfis'a"'s.'<%?is"• 15. 20 Da Prelim Notice: €€€€€:�<';;€<„ ..;:... Date: s 16. Date Signed Contract Received by Moore:e;', Y-%: 17. Certified Payroll ?._-'--- _ Yes or No 18. The Following Forms Requested Were Mailed with Contract: €c>::'S'{3 �:.., . ?!.7%.:;5?s'::; <,v.F>`%tf's•%ii";��€;•a%,�%'x€ ...,� ' <:.. `=i,'.<::'<iE:'s: ,• ."may H y Job Infomation Sheet D173.xls THE AMERICAN INSTITUTE OF ARCHITECTS w�a AIA Document A310 s KNOW ALL MEN BY THESE PRESENTS, that we Moore Electrical Contracting, Inc. as Principal, hereinafter called the Principal, and Fidelity and Deposit Company of Maryland a corporation duly organized under the laws of the State of Maryland as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Bid Amount ($10% of Bid), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and First Street CC No. 1324 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 16th day of October, 2009. 11A c (wt ess Diane Cody, Project r itr Moore Electrical Co�ftracti5@6 Inc. Rusty B. Moore, (Seal) Fidelity and/De0osit Company of Maryland (Sea/) (Witness) Ryza Jee Desaca, Asst. Account Rep. By Edward N. Hackett, Attorney -In -Fact ( t AIA DOCUMENT A310 • BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE_ N.W., WASHINGTON, D.C. 20006 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On 10/20/09 before me, Diane Rene Cody, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rusty B. Moore Name(a) of sigrter(s) 1,011 DIANE RENE 717777451 DY Commission # Notary Public - California Riverside County My Nov 5, 2011 who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is✓are-subscribed to the within instrument and acknowledged to me that he/s*eAhey-mocuted the same in hislherAhOW-NUthorized capacftjl5s Fand that by his/her/their signatup4i;yon the instrument the person(&: ,- r the entity upon behalf of which the persoo(e�ibd, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE hard and official P Signature Notary above a Rene Cody, Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited Cl General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Moore Electrical Contracting, Inc. Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other:._ - Signer Is Representing: Moore Electrical Contracting. Inc. tRIGN7THUi)IoPRINT: Top of thumb here 02007 National Notary Association -9350 De Soto Ave.,P.O. Box 2402-Chaltiworth,CA 91313-2402- www.NationalNotaryotg Item#5907 Reorder:Cak TOA-11ee1-80G-76.6827 .d CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego On OCT 16 2009 before me, Audrey Rodriguez, Notary Public Date Here Insert Name and Title of the Olficet personally appeared Edward N. Hackett Name(s) of Signer(s) . u AG1Dr3EY €iOt)Ftl%i.1EZ COMM. #fi1631526 ty 0 , : ` 'OTARY PUBLIC-CALIFORNIA SAN DIEGO! COUNTY 0 My Commit, ion Expires f3ECEfSE 1g> 2t3t?g Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person($] whose name0o is1XX subscribed to the within instrument and acknowledged to me that he/"I" executed the same in his/DW/Mxauthorized capacity0 e)(l, and that by his/00M*X signatureoQ on the instrument the person(ibQ, or the entity upon behalf of which the personX 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 Signature OPTIONAL Though the information below is not required by law, it may prove valuable to per and could prevent fraudulent removal and reattachment of this form to Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ring on the document. Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: TRIGHTTHUMBPRINT ' ,OE:SIGNER ' c 11 • �1 �: Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said y, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the adak ereby nominate, constitute and appoint Edward N. HACKETT, of San Diego, Californ• I ld Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf assure de nds and undertakings, and the execution of such bonds or u o sua s, shall be as binding upon said Company, as fully and amply, to all intents P i xecuted and acknowledged by the regularly elected officers of the GOffice,�� in their own proper persons. The said Assist Section 2, of the I IN WITNESS affixed the Corp A.D. 2008. ATTEST: 'gyp 9fPOs�i _ti fa o W yyyy IYW �'VAhI set forth on the reverse side hereof is a true copy of Article VI, Znhesaid "Vice.-President �isnow in force. and .Assistant Secretary have hereunto subscribed their names and of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 1 Ith day of June, State of Maryland Baltimore County ss. FIDELITY AND DEPOSIT COMPANY OF MARYLAND 4,'__ ;), 15�1� Eric D. Barnes Assistant Secretary By. Theodore G. Martinez On this IIth day of June, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Dennis R. Hayden Notary Public My Commission Expires: February 15, 2013 POA-F 012-9310M City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK February 1, 2010 PTM General Engineering Services, Inc. 5942 Acorn Street Riverside, CA 92504 RE: CC-1324 — Street Lighting Modification on Pacific Coast Highway between Main St. and First Street Enclosed please find your original bid bond for CC-1324. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister CR/P'0AYg8a,$P9"�fWrWffi 94P6, New Zealand 1 Telephone: 714-536-5227 ) Bidder .• PTM General Engineering Services, Inc 5942 Acorn Street Riverside, Ca 92504 951, 710.1000 To: City of Huntington Beach Attn: City Clerk r r 2000 Main St , 2"d Floor Huntington Beach, CA 92648 714.536,5431 Date of Bid., Tuesday, October 20, 2009 Time of Bid: 2: 00p• m. CC No. 1324 Project Desc.• Pacific Coast Highway (Rte 1) Between Main St and First St. BID EVCL05ED -- DO NOT OPEN WITH REGULAR SECTION C for the Street Fighting Modification on: Pacific Coast Highway (Route 1) between Main Street and First Street CC No.1324 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HIJNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids 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 Bid Bond in the amount of $ l o % of tot W�clh . 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 Or WV(VS.-6- 63jPt-L C-2 PROJECT BID SCHEDULE Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and First Street CC-1324 iTtetrt� x'.r >,£ #E" Stunted � LktTtem With Tmx'ycentfen Woxd's£ ^ 5tt a't? �% wL}D.Yh.X�'x",.�k e,. k "�a•C ;At fS nce� `=. x xx`L,j }Y.� ems.,. 1 1 L.S. Mobilization. @ One Thousand Dollars $ 1000..00 $ 1000.00 Per L.S. 2 3 1 L.S. 8 EA Traffic Control. @ Five Hundred Dollars Per L.S. Replace Existing Street Light Luminaires. 500.00 500.00 @ One Hundred Dollars 100.00 800.00 Per EA. 4 1 L.S. Install Conduit, Pull Boxes, Modify Type III Service, and Install Conductors in New and existing Conduit @ Eighteen Thousand Six 18628 . 0 $ 18628.00 $ HLinclr�rt Twent�Eight Dlls . Per L.S. 5 300 L.F. Install additional 2" conduit (not shown on plans) within sidewalk area at the discretion of the Engineer. $ 12.00 $ 3600.00 @ Twelve Dollars Per L.F. 6 1 L.S. Caltrans Encroachment Permit @ Four Thousand One Tuiindred Trull arr. $ 4100.00 $ 4100.00 Per L.S. Total Amount Bid in Figures: $ 281628.00 Total Amount Bid in Words:$ Twenty Eight Thousand Six Hundred Twenty Dote for CC-1324: The City will provide the luminaires and lamps at no cost to the contractor. The contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class Ptn.B/I 3-4 Freeway Electric P.O. Box 7745 Riverside, CA 92513-7745 684572 A; C10; C3 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-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID State of California ss. Riverside County of Gibe Brian Mendoza , being first duly sworn, deposes and says that he or she is vice President/Secretary Of PTM General Eng. Svcs, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. PTM General Engineering Services, Inc. Name of Bidder Brian Mendoza Signature of Bidder Vice Presi ent Secretary 5942 Acorn St. Riverside, CA 92504 Address of Bidder Subscribed and sworn to before me this 19th day o fOctober 2009 NOTARY PUBLIC Elizabeth H. M. McRae C-5 ------------ ELIZABETH H.M. MCRAE Cam # 1606768 ►A NOTARY PUBLIC -CALIFORNIA RIVERSIDE COUNTY MY Comm. Exp. AUG. 7, 2010 NOTARY 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 Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and first Street, (l)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and :he 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 farther promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 10/19/09 C-6 PTM General Engineering Services, Inc. Contractor By Brian Mendoza Title Vice President/Secretary 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? El Yes 0 No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 10/19/09 C-8 PTM General Engineering Services, Inc. Contractor 9 BY Briar_ 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 811 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: PTM General Engineering Services, Inc. Contractor By Brian Mendoza, Vice President/Secretary Title Date: 10/19/09 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: PTM General Engineering Services, Inc. Bidder Name 5942 Acorn St. Business Address Riverside, CA 92504 City, (951.) 710.1000 Telephone Number 891265 Class A; C10; C31 State Contractor's License No. and Class 02/2007 Original Date Issued 02/2011 Expiration Date State Zip The work site was inspected by Brian Mendoza of our office on 10 / 19 , 20b 9 The following are persons, firms, and corporations having a principal interest in this proposal: Elizabeth H. Mendoza de McRae, President/CFO 595 So. Los Coyotes Dr. Anaheim Hills, CA 92807 951.722.5678 Brian Mendoza, Vice President/Secretary 11080 Kay Jay St. Riverside, CA 92503 951.722.5755 C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. PTM General Engineering Services, Inc. Company Name (19) Signature of Bidder Brian Mendoza, Vice President/Secretary Printed or Typed Signature Subscribed and sworn to before me this 19 day of October , 2000 9. LIz.ASETH KM. MCRAE Cm4m. # 686is8 in 'mom NOTARY PU iC-CAUPORNIA RIVERSIDE GOAT' NOTARY PUBLIC Elizabeth H . M . McRae / MY CDMM. EXP. AUG. 7, zoto NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. City of Diamond Bar 21825 Copley Dr. Diamond Bar, CA 91765 Name and Address of Public Agency Mr. John Huie 951.205.2856 Name and Telephone No. of Project Manager: $436,000.00 T/S Interconnect with T/S Modification 10/08 & Fiber Optic - Phase 1 Contract Amount Type of Work Date Completed 2. Dept. of Transportation 1727 30th St. Sacramento, CA 95816 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mr. Joe Obad i ke , R.E. 951,830.6821 $492,155.00 Install Electrical System 06/09 rnnT nR-nmc;Sn4 Contract Amount Type of Work Date Completed Sta. Clarita Communtiy College 1262 Sierra Hwy. Canyon Country, CA 3. 91387 Name and Address of Public Agency Mr. Joe Souza 805.431.3168 Name and Telephone No. of Project Manager: Lundgren Mgt. $324,238.00 Traffic Signal & Utility Imp. 08/08 Contract Amount Type of Work Date Completed C-11 More references attached. Brian Mendoza P.O. Box 7745 Riverside, CA 92513-7745 Email: brian@ptm-eng.com S Cell 951.722.5755 Chief Estimator and Supervisor of Outside Operations Supervisor of outside operations with over 18 years of experience. Electrician with over 20 years of experience. An effective communicator and team leader; experienced in coordinating and executing large and fast -paced projects. CAREER EXPERIENCE Freeway Electric/P'IM General Engineering -Services, Inc. Riverside, CA 06/2006 to Date Chief Estimator/Supervisor of Outside Operations In charge of managing the estimating department and finalizing bid packages; coordinating the beginning phase of an awarded project between the company and agency. Project submittals, contract review. Coordinated and managed crews California region; handled various sized projects ranging in size from $1,000 to $4.5 mullion dealing with dry utilities, wet utilities, traffic signals, and road improvements. Maintained coordination Freeway Electric/PTM General Engineering and subcontractor, and project owners. In charge of handling project's administrative work; monthly gross estimates, project progress schedule, materials requisitions, contract change order negotiations and equipment purchase and rentals. High Light Electric Inc./Pete & Sons Construction Inc. Riverside, CA 10/96 to 06/2006 Chief Estimator In charge of managing the estimating department and finalizing bid packages. Coordinating the beginning phase of an awarded project between the company and agency or prime contractor; project submittals, contract review. Successfully bid on projects totaling $12 million with an average spread 6%. Area Supervisor Coordinated and managed 10 crews consisting of 6 members per team in the southern California region; handled various sized projects ranging in size from $1,000 to $4.5 million dealing with dry utilities, wet utilities, traffic signals, and road improvements. Maintained coordination between High Light Electric Inc and subcontractor, general contractor and project owners. In charge of handling project's administrative work; monthly gross estimates, project progress schedule, materials requisitions, contract change order negotiations and equipment purchase and rentals. Continued... BRIAN MENDOZA •]Page 2 CAREER EXPERIENCE CONTINUED 1VIBE Electric Inc. in Riverside, CA 10/1998-10/1996 Vice President and Head of Outside Operations Managed outside operations for all projects ranging in size from $1 to $2.5 million. Headed an around the clock electric crew and coordinated with CC Meyes to repair the I-10 Santa Monica Freeway after it collapsed during the 1994 Northridge Earthquake to complete the fast paced project in 66 days. Maintain coordination between MBE Electric and subcontractors, general contractor and project owners; implemented and enforced safety guidelines. Handled administrative work; monthly progress estimates, material requisitions, contract change order negotiations. Vasco Corporation in San Fernando, CA 10/1987-06/1998 Foreman (Fart Time) Managed day to day operations of work crews and various projects ranging in size from $1,000 to $5,000 in Eastern Los Angeles County; traffic signals, street lighting, signal interconnect. Raymor Electric in Rosemead, CA 06/1986-10/1987 Crew Leader (Part Time) In charge of work crew on projects ranging from $25,000 to $250,000 through out Los Angeles County. WORK SHILLS • Capable of operating heavy equipment such as slap loaders, cranes, and backhoes; F • Hands-on experience with hand tools and power tools; ® Capable of overseeing fast -paced and high profile projects; ® An effective communicator and leader; EDUCATION • International Brotherhood of Electrical Workers Completed training course (1988-1989) in'street lighting and traffic signal installations, code enforcement and blue print reading. ® South Gate High School Received High School diploma in 1988 BRIAN 1VMENDOZA • Page 3 CAREER EXPERIENCE CONTINUED PROFESSIONAL • International Brotherhood of Electrical Workers (IBEW) • National Electrical Contractors Association (NECA) ACCREDITATION • IBEW-Journeyman Wireman; CSLB-Electrical Contractors; Certified Trench Safety Coordinator. • English (Native) • Spanish (Fluent) LANGUAGES AWARD 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 Ci of Los Angeles for "Small Business" in 1997. • Recipient of the Certificate of Recognition by the Cit} 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 and maximization in the "Century Freeway Affirmative Action" by CFAAC. PROFESSIONAL AND PERSONAL REFERENCES Caltrans project #07-1224U4 (Electrical contract amount $4.5 million) Project completed in 2005 Description of project: Installation of traffic signals, ramps metering, sign illumination, Highway lighting, fiber optic communication, and electrical irrigation along the I-10 Freeway in Los Angeles County. • Doug Dwason-Project Manager for prime contractor, Balfour Beatty Cell (949)232-3276 and Office (909)397-8040 • Patty Galvan- Resident Engineer. Office (909)594-4270 • Veronica Ross -Electrical Inspector. Cell (714)606-6311 BRIAN MENDOZA • Page 4 CAREER EXPERIENCE CONTINUED City of Redlands Contract #208300-72304/41008 (Electrical contract amount is $218,800) Project completed in 2003 Description of project: Installation of traffic signals, modification of ramp metering, lighting and sign illumination. Bill Hensley -Senior Civil Engineer- Office (909)798-7586 ext 2 Juan Olvera-Project Manager for general contractor, H&H Construction- Cell (951)453-7712 and Office (909)473-7331. Caltrans project #08-4567V4) Electrical contract amount is $938,238) Project completed in 2005 Description of project: Installation of lighting system along the 1-5 Freeway in San Bernardino County. • Gary Vogel -Project Manager form prime contractor, Granite Construction Cell: (661)549-3953 and Office (661)726-4447 Sanbag Projects, Segment 1, 2, 3, early segment 9, segment 9, and alder Ave. (Total electrical contract amount was $3.2 million) Project completed in 2004. Description of projects: Installation of traffic signals, ramp metering, sign illumination, highway lighting, fiber optic communication, and electrical irrigation along the I-10 Freeway in San Bernardino County. Harold Lantis-Sanbag Contract Manager- Cell (760)802-7730 and Office (909)875-8029 ext 213. Tim Hanable-Caltrans Inspector- Cell (951)712-0021 Al Ortega- Project Manager for prime contractor, Yeager Shanska- Cell (714)240- 5333. City of Indio Project #ST0137 (Electrical contract amount was $1.4 million) Project completed in 2005 Description of project: Installation of street lighting system, traffic signals, electrical irrigation, and dry utilities. • Gary Baxter -Area Manager for prime contractor, Yeager Shanska Construction - Cell (909)721-9749 and Office (760)343-5472 • Tommy Young -Project Manager for prime contractor- Cell (951)232-6618 and Office (760)343-5472 e Mehran Sepehri-City Engineer- Cell (760)250-2201 Additional Professional References: • Zale Harris-Caltrans Inspector- Cell (951)289-0047 • Ray Robles-Caltrans area supervisor- Cell (909)799-0646 BID BOND KNOW ALL BY THESE PRESENTS, That we, PTM General Engineering Services, Inc. of 5942 Acorn Street Riverside Ca 92504 (hereinafter called the Principal), as Principal, and Berkley Regional Insurance Company (hereinafter called the Surety), as Surety are held and firmly bound unto City of Huntington Beach (hereinafter called die Obligee) in the penal sum of Ten Percent of Amount Bid Dollars ($ 10% ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Street Lighting Modification on Pacific Coast Highway (Rte 1) Between Main Street & First Street NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 19th day of October 2009 M General E Witness Witness By Services, Inc. (Seal) Principal tie InsArance p E. Vega, Atton cy-in-Fact No. 7916 POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a r corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, has made, constituted and appointed, and does by these presents make, constitute and appoint: Philip Vega or Frank Morones of J C & D Bonding & Insurance Services, Inc. of Covina, CA its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation n s shall exceed Fifty Million and 00/100 Dollars ($50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: r "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner ® and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." r IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this � day of 2009. Attest: Berkley onal Insura e Company (Seal) By By �d+ Ira S. Lederman Robert P. Cole Senior Vice President & Secretary Senior Vice President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT ) m ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this --:�?::-2da of �� z ! 2009, b Robert P. Cole and Ira S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vi�ident and Secretary, respectively, of Berkley Regional Insurance Company. l� ml K I L / ,a A _- a "I�yx ;- �, _ 4 n, Notary Public, State of Connecticut rD'EXFFESJUN113f,�4;,H, CERTIFICATE 1, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this 19 th day of Oc tober 2009 (Seal) s Steven Coward ACKNOWLEDGMENT State of California County of Riverside On �9/®9 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(x) whose name(s� is/Z[MX subscribed to the within instrument and acknowledged to me that he/Ur executed the same in his/kerAbotr authorized capacity! , and that by his/ r signature(it) on the instrument the person(, or the entity upon behalf of which the person(k) 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 Whandanal seal. __ _ 7 3NOTARY PUglib + t )a't I j RiVER :ID Jfa (Seal) My Comm. E Signature ,�,, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 1 0 / 19 / 0 9 before me, Monica Blaisdell, Notary Date Here Imeft Name and Tille of the Me, personally appeared Philip Vpqq Name(s) of Signers M&0MEA BLAil SDELI Commission # 1794078 Notary Public - California Orange County f*CWft9Vk"Ma26.2012 + who proved to me on the basis of satisfactory evidence to be the personal whose name%) is/AW subscribed to the within instrument and acknowledged to me that be/Wtftexecuted the same in his/,"y(authorized capacity(ImX and that by his)kW ignature(4(on the instrument the person), or the entity upon behalf of which the person(2) acted, executed the instrument. I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ' Signature Flaw Notary Seat Above agmture of Notary Pubric 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 farm to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ 'Individual C Corporate Officer -- Title(s): ❑ Partner — ❑ Limited 0 General ❑ Attorney in Fact 0 Trustee Top of thumb here ❑ Guardian or Conservator D Other: Signer Is Representing-, Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — O Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMSPR. NT! Or SIGNER- *, Top of thumb here ®2007NatlonalNotary Associaaon-9350DoSoso Ave.,P.O.Bmc2402•Chatsworth, CA91313-2402-vrww.NatlortalNotaryorg I1emrt59U7 Reorder; Call Tall -Free 1-800-876.6W City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK February 1, 2010 RMF Contracting, Inc. dba R & M Electrical Contracting 26301 Dimension Drive Lake Forest, CA 92630 RE: CC-1324 — Street Lighting Modification on Pacific Coast Highway between Main St. and First Street Enclosed please find your original. bid bond for CC-1324. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister New Zealand ( Telephone: 714-536-5227 ) ` clk'1�� 2009 OCT 20 pH 2: 01 for the Street Lighting Modification on: Pacific Coast highway (Route 1) between Main Street and First Street CC No. 1324 in the CITY OF HUNTINGTON BEACH. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids 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 d. � 1W in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and First Street CC-1324 1 I L.S. Mobil'zation. na to Per L.S. 2 1 L.S. Traffic Control. Ln VWAA $ 2-7 /1,-7()340 Per L.S. 3 8 EA Replace Exis�t_ing S eet ight Luminaires. %� @ t YU�i1 n S o $2�° $ 1 Per EA. 4 1 L.S. Install Conduit, Pull Boxes, Modify Type III Service, and Install Conductors in New and existing duit $ { 5 $ L , , � 3 @ ! t 5evim Per L.S. 5 300 L.F. Install additional 2" conduit (not shown on plans) within sidewalk area atthe �discretion of the i Eng ��� eer. (M Wl.. $ � I�r� $ , S Per L.F. 6 1 L. S. Caltr s Eperoac ent Permit Per L.S. Total Amount Bid in Figures: $ Total Amount Bid in Words: Note for CC-1324: The City will provide the luminaires and lamps at no cost to the contractor. The contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number VbTkana b rw-, (-A-, M g233(o By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that hem or she is R(A-(.�.i? ��d' of fit' Cetttty�tti�► jfjt . l� V, �A C(� 44. { the par�fy m ng 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. ill ,�'�� [wer Name of Bidder 1' L A I �,k Signature of Bidder q! 2-(03D Address of Bidder Subscribed and sworn to before me this day of _N�WY, 20 . NOTARY PUBLIC NOTARY SEAL C-s CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Staff COL On per; Ga:_ HEATHER JOY 6 commissim► * 183887g Notary Pudiic • camonda M y CComm- . E�i ii Q166 "13 who proved to me on the basis of satisfactory evidence to be the person( whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/,4v6lthdy_ executed the same in his/ber4heir authorized capacity(ips), and that by his/ signaturew on the instrument the pers nW, or the entity upon behalf of which the personK 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 and nd official seal. Signatur At Place Notary Seal Above SignatukU NotarYjuDW OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPR_ INIT OF'SIGNE11 .p of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 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 Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and first Street, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: it.72—,Dq Contractor By - Nv,�P, - Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes 4No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: ,V-� cu)+(r10, -Vic,. Contractor Y Np.m A eA� Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: RM-�7 Cwmae7k. , t rye iZ leC-to c A eb�eU f1 Contractor QAAeV.d��RALJeA'A— By Preside -.,a+ Title Date: U I L01° Note: This form is required for every Dig Alert Identification Number issued by U. S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name 2l� 1 ZKffVAUz M W.R �Fb(& CAlt ora Business Address CA cf?-b, S-D City, State Zip Telephone Number �C) State Contractor's License No. and Class Original Date Issued 101314 Expiration Date The work site was inspected by 0.` of our office on to 3 , 2009 The following are persons, firms, and corporations having a principal interest in this proposal: C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder CIA/ Printed or Typed Signature Subscribed and sworn to before me this ��iay of WA) , 200!9 . A NOTARY PUBLIC 5e-& NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: I. 2. r h Name and Address of Public Name and Telephone No. of Project Manager: �J �6 e ��'! "�_���� m �v14t, c11 G fi CGi, 2C'i Contract Amount Type of Work Date leompleted Name Name and Telephone No. of Project Manager: 1'� (J00405-13qq drlrl lJ v . A VSALUZ 1 '-''111' � l Contract Amount Type of Work Date ompleted uflyhuftw C&Saf) -oxnadcao nw Name and A ress of Public Agency Name and Telephone No. of Project Manager: O(qbq)33*7-5tp-c) . -- IS-1 Contract Amount Type of erk e �� Date Completed C-11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ta'ti �� •a;neS T. � ,�. �.,�.ti�aa,.• ��a�-av��T, a a�� ��a�.. _ �5� .a.,. aaS.. : a' 9a � ti � a State of California County of Ors( Ime.) On �ft(�� �� before me, Date Here Inset Name and Title of the Officer to personally appeared � � I► Y -e I f r Nigner(s who proved to me on the basis of satisfactory evidence to be the persortKwhose name(.° is/orfe subscribed to the within instrument and acknowledged to me that he/sh6/thcKy executed the same in his/Kr/,VKeir authorized ILQHEATHER JOY 8ROY1�1 capacity), and that by his/bdr/thdiir signaturek4 on the Commission # 1ROWN instrument the person(,; or the entity upon behalf of Notary Public - California z which the person * acted, executed the instrument. Orange County D My Comm. Ex Tres Feb 16.2013t 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 nd official seal. Signature mp Place Notary Seal Above Sign ur of Not y Mlic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER _ A:Al� Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: WIMz . 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 VNIN INSCO INSURANCE SERVICES, INC. insc%IC® Underwriting Manager for: p Developers Surety and indemnity Company Indemnity Company of California 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, RMF Contracting, Inc. dba R & M Electrical Contracting BOND NO. N/A as Principal, and Developers Surety and Indemnity Company a corporation authorized to transact a general surety business in the State of Iowa 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 amount bid Dollars, ($ 10% ) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Street Lighting Modification on Pacific Coast Highway (Route 1) Between Main Street and First Street NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, 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 8th day of October 2009 YEAR RMF Contracting, Inc. dba R & M Electrical Contracting Developers Surety and Indemnity Company Sur Principal Pamela McCarthy Attor ey-in-Fact ID-1198 (Bid Bond) (REV. 1/01) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California \ /) SS. County of San Bernardino On October 8, 2009 before me, Cynthia J. Young, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Pamela McCarthy CYNTHIA J. YOUNG COMM. # 1806614 NOTARY PUSUC - CAL FORN1AiC SAN SEW00011§10 COUNTY My Comm, Expkw July 15, 2012 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. A �1 ,, n - 4, 4, - :, ature of N ry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual 0 Corporate Officer Title O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: 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: ***Jay P. Freeman,Pamela McCarthy, Susan C. Monteon, Frances Lefler, 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 Attomey(s)-in-Fact full power and authority to do.and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorey(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 1 st, 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 1 st, 2008. may-- .................. By:1/ •'orc�� AND Stephen T. Pate, Senior Vice President yJ�: o�PORgl CCT. By.:0=: 5� 10 1936 Charles L. Day, Assistant Secretary '; . /OW State of California County of Orange M On January 1st 2008 before me, Christopher J. Roach, Notary Public Date —r Here Insert Name and Title of the Officer personally appeared T. Pate and Chades L. Da Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to 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 CHMSTJ. BOAC" which the person(s) acted, executed the instrument. COMM, 0 1745M � NOTARY PU4W CAILFOR 11A I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE � � true and correct. My Comm e Owe lea 19, 2011 WITNESS my hand and offs ial 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 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, the#_day of By: Albert Hiliebrand, Assistant ecretary ID-1380(Wet)(Rev.07/07) City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK February 1, 2010 Christopher R. Morales, Inc. 155 N. Eucla Ave. San Dimas, CA 91773 RE: CC-1324 — Street Lighting Modification on Pacific Coast Highway between Main St. and First Street Enclosed please find your original bid bond for CC-1324. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister New Zealand ( Telephone: 714-536-52M CHRISTOPHER R. I 155 N. EUCLA AVE SAN DIMAS, CA 91 �r 's��i.P.1 CITY OF HUNTINGTON BEACH 2000 MAIN ST 2ND FLOOR HUNTINGTON BEACH,CA 92648 El SECTION C PROPOSAL for the Street Lighting Modification on: Pacific Coast Highway (Route 1) between Main Street and First Street CC No. 1324 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids 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. 1k m 1-_ Accompanying this proposal of bid, findg I c 2 'S DohAin the amount of $1 c 0(_ Fj b,<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: N Q A e C-Z PROJECT DID SCHEDULE Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and First Street CC-1324 1 1 L.S. Mobilization. $ kjb00, $ Woo . Per L.S. 2 1 L.S. Traffic Control. $ 1, 000 $ GOO < Per L.S. 3 8 EA Replace Existing Street Light Luminaires. @ V $ 3 00. Uco $ Per EA. 4 1 L.S. Install Conduit, Pull Boxes, Modify Type III Service, and Install Conductors in New and existing Conduit $�,..�JOOOCX� GO Per L.S. 5 300 L.F. Install additional 2" conduit (not shown on plans) within sidewalk area at the discretion of the Engineer. $ `� e% $ @ Per L.F. 6 1 L.S. Caltrans Encroachment Permit 00 Ll Per L.S. Total Amount Bid in Figures: $ �(10 C) R Total Amount Bid in Words: $ Note for CC-1324: The City will provide the luminaires and lamps at no cost to the contractor. The contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class o Work Number n J �DG� v►•-I,rG�i c� r5 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange chy- omy- kbyoe , being first duly sworn, deposes and says that he or she is fr2S i cA kY1 - of C hr t S VapYier � - M cYa IeS, I vi the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to before me this 2-0 NOTARY PUBLIC Christopher R. Morales, inc- Name of Bidder Signature of Bi der is S7 N •eyda Ir Address of Bidder day of 6 0+ , 20 6 A. A I�r�eap NOTARY SEAL C-s CALIFORNIA ALL-PURPOSE _:���:���� ����5���: �.L�����:�:�������5��.��.�C S:'\S.r�.C����✓'�Q.�S���a'�S�Q ��'��a_$�5���� ������C��.�C.�,C��.1� State of California County of LOS ANGELES On i 0 2016e1 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) �RAMON C. ARTEAGA Commission # 1655887 Z `z ¢.0 a Notary Public - California > Z r ' n Los Angeles County My Comm. Expires Apr 29, 2010r Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(@) whose name(* is/qp subscribed to the within instrument and acknowledged to me that he/' executed the same in his/fir authorized capacity(VA, and that by his/4111111111M signature(f on the instrument the person(*, or the entity upon behalf of which the personlip 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 m and and official seal. 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 Documents Title or Type of Document: Nl" Cc� l Mmt(�rX "l ` (l d okU11 Document Date: f 0 VDo ! ock Number of Pages: j Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: CHRISTOPHER R. MORALES ❑ Individual EX Corporate Officer — Title(s): PRESIDENT ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ 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 RIGHTTHUMBPRINT ;OF SIGNER 02007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and first Street, (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: [0 Zo bQ( C pher R. Minrales, Inca Con act r hf 1s op Hact les By �Y-e� I Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? 1 ❑ Yes C No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 1 D 12U 161 Christopher R. Morales, hift Contr fo(`r Y 1 Wpis oV tf 1L401(U1es By pre(gl�► Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor :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-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Christopher R. Morales, Inc. Bidder Name vs- I\A - L uC 10( kle- . Business Address SCAVA C cj� Ot 1-1-13 City, State Zip ( � 6 1 ) 56ici -'LIL b 1 Telephone Number ,?D L,:,A 3 S 8 , e- - 1 Co State Contractor's License No. and Class 11- b 01 -'Z CsD QS Original Date Issued It -30 'a-oi Expiration Date The work site was inspected byC1\V1�, v hey '' YCtl of our office on 1 O `Z , 20 C q The following are persons, firms, and corporations having a principal interest in this proposal: bN m► o pher- � C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Chrlst®pher R. Moraless Inn. Company Name of Uvv5 topher hor qu Printed or Typed Signature Subscribed and sworn to before me this ZO day of 2W19 NOTARY PUBLIC AMM RY-feCI�� NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 :�..;��r_s�.gr_-��_�r-�.S�S!��;:�g S�.':c�gS_--�_'.�4 SS.--�.'g�S�_--�_'e;a�S • S,.C�S,�..�.'S�S�S��S�_-�_'S >;a�.!:�. >�.�c�_a�_'>�_.-�_'S 5�.�_-�.'S%--�_'>�C�S%-�.'c;�S,�.�. State of California County of LOS ANGELES On jolgdol Date before me, RAMON C . ARTEAGA A NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared CHRISTOPHER R. MORALES Name(s) of Signer(s) RAMCN C. ARTEAGA z rc. ` 1 Commission # 7655887 Z ; , 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(@) whose name(40 is/ip subscribed to the within instrument and acknowledged to me that he/0!l10y executed the same in his/bolOW authorized capacity(P", and that by his/011111111ft signature( on the instrument the person*, or the entity upon behalf of which the person(le 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 m and and official seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Doc Title or Type of Document Date: t 0 1 `�.© Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) r'9 I ✓t��rtn�a-� -� Signer's Name: CHRISTOPHER R . MORALES ❑ Individual Corporate Officer—Title(s): PRESIDENT ❑ Partner — ❑ Limited ❑ General MR ❑ Attorney in Fact • -' ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: 1 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 Christopher R. Morales, Inc, 155 N. Eucla Ave., San Dimas, CA 91773 Phone (909) 599-2201, Main Fax (909) 599-2722, Estimating Fax (909) 599-0376 Completed References ➢ City of Pasadena Raymond Ave. -Street Lighting C-10 117 E. Colorado Blvd. Original Contract: $58,888 Final $58,888 Pasadena, CA 91109 Contact: Reny Quijano (626)744-6741 Date of Completion: May 2007 Percentage performed by our own forces: 100% Project Manager: Araceli Nieto ➢ City of Pasadena Avenue 64-Street Lighting C-10 117 E. Colorado Blvd. Original Contract: $409,887 Final $427,887 Pasadena, CA 91109 Contact: Reny Quijano (626)744-6741 Date of Completion: May 2007 Percentage performed by our own forces: 100% Project Manager: Essen Menjivar ➢ City of Baldwin Park Los Angeles St. Traffic Signals 3 locations C-10 14403 E. Pacific Ave. Original Contract: $438,438 Final: $452,572 Baldwin Park, CA 91708 Contact: Arjan Idnani (626) 960-4011 Date of Completion: December 2006 Percentage performed by our own forces: 92% Project Manager: Araceli Nieto ➢ City of Pasadena Sunnyslope Crosswalk C-10 117 E. Colorado Ave. Original Contract:$229,989 Final: $229,989 Pasadena, CA 91105 Contact: Reny Quijano (626) 744-4124 Date of Completion: January 12, 2007 Percentage performed by our own forces: 100% Project Manager: Jennie Pittman ➢ County of Los Angeles San Bernardino @ Nora -Traffic Signal C-10 900 S. Fremont Ave. Original Contract: $79,255.50 Final $75,745 Alhambra, Ca 91803 Contact: Luke Miller (626) 458-3122 Date of Completion: December 12, 2005 Percentage performed by our own forces: 97.4% Project Manager: Jennie Pittman ➢ City of Gardena Normandie Ave -Traffic Signal C-10 1700 W. 162"d St. Original Contract: $112,9000 Final $113,958 Gardena, Ca Contact: John Felix (310) 217-9643 Date of Completion: May 11, 2006 Percentage performed by our own forces: 91.5% Project Manager: Jennie Pittman Christopher R. Morales, Inc, 155 N. Eucla Ave., San Dimas, CA 91773 Phone (909) 599-2201, Main Fax (909) 599-2722, Estimating Fax (909) 599-0376 ➢ City of La Mirada Rosecrans & Biola Ave. Traffic Signal C-10 13700 La Mirada Blvd Original Contract: $88, 780 Final $91,639 La Mirada, CA 90638 Contact: Gary Sanui (562) 902-2373 Date of Completion: December 2006 Percentage performed by our own forces: 100% Project Manager: Araceli Nieto ➢ City of Monrovia Royal Oaks Drive Traffic Signal C-10 415 South Ivy Ave. Original Contract: $129,218 Final $130,765 Monrovia, Ca 91016 Contact: Jed Rizk (626)932-5562 Date of Completion: May 2007 Percentage performed by our own forces: 95% Project Manager: Jennie Pittman ➢ City of Whittier Pickering Avenue Traffic Signal C-10 13230 Penn Street Original Contract: $189,738 Final $191,414 Whittier, CA 90602 Contact: James Keena (562)464-3523 Date of Completion: January 2007 Percentage performed by our own forces: 96% Project Manager: Jennie Pittman ➢ LA County Via Princessa Traffic Signal C-10 900 S. Fremont Ave. Original Contract: $373,516 Final $306,825 Alhambra, CA 91803 Contact: Robert Eisenhammer Date of Completion: September 2006 Percentage performed by our own forces: 90% Project Manager: Araceli Nieto ➢ City of Irvine Berkley & Cornell Traffic Signal C-10 6427 oak Canyon Original Contract: $297,997 Final: 270,865 Irvine, Ca 92623 Contact: Uyenly Bui (949)724-7559 Date of Completion: July 2007 Percentage performed by our own forces: 100% Project Manager: Araceli Nieto ➢ City of Cypress Cypress Traffic Signal C-10 5275 Orange Ave. Original Contract: $149,870 Final $158,168 Cypress, Ca 90630 Contact: Keith Carter (714)229-6750 Date of Completion: April 23, 2007 Percentage performed by our own forces: 100% Project Manager: Jennie Pittman ➢ City of Santa Ana Adaptive Downtown Signal C-10 20 Civic Center Plaza Original Contract: $321,032 Final $343,097 Santa Ana, CA 92702 Contact Edgard Torres (714) 647-5058 Date of Completion: June 2008 Percentage performed by our own forces: 60% Project Manager: Araceli Nieto Christopher Igo Morales, Inc, 155 N. Euda Ave., San Dimas, CA 91773 Phone (909) 599-2201, Main Fax (909) 599-2722, Estimating Fax (909) 599-0376 ➢ City of Diamond Bar Golden Springs Traffic Signal C-10 21825 Copley Drive Original Contract: $383,740 Final $420,707 Diamond Bar, CA 91765 Contact Rick Yee (909)839-7043 Date of Completion: June 2008 Percentage performed by our own forces: 85% Project Manager: Jennie Pittman ➢ County of Orange In roadway Flash Crosswalk Light Sys C-10 300 North Flower St. Original Contract: $128, 860 Final $137,912.22 Santa Ana, CA 92702 Contact: David Rocha (714) 834-2300 Date of Completion: June 2008 Percentage performed by our own forces: 95% Project Manager: Araceli Nieto ➢ City of Vernon Atlantic Blvd. and Bandini Traffic Signal C-10 4305 Santa Fe Ave. Original Contract: $226,689 Final $236,124.88 Vernon, CA 90058 Contact: Sherwood Natsuhara (323) 583-8811 Date of Completion: June 2008 Percentage of work performed by our own forces: 95% Project Manager: Jennie Pittman ➢ City of Pasadena CCTV Rosemont C-10 100 N. Garfield Original Contract: $205,000 Final $204,800 Pasadena, CA Contact: Reny Quijano (626) 744-6741 Date of Completion: July 2008 Percentage of work performed by our own forces: 75% Project Manager: Essen Menjivar ➢ City of Santa Ana Bristol Street Traffic Management Ph I & III 20 Civic Center Plaza Original Contract: $289,090 Final: $291,523 Santa Ana, Ca 92702 Contact: Bill Albright (714) 647-5029 Date of Completion: January 2009 Percentage of work performed by our own forces: 100% Project Manager: Araceli Nieto ➢ City of Pico Rivera New TS at Washington Blvd & Loch Alene Blvd 6615 Passons Blvd Original Contract: $133,151 Final: $ Pico Rivera, CA Contact: Romeo Ligason (562) 801-4350 Date of Completion: October 2008 Percentage of work performed by our own forces: 100% Project Manager: Araceli Nieto ➢ City of Santa Clarita Newhall Ranch Rd US Pole 23920 Valencia Blvd Original Contract: $40,684 Final: $44,096 Santa Clarita, CA 91355 Contact: Amalia Marreh (661)255-4363 Date of Completion: April 2009 Percentage of work performed by our own forces: 100% Project Manager: Araceli Nieto Christopher R. Morales, Inc, 155 N. Eucla Ave., San Dimas, CA 91773 Phone (909) 599-2201, Main Fax (909) 599-2722, Estimating Fax (909) 599-0376 ➢ City of Pico Rivera New TS at Rosemead Blvd & The Marketplace 6615 Passons Blvd Original Contract: $104,996 Final: $113,609 Pico Rivera, CA Contact: Jim Harris (909) 895-8800 Date of Completion: May 2009 Percentage of work performed by our own forces: 100% Project Manager: Araceli Nieto 1FTV19 INSCO INSURANCE SERVICES, INC. insc lco Underwriting Manager for: Developers Insurance Company • Indemnity Company of California Developers Surety and Indemnity Company 17780 Fitch, Suite 200 • Irvine, California 92614 • (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, That we,------CHRISTOPHER R. MORALES, INC. ----------------------------- as Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY -------------------------- authorized to transact a general surety business in the State of _IOWA bound unto CITY OF HUNTINGTON BEACH ---- -------------------------------------------------- ---------------------------------------------------------------- in the full and just sum of --- TEN PERCENT OF THE AMOUNT OF THE BID N/A a corporation as Surety, are held and firmly (hereinafter called the Obligee) Dollars, ($_ 10I_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 STREET LIGHTING MODIFICATION ON PACIFIC COAST HIGHWAY (ROUTE 1) BETWEEN MAIN STREET AND FIRST STREET PROJECT NO: 1324 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 16 th CHRISTOPHER R. MORALES, INC. Principal ID-1198 (Bid Bond) (REV. 12100) OCTOBER day of ----------- 2009 YEAR DEVELOPERS SURETY AND INDEMNITY COMPANY Surety le BY: SHAWN BLUME Attorney -in -Fact k State of California County of RIVERSIDE On /i1 -1- before me, R. NAPPI "NOTARY PUBLIC" , (Here insert name and title of the officer) personally appeared SHAWN BLUME who proved to me on the basis of satisfactory evidence to be the personA whose nameXWare-subscribed to the within instrument and acknowledged to me that he/sht thty executed the same in his/heMli6r authorized capacity{ies), and that by his/hg4theirsignatureJ4 on the instrument the person(, , or the entity upon behalf of which the persono 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. . N001 WITNESS my hand and official seal. COMM. #1796916 NOTARY PUBLIC -CALIFORNIA D Cr RIVERSIDE COUNTY My Comm. Expires June 7, 2012 4e- Signature of NotaryPubli (Notary Seal) 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 0 Individual (s) 0 Corporate Officer (Title) 0 Partner(s) O Attorney -in -Fact 0 Trustee(s) O Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must comain rerbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and ohached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment rerbiage as maj, be printed on such a document so long as the rerbiage does not require the notary to. do something Mai is illegal for a notay in California (i.e.. certifying the authorized capacity of the. signer). Please check the 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 trust 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. lte/sheld*) is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdocument 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.c. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.corn .1 . POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Michael D. Stong, Rosemary Nappi, Shawn Blume, Jeremy Pendergast, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said 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}- -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 1 st, 2008. By: � AND kv.'` 30PANY0 Stephen T Pate, Senior Vice President �` ' �� P ;�o`tFOR'�- �� pP'PQ,9.c7J, OCT. G . OCT. 5 O By. a'. 1936 : © W 1967 Charles L. Day, Assistant Secretary State of California County of Orange On August 13th2008 before me, Jenny TT Nguyen, Notary Public Date Here Insert Name and Title of the Officer personally appeared Place Notary Sea] Above T. Pate and Charles L. Da Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature i Je TT Ng n I CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 16 thay of OCTOBER, 2009 By: Albert Hillebrand, Assistant ecretary ID-1380(Wet)(Rev.07/07) CALIFORNIAALL-PURPOSE �, .... >-,.s:�, <�.;�..�,!�.�,.�,.�...:,•�•�,�::a>�>!�.;�..�.�.�> , • >!�s:::, ,:ems .-�. >�.;�.�,s�> • ,•.=� State of California County of LOS ANGELES On 166 6 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) RAMON C. ARTEAGA Commission # 1655887 Z Z �� Notary Public - California ram, Los Angeles County My Comm. Expires Apr 29, 2010 who proved to me on the basis of satisfactory evidence to be the person(*) whose name(" is/(p subscribed to the within instrument and acknowledged to me that he/01111110W executed the same in his/4011111111W authorized capacity('l*, and that by hi signaturell on the instrument the person(*, or the entity upon behalf of which the personal$ 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 nd and official seal. Signature t� - 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: ?i d �c, Document Date: k O` -'o I %a Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: CHRISTOPHER R . MORALES ❑ Individual ® Corporate Officer — Title(s): PRESIDENT ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Nar ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT, 01F IGNER ' '�:�_!G✓:�:C✓ �✓i�✓i�:i `✓G\✓i�✓G�✓i�✓r�%i\✓�i`�✓. i�✓:�✓i�✓ �✓i�✓i\vi�✓i�✓ �✓ice✓ \✓iC� i�✓i�✓.�✓i�✓i�✓, i�✓i�✓i�✓. i�✓i`✓i�✓:�%G✓i�✓i�✓i�%i� \✓� ice✓ City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK February 1, 2010 Steiny & Company, Inc. 12907 E. Garvey Avenue Baldwin Park, CA 91706 RE: CC-1324 — Street Lighting Modification on Pacific Coast Highway between Main St. and First Street Enclosed please find your original bid bond for CC-1324. Sincerely, JF:pe Enclosure Sister C#/M10AYg6aSjWlV"AY f!P@, New Zealand ( Telephone: 714-536-5227 ) P 71 OCT 20 P11 1• 26 SECTION C PROPOSAL for the Street Lighting Modification on: Pacific Coast Highway (Route 1) between Main Street and First Street CC No. 1324 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids 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, findb adoy n b&Ain 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: C-2 PROJECT BID SCHEDULE Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and First Street CC-1324 1 1 L.S. Mobilization. @ 'Two 'Oc"Ar-5 Per L.S. 2 1 L.S. Traffic Control. @ i " �NtJyA�1p 1��2:� $ 001 `_ $ 7-4000 — Per L.S. 3 8 EA Replace Existing Street Light Luminaires. —J-WF w\ y Per EA. 4 1 L.S. Install Conduit, Pull Boxes, Modify Type III Service, and Install Conductors in New and existing Conduit @7W1r -1eEN $�'4U $ 13. Per L.S. 5 300 L.F. Install additional 2" conduit (not shown on plans) within sidewalk area at the discretion of the Engineer. $3 i $ tl t� IJI II Per L.F. II II I 6 1 L.S. Caltrans Encroachment Permit (� G(WA + $ �� _ $ Per L.S. Total Amount Bid in Figures: $ Z } -7 Total Amount Bid in Words: $ t lV i N i N E; l N 0 U 6NNi) i Sk- V i N H U iy) (%� 1) �0 2T y E (L 1 OaLt A 4S Note for CC-1324: The City will provide the luminaires and lamps at no cost to the contractor. The contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Class Portion Name and Address of Subcontractor State License of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH DID State of California ss. County of Orange Richard Tesoriero , being first duly sworn, deposes and says that he or she is Vice President of STEM AND COMPANY. INC. the parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Richard Tasoriero, Vice President Name of Bidder Signature of Bidder 12907 East Garvey Avenue P.O. BOX 8100 Baldwin Park, CA 91706-0993 Address of Bidder Subscribed and sworn to before me this JC14— day of ( Q,� , 20 v . NOTARY PUBLIC SHAWN R. BRADFIELD Commission # 1738049 a -:s Notary Public - California z Riverside County My Comm. Expires Nary 9, 2011 NOTARY SEAL C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and first Street, (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. MINY AND COMPANY. INC. Contractor By Richard Tesodem, Vice President Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes A No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: STEM AND COMPANY, MC. Contractor By Richard Tesoriero, Vice President Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 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-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: ETEINY AND COMPANY, INC. Bidder Name 12907 East Garvey Avenue P.O. Box 8100 Baldwin Park, CA 91706-0993 Business Address City, State Zip (, ) 626118.9923 Telephone Number State License No.161273 Class A, B, C-7 & C-10 State Contractor's License No. and Class n 1 Cp Original Date Issued Expiration Date Ol The work site was inspected by M,h -U 00--4 0j I) )of our office on , 20bq The following are persons, firms, and corporations having a principal interest in this proposal: Chairman �a MeMwy Vice President Richard Tesoriem Secretal Go* C. Kappelman C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder S1EINY AND COMPANY, INC. Richard Tesoriero, Vice President Printed or Typed Signature Subscribed and sworn to before me this;CLU\day of W%V , 20 SHAWN R. BR DF E D Commission # 1738049 a Notary Public - California Riverside County My Comm. Expires May 9, 2011 NOTARY PUBLIC >"MM -� 'FlAndl-A dd—, 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. !Su- 0& 1'1 LJ--' ui- Name and Address of Public Agency K 0 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-11 STEINY AND COMTANY, INC. ELectrianL Covutoators cwA Ein,gEvLeers CURRENT, PREVIOUS, AND MAJOR PROJECTS 4822 OCTA SR22 4695 Fair Oaks Corridor Transportation Improvements Owner: Orange County Transportation Authority (OCTA) Owner: City of Pasadena General: Granite -Myers -Rados General: Steiny & Company Value: $22,140,890.00 Value: $1,814,489 Contact: David Smith (GMR) (714) 712-1600 Contact: Dave Ortega (626) 744-4312 Completion: 711112008 Completion: 1011812005 4895 FY2005 Street & Park Lighting 4853 TSM0010151 Traffic Signal Mod. @ Artesia BI. ETAL Owner: City of Santa Monica Owner: County of Los Angeles General: Steiny & Company General: Steiny & Company Value: $2,045,021.04 Value: $914,000.00 Contact: Gene Higginbotham (310) 458-8721 Contact: Issa Adawi a (626) 458-5100 Completion: Z28/2008 Completion: 04117108 4811 LACO - Pacific 4819 RDC0013015, Eastern Ave/Garfield Av Traffic Sync. Owner: County of Los Angeles Owner: County of Los Angeles General: Steiny & Company General: Steiny & Company, Inc. Value: $1,229,488.16 Value: $1,020,690.66 Contact: Cliff Craig (626) 458-5100 Contact: Cliff Craig (626) 458-5100 Completion: 02/28/08 Completion: 05120108 4769 Phase III Res. Street Lighting Improvements 4506 L.A. - ATSAC (S.D. Fwy. Corridor) Owner: City of Beverly Hills Owner: County of Los Angeles General: Balfour Beatty Infrastructure, Inc. General: Steiny & Company, Inc. Value: $7,050,023.89 Value: $12,130,768.40 Contact: Chris Theisen (310) 285-2504 Contact: IManoochehr Adhami (213) 847-5102 Completion: 10/5/2006 Completion: 07131105 4926 University Park 4908 Mission Viejo - Crown Valley Parkway Widening. Owner: Palm Desert Funding Co., LP Owner: City of Mission Viejo General: Granite Construction Co. General: All American Asphalt Value: 1,387,745.29 Value: $1,037,218 Contact: Joe Richardson (760) 775-7500 Contact: Jerry LeBouef (951) 739-4671 Completion: 12/30/2007 Completion: open 4998 1683-Bed Bath & Beyond 4997 Anaheim - Garden Walk Owner: ABAH LLC/KDMM LLC Owner: Anaheim GW, LLC General: VCC - West Coast General: Bayley Construction Value: $795,428.10 Value: $876,255.00 Contact: George Erskine (949) 851-8474 Contact: Chuck Hijazi (714) 540-8863 Completion: 1211612007 Completion: Dec-08 4935 Rosecrans Ave./Aviation Bl. Intersection Project PH11 4124 08-Riv.,SBd-10,91,215-Var., Contract 08 OK5004 Owner: City of Hawthorne Owner: State of CA Dept. of Transportation General: Griffith Company General: ISteiny & Company, Inc. Value: $1,373,079.95 Value: $2,992,124.00 Contact: Jason Spear (562) 929-1128 Contact: John C. McMillan (916) 227-6300 Completion: 11/11/2007 Completion: Aug-09 4912 Agoura Hills - Kanan Rd. 4107 RDC0015060 - As Needed Traffic Signals Owner: City of Agoura Hills Owner: County of Los Angeles General: Security Paving Company, Inc. General: Steiny & Company, Inc. Value: $984,975.00 Value: $1,949,905.00 Contact: Chris Wenzel (818) 767-8418 Contact: Robert Eisenhamer (626) 458-3155 Completion: 1211612007 Completion: open 4960 Tustin - Mite Backbone Infrastructure 4030 Caltrans RT 710 Project Owner: Vestar/Kimco Tustin, L.P., Bayley Slater Tustin Venture Owner: Caltrans General: Sema Construction General: Atkinson Construction Value: $931,920.00 Value: $9,178,065.00 Contact: Eric Westman (949) 470-0500 Contact: Felipe Olivar (949) 855-9755 Completion: 111912008 Completion: open Offices in Vallejo, Los Angeles, El Cajon and Baldwin Park Page 1 of 2 Current Div. 4 STEINY AND COMPANY, INC. ELecti-icaL COVtti'nC't0KS CIVO EAOc V"ws CURRENT, PREVIOUS, AND MAJOR PROJECTS 4105 5 Traffic Signal Synch. Sys., Project SV 07-24 4012 Signalization Improvements - Audie Murphy Ranch Owner: City of Simi Valley Owner: Audie Murphy Ranch,LLC General: Steiny & Company, Inc. General: Woodside Homes of CA, Inc. Value: $978,666.30 Value: $1,026,516.00 Contact: David Medina (805) 583-6810 Contact: Pat Celella (951) 710-1900 Completion: open Completion: open 4055 2nd & 4th St. Pod. Streetscape Project - Contract 8814 4996 San Clemente - Marblehead Coasta (TTM 8817) Owner: City of Santa Monica Owner: City of San Clemente General: Griffith Company General: Suncal Companies Value: $2,480,568.08 Value: $1,588,740.00 Contact: Jason Spear (562) 929-1128 Contact: Cynthia Kendall (949) 241-8437 Completion: open Completion: open 4114 Crystal Cove State Park - Laguna Beach 4957 Rancho Cucamonga - 5 Signals Owner: State of California - Department of Parks & Recreation Owner: The City of Rancho Cucamonga General: L.A. Engineering, Inc. General: Steiny & Company, Inc. Value: $899,221.00 Value: $1,087,302.00 Contact: John Risch (626) 454-5222 Contact: Jim Harris (909) 477-2740 Completion: open Completion: 12101107 4982 Jefferson Blvd. Widening, Contract 2006-3001 4945 Port Incident Mgmt. System Project HDS2232 Owner: Playa Capital Company, LLC Owner: Port of Long Beach General: Excel Paving Company General: Peterson Chase General Engineering Value: $1,047,782.89 Value: $1,058,579.50 Contact: David Cook (562) 599-5841 Contact: Dick Vogels (949) 252-0441 Completion: 10107108 Completion: 712812009 4963 SANBAG -Various 4661 L.A.- Wilshire Center Owner: San Bernardino Associated Governments Owner: City of Los Angeles General: Steiny & Company, Inc. General: Steiny & Company, Inc. Value: $1,537,866.00 Value: $2,314,512.00 Contact: David Nelson (TES) (909) 291-2424 Contact: Greg Tworek (213) 978-0262 Completion: open Completion: 511812008 4040 Chino Hills - Peyton Drive 4038 Fred Waring Widening Project #655-01 Owner: City of Chino Hills Owner: City of Palm Desert General: Herman Weissker, Inc. General: Granite Construction Co. Value: $634,543.00 Value: $782,885.00 Contact: Jimmy Lee (951) 826-8800 Contact: Joe Richardson (760) 775-7500 Completion: 11/30/2008 Completion: 712412008 4216 SCRRA - Various 4218 Corona - ATMS Phase 2 Owner: SCRRA - Metrolink Commuter Rail System Owner: City of Corona General: Herzog Contracting Corp. General: Steiny & Company, Inc. Value: $5,116,124.00 Value: $1,697,687.40 Contact: Deron Haptonstall (714) 938-0977 Contact: Clint Herrera (951) 739-4888 Completion: open Completion: lopen 4213 07-LA-10-50.2/53.4 4198 LA CO - West Coast Basin Owner: State of California Owner: County of Los Angeles General: Flatiron Construction Corporation General: Steiny & Company, Inc. Value: $2,834,429.00 Value: $2,623,506.00 Contact: Sean Tarp (760) 535-8175 Contact: Jose Pou (626) 458-4951 Completion: lopen Completion: lopen Offices in Vallejo, Los Angeles, El Cajon and Baldwin Park Page 2 of 2 Current Div. 4 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document U10 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we STEINY AND COMPANY, INC. 12907 E. Garvey Avenue (Here insert full name and address or legal title of Contractor) Baldwin Park, CA 91706 as Principal, hereinafter called the Principal, and SAFECO INSURANCE COMPANY.2 F AMERICA 1001 4th Avenue, Suite 1700 (Here insert lull name and ress or legal title of sumto Seattle, WA 98154 a corporation duly organized under the laws of the State of WA as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) CITY OF HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of 10% of Amount Ten percent of amount bid. Dollars ($ Bid !, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert (tin name, address and description of project) Street Lighting Modification on: Pacific Coast Highway (Route 1) between Main Street and First Street CC No. 1324 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 14th day of October 2009 STEIN ANIEC� I Princi al) (Seat) (Witness) ichard Tesoriero, Vice President (Title) `(Surety) (Sea() Rhor,A C.Abel (Witness) J Ap ca ( ftle) Attorney -in- act AIA DOCUMENT A310 • 810 BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 TIFICATE OF ACKNOWLEDGMENT State of California County of Los Angeles ss. On October 19, 2009 before me, Shawn R. Bradfield, Notary Public Dare Name and Title of Officer (e.g. 'Ime Doe, Notary Public") personally appeared Richard Tesoriero Name(s) of Signers) 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%hey executed the same in his/heritheir authorized capacity(ies), and that by his/hef��& 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. i - N I UVA, WE 1_ SHAWN R. BRADFIELD Commission # 1738049 Notary Public - California Z Z , , Riverside County '- N1yComm. Expires May 9, 2011 OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document: Title or Type of Document: Bid Bond Document Date: October 14, 2009 Number of Pages: Signer(s) Other Than Named Above: Jeri Apodaca, Safeco Insurance Co. of America Capacity(ies) Claimed by Signer Signer's Name: Richard Tesoriero ❑ Individual x❑ Corporate Officer - Title(s): ❑ Partner(s) - ❑ Limited ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ General Vice President Signer is Representing: STEINY AND COMPANY, INC. Top of thumb here M:\SHAWN\Notary\Copy of 2008 Notary Forms 1 10/19/2009 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Orange On Off 142009 before me, K. Luu, Notary Public (Here insert name and title of the officer) personally appeared Jeri Apodaca who proved to me on the basis of satisfactory evidence to be the person(R) whose name(s) is/w subscribed to the within instrument and acknowledged to me that ]xalshe/films executed the same in bis/her/fix authorized capacity( , and that by W/her/tom signature(s) 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 hand and official seal. Commission #- 1778641 a �k-"� NOtOr Public a �aiifor, ,c� Orange County D My Ccrr;-n. ExPlres Nov 6 2011 (Notary Seal) Signature of Notary Public _ ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (ritle or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY TEE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ® 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 Cal fornia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form ifrequired. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment_ • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • hint the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/shehhey— is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CFO, CFO, Secretary). • Securely attach this document to the signed document Safeco Insurance Company of America '� W General Insurance Company of America 1 �Jt POWER 1001 4th Avenue *: OF ATTORNEY . Suite 1700 Seattle, WA 98154 KNOW ALL BY THESE PRESENTS: No. 9675 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint **RHONDA C. ABEL; JERI APODACA; LISA K. CRAIL; LINDA ENRIGHT; JANE KEPNER; NANETTE MARIELLA-MYERS; MIKE PARIZINO; RACHELLE RHEAULT, JAMES A. SCHALLER; Irvine, 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 21 st day of March 2009 Dexter R. Leaci. Secretary Timothy A. Mikolaiewski, Vice President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Dexter R. Legg Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation OCT 14 2009 this day of GATE SEAL X S-0974/DS 3/09 P, X* R,kjI Dexter R. Legg, Secretary WEB PDF City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK February 1, 2010 MSL Electric, Inc. 4580 E. Eisenhower Cir.. Anaheim, CA 92807 RE: CC-1324 — Street Lighting Modification on Pacific Coast Highway between Main St. and First Street Enclosed please find your original bid bond for CC-1324. Sincerely, JF: pe Enclosure Sister New Zealand ( Telephone: 714-536-5227 ) SECTION C PROPOSAL for the Street Lighting Modification on: Pacific Coast Highway (Route 1) between Main Street and First Street CC No. 1324 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders' and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids 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 t` ���� in the amount of $ 16 / U 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: C-2 PROJECT DID SCHEDULE Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and First Street CC-1324 .Item Estimated.: Item With Unit Price Written in Words _ Unit Price Extended ". . No. Quantity.. ; ' Amount 1 I L.S. I Mobilization. L r $ 1000-0D $ /ooy • co Per L.S. 2 1 L.S. Traffic Control. Per L.S. 3 8 EA �Existing Street Lig ,t `uminaires. Replace @ 1 -0-LN 00 -Per EA. 4 1 L.S. Install Conduit, Pull Boxes, Modify Type III Service, and Install Conductors in New and ex.istWg Conduit, e A i t'-�Q.n o,tisw. $ �� f �� e. 0D $ a m la'J� Per L.S. 5 300 L.F. Install additional 2" conduit (not shown on plans) within sidewalk area at the discretion of the�ii Engine r. @ t' 0 Oe w e p Per L.F. 6 1 L.S. Caltrans Encroachment Permit s. Per L.S. ETotalunt Bid in Figures: $ © f c��D - 0 Total Amount Bid in Words: $ U `f t,ons ^ c/( � o �.dlr�4t'�1Qf (, q� Note for CC-1324: The City will provide the luminaires and lamps at no cost to the contractor. The contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. f%%eD - C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange WARREN L . MOORE , being first duly sworn, deposes and says that he or she is PRESIDENT of MSL ELECTRIC, INC. the party 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. MSL ELECT IC, INC. Name of Efidder Bidder 4580 E. EISENHOWER CIRCLE ANAHEIM, CA 92807 Address of Bidder Subscribed and sworn to before me this 16TH day of OCTOBER . 2009 NOTARY PUBLIC .,� D. J. PICARD P CUHflM.91690402 rru� a6& Notary Public California ®. ORANGE COUNTY ..e..,. My Comm. Exp. Aug 28, 2010 NOTARY SEAL C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and first Street, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: Contractor P 1, j Title 666- c k. c , 1;�c, C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes I No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-'7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 6 Contractor By U Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain. a Dig Alert Identification Number, call Underground Service Alert at 811 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: L acc -M (,c Bidder Name C'(selj�®,/j er CC Business Address iA*ja L L, 7- City, State Zip J 1) r63 �1, 6g-� —W3 7 Telephone Number C/o State Contractor's License No. and Class s/ o- Original Date Issued '5 Expiration Date The work site was inspected by WmuJ'dour office on 0 - , 20 6'! The following are persons, firms, and corporations having a principal interest in this proposal: �n� au^j C - Mox6- (US &� C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications t forth. Comp y Name Signature of Bidder W pwJ Moo2e,',' Printed or Typed Signature Subscribed and sworn to before me this Xfday of (DC4— , 200-�. �cr D. J. PCARD comm. #10 �� No�ry Public Cris ]] a ORANGE COUNTY NOTARY PUBLIC -�••' My Comm. Exp. Aug 28, 2090 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Name and Address of Public Name and Telephone No. of Project Manager: Al Q , L- Amount Type U Work 2. �'L �y U ill 3. C Date Completed Name and jkddress of Public Agency ✓ r Name and Telephone No. of Project Manager: 11 ,(,i cm 0 L9 - 010 Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed C-11 North American Specialty Insurance Company Manchester, New Hampshire 03101 KNOW ALL MEN BY THESE PRESENTS, That We, MSL ELECTRIC, INC. Of ANAHEIM, CALIFORNIA , as Principal, Insurance Company, of Manchester, New Hampshire, as Surety, a licensed to do business in the State of CALIFORNIA and North American Specialty New Hampshire corporation duly are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the penal sum of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars ($ --- 10% --- ), for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted, or is about to submit, a proposal or a bid to the Obligee on a contract for PCH STREET LIGHT MODIFICATION CC NO. 1324 NOW, THEREFORE, if the aforesaid principal shall be awarded the contract, the said principal will within the period specified therefore, or, if no period be specified, within ten (10) days after the notice of such award into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void, otherwise the principal and the surety will pay unto the obligee the difference in money between the amount of the bid of said principal and the amount for which the obligee may legally contract with another party to perform the work if the latter amount be in excess of the former; in no event shall the liability hereunder exceed the penal sum hereof. PROVIDED AND SUBJECT OF THE CONDITION PRECEDENT, that any suits at law or proceedings in equity brought or to be brought against the Surety to recover any claim hereunder must be instituted and serviced upon the Surety within ninety (90) days after the acceptance of said bid of the Principal by the Obligee. Any person who, with the intent to defraud or knowing that_ he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. SIGNED, SEALED AND DATED this 16TH ADDRESS ALL CORRESPONDENCE TO: North American Specialty Ins. Co. 701 S. Parker St. Suite 3800 Orange, CA 92868 day of MSL INC. Principal 2009 By: WARREN V. MOORE, PRESIDENT North American S c Ity Insurance Company By: D.J. P ICARD , k Attomey-in-Fact QMn 9d(1 C PM111)rlQF1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of .-_.._ORANGE On OCTOBER 16, 2009 before me, D.J. PICARD NOTARY PUBLIC Date Here Insert Name and Title of the Officer personalty appeared WARREN L. MOORE 090402 . �. a Cafifomia 7- Inir `ilf ITY Place Notary Seal Above of SIgner(s) who proved to me on the basis of satisfactory evidence to be the person() whose name(so islsubscribed to the within instrument and acknowledged to me that he/sheAkey executed the same in his/fol1twk authorized capacity$", and that by his/twxMei: signature( on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my ha icia I Signature Signature of No is O!" T101 AL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND Document Date: OCTOBER 16, 2009 Number of Pages: --- ---------- 01 ----------------- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: WARREN L. MOORE Fill Individual (" Corporate Officer—Title(s):PRESIDENT E Partner -- Limited- — General E Attorney in Fact 1 Trustee E Guardian or Conservator E Other: Signer Is Representing: MSL ELECTRIC,_ INC. Signer's Name:_ 1....1 Individual El Corporate Officer — Title(s) E] Partner— _...'. Limited [] General ❑ Attorney in Fact ❑ Trustee ....l Guardian or Conservator I__l Other: Signer Is Representing: ,4 2007 National Notary Asscciation - 9350 De Sote A,re., P.O. Box 2402 • Chasworth, CA 91313-2402 • www.Na'ionalNotar/.org lien', a5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of ORANGE __ _ On OCTOBER 16, 200g before me, CHERYL L. THOMAS NOTARY PUBLIC . Date Here Insert Name and Title of the Officer personally appeared D.J. PICARD Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(s') is4emsubscribed to the C.KW ` TMO- - within instrument and acknowledged to me that he/� o comet. $1827274 z executed the same in hisAyelVtMr authorized capacity;, No" Public - cal forma a � and that by his/hb�ilxsignature(s� on the instrument the prww County person(s), or the entity upon behalf of which the person(s) C0 1K. 18, It acted, executed the instrument. -- V-1 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. i Signature _ _ •____� _� -rY� _�-. --- - - Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law., it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND Document Date: OCTOBER 16, 2009 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D.J- PICARD Individual I.... Corporate OfficerTitle(s):_-.._-. Partner - ❑ Limited:—- General GG Attorney in Fact El Trustee ❑ Guardian or Conservator El Other: Signer Is Representing: NORTH ._AMERICAN SPECIALTY INSURANCE COMPANY Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s) ❑ Partner — Limited [...I General Attorney in Fact ❑ Trustee I. 1 Guardian or Conservator I.....1 Other: Signer Is Representing: .7 2-307 National Notary Aascclation • 9350 De Seto Ave.. F.O. Box 2402 • Chaisworth, CA 91313--2402 ­vw v.Nationa1Notary.org Item 95907 Reorder: Call To11-Free 1-800-8i6-6827 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 New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: D.J. PICARD, TODD M. ROHM, CATHY S. KENNEDY, BEATA A. SENSI and CYNTHIA S. WOZNEY 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 2e of March. 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior 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." R'Ij (j 4ry yOP .•g �_ I `":• SIAL I Bi:A--_.. ��typba.' C) iZm 1973 Qr: m- Steven P. Anders r, President & Chief Executive Officer of Washington International Insurance Company45. & Senior Vice President of North American Specialty Insurance Company q ,- — IR B— . David M. Layman, Senior Vice Presider -of Washington International Insurance 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 30th day of September 2008 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page SS: On this 30th day of September 20_�8, before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior 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. a:� G�:✓ram yi,./% ENih(: NcrtacyP,iblu StxteulFl3xu Donna D. Sklens, Notary Public RPy (`,o�ssioa Erins;i6ilt I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington Intemational 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 i;and and affixed the seals of the Companies this 16T&y of OCTOBER 2009 James A. Carpenter, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company City ®f Huntington. Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK February 1, 2010 Dynalectric 4462 Corporate Center Drive Los Alamitos, CA 90720-2539 RE: CC-1324 — Street Lighting Modification on Pacific Coast Highway between Main St. and First Street Enclosed please find your original bid bond for CC-1324. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister Cr�i�`�lo�Yun/fias�n�eWrt��,��� New Zealand �1 (Telephone: 714-536-5227) Dynalectric An EMCOR Company 4462 Corporate Center Drive Los Alamitos, CA 90720-2539 2009 OCT 20 C ;x 1: 38 Iff ®ynalectrimc An EMCOR Company 4462 Corporate Center Drive Los Alamitos, CA 90720-2539 Office of The City Clerk City of Huntington Beach 2000 Main Street, CA 92648 "Pacific Coast Highway (Route 1) between Main Street and First Street" CC No. 1324 " SECTION C PROPOSAL for the Street Lighting Modification on: Pacific Coast Highway (Route 1) between Main Street and First Street ' CC No. 1324 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids 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 WO in the amount of $ 1°j � 'I which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and First Street CC-1324 1 1 L.S. Mobil' ation� @ 'A;Z lG xrrho Yids Per L.S. 2 1 L.S. Traffic Con�trol. / '�LJc°M�11 " /'r JcJ 7%9L l:NI��S $ Per L.S. 3 8 EA Replay Existmg/Street Light_I uminaires. ,�i or�ru $eS-7 $ Per EA. 4 1 L.S. Install Conduit, Pull Boxes, Modify Type III Service, and Install Conductors in New and exis�g Conduit Per L.S. 5 300 L.F. Install additional 2" conduit (not shown on plans) within sidewalk area at the discretion of the Engmee . $ 2.-3 $ �i Qom i Per L.F. IL 6 1 L.S. Caltrgns Encroachment Permit, Per L.S/ Total Amount Bid in Figures: $ 3 Y., [ 7-9-3 1 1 1Pv � Total Amount Bid in Words: $ r�J1— ��'Xl ,w Note for CC-1324: The City will provide the luminaires and lamps at no cost to the contractor. The contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Wi A . �n i , being first duly sworn, deposes and says that he is CAD, q•Z?, of kTy,, 1W. w► the parry making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscri sworn to before me this NOTARY PUBLIC Gtc - A.'r E lh"L � 4-1yaa 6&pzv4r cam• ;>r Los AlemrtDs, Address of Bidder day of , 20 NOTARY SEAL C-5 CALIFORNIA JURAT WITH AFFIANT STATEMENT VSee 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 CN-&az' WENDY BOWLINti Commission # 1831346 a �� Notary Public - California z Orange County M Comm. Ex ires Jan 16, 2013 Place Notary Seal Above Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this day of CC30 .f-r 120 09 , 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 (2) Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signature e of Notary Public OPTIONAL - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description /off Any Attached Docu/m�enntt' Title or Type of Document: l r?ac-D6 l sx-1 /1 t"1't-'fl�Ld Document Date: 101 (4 10-) Number of Pages: Signer(s) Other Than Named Above: OnA.A_- ©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 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 Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and first Street, (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: ld•l,l •0-7 w,11 f,yt F. Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes I/ No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 10' lq 01 W [li'm a Title C-8 iR;r ri . ,,-; 1, (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 811 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Title Date: Ia • I -I • oGl Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: N,7c , I N6. Bidder Name Business i ys Artstdyti fbs GA `%?2D City, State Zip ("114- ) fte • 7oo,:�--> Telephone Number Syo 1-7-0, - A, "F, c7, clo , CzW , � State Contractor's License No. and Class - '� Original Date Issued 12. 3l - to Expiration Date The work site was inspected by Nide, ,00 of our office on 45�-ftloeY Z , 20 oq The following are persons, firms, and corporations having a principal interest in this proposal: C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. .G Company Name Signature of Bidder Wipioir� Fes• o-e��' �` Printed or Typed Signature Subscr' end sworn to before me this _ day of , 200_ NOTARY Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. Cih T-r t os h4cln,- — (000 s- !frntw C'A g9014 Name and Address of Public Agency Name and Telephone No. of Project Manager: 243 - &F7• 5;0irP #5, Ott'V, 9t70. cv N de Pg� A TS A.c. jam. D�f Contract Amount Type of Work Date Completed 2. WA,9his &Ugp! D%I"i 2.74W E- Ni hlay d, CA- TZ*44p, Name and Address of Public Agency Name and Telephone No. of Project Manager: for 1,Dpez 9*1 27y. �JYot?j Cc", VVWes.s Pel;arNm, caps, 7, Onp,O, "I Ov t-leo] + s,9w't �c. bed Contract Amount Type of Work Date Completed 3. i.,q �f :, L al cs, cA %014 Name and Address of Public Agency Name and Telephone No. of Project Manager: 0 Pf" Mw ix • 4-7q, IOU. 00 60Idep s�4 e A Tom. A- C-. IUW. '0 5 Contract Amount Type of Work Date Completed C-11 CALIFORNIA JURAT WITH AFFIANIT STATEMENT C�See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 State of California County of e n. c.c_. WENDY BOWLING Commission * 1631346 4040 Notary Public - California zOrange County U!tjM4Co.mm n 16.0v Place Notary Seal Above Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this [ q4ia day of 0_*�6f r 2009 , 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 (2) Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signature ' ure of Notary Public ®PTI®NAL 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:; JCkrs —Ir-41 ( n Document Date: )01141107 Number of Pages: Signer(s) Other Than Named Above: 1 O&A, ©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 w AIA Document A310 Bid Bond KNOW ALL MIEN 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 One Tower Square Hartford CT 06183-6014 a corporation duly organized under the laws of the State of CT as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and First Street NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 12th day of (fitness) (Witness) October 2009 D nalectric--Wil ig z�rtr11+ (Principal) (Seaij By: 4r ? SPA fj. (Title) Travelers Casualty and Surety Company of America (Surety) (Seal) B: Atto ev-in-Fac Rit aaistano (Title) AIA DOCUMENT A310 ® BID BOND i AIA • FEBRUARY 1970 ED. ® THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 IS INVALID POWER OF ATTORNEY TRAVELERSJ� Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 220626 Certificate No. 003134171 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Thomas Bean, Rita Sagistano, Gerard S. Macholz, Susan Lupski, Robert T. Pearson, Camille Maitland, and George O. Brewster of the City of Garden City , State of New York , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or -proceedings allowed by law. IN WITNESS WHEREOF, the ComT%e8s have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of November lL State of Connecticut City of Hartford ss. 17th Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance' Company . Travelers Casualty and Surety Company Fidelity and Guaranty Insurance' Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Gooym.`.�c� ��.".YW4OAA-'F6R0. ie ITNSEAf, IJS SEAL.;aadmgO<`P� ,G� By: Georg Thompson, jo—ce President 17th November 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., 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. c.�0 In Witness Whereof, I hereunto set my hand and official seal. V\ t5V w" My Commission expires the 30th day of June, 2011. pt soli sy Mane C. Tetreault, Notary Public 4ft s 58440-4-09 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HAR'TFORD, CT. 06183 ATTOR\EY-IN-FACT JUSTIFICATION PRINCIPAL'S ACKNOWLEDGMENT ---IF A CORPORATION State of New York, County of 1 ss. On this day of .20 , before me personally appeared to me known, who, being by me duly sworn, deposes and says: That he/she resides in the City of that hcishe is the of the corporation described in and which executed the within instrument; that he/she knows the seal of said corporation, that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Boarxi or Directors of said corporation, and that he/she signed his/her name thereto by like order. PRINCIPAL'S ACKNOWLEDGMENT —IF INDIVIDUAL OR FIRM .State ofNew York. County of r ss. On this day of .20 before me personally appeared to me known to be (the individual) (one of the firm of ) described in and who executed the within instrument, and heis'ne thereupon duty acknowledged to me that hc'she executed the sane (as the act and deed of said firm). SURETY COMPANY'S AChTOWLEDGMEN-r Stwc of New York, County of Nassau On this 12th day of October 20 09 before me personally appeared Rita Sagistano me known., who, being by net duly sworn, did depose and say: That he/she resides in the City of Nassau County, NY that he/she is Attorney -in -Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, the corporation described in and which executed the within instrument; that he/she knows the corporate seal of said Company; that the seal affixed to said instrument is such corporate seal, and that he%she signed said inswnxnt as Attorncy-in-Fact by authority of the Hoard of Directors of said Company; and affrani did further depose and say that the Superintendent of insurance of the State of New fork has, pursuant to Chapter 882 of the paws of the State of New York for the year 1939, constituting chapter 28 of the Consolidating Laws of the State of New York as the Insurance; I.aw as amended. issued to TRAVELERS CASUALTY AND SliRE7'Y COMPANY OF At1IF,RICA his/her certificate that said Company is qualified to become and be accepted as surety or guarantor on all bonds, undertakings, rmognizances, guaranties, and other obligations required or permitted by law; and that such certificate has not been revoked- Notary Publie Cash & invested Cash Bonds Stock Investment Income Due and Accrued Premium Balances Reinsurance Recoverable Net Deferred Tax Asset Other Assets Total Assets TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA PIpTAHV PU6CA�tC. RA OF O Hartford, Connecticut 06183 I STATTE E P1EW YORK NO. OtRdA60QS04 4 FINANCIAL STATEMENT AS OF DECEMBER 31, 2008 tCISSIDIdEttPilaES Ap IN iE3 A IL. 2Q. COS L 0 0 AS FILED WITH THE INSURANCE DEPT. OF THE STATE OF NEW YORK CAPITAL STOCK $ 6,000,000 ASSETS LIABILITIES 146,779,773 Unearned Premiums 3,452.929,381 Losses 7,586,626 Loss Adjustment Expenses Commissions 46,660,631 Taxes, Licenses and Fees 303,562.195 Other Expenses 12,426,353 Current Federal and Foreign 40,073,233 Income Taxes 86,225,430 Funds Held Under Reinsurance Treaties Other Accrued Expenses and Liabilities Total Liabilities Capital Stock Paid in Surplus Other Surplus Total Surplus to Policyholders $ 4,096,243,672 Total Liabilities & Surplus Securities carried at $6,059,054 in the above statement are deposited with public authorities, as required by law 846,309,219 822,955,804 276,222,162 52,167,066 43,371.400 29,247.064 104,163,980 105,982,816 80, 894,170 S 2,36i,313,681 $ 600,000 303,297,402 1.425,632,488 $ 1,734,929,890 S 4,096,243,572 City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK February 1, 2010 Terno, Inc. 15701 Heron Avenue La Mirada, CA 90638 RE: CC-1324 — Street Lighting Modification on Pacific Coast Highway between Main St. and First Street Enclosed please find your original bid bond for CC-1324. Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister CfljM yA4q6asttjt9rWjpffl p& New Zealand Telephone: 714-536-5227 ) ;7 5701 He' = Avenue f Mirada; CA 9063$4206 iTRICAL CWM'A ,t ,` CLo 862724 C-10, A "SEALED BID OF TERNO, INC. FOR STREET LIGHT MODIFICATION ON PCH (ROUTE 1) BETWEEN MAIN ST. &, FIRST ST. CC No. 1324 - DO NOT OPEN WITH REGULAR MAIL." 2009 0CT 20 PH 1: 29 SECTION C PROPOSAL for the Street Lighting Modification on: Pacific Coast Highway (Route 1) between Main Street and First Street CC No. 1324 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids 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 insertthe words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-2 PROJECT BID SCHEDULE Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and First Street CC-13 24 1 12 3 4 5 1 L.S. Mobilization. @ 1roWr-w5w�a , -- 2 n�or�.di X-©+ne, of an o C�n�s Per L. . 1 L.S. Traffic Control. �11n�c Per L.S. 8 EA Replace Existing Street Light Luminaires. @ )A uk n d 1rkA 1-w o W 10'V -< Per EA. 1 L.S. Install Conduit, Pull Boxes, Modify Type III Service, and Install Conductors in New and existing Conduit re�lf -TwelAe:�/QV% 161-5 Per L.S. 300 L.F. Install additional 2" conduit (not shown on plans) within sidewalk area at the discretion of the Engineer. @ ' -V,: +4 -TUJ- N 114zrs $IS1. $ i.o© $ Leo $�'3 $ 402. '04 $ 31216. 00 $1--!37-1+ 1 B 131-316 a". 11 $ 32. oc) II $ 9600.00 IJI II Per L.F. 6 1 L.S. Caltrans Encroachment Permit @ fie "t,-rhaL4sa.'A, on4, it=��kg - Sc,-Ab lblkrF $15167._�QO $ S I $"l. 60 Per L.s. Total Amount Bid in Figures: $ 'q , C. 13 o 0 Total Amount Bid in Words: $ hs.nka - OnR. Note for CC-1324: The City will provide the luminaires and lamps at no cost to the contractor. The contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class )f Fork Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of OjwgC l.�s�gEles being first duly sworn, deposes and says that he orb is of 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. Pogo, C Name ot Bidder Signature of Address of Bidder Subscribed and sworn to before me this -' day of 320 NOTARY PUBLIC SM% A+�WIl111t NOTARY SEAL C-5 CALIFORNIA JURAT WITH AFFIANT STATEMENT 1 See Attached D•cument (Notary to cross out • •- • El 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 Los Angeles Signature of Document Signer No 2 (if any) Subscribed and sworn to (or affirmed) before me on this 19th day of _ October 20 09 by Dais Month Year TimithyJ. Erno Name of' goer KRISTEN RENEE CZUPR proved to me on the basis of satisfactory evidence Commission * 1024706 to be the person who appeared before me1W Notary Publfe - California > Los Angeles County (and My Comm. Ex iretr Nov 25, 2012 (2) None Name of Signer proved to me on the basis of satisfactory evidence to be the perqon ho appeared before me.) Signature Signature of Notary P Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove - _ valuable to persons retying on the document and could prevent .Moglaimin • fraudulent removal and reattachment of this form to another document Top of thumb here Top of thumb re Further Description of Any Attached Document y.� lk Title or Type of Document: Non Collusion Affidavit Oct 19, 2009 1\ Document Date: Number of Pages: Signer(s) Other Than Named Above: None ®2007NattonalNotafyAseadation-9350DeSoto Ave POHmr2402•ChalsworthOA9131a,2402-wwwNationelNolaryorg llem#6910 Reorder.CallToil-Freel-800496.627 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 Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and first Street, (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: 4OO— IOq Contractor I0 Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ❑ o If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 10 � 101 , �h�c Contractor Title IL smo, President C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 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-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: _�_eYNo; 1 )N�C Bidder Name Business Address l,n CAl City, State Zip Telephone Number State Contractor's License No. and Class (01 l012-Oo Original Date Issued Expiration Date The work site was inspected by C /� '( uNebf our office on 0� , 20— , The following are persons, firms, and corporations having a principal interest in this proposal: v avv �{-sec C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. —V-o C - Company Name Signature of Bidder Brno, P ►t Printed or Subscribed and sworn to before me this day of , 200q. Commission # 1824706 9 ��/ " ` Notary Public - California Losg los Angles County oun4y NOTARY PUBLIC IL. V.�Azm m. Expires Nov 25. 201 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.-�1a�1�� -- - 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-11 Terno, Inc. - La Mirada, California E erience of Bidder a a Flatiron Constiueban .mpany 15701 Heron Avenue La Mirada, California 90638-5206 Phone: 714-228-9631 Fax: 714-228-9635 www.temoinc.com Project Name: New Traffic Signal Install Contract Amount: $260,109.00 Date Completed: 03106 Owner's Name: City of Anaheim Contact Person: Keith Laster Telephone Number: (714) 231-8373 Project Name: Traffic Signal Modificatians Contract Amount, $3'f7,450.60 Date Completed, 03106 Owner's Name: City of Riverside _ C-ontaci Per son: Derek ----.__-- --- -... Weiss ... - ..__... _ -----...T-elepho€?e_Number: (951) 826-5366.. - -- - - - - - - - Project Name: Tref c, Signal/Streeting light & Fiber Optics Contract Amount: $2,165,000:00 Ownee's Name: Sequel Contracting Contact Person: Mike Mahler Project Marne: Truck Impacted Inter. Contract Arhount. $454.887.00 Ownee's Name: County of LA -Contract Person: Tan Phan Date Completed: Still going Telephone Number. (562)802-7227 Date Completed: I=6 Telephone Number: (526) 458-495-6 Project Name.. Install t4ew T.S. Contract Amount: $171,839.00 [date completed: 6f06 Name CKYof'San Juan Capistrano y - ' A•�-r-:.-_ Contact Perse4h;' n Oswald �` - Telephone Number: (949) 443-6356 Project Name., T.3 Install & Mod Contract Amount: $306,167.00 Owner's Name: Turner Construction Contract Person: Kent Woodhouse Wage 1 of 2 Fate Completed: 06107 Telephone Number: (714) 669-7330 A HOCHTIEF Company An Equal Opportunity Employer Temo, Inc. - La Mirada, California Experience of Bidder ELECTRICAL CONTRACTO a FlaTiron construction Corp, company 15701 Heron Avenue La Mirada, California 90638-5206 Phone:714-228-9631 Fax: 714-228-9635 www.ternoinc.com PIroject Name. Pedestrian Crosswalk Contract Amount: $252,097.00 Bate Completed: 4106 Owner's Name: West Covina Contact Person: Miguel Hernandez Telephone Number: (626) 939-3425 Proje tNatme: T.aVodificedons Contract Amount: $2,816,466.00 Efate Completed: 09107 owrnees Name: City of Long Beach Contact Person, Douglas f-ic Laughiin . Telephone Number: Project Nate Sheet Urrting Contract Amount: $319,000.00 Ownees Name: City of Culver City Contact Person: Lee Torres Proi&a Ndkhd: Power L}isiriE utidn ContractAmount: $580,967.00 tamer's Name: Irvine Unified School District Contact person: Srencer Jordan Date Completed: 09106 Telephone Number: (310) 253-5523 Date Ccpleted: 11f06 Ielephione Number. (949) 337-5151 Pr oje et Nary: Traf 5c; S[grialtatito. fn.sercffan improvement - _ Ca tF A ourat: $1,299,417.00 Datp_qgngarl : 01107 Oo<ua,_;•'s.--Kame: City of Rialto Contact Person: Emilio Ramirez Telephone Number. (909) 820-2525 Page 2 of A HOCHTIEF Company An Equal Opportunity Employer Terno, Inc. • La Mirada, California Prior Work References: Cibj of Anaheim Keith Laster 714/ ?31-8373 City of Culver City Lee Torres 310/ 253-5600 City of Long Beach Mike Sickies 562/ 570-06555 County of Orange John Dean 714/ 567-6300 City of Rialto Jaime Cruz 909/ 820-2532 City of Riverside Tim Cianci 909/ 232-7140 City of West Covina Miguel Hernandez 626/ 926-4230 Kneisley-Cocita Const. Ted Neugebauer 760/ 735-6446 LA County Blaine Bolduc 626/ 201-7245 Sequel Construction Tom Pack 562/ 802-7227 Sully Miller Bob Maulucci 714/ 449-2270 15701 Heron Avenue La Mirada, California 90638-5206 Phone:714-228-9631 Fax: 714-228-9635 www.ternoinc.com A HOCHTIEF Company An Equal Opportunity Employer Bond No. F00444 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Terno Inc. 15701 Heron Avenue, La Mirada, CA 90638 as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America Construction Services, One Tower Square Hartford CT 06183 a corporation duly organized under the laws of the State of CT as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and First Street - CC No. 1324 IV 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 15th day of 1RRiF0fIU,s Ct}NN. nfi e DePirro (witness) October Terno, Inc. 2009 (Seal) Z (Title) TravelersCasualty and Surety Company of America (Surety) (Seat) i By: Attorney-in-FV Mary R. McKee (Title) AIA DOCUMENT A310 ® BID BOND ® AIA ® FEBRUARY 1970 ED. ® THE AMERICAN INSTITUTE OF ARCHTTECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 STATE OF CALIFORNIA COUNTY OF S S } ss. On JGj i �ZQ0!j before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidenlb) 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 instruct WITNESS my hand and official seal. Signature V�1�8ii1Gii �1624706 AAmry PCQii9ifli! Pry- Los 4401 Canty -- - ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type Bond No. F00444 THE DOCUMENT DESCRIBED AT RIGHT_ Number of Pages 6 Date of Document 10/15/2009 Signer(s) Other Than Named Above Mary R. McKee Attorney -In -Fact Travelers Cas. and Surety Co. of America STATE OF CALIFORNIA } COUNTY OF } ss. On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (FOR NOTARY SEAL OR STAMP) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT. DOCUMENT PROVIDED BY STEWART TITLE Title of Document Type Number of Pages Date of Document Signer(s) Other Than Named Above NOTARY2-1 DOC CORPORATE ACKNOWLEDGMENT Form 152 STATE OF NEW JERSEY COUNTY OF BERGEN On this 15th day of October , 2009, before me personally came Mary R. McKee to me known, who, being by me duly sworn, did depose and say that she/he resides Saddle Brook, NJ that she/he is the Attorney-In-Fact_of Travelers Casualty and Surety Company of America _ the corporation described in and which executed the above instrument that she/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order. (SEAL) SHERRYANNE DEPIRRO A NOTAF!Y, PUBLIC OF NEW JERQFv MY CGi'V'E�'ISSION EXPIRES 211 Ci s ; 2 +Va_--RS-CA907t0AYMiDSUZ ;milvQOWFt?vYOF AW_R HA�ir�J1iD, Di�hF a iG".i� '�9K3 GiA a AL ST j E GiCk'. CASH & A SS=1- C — -! S 95.77V23 uFaARNED PREMIUMS S 84�,3#S.e29 BONDS 3,4-3Z;B23,Vl WVES a+TPV_-QW_'DUEANa-,A :ZU D _45'eaDA3n 1--iXamssIoNs 6? 65 P mA)4 3S3,56Z,t9 - e Sj3C SES.AND r—=t:S NET-D_EF"c, TAX ASSET 401,073,233 � e Ems" S t�tiSy�.E-�L- t:.i�. 12,426 ��'�Jr"�'��:'ii_�f+FwF.INSU2�. �u40E:TI,REA -aLs r OTHEIq ASS rS 86,32s;4m �,�3i EI3 1 A4siL Ft33 1 € G E TE S f@'SW17MCI: I META :✓.b'I OMPAt�NFOR fl:I tiEf?S fiET2RDAC >-URAW_E RESF_ = Y4;? �'-rtOYIS+t.F33�SLr�Af�CE 6:�6?;�6 i fJ4i1£�EIvSESAM_Ili..S TOi A�:d�tc'$$ILiT',ES Sr �,.sa�;2�,ZaS %t.pj-. AL-ST:3+.}G 6 i i ll�D v [rlERS3R'a :ems t€n_Gmsl6 =G3Tr;# ASS=iS 9fi243S?Z Ti3T-ALUAM iGES i1r�F'�.tiS Cr'.#tiE � Y ih= j-7,rizT�:cD jSS. 6.� saw__�JL�'Sis�+L)t`s __Aya. r3 3c £ s F. tlLclfiLt3r f---�:�aRS.� I =`t �C' '!-- a, -OF > P_*i�.�� D ALW A;tm SiRc� comp �c � A��-Erm , AMD 7-HAT TD.T�iE BEST OFR,S r,4D-LEvG-E,AN BE � n'E F�R� � iS A — :_ -010 00FREC; ST4 � ,_ a Lx i T ' A irAL #�I?J G<�i �r SA2D COMPANY AS -OF i ric 31si ✓fib'' Ors= i3Er 23Bu. a u13 ;s -x�--Z3 ?iv"53 s' c _� -arx i33r� 1 3S ?7ii DAir aFt k rt3 .2 39 -MRJFE-C_ TETR IT POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Surety Bond No. F00444 OR Project Description: Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and First Street - CC No. St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Principal: Terno, Inc. Obligee: City of Huntington Beach KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Mary R. McKee of the City of Woodcliff Lake , State of NJ , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this Sth day of August, 2009. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company �yRi s��x'eeab 1977 1951 s �� sEat. A$ SEAL cacti °i`oa� e N State of Connecticut City of Hartford ss. Geo6e omp os n, or Vice President On this the 5th day of August, 2009, before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty. Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. T¢r My Commission expires the 30th day of June, 2011. �Y� �- S. Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power.so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kod Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 15th day of October ! 2009 Kori M. Johanson, Assistant Secretary `'��,recy 1 citi Y. � it � aran • �� e�>' r �a ys e .r� ?�� I,p 9' �1S . xw+s r • •r • �sf , v:� "�7 ax�� To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbondcom. Please refer to the Attorney4n-Fact number, the above -named individuals and the details of the bond to which the power is attached, City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK February 1, 2010 Poulk & Steinle, Inc. P. O. Box 3039 Riverside, CA 92519 RE: CC-1324 — Street Lighting Modification on Pacific Coast Highway between Main St. and First Street Enclosed please find your original bid bond for CC-1324. Sincerely, Joi L. Flynn, CMC City Clerk JF:pe Enclosure Sister New Zealand (Telephone: 714-536-5227 ) 2009 OCT 20 Fli 1: 23 Inj- POUK & STEINLE.. INC. . P.O. BOX 3039 RIVERSIDE, CA 92519 LTi inf, Mi=.Ar—a L-%"j-fr-sa4, NA&Q%C,-^-l#A5ja mod M A, &A Cr Aid m r-, Ll th - I LI 4 i r a rf 2.40 91.0.fta- 7-: c;j, 0 n^ SECTION C PROPOSAL for the Street Lighting Modification M Pacific Coast Highway (Route 1) between Main Street and First Street CC No. 1324 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids 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 f MO in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and First Street CC-1324 1 1 L.S. Mobilization. @ $ $ Per L.S. 2 1 L.S. Traffic Control. Per L.S. 3 8 EA Replace Existing Street Light Luminaires. Per EA. 4 1 L.S. Install Conduit, Pull Boxes, Modify Type III Service, and Install Conductors in New and existing Conduit @ $ 19 IUD $ ! 41 toL) Per L.S. 5 300 L.F. Install additional 2" conduit (not shown on plans) within sidewalk area at the discretion of the Engineer. $ $ @ �JI II Per L.F. 6 1 L.S. Caltrans Encroachment Permit @ Per L.S. i Total Amount Bid in Figures: $ 41.4. ODD - IITotal Amount Bid in Words: $ t'r3o T)' ! e,✓y J— Note for CC-1324: The City will provide the luminaires and lamps at no cost to the contractor. The contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is ,1 77 of c�c�, a... �-� UQ-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 a& Signature of Bidder 2S2 iU Zor3'.rZoyx �r3ti .1 r�• �c2S,o �.� et 2S r Address of Bidder Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC NOTARY SEAL C-5 CALIFORNIA JURAT WITH AFFIANT STATEMENT ,X See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 State of California County of Riverside ORR- H. GATEMAN Commission # 1858814 z a Notary Public - California Z Riverside County My Comm. Expires Jul 24, 2013 Signature of Document Signer No. 2 (if any) Subscribed and sworn to (or affirmed) before me on this 20 day of October 20 09, by Date Month Year (1) DanielH. 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 appeared before me.) T111— Signature ignature 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: Non -Collusion Affidavit - City of HB Document Date: 10120109 Number of Pages: Signer(s) Other Than Named Above: RIGHTTHUMBPRINT RIGHTTHUMBPRINT OF SIGNER#1 OF SIGNER #2 ©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 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITE' 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 Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and first Street, (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: IUsiI Lat0Q Contractor By P2LAS CIS- V, Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes M9 No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. Date: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 1 B�IL.a L�ri 412 . -,- - 1�:� 1�- I " L--1;-7- Contractor By V t "?" -, j:!, , Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: C--;- ems► c_ . Contractor By Title Date: k D O t U I 0 cl Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER certifies that the following information is true and correct: Bidder Name Business Address —�—>"i %cam.. CAA 2°S 1 Q City, State Zip Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by LP-"aDtA Son ► r-,,k of our office on 0 L� "� , 200 9 The following are persons, firms, and corporations having a principal interest in this proposal: � C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company N e 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. �' l : 'i `fit d1> 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-11 CALIFORNIA JURAT WITH AFFIANT STATEMENT 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 Signature of Document Signer No. 2 (if any) State of California County of Riverside N. BATEUM Coaillnission # 1858814 Notary Public - California Riverside County My Comm. Expires Jul 24. 2013+ Subscribed and sworn to (or affirmed) before me on this 20 day of October. 20 09 by Date Month Year (1) Daniel HL Smith******************** Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (and Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signature gnature of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent - . - fraudulent removal and reattachment of this form to another document. Top of thumb here Top of thumb here Further Description of Any Attached Document Bidder's Information - City of HB Title or Type of Document: Document Date: 10120109 Number of Pages: Signer(s) Other Than Named Above: 02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 - www.NationalNotary.org Item #5910 Reorder: Call Toll -Free 1-800-876-6827 Reference List AMOUNT AND LOCATION AWARDING AGENCY AND AGENCY'S CONTACT AND ADDRESS PHONE NO. $400,000.00 City of Newport Beach Herb Wollerman Street Lighting Replacement 3300 Newport Beach (949) 718-3406 Newport Beach, CA $500,000.00 City of Anaheim Caster Williams State College 200 S. Anaheim Blvd. (714) 765-6843 Traffic Signal / Street Lighting Anaheim, CA $1, 500,000.00 Hillcrest Contracting Jerry Blair Orchard Hills / Irvine Co. 1467 Circle City Drive (909) 273-9600 Traffic Signal / Street Lighting Corona, CA $300,000.00 City of Newport Beach Jim Brahler Various Locations 3300 Newport Blvd. Ron Garret Traffic Signal Modifications Newport Beach, CA (949) 644-3346 $323,000.00 City of Laguna Hills Ken Rosenfield Alicia Pkwy & Moulton 25201 Paseo de Alicia (949) 707-2600 CCTV - Interconnect Mod. Laguna Hills, CA 92653 $121,000.00 City of Santa Ana Terry Dorley McFadden Ave. & Graham St. 20 Civic Center (714) 647-5040 Flashing Lights In -Pavement Santa Ana, CA 243,950.00 City of Tustin Tran Hartzog Install Traffic Signal Civic Center (714) 731-9455 Tustin Ca. 92518 $1,439,200.00 City of Fountain Valley Mark Lewis / Temo Galver CCTV Comm./ Traffic Signals 10200 Slater Ave. (714) 593-4517 Fountain Valley,Ca. 92708 $549,000.00 City of Corona Mike Corona Traffic Signal Interconnect 2125 Sixth St (951) 739-4969 Corona, Ca.87586 $2,900,00.00 Sully Miller / City of Riverside Gary Downey / Juan Rojas Traffic Signal / Street lighting 1100 E. Orangethorpe (714) 578-9604 - (951) 538-3037 Anaheim, Ca. 92801 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Pouk & Steinle Inc. P.O. Box 3039. Riverside. CA 92519 as Principal, hereinafter called the Principal, and Liberty Mutual Insurance Company 450 Plymouth Road, Suite 400, Plymouth Meeting, PA 19462 a corporation duly organized under the laws of the State of MA as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET, HUNTINGTON BEACH, CA as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for STREET LIGHTING MODIFICATION ON PCH BETWEEN MAIN ST. AND FIRST ST. (1324 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 20th day of October , 2009 Pouk & Steinle, Inc. (P pal) (Sea]) By. J---h"i' (Title) AIA DOCUMENT A310 ® BID BOND s AIA • FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 State of California County of Riverside On October 20, 2009 before me, Heather Bateman, Notary Public Date Here insert Name and Title of the Officer personally appeared Daniel HSmith ************************** Name(s) of Signer(s) H. BATEMAN Commission # ISM14 °+a Notary Public - California z Riverside County My Comm. Ex ires Jul 24, 2013+ who proved to me on the basis of satisfactory evidence to be the personwhose name($ )s/ay6 subscribed to the within instfument and ackndw/ledged to me that he/slo/th/y executed the same in his/tAr/t )r authorized capacity), and that by his/or/tVir signature(4 on the instrument the person(4, 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: Place Notary Seal and/or Stamp Above 1---�Stgnature of Notary Public OPTIONAL. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond - AIA Document A310 Document Date: 10/2/I-09 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner— ❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Individual m a Top of thumb here ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • wvvw.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 aurety Acknowledgment State of MINNESOTA } } ss- County of Hennepin } On this 20t' day of October 2009, before me personally came Nicole Tamble, to me known, who being by me duly sworn, did depose and say that she/he is the Attorney -in -Fact of Liberty Mutual Insurance Company described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to said instruments is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/she/his name to it by like order. My commission expires January 31, 2010 Notary Public +ILL N. S AN flN ' � MY 11, -imission Eypries ldfl 31, 2010 2586529 THIS POWER OF ATTORNEY, IS NOT VALID UNLESS:.IT IS PRINTED ON RED BACKGROUND. this, Power of Attorney limits the acts of those named herein, and they have no. authority to bind the Company except in the manner and to the extent herein stated. " LIBERTY MUTUALINSURANCECOMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company, (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By -law -and Authorization hereinafter set forth, does hereby name, constitute and appoint DENNIS LOOTS,IAURIE PFLUG, JILL SWANSON BARBARA,KELLAR., JERRY O{1I ET, NINA E. WERSTEIN JENNIFER MILLER, BRIAN D. CARPENTER, BARBARA L. RAEDEKE DENISE WISHCOP,-TERESA HAMMERS, NICOLE TAMBLE, ALL OF THE CITY .OF MINNEAPOLIS, STATE. OF MINNESOTA ..................... ............................. each individually if there be more than one named, its trcae and awful attomey-in-fact to make, execute,` seal; acknowledge and "deliver, for and on.its behalf as surettyy and as its act and need; any acid all undertakings; bonds; recognizances and other surety obliggations in the penal sum not exceeding FIFTY MILLION AND 00/100****************'*** pOLLARS ($ 50 000,000.00***** )each; and the execution of such undertakings, bonds;., recognizances and other surety: obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretaryof the Company: in their own proper persons. That this power is made and executed pursuant to and by authority of the following`By-law and Authorization, - ARTICLE X111 - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall: appoint: such aftorneys-in-fact, as may be necessary to, act in behalf of the:Companyto make; execute, seal, acknowledge and deliver, as surety, any and all undertakings, bonds;: recognizances and other:surety obligations. Such T attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney; shall have full power to bind the Company by their I O signature and "execution of any such instruments and to attach thereto the seal of.the Company: When so executed:such instruments shalt be A CL 4) as binding as if signed by the president and attested by the secretary. -� By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-fact: r C Pursuant to Article X111, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby a authorized to appoint such attorneys -in -fact as may be necessary to actin behalf of the Company to make, execute, seal, acknowledge and r deliver as surety any and all undertakings, bonds, recognizances and other surety obligations., C 171 v I- That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. u �. IN WITNESS WHEREOF, this Power of. Attomey has been subscribed by an authorized officer or official of the Company and the corporate seal of O t Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania.this 10th day of June 2009 Q t� LIBERTY MUTUAL INSURANCE COMPANY d t _ L r a .�, c _ Garnet W. Elliott, Assistant Secretary :N C ei COMMONWEALTH" OF PENNSYLVANIA , ss C 0 M COUNTY OF MONTGOMERY o a i :c On this 10th day of June 2009 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged + a O that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above NO a; Power of. Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. m a .o i > X O A 1N TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the da .and year t m 0 first above written. CGNINOMW,�ALT14 OF PENNSYLVAMA cc ,*dN„ - .: - Nofara - gat - L CN 0.3 # p esePasve oa P tc HOC Iy na N-Tc p Mort r 28, 20y j By �- Z t) rye v,rNss taa c ttar h28 2bts ! O C ,9 �€ _ _ Ter sa Pastella, Notary Public C1"r °r a�3����td tcvrx Panasy iaaia ASSnG.aLSM1 _f tiafiari.�s- - - - 0 CC CERTIFICATE ? 1— r Rf 1, the undersigned, Assistant ecretary of Liberty Mutual. Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint aftorneys-in-fact as provided in Article XIII, Section 5 of the By-laws of. Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company; wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WH'EREOF, have hereunto subscribed my name and affixed the corporate seal of the said company, this day of >.; . Byz�2r David M. Carey, Assiptifit Secretary City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK February 1, 2010 California Professional Engineering, Inc. dba California Professional Electrical Engineering 9316 Mabel Ave. S. El Monte, CA 91733 RE: CC-1324 — Street Lighting Modification on Pacific Coast Highway between Main St. and First Street Enclosed please find your original bid bond for CC-1324. Sincerely, Joan L. Flynn, CMC City Clerk JF:pe Enclosure /follo u /cas cont/retur b n .doc Sister Cries:r�lo, �'apan • alga ere, New Zealand (Telephone: 714-536-5227 ) 2009OCT 20 PM 1: 40 FROM: CALIFORNIA PROFESSIONAL ENGINEERING, INC. 9316 MABEL AVENUE SOUTH EL MONTE, CA 91733 TO: City Of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 PROJECT: Street Lighting Modification Pacific Coast Highway (Route 1) Between Main Street and First Street SECTION C PROPOSAL for the Street Lighting Modification on: Pacific Coast Highway (Route 1) between Main Street and First Street CC No. 1324 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids 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 aI Bon din the amount of $ d b 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: I.Addendallo. I Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and First Street CC-13 24 1 1 L.S. Mobilization. Per L.S. 2 1 L.S. Traffic Control. @ 6W 0� `Slkl11, Per L.S. 3 8 EA Replace Existing Street Light Luminaires. @-Two Ift os ►D . -rite RLANaQe©7157" $ Per EA. —- 4 1 L.S. Install Conduit, Pull Boxes,.Modify Type III Service, and Install Conductors in New and existing Conduit Per L.S. 5 300 L.F. Install additional 2" conduit (not shown on plans) within sidewalk area at the discretion of the Engineer. $ 2-5 $ —75 M @ jVt NTq -F�lVC Per L.F. 6 1 L.S. Caltrans Encroachment Permit Per L.S. Total Amount Bid in Figures: $ 4451-1 o® Total Amount Bid in Words: $ NIE Note for CC-1324: The City will provide the luminaires and lamps at no cost to the contractor. The contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. C-3 '111 1'11111,111 111"Filifill In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor ;state License Class of Fork Number ' >'gtA ftfWi I I C`9q -i -c>- � By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDEN AND SUBMITTED WITH BID State of California ss. County of Orange V 0 4 I V U 4aYl , bet" says that he or she is C'tCVI CV aA (A y1 (a Cke V' of f the party making the foregoing bid that the bid iYnot 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. W Pidds,10ago I 1 Engineering, Inc. Name of Bidder Signature of Bidder t . g316 Mable Are. :South EL Monte, CA 91733' Address of Bidder' - Subscribed and sworn to before me this of () day of Oc.-�ob b- , 20 og . NOTARY PUBLI TRACY SOOC "MM.# 18046OR rp NOTARY PUBLIC -CALIF" 1A 0 Los ANGELES COUNTY .. MY Comm. EXP. JUNE 28. 2012 NOTARY SEAL C-s 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 Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and first Street, (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: k 0 lu I b C ('nntrartnr k enyieya l M cAnuez Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes S(No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIIFICATE 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: to '�- Glty f-V-�I IM (AD &U r- Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: M AJ �\r1 G� Title Date: ak8y)u � o , `u�L Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMA'TION BIDDER certifies that the following information is true and correct: 10 Ca�omia Prof�ss�nal Eopool k Bidder Name 9316 INable A46. youthI Mon#e, CA1733 Business Address City, State Zip (ko) -159. - Telephone Number =i1::7,1g390-7 Class Gia, A State Contractor's License No. and Class Original Date Issued 04/3oIa!oII Expiration Date The work site was inspected by 1 „At- of our office on OCtoye f" , 20A. The following are persons, firms, and corporations having a principal interest in this proposal: aiIII'InQ, Inc, C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and/`improvements in accordance with the plans and specifications set forth. % CAMOMW Dal Company Name %I Signature of Bidder - Gi tn-2 ccd � (&11 Printed or Typed ig Subscribed and sworn to before me this )-0 day of 0 CA � � I(200_ . NOTARY PUBLIC TRACY SOOC Cow. # 1804694 to N " ® NOTARY PUBLIC•CALIFORNIA N LOS AN6ELES .,OUNTY r MY CCMM. ERP. JUKE 28, 2C12 '` 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. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Date Completed Contract Amount Type of Work Date Completed C-11 9316 Mabel Avenue South El Monte, CA 91733 Ph: (626) 452-8658 Fax: (626) 448-0470 JvL E1' REAff-S. TROJEM. Caltran 08-OL4404 Emergencv Proiect Amount: $700, 000 Owner: Department of Transportation Project Manager: Amgad Gadalla Contact phone #: (951) 453-8929 Status: Completed Caltran 08-OJ7104 Wireless Vehicle Detection Svstem Amount: $1,120, 000 Owner: Department of Transportation Project Manager: Ebraham T. Ebraham Contact phone #: (951) 232-6263 Status: In Progress Los AnLyeles Countv Replace Existing Concrete Drains Amount: $68, 000 Owner: Department of Transportation Project Manager: Pravin Patel Contact phone #: (213) 620-2039 ext.203 Status: Completed Riverdale and Finch Safe Route to School Signalized Street Amount: $189, 000 Owner: City of Anaheim Project Manager: Robert Luciano Contact phone #: (714) 765-5176 Status: Completed Additional information yvill be provided upon your request. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond BOND # NIA KNOW ALL MEN 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 001100 PERCENT of attached bid ---- ----------------- --------------------- Dollars ($ 10 ono � 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 STREET LIGHTING MODIFICATION (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 9th day of October 2009 (Witness) (Witness) 61]M YUNG T. M (Title) L ENGINEERING, INC. IONAL ELECTRICAL (Seal) ENGINEERING (Seal) AIA DOCUMENT A310 BID BOND AIA ® FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 ALL—PURPOSE ACKNOWLEDGMENT State of California County of SS. On (,�io � 1 d00(1 , before me, ' 'C(A Gy SOC C-L Pjc�nyy DATE personally appeared Y� 1 J'3 a_�j eh , 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. TRACY SOOC Comm.# 1804694 NOTARY PUBLIC-CALIFORNIA In ` LOSANGELES COUNTY. Y MY COule. EXP. JUNE 28; 2012 `, NOTARY'S SIGNATURE PLACE NOTARY SEAL INABOVE SPACE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) [] rNDMDUAL ORPORATE- OFFICER [] PARTNER(S) 0 ATTORNEY -IN -FACT [] TRUSTEE(S) Q GUARDIAN/CONSERVATOR [ OTHER: TITLE(S) SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OFATTACHED DOCUMENT Bid hD 9A TITLE OR TYPE OF DOCUMENT 5 NUMBER OF PAGES DATE OF DOCUMENT OTHER RIGHT THUMBPRINT OF SIGNER APA 01 /2009 NOTARY BONDS, SUPPLIES AND FORMS AT HTT?:/WWW.VALLEY-SIERRA_COM02005-2008VALLEY-SIERRAINSURANCE ACKNOWLEDGMENT State of California County of Orange ) On October 9, 2009 before me, Christine T. Hoang, Notary Public (insert name and title of the officer) personally appeared YunLy T. Mullick who proved to me on the basis of satisfactory evidence to be the person(z) whose name(*) is/AXX subscribed to the within instrument and acknowledged to me that he/gjatdbft executed the same in hiSkxNAm?r authorized capacity(*, and that by hishmmMak signature($) on the instrument the person(t), 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 an official seal. C4 �� CHRISTINE T. HOANG � comm. # 1827909 o NOTARY PUBUC4AUFORNA X f ORANGE COUNTY Signature (Seal) My cm".apkwDEC 4t2012 N 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 New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: JENNIFER C. GIBONEY, JAMES W. MOILANEN, YUNG T. MULLICK, CHRISTINE T. HOANG and P. AUSTIN NEFF JOINTLY OR SEVERALLY Its true and lawful Attorneys) -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 (S25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimmle under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior 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." \i1fiI1NtH71pgAl ��6Qsp�DlifT:G - %l�i_ iONgE, 973 By Stnvn P. Anrlemon, Presdient & CldefEucuth-eO ficrr of Washington lntematlaral Insurance Comp �: SEAL 9� H & Senior Vke President of S"ordi American Speclaky Insurance Cmnpmy lmrnilnr�i 15 By U, Daiid M. Layman, Senior V[ce Presider or Washington Intematimal Insurance Company 'OalmW�aiA & 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 20th day of February 20 09 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 20th day of February 20 09 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior 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 resDective companies. "OMC,7AL SP.AV )NM D. SKLENS Notary Public, State of Ublaois IDiy C-Mission £apnea tIN@6Ii011 ,001t1w Donna D. Sklens, Notary Public I, James A. Camenter , 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 9TH day of OCTOBER 20 o9 . James,k Carpenter, Vice Prudent & Assistant Secretary of Washir4m International Insurance Company & North American Specialty Insurance Comparry City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK February 1, 2010 Global Road Sealing, Inc. 10832 Dorothy Avenue Garden Grove, CA 92843 RE: CC-1324 — Street Lighting Modification on Pacific Coast Highway between Main St. and First Street Enclosed please find your original bid bond for CC-1324. Sincerely, Joan L. Flynn, CMC City Clerk J F: pe Enclosure Sister CRres"o)Vf�',sParatVVr t Pgg.�P8 New Zealand ( Telephone: 714-536-5227 ) 2009 OCT 20 PM ►: 28 C; 1 for the Street Lighting Modification on: Pacific Coast Highway (Route 1) hetween Main Street and First Street CC No.1324 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH-. In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern -over -extended amounts, and -words shall governoverfigures... 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 EotvIn the amount of $ which said amount is not less than JDYLof the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and First Street CC-1324 �tet� Estizna�te� =I#em�N�ih�7�at D'x.�ce ���iken �i �orcis C��t�'�ce � �F.�ytyende�f 1 1 L.S. Mobilization. Per L.S. 2 1 L.S. Traffic Control. G $5zo $ ,%-500 Per L.S. 3 8 EA Replace Existing Street Light Luminaires. @ $ $� DOO O Per EA. 4 1 L.S. Install Conduit, Pull Boxes, Modify Type III Service, and Install Conductors in New and existing Conduit Per L.S. 5 300 L.F. Install additional 2" conduit (not shown on plans) within sidewalk area at the discretion of the Engineer. $ Per L.F. 6 1 L.S. Caltrans Encroachment Permit @ $� $ Per L.S. Total Amount Bid in Figures: $ Total Amount Bid in Words: Note for CC-1324: The City will provide the luminaires and lamps at no cost to the contractor. The contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. C-3 In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will performm 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 �4ddress of Subcontractor ;State License Class o I!Vark Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. Thatthe.AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 �-M - �- M- . W = - - M i V &W101,1XMI. ; State of California ss. County of Orange =T ► (c, , being first duly sworn, deposes and says that he or she is of i% / Pia hH kthe 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. / - �01-- Name of Bidder Signature of Bidder zD,Mg' )o ,76 4, 6r&r -C n+ 92PY3 Address of Bidder Subscribed and sworn to before me this -10 �day of 200a . Thao T. La COMM. #1799WI NOTARY PUSUC - CAUFORMA ORAOdt3E COU05SY My Cornet. Expkas bley.'0, i;�e: NOTARY PUBLIC NOTARY SEAL C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Street Lighting Modification on Pacific Coast highway (Route 1) between Main Street and first Street, (n(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. Date: 4<D /&_W f c —� Contractor By C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. Date: 1 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. " ha , Contractor a` By 72 �A4 Title C-S 01.0 1 004� (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 811 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: a �� &J 4 -��4 ki ✓C Contractor By Title Date: d 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. G9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address 1 - (aee t / -- City, State Zip / Y) 42-� -0dor-/r __ Telephone Number State Contractor's License No. and Class Original Date Issued . o 1 1.,14 Expiration Date The work site was inspected by� of our office on ld S— , 20019 The following are persons, firms, and corporations having a principal interest in this proposal: e C--10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Btdder -% a` C 79-- Printed or Typed Signature Subscribed and sworn to before me this _ day of NOTARY PUBLIC ,200 42�&Ztao T". La C. #'! 799"7 NOTARY PUBLIC. CAUFORMA ORANGE COUNTY Q My Comm. Expires May. 30.2"a 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. (C-4 Uri 7-3 2. Name and Agency Name and Telephone No. of Project Manager: �i szoc6a2 _7/ /o D Contract Amount Type of Work Date Completed r,A (16 C--'- -Kl. Name and Address of Public Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. - . e'4A11K �. Name and Addr ss of P61ic Agency Name. and.Telephone No. of Project Manager: Contract Amount C-11 � LC 0 �; D KNOW ALL MEN BY THESE PRESENTS, that we Global Road Sealing, Inc. 10832 Dorothy Avenue Garden Grove, CA 92843 as Principal, hereinafter called the Principal, and the Western Insurance Company, a corporation duly organized under the laws of the State of Nevada, as Surety, hereinafter called Surety, are held and firmly bound unto City of Huntington Beach 2000 Main St Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten percent of attached bid. Dollars ($ 10% of attached 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 Street lighting modification on Pacific Coast Highway (Route 1) between Main Street and First Street NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing and give bond with good and sufficient surety, or, in the event of the failure of the Principal to enter into such Contract and give such bond or bonds; if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. Signed and sealed 1his 20th day of October ss) , .:�V 12009 . Global Road Sealing, Inc. (Principal) y �Idc.dt,a d�— (Title�) Western Insurance Company (Surety) Clovia L Lehto (Attorney -in -fact) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of ( Washoe ) County of Nevada On October 20, 2009, before me, Jessica Haro , Notary Public, personally appeared Clovia L. Lehto Name(s) of Document Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. ESS my hand and official seal of Notary �.. ............................... , JESSICA HARD Notary Public - State of Nevada Appointment Recorded in Washoe County No: 08-6585-2 • Expires April 14, 2012 ......................................................................................... (Affix seal in the above blank space) i ' WESTERN INSURANCE COMPANY , 3214�6 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nevada and having its principal office at the City of Reno, in the State of Nevada, does hereby constitute and appoint Dick L. Rottman, Bradley A. Pearce, Janice L. Bowman, R. Scott Rottman, Clovia L. Lehto, Amy J. Simpson, Kathy M. Harshbarger Of the STATE OF NEVADA its true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or pennitted in any actions or proceedings allowed by law. In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary, this 19°i day of June, 2006. WESTERN INSURANCE COMPANY h NA l aPPoq, (Signed) By _ +` a a SEAL President 1994 OF0 Jr�lF OF EV'O�' (Signed) By Secretary STATE OF NEVADA) SS: COUNTY OF WASHOE ) On this 191' day of June, 2006, before me personally came DICK L. INSURANCE COMPANY and CAROL B. INGALLS, SECRETARY of said acquainted, who being by me severally duly sworn, said, that they, the sal respectively the PRESIDENT and the SECRETARY of the said E which executed the foregoing Power of Attorney, that they ea the seal < of Attorney was such corporate seal, that it was so affix b}wrder of the Bqq� their names thereto by like order as PRESIDENT NARY, rethli My Commission expires the 31st arch, 2010 PATRICIA A. LETSON Notary Public - State of Neyada 4T.ry OTT AN, PRESIDENT of the WESTERN nwith both of whom I am personally ROTTMAN and CAROL B. INGALLS were URANQ%COMPANY, the corporation described in M�q oration; that the seal affixed to said Power rectors of id corporation, and that they signed ofAthe�. iw Vl y A. Letson Notary Public a...Na 06-10a633�2 -bpees f& r. 2010 ...................................................... This Power of Attorney is granted-unNby authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPATW June 19, 2006. RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed as Attomey(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) 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, jointly with the Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and , unless subsequently revoked and subject to any limitations set forth therein, 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 validly attached. RESOLVED, that Attomey(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, CAROL B. INGALLS, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on June 19, 2006 and that this Resolution is in full force and effect. I, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whereof, I have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this 20th _day of . October 1 2009 Q � Secretary SEAL < • f'4, f ME,PO 1994 City ®f Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L. FLYNN CITY CLERK February 1, 2010 Electro-Air Co. 5450 Slauson Blvd. #214 Culver City, CA 90230 RE: CC-1324 — Street Lighting Modification on Pacific Coast Highway between Main St. and First Street Enclosed please find your original bid bond for CC-1324. Sincerely, Joan L. Flynn, CIVIC City Clerk J F: pe Enclosure Sister Cieo�iof�as�,�n�et�rt��an$$� New Zealand (Telephone: 714-536-5227 ) C,ly©puvi�r' P,qCjl t'' CoaS� Me ;vi gle-, fsf SECTION C for the Street bighting Modification on: Pacific Coast Highway (Route 1) between Main Street and First Street CC No. 1324 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL. OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $_ /o - which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and First Street CC-1324 TYem' Esti»ated Item Wlth IJ ll Price Written �> o ds tJ rt Prtce � ` tended` Tlc Quantity Amount F7-71 1 L.S. Mobilization. u1 11 $ 30$ 3®0® Per L.S. 2 1 L.S. Traffic Control. @ $ 5o0o— $ Sooy Per L.S. 13 1 8 EA Replace Existing Street Light Luminaires. 11 IJI II Per EA. 4 1 L.S. Install Conduit, Pull Boxes, Modify Type III Service, and Install Conductors in New and existing Conduit $ 15®n--11$ '2Doo " Il $ 2-56vo 11$ Z so®® II II II Per L.S. II IL_ Fr0 L.F. Install additional 2" conduit (not shown on plans) within sidewalk area at the discretion of the Engineer. 11 $_ 2$ �JI IL Per L.F. II 11 I 6 1 L.S. Caltrans Encroachment Permit $ 3,9®o $ 3000 Per L.S. Total Amount Bid in Figures: $ Total Amount Bid in Words: $ kl n 1Q1 - jA,_,ml A fir Note for CC-1324: The City will provide the luminaires and lamps at no cost to the contractor. The contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number MIN By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 State of California ss. County of Orange T" F-��r�2�-- E' , being first duly sworn, deposes and says that he or she is ,Fj%#,6AQr of reAl'a —T-V 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. State of California County of E ( ecVo — 1r 1 ✓ l m - il= iT Name of Bidder Subscribed aild pI to (or affrlrmied)` q Before me on this ` d a, 266 c by '3 ar pfcry d tc. me on � the Oasts Of satishctory evidence as be €lw Signature of Bidprer persono who appeared before me, Sig rw"ure 61911C S450 5/otw5ah Bev,•-=214 Cu�✓e��� y (seal) Address of Bidder Ck- 9a 2 3,s Subscribed and sworn to before me this 2 a day of t-') , 20 �a?. MOLOgD�ELISHACommission # Notary Public - COWWWO Los Angeles County f C«yam pq,�g2,2011 NOTARY PUBLIC �/p�C9Gl�.Sh�i NOTARY SEAL C-s iTTILI'TY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and first Street, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 10 / Z01 U 9 E IecfYb - lA.-r/ (o Contractor �a�(7�ou5�1 �a�bt By 0 VIVI e✓ Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 1012010 9 E l ecfirn — Contractor By O Wyl �✓ Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: F�-Iecfro-Al CO, Contractor By e3 a"e Title Date: (0, zot D 9 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER certifies that the following information is true and correct: E) ect/o —Rid C,• Bidder Name 5-4-5'0 -51ausoy Business Address C(Alger Ct%0 CA N23y City, State Zip (3/a ) 5495-6)o1 Telephone Number 538 4-a8 F3,- 00 State Contractor's License No. and Class 19 88 Original Date Issued 31 j 1% 2-of Expiration Date The work site was inspected by I>, kla46 �` of our office on ac+ 16- , 20gq The following are persons, firms, and corporations having a principal interest in this proposal: Day/yousk Hay/6c^ Abe, U[e--fro-AtYC-- C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. fEIectt-o — A""- G. Company Name Signature of Bidder �aryoush Narb � Printed or Typed Signature Stat of California Co ynty at .,2oa Subscribed and sworn try (or a!,irmed) Subscribed and sworn to before me this. Q day of rt c^ L 20 ' remeon this f.� 1',� , by MOLOUD EUSNA q �y b V S .K b l Commleelon * 1775675 - or Proved to me on Notary Public - Callbmla the basis of Satisfactory evidence to be the Los Angelo$ County person(# who appeared barbre me, 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&/ww,,ef" 41,eef 1,' ht ,,Mv 1p�� �- ��, - s gys�, ff + q L/9 Name and Address of Public Agency f WXE 'R'J- ec"Vo fie Name and Telephone No. of Project Manager: feeen - 1.4-c mc fZ*d, '510-- 837-W 0 e Contract Amount Type of Work 2. PD105 V,1fJeS I,'bra<X >"ct Name and Address of Public Agency Completed Name and Telephone No. of Project Manager: 9,16 Vole 31y377 — 9 U4 Contract Amount Type of Work Date Completed 3. Col OM, Name and Address of Public Name and Telephone No. of Project Manager: P 31 U — 6-9 2666 goo Ffec fi';ng I --u, Contract Amount Type of Work Date Completed C-11 0 KNOW ALL MEN BY THESE PRESENTS, that weElectro—Air Co. as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 9737 Great Hills Trail, Suite 320, Austin, Tx 78759, as surety, hereinafter called the "Surety," are held and firmly bound unto City of Huntington Beach as obligee, hereinafter called the Obligee, in the sum of Ten Percent ( 10 %) of the Amount Bid by Principal 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 Street Lighting Modification on Pacific Coast Highway NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into 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. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project; and PROVIDED, FURTHER, unless the bid documents require that bid security remain in effect for a longer period of time, Surety shall have no liability hereon if a contract for the bid amount is not awarded to Principal within 60 days of the date hereof. SIGNED, sealed and dated this 1 9th day o ober 20 09 (Principal) Electro—Air Co. BY: TITLE: SureTec Insurance Com an BY: David Noddle, -i - SureTec Bid Bond Form for Typing Rev 1.1.06 4 State of California Los Angeles County of ) On 1 0-1 a-20nq—, Ibefore me, personally appeared David Noddle Christopher Jahn Rizzotti, Notary (insert name and title of the officer) 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 alld correct. CNRIS(OPNER JONN RIZZOM Commission # 1639032 r' WITNESS ha d and official seal. Notary Public - California LOS ANGELES County j My Comm Expires BAN 17, 2010 Signature j (Seal) Signature of Officer POA #,: 510010 Know AM Men by These Presents, That SURE'T EC iNSURWCE COMPANY (the "Company'), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint David Noddle its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duty attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/10 _ and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice,Prestdent, any Assistant Vicc-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitablepersons as. Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: rtuvr n ey-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the: Company's liability. thereunder, and any such instruments so executed by any such Attomey4n-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. . Be R Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect. to any bond. or undertaking to which it is attached. (Adapted at a meeting held on 20 of April, 1999.) A fYrtrtess l 'hereU, ,, SUUTEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 28th day of October, A.D. 2008. :k SURETEC INS CE COMPANY P z,. B,d. Ki esldent State of Texas County of Harris �Mn On this 28h day of October, 2008 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETECINSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company, that the seat affixed to said instrument is such corporate seal;; that it was so affixed by order of the Board of Directors of said Company;, and that he signed his name thereto by like order, Michelle Dewy a a slaw Of TOM- MW It 2Ota Wkatt Michelle Denny, Notary P° b Iic Nly commission expires August 27, 2012 L M. Brent. Beaty, Assistant Secretary of suRET'EC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 1 9 t h day of October 20 0 9 , A.D. OL M. Brent aty, Assls aunt Secretary Any instrument issued In excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8.00 am and 5:00 pm CST. City ®f nun in t®n Beach 2000 Main Street ® Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK February 1, 2010 Fares Construction & Engineering 365 W. Second Avenue, Ste. 207B Escondido, CA 92025 RE: CC-1324 — Street Lighting Modification on Pacific Coast Highway between Main St. and First Street Enclosed please find your original bid bond for CC-1324. Sincerely, Joa L. Flynn, CIVIC City Clerk JF:pe Enclosure Sister New Zealand (Telephone: 714-536-5227 ) LOW uL, i e .0 crry 17 Tel: (760) 666-9193 Cell: (858) 722-6410 Fax: (760) 239-6464 BID DOCUMENTS ENCLOSED — DO NOT OPEN. Project Name: STREET LIGTHING MODIFICATION ON (ROUTE 1) Project Number: CC No. 1324 Bid Due Date: OCTOBER 20, 2009 Bid Due Time: 02:00 PM SECTION C PROPOSAL for the Street Lighting Modification on: Pacific Coast Highway (Route 1) between Main Street and First Street CC No. 1324 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids 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 Id & • in the amount of $ fO 6 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and First Street CC-1324 1111tUt 4 & 1 1 L.S. Mobilization. $ -o 4 $ Per L.S. 2 1 L.S. Traffic Control. I&A q0 k $ $ Per L.S. 3 8 EA Replace Existing Street Light Luminaires. S' S Per EA. $ jqj0 $ 1S C) I 4 1 L.S. Install Conduit, Pull Boxes, Modify Type III Service, and Install Conductors in New and . xi t* C d on ui s 23 'L $ s 23 lqL 5 300 L.F. Install additional 2" conduit (not shown on plans) within sidewalk area at the discretion of the Engineer. $ $ Per L.F. 6 1 L.S. C Itrans En chment Permit $ Per L.S. Total Amount Bid in Figures: $ Total Amount Bid in Words: ��Lo �j CQ Note for CC-1324: The City will provide the luminaires and lamps at no cost to the contractor. The contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH DID State of California ss. County of Orange �)nA& �� � , being first duly sworn, deposes and says that he orAe"' is _(�� \,,La2ZC of the party making the foregoing bid that the bid is not made in the interest of, or on the ehalf 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. A� fVA 6S�'�'� t\ � � . Name of Bidder IN W Address of Bidder Subscribed and sworn to before me this day of OG , 2001. NOTARY PUBLIC NOTARY SEAL C-5 State of California County of Orange ) On OCTOBER 19, 2009 before me, JENNIFER C. GIBONEY, Notary Public (insert name and title of the officer) personally appeared AHMED ABUFARES who proved to me on the basis of satisfactory evidence to be the person(6) whose name( is/aye,; subscribed to the within instrument and acknowledged to me that he%ti executed the same in hiskwxkojek authorized capacity(*, and that by his/iexkI%a:x signature(i) on the instrument the person(*), or the entity upon behalf of which the person(x) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a7�/ ' A r JENNIFER0. MONEY MOYARY PUfty.UAtJFMMIA ORANGE COUNTY � Signature (Seal) F 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 Street Lighting M dification on Pacific Coast Highway (Route 1) between Main Street and first Street, (weptlwill 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: QQ4 Q �� IVY) A�110V, S ��, Contractor %-41 I�MP_A_ ti By Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes j2r o If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: lnllq� a �-�-o�,f`P.b �ey1.c-�-�`�1T,'yv1 V �C.t�rv„v�ec�f+►�• Contractor By Title C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address 4nce-�.& Qv�- - City, State Zip Telephone Number State Contractor's License No. and Class �U Original Date Issued 02 J_, Expiration Date The work site was inspected by of our office on (Lk \ � 20OR The following are persons, firms, and corporations having a principal interest in this proposal: C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, x financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name 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 erfo ed similar wok within the ast two ears: p ono • Goi'1 s °-' �qA ' Py ;J i�vo�Je,1�w�ai- �a+s Name and Address of Public Agency a41War i ri �' ►' 'S Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 State of California County of Orange ) On OCTOBER 19, 2009 before me, JENNIFER C. GIBONEY, Notary Public (insert name and title of the officer) personally appeared AHMED ABUFARES who proved to me on the basis of satisfactory evidence to be the person(Z) whose name(g) is/ar; subscribed to the within instrument and acknowledged to me that he%jmAbgV executed the same in hiskxxfteir authorized capacity(, and that by his/ia ft-ix signature(s) on the instrument the person(t), or the entity upon behalf of which the person(j6) 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 m hand and offi i"al seal. �° COMM, 101797084 Y NOTARY PUBLIUALJF' MIA MANOR COUNTY 0 Signature (Seal) THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond BOND # NIA KNOW ALL MEN BY THESE PRESENTS, that we FARES CONSTRUCTION & ENGINEERING 365 W. 2ND AVE., STE. 207E ESCONDIDO, CA 92025 (Here insert full name ,and address or legal title of Contractor) as Principal, hereinafter called the Principal, and WESTERN INSURANCE COMPANY 675 WEST MOANA LANE RENO, NV 89509 (Here insert full name ,and address or legal title of Surety) a corporation duly organized under the laws of the State of NEVADA as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 (Here insert full name ,and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of TEN AND 00/100 PERCENT of attached bid --------------------------------- -------- Dollars ( $ 10 for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for STREET LIGHTING MODIFICATION ON PACIFIC COAST HIGHWAY (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 19th day of October 2009 (Witness) (Witness) FARES CONSTRUCTION & ENGINEERING (Principal) (Seal) (Title) WESTERN IN-SURANCE COMRA/a rety) (Seal) (Ti e) YUNG LLICK, 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 OCTOBER 19, 2009 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(z) whose name($) is/ate subscribed to the within instrument and acknowledged to me that he*kqtftvV executed the same in hisifajeir authorized capacity(*, and that by hishmofteft signature(s) on the instrument the person(6), 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 icial se JENNIFER C. GIBY,, comm. 01707ii fi NOTARY PUBL"ALI M A Signature (Seal) Y OR AN®R COUNTY . MAY11011 ... WESTERN INSURANCE COMPANY 321041 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nevada and having its principal office at the City of Reno, in the State of Nevada, does hereby constitute and appoint . Yung T. Mullick, James W. Moilanen, Jennifer C. Giboney Christine T. Hoang, P. Austin Neff Of the STATE OF NEVADA its true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary, this 19"' day of June, 2006, WESTERN INSURANCE COMPANY M NA b "'°"' a (Signed) By /_ SEAL 45k: President tssa 0007 'or �l4rF OF ME��O (Signed) By Secretary STATE OF NEVADA) SS: COUNTY OF WASHOE ) On this 19 ' day of June, 2006, before me personally came DICK L. ROTTMAN, PRESIDENT of the WESTERN INSURANCE COMPANY and CAROL B. INGALLS, SECRETARY of said Cy, with both of whom [ am personally acquainted, who being by me severally duly sworn, said, that they, the said L. ROTTMAN and CAROL B. INGALLS were respectively the PRESIDENT and the SECRETARY of the said WFTE SURAW COMPANY, the corporation described in which executed the foregoing Power of Attorney, that they ea e seal of id�C ration; that the seal affixed to said Power of Attorney was such corporate seal, that it was so affix d by ot�er f the B seal of id corporation, and that they signed their names thereto b like order as PRESIDENT r�RETARY r c e of the My Commission expires the 31st dsai arch, 201�^ PATRICIA A LETSON rted)_ "Diary r" - "am °i " to A. Letson Notary Public ate, da w 10 No ......06 +z3 z E,G... I -o... This Power of Attorney is granted r y authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPZN Odh June 19, 2006. RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed as Attomey(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s) 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, jointly with the Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seat of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and , unless subsequently revoked and subject to any limitations set forth therein, 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 validly attached. RESOLVED, that Attomey(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terns and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, CAROL B. INGALLS, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on June 19, 2006 and that this Resolution is in full force and effect. 1, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whereof, 1 have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this 19 day of OCTOBER 2009 �° Secretary SEAL tssa .. s'��e OF NEy'° City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK February 1, 2010 Metro Builders & Engineers Group, Ltd. 2610 Avon Street, Suite A Newport Beach, CA 92663 RE: CC-1324 — Street Lighting Modification on Pacific Coast Highway between Main St. and First Street Enclosed please find your original bid bond for CC-1324. Sincerely, J F: pe Enclosure Sister d es':o jo S�'apan t:` ai�a Cerre, New Zealand (Telephone: 714-536-5227 FROM: 2009 OCT 2 0 P i"I 1 4 9 L'2" metro Builders & Engineers Group Ltd. 2610 Avon Street, Suite A Newport Beach, CA 92663 (949) 515-4350 -.-,/ MAW C;I5-4351 SECTION C PROPOSAL for the Street Lighting Modification on: Pacific Coast Highway (Route 1) between Main Street and First Street CC No.1324 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 30 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids 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 R4A ef! n the amount of $ i o7o o� 64 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature C-2 PROJECT BID SCHEDULE Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and First Street CC-1324 1 11 1 L.S. 11, �"Itu U W n 10 "NtEC Mobilization. @ ei .�� yet C>C) 110r, $ $ ls'000 2 1 L.S. Per L.S. Traffic Control A Aisp_ a"."A I $ 3 8 EA Per L.S. Replace Existing Street Light Luminaires. 4us" 'F'-V e- Per EA. $ $ 4 1 L.S. Install Conduit, Pull Boxes, Modify Type III Service, and Install Conductors in New and existing Conduit (a-,) h, j e -jewo �Vv 4" $')9' coo $ ' -moo coo tj JPer L.S. 5 300 L.F. Install additional 2" conduit (not shown on plans) within sidewalk area at the discretion of the !.—0 Engineer. -AUe't!bj4-"/g_ LPer L.F. 6 1 L.S. Caltrans Encroachment Permit 00110 $ 9� Per L.S. Total Amount Bid in Figures: $ 4, Sob Total Amount Bid in Words: $ Jr_ (+Ve-Xkr'<j Ane) Note for CC-1324: The City will provide the luminaires and lamps at no cost to the contractor. The contractor is to pick up the materials at the City Yard, 17371 Gothard Street. Contact George Ruff two working days in advance for pick up at (714) 536-5530. C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number11 Class N �l By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange roe err) 40VKI.L.R , being first duly sworn, deposes and says that he or she is FXL s10F.'jrt of Ni p F;-,a pF$S $ 1ra6&-jelpAS the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to before me this NOTARY PUBLIC METRO BUILDERS & ENGINEERS GROUP, LTD. 2610 Avon Street, Suite A P�Stwp®rk t cd�, GAS `TW(®3 Address of Bidder day of , 20 _ . NOTARY SEAL C-5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of U�IQQ On 1d`20'2-00ri before me, SI�I(Al (foci IrV(n� Date He,P Inseff Name and Title of the Officer personally appeared FOlm 'Q diOtdk; Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(o whose nameX&, are subscribed to the within instrument and acknowledged me that &she/they executed the same in his her/their authorized capacity(), and that by 201"gREILY JEAN MINE /her/their signature(}S�J on the instrument the Cission * 1032001 person{) or the entity upon behalf of which the Ill public - California person( acted, executed the instrument. owneo CCU" Corr Jan 1 201 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: Place Notary Seal and/or Stamp Above S-igtatg of Notary Public OPTIONAL Though the information below is not required by law, it may �\t to persons relying on the document and could prevent fraudulent removal and reattach rm to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual s ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02008 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402- www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 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 Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and first Street, (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: 101 olv� Title METRO BUILDERS & ENGINEERS GROUP, LTD. 2610 Avon Street, Suite A Newport Beach, CA 92663 C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes O/No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. A4ETRO BUILDERS & ENGINEERS GROUP, LTD. 2610 Avon Street, Suite A Newport Beach, CA 92663 Date: IV 1 1 p4z, I Title C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: t� �T12o env ► �o� 2S Et'i Lff I fQ E ER-r, &ree u r Bidder Name (o)o A-yat-) Business Address �3 f-w eo a�7- &Pc µ- � A 911-" 3 City, State Zip ( 'I q) S'/S - g3S0 Telephone Number S-9758 7 A, 9, c-10 State Contractor's License No. and Class Date Issued 7/31/ to Expiration Date The work site was inspected by W'1n, f I--�vn of our office on Otero err 1 V, 20 01 The following are persons, firms, and corporations, having a principal interest in this proposal: �o U P,-Q HIOyA LL C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. VILDO 42-S 4 E Company Signature jft Bidder 1'oUft-X� 000ALLA Printed or Typed Signature Subscribed and sworn to before me this _ day of , 200 NOT C NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. S Lk- -TYr+C l ± 0 ST D Pr Pe-flJ EC IS Name and Address of Public Agency 2. 3. and Telephone No. of Project Manager: Contract Amount Name and Address of Type of Work Date Completed Name and Tel one 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 ype of Work Date Completed C-11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On 2-d b before me, StUA.IA tjW Dale Here Msert Name and Title of the Officer personally appeared UDA 9- . rH 0 U atIC.. Name(s) of Signer(s) ,� A r, c° s y; • b Place Notary Seal and/or Stamp Above who proved to me on the basis of satisfactory evidence to be the person(X whose name ) Qare subscribed tot within instrument and ackn6wledged to me that 6she/they executed the same in hi /her/their authorized capacity), and that by 5) s/her/t eir signature on the instrument the person, or the entity upon behalf of which the personvacted, 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. Signatu Public OPTIONAL Though the information below is not required bylaw, it may prove luable top n relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner - ❑ Limited []General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ❑ Corporate Officer — Title(s): ❑ Individual Top of thumb here ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.Nationa[Notary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827 Completed Projects Metro Builders and Engineers Group Ltd. 2610 Avon Street, suite A Newport Beach, CA 92663 (949) 515-4350 Tel, (949) 515-4351 FAX Owner: Metropolitan Transportation Authority Contact: Ajith Peiris Phone Number: (213) 9224771 Project: Division 3 Maintenance Building Annex Location: 630 W Avenue 28, Los Angeles, CA Contract Value: $4,197,739.00 Description: Design and construction of approx 12,500 sq ft bus maintenance facility including building shell, equipment, utilities, etc. % Done By Metro: 85 % Completion Date: 6/15/2009 Owner: Contact: Phone Number: Project: Location: Contract Value: Description: % Done By Metro: Completion Date: City Of Laguna Beach Wade Brown (949) 497-3311 Public Parking and Corporation Yard 1900 Laguna Canyon Rd. Laguna Beach, CA 92651 $8,498,306.00 Design/Construction of approx 22,000 sq ft pre -manufactured steel building w/ CMU exterior walls for the City Corporate Yard, and construction of public parking lot 65 % 12/31/2007 Owner: City of San Diego Contact: Harry Nguyen, P.E. Phone Number: (858) 627-3299 Project: Mid City Transit Facilities: El Cajon Blvd. Location: San Diego, Ca Contract Value: $1,637,202.00 Description: Construction of Public Trans Bus Stop including sewer, water, electrical service through streets % Done By Metro: 65 % Completion Date: 1/9/2007 Owner: City of San Diego Contact: Harry Nguyen, P.E. Phone Number: (858) 627-3299 Project: Mid City Transit Facilities: University Ave. Location: San Diego, Ca Contract Value: $1,556,390.00 Description: Construction of Public Trans Bus Stop including sewer, water, electrical service through streets % Done By Metro: 65 % Completion Date: 1/9/2007 ......................................................................................................................................................... Completed and In -Progress Projects Page 1 of 10/20/2009 Metro Builders And engineers Group Ltd. Owner: Pacific Islandia California - Sheraton Hotels Contact: Ross Crowder Phone Number: (714) 234-2418 Project: Anaheim Sheraton Location: 900 S Disneyland Dr., Anaheim, CA 92802 Contract Value: $75,622.00 Description: Lighting Improvements ross@crgjpn.com. We do not have a fax on file. % Done By Metro: 65 % Completion Date: 2/15/2006 Completed and In -Progress Projects Metro Builders And engineers Group Ltd. ......................................................................... Page 2 of 2 10/20/2009 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Metro Builders & Engineers Group, Ltd. as Principal, hereinafter called the Principal, and Western Surety Company a corporation duly organized under the laws of the State of South Dakota as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of ten percent of the bid amount Dollars ($ 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 Street Lighting Modification on Pacific Coast Highway (Route 1) between Main Street and First Street in the City of Huntington Beach. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and 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 penally hereof between the amount specified in said bid and such larger amount fur 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. day of October Metro Builders & Western (Surety) Ltd. 2009 (Seal) Fouad Houalla, President (-,)de) Theodore, 0(rely Phone No. (619) 682-3507 AIA DOCI INIENT A310 0 141D BOND ®AIA 0 FEBRI ARY 1970 M). 01HE ANIERICAN INSTITUTEOF ARCHITF(TS, 173i N.Y. AVF_, N.W.. WASHINGTON, D.C. 200(16 (Seal) (Title) Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Leslie Hahn, Jeffrey W Cavignac, James P Schabarum II, M Wager, Janis Theodore, Individually of San Diego, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 23rd day of February, 2009. aE�c WESTERN SURETY COMPANY I P019 �`�i W4OP q�9 3- �S f A`! J% XI/rp- �a'>tilci�P aul T. Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 23rd day of February, 2009, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +"�"'"`�"'�"•�`'��""`'`��� + `s D. KRELL November 30, 2012 j�� NOTARY PUBLIC/ram f r SOUTH DAKOTA t r +ytititi SS y�,titi ♦ti�s��stitiltititititi 4 D. Krell, Notary Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney heremabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 19th day of October 2009 WESTERN SURETY COMPANY yLwtyQQ,POgq��t v z L. Nelson, Assistant Secretary Fonn F3280-9-2006 .tom , , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT a' a max`- sr" --a- y- a+ � � a o � � a' a• - ar• a• a;� STATE OF CALIFORNIA County of San Diego } On October 19, 2009 before me, Kelly Weaver, Notary Public Date Here Insert Name and Title of the Officer personally appeared Janis Theodore Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(-) whose name(-) is/w4 subscribed to the within instrument and acknowledged to me thati-te/she/may executed the same inirisiher/##e@4 authorized capacity(iee), and that by+ft/herMre4r signature(-) on the instrument the KELLYVIEAVER person(*, or the entity upon behalf of which the personfe) 6'0805925Y acted, executed the instrument. NOTARY P-GXgAsANOPI certify under PENALTY OF PERJURY under the laws of my T1 the State of California that the foregoing paragraph is true AUGU$and correct. Witness m4hf d officialSignature Place Notary Seat Above otary 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 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: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �' •3 " y7 @Y Gam" e ; a�" mY a `" a t%Y eT'' 'EY !7 m% "• e�