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Elecnor Belco Electric, Inc. - EBE - 2021-05-17 (2)
v , Recorded in Official Records,Orange County 1 Hugh Nguyen,Clerk-Recorder 4 liii H III 11111 NO FEE PLEASE COMPLETE THIS INFORMATION * $ R 0 0 1 4 1 7 5 6 3 2 $ * 2023000020610 12:04 pm 01/30123 1 RECORDING REQUESTED BY: 227 NC-5 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 i x WHEN RECORDED MAIL TO: i 1 CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT Attn:Patrick Bannon P.O.Box 190—2000 Main Street !, 1 Huntington Beach,CA 92648 1 I 1 THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT NOTICE OF COMPLETION 7j I I NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street,Huntington Beach,CA 92648,that g the contract heretofore awarded to Elecnor Beico Electric,Inc.,who was the company thereon for doing the following work to-wit: Fiber Optic-City Hall to Pier Plaza,Project 8 CC-1821 That said work was completed 01/18/2023 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 01/18/2023,per City 1 Council Resolution No.2003-70 adopted October 6,2003. That upon said contract Fidelity and Deposit 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 27383 and should be recorded free of charge. / , , I ri Director of Public Works or City E ,ineer Date City of Huntington Beach,Califo i I 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 i have read said NOTICE OF COMPLETION and know the contents thereof;the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct,and that said NOTICE OF COMP - • ' was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange .. y. This document is solely the official business of � '�i// !/4)* 4 the City of Huntington Beach,as contemplated /_ i under Government code section 27383 and Director of Public Works or C Engineer Date should be recorded free of charge. City of Huntington Beach,Cal •mia 1 THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) i i i 2000 Main Street, Huntington Beach,CA 92648 City of Huntington Beach A "19yED d 0- / (PE7YIE-sAA/- AZIsEIVr) File #: 22-176 MEETING DATE: 3/15/2022 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Sean Joyce, Interim City Manager VIA: Sean Crumby, Director of Public Works PREPARED BY: Brian Polivka, Contract Administrator Subject: Accept additive alternative bid item #1 for the Fiber Optic Communications project from City Hall to Pier Plaza and authorize execution of a change order contract with project contractor, Elecnor Belco Electric, Inc. (EBE) to accommodate the additive alternative bid item; and. approve appropriation of funds, CC-1621 Statement of Issue: In May 2021 , the City awarded a contract to the lowest responsive and responsible bidder, Elecnor Belco Electric, Inc. ("EBE"), for the construction of fiber optic communications from City Hall to Pier Plaza. Since then, staff has identified the necessity of including additive alternative bid item #1 to the initial contract with EBE to install fiber optic connection to an additional City facility. Therefore, it is recommended to award a change order to fund this additive alternative bid item #1 to EBE. Financial Impact: Staff is seeking an appropriation of$110,500 from the Energy Efficiency Fund (807) to account number 80787002.82800 to fund the proposed change order contract with EBE. Recommended Action: A) Accept the additive alternative bid item #1 to the lowest responsive and responsible bid submitted by Elecnor Belco Electric, Inc., in the amount of$85,000; and, B) Authorize the Mayor and City Clerk to execute a construction change order contract with Elecnor Belco Electric, Inc. in a form approved by the City Attorney; and, C) Appropriate $110,500 from the Energy Efficiency Fund to account 80787002.82800 to fund this bid item, which includes the lowest responsive and responsive bid amount of $85,000 plus contingency and other administrative expenses. Alternative Action(s): City of Huntington Beach Page 1 of 2 Printed on 3/9/2022 . _.... .58b .... File #: 22-176 MEETING DATE: 3/15/2022 Deny approval of the recommended actions and recommend an alternative action. Analysis: The Information Services Division of the Administrative Services Department, in consultation with the Public Works Department, identified the need to develop a fiber optic connection between City Hall and various City facilities in the downtown area. Following a bid process, the City awarded to EBE a contract for the installation of a new fiber network from City Hall to Pier Plaza that includes connections to the 511 Street Police Substation, Downtown Library, Art Center and Lake Street Fire Station. The proposed bid package also included an Add Alternative item for an additional connection to the Main Street Parking Structure. That item was not approved at the time of contract award to EBE, and since then, the City has engaged in additional analysis of the City's infrastructure and concluded that this connection to the Parking Structure is critical for public safety, security, and connectivity between City Hall and City facilities in the downtown area. The need for these improvements is identified in the Fiber and Communications Master Plan. EBE has confirmed that they will honor their original bid price for additive alternative bid item #1 without a cost escalation. The total estimated cost of the item as a change order to their initial contract with the City is $110,500: Additive Alternative Bid Item #1 $ 85,000 10% Construction Contingency $ 8,500 10% Construction Administration $ 8,500 10% Construction Supplementals $ 8,500 Total S110,500 Attachment(s): 1. Vicinity/Location Map 2. Approved Plan Set 3. Agreement, Bid Package 4. Elecnor Proposal City of Huntington Beach Page 2 of 2 Printed C Co.Zn, 3/9/2022 W❑owerC Legls;al- ATTACHMENT # 1 � PROJECT BOLSA AVE. o LOCATIONS cn Ln cn Mc FADDEN AVE. U ry� EDINGER Ld m v~ N AVE. ppHEIL < w 3 AVE. m m o � co U a z >- U U7 J N W w a m WARNER o o AVE. c) of SLATER o AVE. a w 405 m TALBERT AVE. 9� PACIFIC ELLIS AVE. GARFIELD AVE. V) - -lm<li �ORKTOWN AVE. 09ST �� ADAMS AVE. G N q�c INDIANAPOLIS AVE. Y OCEAN z a 0 Ir ATLANTA J oz = AVE. m = 3 cr) w ¢ w z HAM LTON AVE. M. y�Lr BANNING AVE. N LEGEND FIBER OPTIC COMMUNICATION CITY OF HUNTINGTON BEACH •� +� VICINITY MAP ATTACHMENT CITY HALL TO DOWNTOWN FIBER OPTIC INSTALLATION I 65 ATTACHMENT #2 CITY OF HUNTINGTON BEACH d „q„ Z O DEPARTMENT OF PUBLIC WORKS z DOWNTOWN FIBER OPTIC COMMUNICATION PLANS 00 FIT -Hp1E8(AI aFwrak YORKTO'WN AVE. FROM MAIN ST. TO LAKE ST. NPR JFAP4 LAKE ST. FROM YORKTO'WN AVE. TO 6TH ST. mr,w..°.. °.<"a. ..o•,wcnv.•..v,.,.,..r... —1 ACACIA AVE. FROM E/O LAKE ST. TO W/O MAIN ST. ..r,rwv no-.°ww w,wm.•. .r.. � ° n 6TH ST. FROM LAKE ST. TO PCHIT I ITLn PCH FROM 6TH ST. TO MAIN ST. or.•,w w, .w.,,..xn m,wrcr...xw, .nr°wO "rye w.. m,.,. WALNUT AVE. FROM GTH ST. TO 3RD ST. rrm,..n iv,wm w.x.��.o•„..o•o...., rrr 3RD ST. FROM WALNUT AVE. TO OLIVE AVE. r.."v,•°»� vvxnr.xc.•nnu, wvw.u.. ,. y C.C. 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G •aP crr.mP N um.rowa swse A;PI REVISIONS REEEPENCES '-'� ""�'""""""'•" .....a :��, T• (•%IAUI'AATiL {" FIBER OPTIC COMMUNICATION PLhY 13 FIBER ASSIGNMENTS —±-- :_ 15 -z.A1r my a I,us'n�'cla;!uABI ✓a 0 0 F z 0 F z II II II l I t'G7wc= � \\tom• Ji/Il_IlI`� 1 'e �•ms ors..my ] .,.,..., n� �\� \ - D REMOVAL AND REPLACEMENT OF EXISTING PULL BOX/UTILITY VAULT .Z1 mns, L m TYPICAL III ILITY VAULT'FIRER OPTIC ITN TERING CABINET DE TAN. y TYPICAL CONDUIT ENTERING UTILITY VAULT/PULL BOX DETAIL TYPICAL CONDUIT RADIUS TYPICAL TRENCH DETAIL p�f• W A O u,oxo•rv..b se:..e.w REVISIONS REFERENCES a "^ �(•\ApVAKf{y'mwu•y fy_ �y� {'� FIRER OPTIC COMMUNICATION PLAN C41IXLrPE[ r 1� I l\8� ,� 1_ 1= _ ,o '"' �_��— ><" " CONSTRUCTION DETAILS •Y`—'^"^"'— GIl a IIUNR':GIG:L4AG1 PULL BOX AND CONDUIT 0 z ti z Z m m O O i-..,........of Z ..........- /ram Ln j ~ Ifflim al m -1 H �= - JS2 CABINET DETAIL PROPOSED BUILDING ENTRY DETAIL. CONSTRUOiION No IE$ITMIS SMBET) rtu1+O1 w,.w./+ r.. 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M ..,.: ...r.,... ....,a +PPRO CONDUIr!.. lUU $PACIi:G Y Z vw�.,I«. �� .W"..«_.,o...., ` vm •^" n.'ale'.a,:..,....n.«.n...n+ SECTION❑-BI�re PACIFIC COAST HIGHWAY CROSSING J o.o mv.n rn r.,..n.a Y� CAL1F.,rv5 ENC.OACnYE NI nEFu,N4}bM15pi11 'v y°'r N REFERENCES �y �, I,., I, L-/I,WIAHRS[m,d[uyeymn If�¢3 : N V FIBER OPTIC COMMUNICATION PLAN 16 811 CONSTRUCTION DETAILS 1 JACK AND BORE METHOD —1—I—: � OIY p XUNWIGip!6LA01 t6 n` ATTACHMENT #3 CITY FUNDED CONSTRUC iON CONTRAC"I' BETWEEN THL CITY OF HUNTIN6TON IiI ACII AND Elecnor Belco Electric, Inc. FOR Downtown Fiber Optic Communications - CC1621 THIS AGREENIEN f("Agreement") is made and entered into by and betvvecn the City of Huntington Beach, a municipal corporation of the Stale of California, hereinafter referred to as "CITY," and Elecnor Belcu Electric. Inc. a California corporation. hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more lully described as Downtown Fiber Optic Communications frotn City flail to Pier Plaza, CC-1621 in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW. Tl IFRF.FORF, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: I. STATE-IM NT 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, w its own cost and expense, all labor, plans, tools, equipment. supplies. transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk ofall loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, front the action of the elements, from any unforeseen difficulties which may arise or be encountered in the I 16-51951Cky Funded Construction Comnct.docx—revised 04,2016 582 prosecution of work, and for all other risks of any description in connection with the work. including. but not limited to, all espcnses incurred by or in consequence of the suspension or discontinuance of work. except such as are herein cspressly stipulated to be borne by CITY. and for well and faithfully completing the work within the stipulated time and in the manner shown and descrihed in this Agreement, and in accordance xith the requirements of CITY for the Cnlpensatiun set forth in the accepted bid proposal. 2. ,\CCLPI'ANCG OF CONDITION'S OF WORK; PLANS AND SPECIFICATIONS CONMACTOR acknowledges that it is full- farnilinr with all the temts,conditions and obligations of this Agreement and the Contract Documents (;Ls defined below in this Section). has inspected the location of the job site, and the conditions under which the work is to be perforated, 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 heroin. 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 Agreetncnt. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CFFY's standard Plans and Specifications and special contractual provisions, including those on file in the oil-ice of the Department of Public Works of CITY. and any revisions, anlendments or addenda thereto; I 16-5 19i/Cih• Funded Construction Contramdocs — reviwd OyR016 583 D. The edition of S7nndard Specifrcorions for rubric Works Construction, published by Builders' News, Inc.. 10301 National Boulevard, Los Angeles, CA 90064. and all amendments thereto, written and pronudgated 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 as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Projccl; I . Bid documents including the Notice Inviting [lids, the Special Instructions to Bidders and the CONTRACfOR's proposal. (which is attached hereto as Fxhibit "A" and incorporated herein by this reference): F. The particular flans, 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 he immediately submitted by CONTRACTOR to the Director of Public Forks of CITY or his or her written designee (hercinafler referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DP W, save only at its own risk and expense. Should there be any conflict bctyeen the terns 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 hid or proposal which is in conflict herewith. 3 16-5195/Ciry Funded Construction Cuntract.ducx—revisal 042o16 584 ?. 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 Burn not to exceed six hundred twenty six thousand four hundred fi�wotte Dollars 7 (S 626,451.00 ), as set forth in the Contract Documents. to be paid as provided in this Agreement. 4. COMME•NCE\1ENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working daps after the Notice 'l-o Proceed is issued and diligently prosecute the PROJECT to completion within seventy five (_ 75 ) consecutive Working days from the dap the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The panics 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. CON-TRACTOR 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 contactors, 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 he 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, 4 16-51951Cin Fundcd Construction ConLmct.doc> -ravised 012016 585 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRAC FOR on the premises. G. CHANGES CONTRACTOR shall adhere strictly 10 the plans and specifications set forth in the Contract Documents unless a change thcrelrom 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 PRO1FCf 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 pac an} 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 he performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon. CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward according]%. 7. NOTICI= TO PROCLGD No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Procced has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Procced 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. 5 16-5195/City Funded Construction Contract.duc,\—revised OaR016 586 R. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRAC'OR's faithful performance of the work, and uric in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials lu nished. 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. 9. WARRANTIES CONTRr\CTOR 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) dap period, CITY may then make appropriate repair or replacement at CONTRACfOR's risk and own cost and expense. 10. IN 1)EPEND1:N'I' C0N"I'RAC 0R 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 6 16-5 t 95rCity Funded Consmtceion Contramdocx—revised O4R016 587 deductions for CONTRACTOR and its officers, agents and employees and all business IICCItSCS, if any, in connection with the PROJECT and/or the services perforated hereunder. I ]. LIQUIDATED DAMAGES/DELAYS It is agreed by the panics hereto that in case the total work called for hereunder is not in all pans and requirements finished or completed v, thin 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 detennine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of eight hundred thirty dollars (S 830.00 ) per each calendar day's delay in completing the work in excess of the number of%vorking/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY «veld 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, quaruuine restrictions, strikes. unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall. within IiReen (la) 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 7 16-5195/0ty Funded Construction Contract.docx—revised 04/2016 588 delay and CITY shall extend the time for completing the work if, in itsjudgment, 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 def:3ult 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 front 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 orextension 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 contractots or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. I OR. 12. DI-\•LANDS FOR ADDITIONAL TIME OR MONEY. A. Definitions. (1) "Change Order" utcans a document signed by the CONTRACTOR and CITY which authorizes an addition. deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" utcans a written demand for a Change Order by the CONTR-ACTOR for any of the following: (a) A time extension: K 16-519.5/City Funded Construction Contmct.docx—revised O4l2016 589 (b) Payment of money or damages arising from work done by, or on behalf of. the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement: (c) Payment of an amount the CITY disputes: (d) Any disputes and other masters relating to the acceptability of the work performed or the interpreution of the Contract Documents: (c) A request for a time extension or additional payment based upon differing site conditions. such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical conditions at thejob site. of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJF..Cf; or (() A request for a time extension or additional payment based upon acts of neglect by CITY or due to Fires. floods. labor disputes,epidemics, abnormal weather conditions or acts of God. B. A Demand for a time extension or payrnermt of money or damages may only be granted by a Change Order. C. -No Change Order may he granted except where the Contractor has submitted a Demand to the DPW (or his or her written designee). AR Demands shall be submitted promptly, hot in no event later than thirty (30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (1 5) days after receipt, including by requesting additional information frorn the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within filiccn (15) days 9 16.5195/City Funded Construction Caturaet.docs—revised O4P016 590 after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater. D. Notwithstanding the thirty (30) clays to submit a Demand under Subparagraph C. in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTIL\CTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the tinge prescribed. the COi 1TIU\CfOR may so notify the City Engineer. in writing, either within fifteen (1 5)days of receipt of the City Engineer's response or within fifteen (Ib) days of the DPW's failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand. Upon the CON FRACfOR's request, the DPW shall schedule a meet and confer conference within thirty (30) daps to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference, if the Demand remains in dispute. the CONTRACTOR may file a claim with the City as provided in Chapter I (commencing with Section 900)and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of'Title I of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his 10 16-i 195/City Fundrd Constructiun Contrect.docx—revised 040016 591 or her Demand until the Demand is denied as a result of the meet and confer process. including any period of time utilized by the meet and confer process. 13. VARIATIONS IN ESTHMATI-D QUANTITIES The quantities listed in the bid schedule will not govcm final payment. Payment to CON fRAC I OR 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 PROJIiCf, ifthe actual quantities used arc: either more than or less than the quantities listed in the hid 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 arc 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 warran i. la. PROGRESS PAYNIENI'S Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the Value thereof. From each progress estimate, five percent (5%) 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, fltithfully cx-ecuted fifty percent (50%) or more of the value of the work as cictennined from the bid schedule. and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such II 16-5195/City Funded Construction Contract.docs—revised NP016 592 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 detennined 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 anv pan 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. Provided, however, that in the event ofa dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a ccnificalc signed by DPWl affirming that the work for which payment is demanded has been performed in accordance with the tents 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 an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS. SUBSTITUTION OF SI:CURJTILS 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 pemtit the substitution and deposit therewith of securities equivalent to the amount ofany 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 comentplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all \vorkers and persons employed, all finis 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, 12 16-3193/Ci1% Fundcd Construction Contract.docs -revised 0•1t2016 593 or items in connection with Notices to Withhold, which have been Glen under the provisions of the statutes of the State of California. 17. WAIVER 017CLAIMS 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. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 13. Pursuant to this Agreement and in accordance with Section 1 774 and 1775 of the California Labor Code, CONTRAC FOR shall. as penalty to CITY. forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage roc established tier that particular cmll or (%IN of tevrk. 18. CAI.IFORNIA PRFVAII.ING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agrecnunt, and the same has been set forth by 13 16-5195/Cin• Funded ConsnLCtIOT1 Contract.ducx—revised 04r?016 594 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Cock, CONTRACTOR agrees to secure payment of compensation to every employ cc. R. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code. CONTRACTOR shall, as penalty to CITY. forfeit twenty-five dollars (S25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established fbr that particular craft or type of work. 19. CALIrORIN'IA FIGHT-HOUR LAW A. Cali fOrnia Labor Code, Sections 1810 el seq. shall apply to the performance of this Agreement: thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection With the PROJECT- B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars (S25) for each ss'orker employed hereunder by CON-rRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one Id IG-i 19)/Cip, Funded Construction Cuntract.docs—revised 042016 595 (1) calendar day or forty (10) hours in any one ([) calendar week in violation of California labor Code Section 181 5. 20. PAYN4ENT OF TRAVEL AND SUBSISTENCE AU,Ownn'CL Section 1773.8 of tlic California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EIv1PLOYNIENT OF APPRENTICES Section 1777.5 of the California labor Code, regarding the employment ol' apprentices is applicable to this PROJECT. 22. PAYROLL RECORDS CON'fRAC'FOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman. apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY• and the employee or his representative, and the Division of Labor Standards Gnforccmcm and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 23. fNDENINIFICATION, DEFENSE, 1101.D 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 conscq Lien lial damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR'S employees and damage to CONTRAC fOR's property, 15 16-5195/City Funded Construction Contruct.doc.s —rerised 0412016 596 arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR. caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence_ sole negligence. or willful misconduct of the CITY,Y, its officers, elected or appointed officials, employees, agents, and volunteers. 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 Al claims and liability regardless of whether an), insurance policies are applicable. the policy limits do not act as a limitation upon the amount of indemnification to he provided by CONTRACTOR. 24. WORKERS' CONVENSATION AND 1 .N1PLOYEKS LIABILITY INSURANCE Pursuant to California Labor Code Section 1861. CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires cverc 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. CONIRAC'rOR 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 Icm s of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 16 16-5195/City hjoded Construction Contract.docs—revised 04/')016 597 25. INSURANCI In addition to the workers' compensation and employer's liability insurance and CONTRACT OR's covenant to defend. hold harmless and indemnify CH Y. CONTRACTOR shall ohtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify, CONI RACI OR, 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 cnntractual liability. of One Million Dollars (SI.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 (SI.000.000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials. employees. agents, and volunteers(the ''Additionally Insured Panics'') 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 CAN I RAC I OR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. 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 Fivc Thousand Dollars (S5.000.00) is permitted. CON'TkACTOR shall be responsible t-or causing all Subcontractors io maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5195/Chy Funded Construction Contract.docs—revised 03/2016 598 26. CERTIFICATES OF LNSURANCL• ADDITIONAL INSURED ENDORSi-Nll:NTS Prior to commencing performance of the work hereunder. CONTRACTOR shall furnish to CITY certificates of insurance subjccl to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement: the certificates shall: I. Provide the nanmc 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. ]'he requirement for carrying the foregoing insurance coverages shall not derogate front 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 hcreinabovc 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. 27. NOTICE OF TI IIRD PARTY CLAI:.1 Pursuant to Public Contracts Code 59202, CITY shall provide notice to CONTRACTOR ofrcecipt ofany claim filed with CITY or a court of competent jurisdiction which arises out of pertonnance of this agrcurnum within ten (10)clays of receipt ol'such claim or claims. 18 16-5195/City Dundee'Construciion Contrael.docx—revised 04POI6 599 28. DEFAUI:f AND rER�IINATION If CON 1 RACTOR 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 CON TRACT OR 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 tenminate 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 tcnnination of this Agreement under this Section was wrongful, such tcnnination shall be convened to a termination for convenience under Section 29 and any damages shall be assessed as set forth in Section 29. 29. TERMINAI ION FORCONVENIENCE CITY may ienminate this Agreement for convenience at any time with or without cause, all(] whether or not PROJf C"I-is full\, 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 tcnnination 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, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead. profit or CONTRACTOR's 1'ee on work not perfonned. Such payment by CITY shall he CONTRACTOR's 19 16-5195/Cite Funded Construction Convact.docs — revised O4R016 600 sole and CRCIUSiVC remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30- DISPOSITION 017 PLANS. ESTINIAII'S AND O 1'I II:R DOCUMENT'S CONTRACTOR agrees that upon completion of the work to be pertonned 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 CffY and become its sole property at no further cost. 31. NO NASSIGNAt311,ITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any pan hereof. or any right or dutV created herein. without the prior written consent of CITY Y and the surety. 32. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ nu CITY official florally regular CITY employee in the work perfomled 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. 33. STOP NOTICES: RECOVERY Of AD%•IINIS-I-RAI-IVE COS 1 S Cl FY 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 documcrit. This obligation shall be provided for in the labor and materials payment bond required of CO\TRACTOR. CITY nlay charge an administrative fee of One Hundred Dollars (S 100) for cvery 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 anV unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CON-I-RACI-OR under this Agreement. 20 16 195/01v Funded Construction Cont-mct.docx--revised 04/2016 601 34. NOTICES Any notices, certificates. or other communications hereunder shall be given either by personal delivery to COi'I RACTOR's agent (as designated in Section I hcreinaboye) or to CITY as the situation shall warrant, or by enclosing the same in a scaled 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 notilyine the other party via personal dcliverv, reputable overnight carrier or U. S. certified mail-return receipt requested: f0 CITY: TO CONTRACTOR: City of I luntingion Beach Elecnor Belco Electric, Inc. Al"IT`:Jim Escutia , Public Works AITNI: John WonK 2000 Main Street 14320 Albers Way Huntington Beach, CA 92643 Chino, CA 91710 35. SECTION HEADINGS The titles- captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included sole[\' Ibr convenience ol'reference only and are not representative of masers included or cscludcd front such provisions,and do not intcr7xet,define, limit or describe,or construe the intent of the panics or affect the construction or interpretation of any provision of this Agreement. 21 I6-5195/City Fundcd Cunstrimiun Contraet.dues —revised 04/_016 602 36. INPMGPLA PION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization lags of the United States and shall, in particular, comply with the provisions of United States Code Section t324o regarding employment verification. 37, LIXiAL SERVICES SUBCONTRACTING PROFfIBff13D 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 I [untington 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 CONTRACI.OR. 39. A1TCRNEl"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 pare shall not be entitled to recover its attorney's fees from the non-prevailing party. 39. INTERPRETATION OF THIS AGRE6MI NT fhe language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or aflcct 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 he deemed to include the other whenever the T) 16-5195/0ty Funded Co;mmcdon C'ontract.docx—revised 04/2016 603 contest so indicates or requires. Nothing contained herein shall be construed so as to require the comntissiun 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. 40. GOVERNING LAIN This Agreement shall be governed and construed in accordance with the lays of the State of California. 41. DUI'LICATF 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. 42. CONSENT Where Cf fY's consenVapproval is required under this Agreement, its consent approval for one transaction or event shall not be dcenud to he consent/approyal 10 any subsequent occurrence of the same or any other transaction or event. 43. SURVI\'?%L Penns and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 44. tMODIFfCATION No waiver or modification of any language in this Agreement shall he valid unless in writing and duly executed by both parties. 23 16.5195/City Funded Construction Contrect.ducx - revised 04C016 604 45. SIGNA'IOkll?S Each undersigned represents and warrants that its signature hereinbelow has the power, authorit} and right to bind their respective panics to each of the terms of this Agreemenl, and shall indemnil;y CITY fully for any injuries or damages to CI'fl' in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 46. ENTIRE'rl, The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following cxtcnsiye ann'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 part%. or anyone acting on that party's behalf'. which arc not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement. promise, agreement, warranty, tact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A". contain the entire agreement between the panics 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. 24 I6-5195iCity Funded Construction Comract.docx—revised O4/_>016 605 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorised officers on Z214 V / 7 , 200�,/ . CON"fRAC"I'OK: CITY OFF TINGTON BEACH, a municipal core ati the State alifomia By: Leonardo Sancti ranee. ��Maygr (print name) `/ e7 ITS: Chairman/President Vitt-President City Clerk �� V(circle one) INITIA" AN APPR E . AND By: / tree u l Jeroni Gervilla (print name) 1 � IE R ' A A ROVED: ITS: Secretary / hief Financial Off / Asst. Secretary/Treasurer (circle one) City Manager APPROVEDAS 'T 1' RM: M City Attorney 25 16-5195/City Funded Construction Contract.docx—revised 042016 606 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of San Bernardino } On 6/2/21 before me, Rebecca Wilks, Notary Public personally appeared Jeroni Gervilla and Leonardo Frances who proved to me on the basis of satisfactory evidence to be the person sDwhose names is�r subscribed to the within instrument and acknowledged to me that he/she<Dexecuted the same in his/he el uthorized capacity es and that by hisfhei-4EDsignatureQ on the instrument the persore, or the entity upon behalf of which the person s(Dacted, 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. WI ESS my hand and official seal. ,• ar:cm-t(s vwer.%oh.. Ca:namu /I � ���: S.n Ymob.c C0.'r'. C yr Cwv-. Gyn s_q 5 :a71 Notary Public Signature (Notary Public Seali ADDITIONAL OPTIONAL INFORMATION INti I'HI lClluNS F)K l f)�11'LFI 1\G rHls P(IKU /h.,7anm r,mry(r.•,+,lh , ..nr t'alqurnm,mmr.i rrga.drne nutun +orJrnq nn✓ DESCRIPTION OF THE ATTACHED DOCUMENT lo rhr rknvmrnt .IcLwdnlgmrno ham wM ,aa.•.m,n!v anm+,frleJ/w.bcumrrtn lr,ng uwr m that ow,,a kmg Huntington Beach Contract a,thr nn.rbnr e.,•,r o vwnrr the Cahlarnw=icon ra r„Jmr Cah7 rw nwnn ra. (ire a onaum Of e^adYd doartvru) . state a.d t'..mty,n(mnamn muu k thr state a W t'a.a,ty where the bauatan .,pmo;,.v Ily.ppenml twiwc thr burin pubhc(w oclarntcdptrast (Tce a desapbon d acadted EOgPutt cortz vu d) • D.S.o(,rtavntuv mu,:hr the d=that the.sp m%I pv.wulh &ITond%hmh mint.Fat,k the wnc J.0 it.nc kx.r.Wd l,.amq,lacd f�'urlbtx d P Document Dail • rh. ° Pubiw „ssm pant W, r. ba aunt ., a pp. with= h,. ,. ba Pages_ :v,mw.vao Wl"w by a c,=rru&W tbcn yam Ink(unan Public) . f4mt it. nat,r.1 n(dnwrent uplK %) .1., PMU. 11% aprc r n the mm of nrinrtMoo CAPACITY CLAIMED BY THE SIGNER • Iwixnr die c.wcct .miruW c. pima! L.m%by c,o..tnp nt7 m , tame U.e ❑ Individual (s) )'e'`bl"'b'"'• '^` 1`.ctrchap the a ,(.nm. Fnhm:u,awre 11%mbeau th,. mGntubcu may In,f w rc)avwn a(Jamtmt m,mintF * Corporate Officer . Ihr =,tat. .eat ntgwr...a nw„ IV .•ka uW Phtnpaphcaih rcpndunM1k tngm...n mum ru%c n a text w 1' .. If.cal rt,µtre. .nadir.. rc-.c.l a. (Tide) wfrtcwal.,n pcmu,..�ahav uc camtpkic.,ti t7crrn,rckmnkdp> tier= ❑ Partner(s) . 4pa at lb,r..u. puhia.,a wI,h,bc vmu:u,e m!k n,th the nirwe m it.cu %ckrk ❑ Attomey-In-FaU + .VLLturni ml.m,.vwn ,. ow rwty,mf bm tail,) hdp ,o rn.wc Lb,, ram- Trustee(s) an. &,d n,..h,F.,dcaim,att Other d,cate n l<.e t�M of atu hn1 d aims u,mm hr n(papn.nJ Jate -- '> baiwar the capovt clatmai by the.,ypa If the chimer)cnPwu. 1.a n,rpa.nrc W fwcr m f",c the mk b e t Fry.(70.1c'eam'I • ... Yo:a r,'.1:v••..... c 4.355^ • 4a.neh .aah thn Ja., t to the.,pnrd dnnm,em n ah. W1, 607 SECTION C PROPOSAL for the construction of Fiber Optic Communications for Downtown Fiber Optic Communications — C.C. No. 1621 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTONBEACH: In compliance with the :Notice Inviting Scaled 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 Citv Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 75 working days. starting Rom the date of the Notice to Proceed. The undersigned acknowledges that the issuance of Notice to Proceed will occur in October 2021 . BIDDER declares [hat this proposal is based upon careful examination of the work site. plans, specifications. Instructions to Bidders and all other contract documents. If [his 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, tares, royalties, fees, ctc., 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 re-advertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. GI 608 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find _13_tdda', dtund in the amount of Tcn Pcrccnt of Bid Amount 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", "Ceriifrcd Check". or t der s Bond for p as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Dare Received K 4 Bidder's Si nature 3 �{ t 26Lt C-2 609 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431. Fax (714) 374-1573 ADDENDUM NUMBER THREE For the Construction of Downtown Fiber Optic Communications -C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 13,2021 Notice To All Bidders: Please note the following clarification to the Project Plans. Specifications,and Special Provisions: 1) PART 1 -GENERAL PROVISIONS, SECTION 5-LEGAL RELATIONS AND RESPONSIBILITIES, 5.7.9.1 - SAFETY,Work Area Traffic Control, General The following paragraph shall be added after the thirteenth paragraph: In the area between Pacific Coast Highway and the Pier,all excavations shall be backfilled or plated at the end of each work day. Vehicular access must be maintained on to the pier at all times. All barricades must be removed and a level walking surface must be in place on Saturdays and Sundays. This is to acknowledge receipt and review of Addendum Numb r Thr . dated above. Elccnor Bcico Ekmnc. Inc .John Won Company Name April 14, 2021 Date All bidders must acknowledge and include the receipt of this Addendum wi r bid Dr000sal. For Addendum questions, please call William Janusz at(714)374-1628 within 24 hours of posting. 610 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 53&5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For the Construction of Downtown Fiber Optic Communications -C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 13, 2021 Notice To All Bidders: Please rote the folkunng clarification to the Project Plans, Specifications, and Special Provisions: 1) PART 1 - GENERAL PROVISIONS, SECTION 5-LEGAL RELATIONS AND RESPONSIBILITIES, 5-3- LABOR The following section and paragraph is added: Section 5-3.1 -General: (Add the following:] All workers that need to enter the Police Department substation facility will need to submit to a background check. They must have no felony convictions. Misdemeanor convictions will be evaluated on a case by case basis by the watch commander. Workers will need to be escorted at all limes while inside the facility. The contractor shall coordinate with the Public Works Contract Administrator a minimum of three working days prior to entry into the Police Department facility. This is to acknowledge receipt and review of Addendum Num dated above. 1:1ccnor Bcico Electric. Inc. .John Wong Company Name April 1 a. 20_1 Date All bidders must acknowledge and include the receipt of this Addendum with voir bid proposal. For Addendum questions. please call William Janusz at(714) 374-1628 within 24 hours of posting. 611 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For the Construction of Downtown Fiber Optic Communications -C.C. No. 1621 In the CITY OF HUNTINGTON BEACH April 8, 2021 Notice To All Bidders, Please note the fo0o%ing cianfication to the Proied Plans, Specifications, and Special Provisions: 1) PART 1 -GENERAL PROVISIONS, SECTION 5- LEGAL RELATIONS AND RESPONSIBILITIES,5-7.9.1 -Work Area Traffic Control -General The following paragraph is deleted from Section 5-7.9.1: Prior to the beginning of work,the Contractor shall execute the provided construction traffic control plan prepared per current AGENCY guidelines to safely prosecute the construction work Involved with a minimum of Inconvenience to the motoring public. The following shall be inserted in place of the deleted paragraph: Prior to the beginning of work on Pacific Coast Highway,the Contractor shall execute the construction traffic control plan prepared in conformance with the provisions of SECTION 7 -MEASURE AND PAYMENT, Section 7-3.3 Payment Bid Items for Bid Item No. 1 - Mobllizatlon. 2) PART 1 -GENERAL PROVISIONS, SECTION 7-MEASURE AND PAYMENT,7-3.3- Payment Bid Items, Bid Rem No. 18-Fumish and install 72 Single Mode Fiber Optic (SMFO) Cable with Mule Tape and 010 AWG Tracer Wire The second sentence of the third paragraph shall be deleted: Fiber optic cable shall be twelve(12)-fiber as indicated on the plans,dielectric single mode, loose tube,and rated for using in underground systems. The following shall be inserted in place of the deleted sentence: Fiber optic cable shall be 72-iber as Indicated on the plans,dielectric single mode, loose tube, and rated for using in underground systems. This is to acknowledge receipt and review of Addendum Number 0 at d above. Llrcnor Bdco Electric. Inc. ,John Wong Company Name Apnl14. 2021 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. For Addendum questions, please call William Janusz at (714) 374-1628 within 24 hours of posting. 612 SECTION C PRO.IECI' RID SCHEDULE A Downtown Fiher Optic Communications -C.C. No. 1621 BID rrEMS Item Total Cost Description Quantity Unit Unit Cost\o. Extension 1 I Mobilization(including Caltrans I LS S15,otz' to $ 0cc••o0 Encroachment Permit Coordination) _ 2 Traffic Control i I LS S CL7t<< S u. Or, Preparation of Project Specific Storm } Water Pollution Prevention Plan (SWPPP) I I:S S�cr•' c' $ ca'c• un and Water Pollution Control Program WPCP r Cultrms Involvement Installation and Maintenance of BMP's per 1 I'S S 5ati✓J i S.J 6u, ev the approved SWPPP and WPCP 5 Furnish and install 2" Sch. 80 PVC 11.266 1.F S oc' S 3>19fY�.ch conduit, pull tape + tracer wire Fumish and install 1.5" HDPE Innerduct 6 and pull tape I ISO I LF g 1c'• "' I g C7�.c,�. 7 Furnish and install 3" rigid steel conduit, ( 55 I I: S NS. 'c' S 3 S 25. x pull tape - tracer «ire 8 I Furnish and install 45 Degree 3" L.B. 5 ( EA I S L�' •v I S I•[Ld.['[� 9 Furnish and install No. N40 Pull Box/ I 12 EEA33 5w-,V ( ct v' Lci Splice Vault 10 Furnish and install No. 61' Pull Box I EA 5�141•C�t� g 112• 'c' I I Furnish and install No. 6 Pull Box 44 EA S Ws.00 S 3`1.9S L.oty 12 Furnish and install No. 6T Pull Box I EA S h[t`1 i.Oc 13 1 Remove and salvage existing pull box I 2 IiA Sj v'cA I S `1do•e7o C-2.1 613 Item Total Cost No. Description Quaotih Unit Unit Cost Extension 14 Install Conduit into Existing full Box I 2 ! :\ S 15 I Connect new conduit to existing conduit 2 EA 15 ),4 $ Furnish and install 144 strand Single Mode 16 Fiber Optic Cable + pull tape in 12.112 LF S`15'' _ I S. 50 Y.�x' existing/proposed conduit L17 Furnish and install 12 Strand Single ModeMit Fiber Optic dmp cable * pull tape in 2,037 LF S S•"" T111 existing//p�sed conduit I Furnish and install 72 Strand Single Mode IR I Fiber Optic drop cable - pull tape in I 350 I LF cxi ting/proposcd conduit Furnish and install underground Fiber 19 Optic Splice Enclosure. Perform Splice of I 9 I FA S I1 Z"'[i' S I`i ' vo fiber optic cable(s) I Furnish and install 12l24 Port Fiber Patch S 3 1•c Panel complete. Terminate fiber optic cable 8 EA Furnish and install new 144 port Fiber 7 x1,,tJ 7 r JO,rnr� 21 Distribution Unit (FDU) complete (rack 1 F:\ S� S j f mount) 1-I - Furnish and install new Ruggedcom Rack I 22 Mount Ethernet Switch, SFP modules, 2 FA S `.i''i' S Y CC'ti'"tJli ty ; power supply and patch cords complete � if 23 Remove and salvage Yagi antenna I I EA I S Z!�'•n' I S t Install Type 3321. Cabinet (City Furnished) 24 and Construct Foundation (Including 1 EA 51rb,][kC:,on S ��� dLr).e-t, � Conductors and Cables. Bonding and I — Grounding Complete) Relocate existing 170E controller to new 332L Cabinet (including NIMU and 3 Qxi',rtJ 3 Elc c .[k� 2q 1 lu\ I S l S l Furnishing and installing 1701: Ethernet Modem Card) _ 26 Furnish and install 19" Hvll-mounted I I EA I S� �C'•r� s 2-1i.ztJ,C>o server neck enclosure 17 I'erfon Tral7i 1 LS S �c Network System ( ct r.c2� n I S [ Integration 614 Item Total Cost \o Description Quantity Unlit Unit Cost Extension )R Test Network Communications and System I I IS I L5 sl4.ut,•k� s—L< <a c7CJ Documentation 27 I� As-Built Plans - - II L C S I S 'u.vo I S ncu . On TOTAL_ BID A:MOU\r-SCHEDULE A (RASIS OF AWARD) S 26t cfs!- dv TOTAL. BID AMOUNT IN WORDS: LL,i Lw Afe-I ICY'— - 0,1c l llti s <<t1d Note: Refer to Section 7. Measurement and Payment. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension• the unit price will govern. The owner reserves the right to reject any or all proposals and hid items. PRO.IECI' BID SCHEDULE 13 Downtown Fiber Optic Communications - C.C. No. 1621 ADDITIVE: ALTERNATIVE BID ITEM NO. 1 Item Total Cost No. Description Quantity Unit Unit Cost Extension Fiber Optic communications from Police I I S so5 nY,.cu 5 �,ct✓•,,d I f Substation to Downtown Parking Structure �' i TOTAL BID AMOUNT- SCIIFDIILE H (ADDITIVF ALTERNATIVE fill) rrFM NO. 1I TOTAL BID ANY)UNT IN WORDS: F-�gl,•4•r F•� C �l�.:u��cy1 do(lurs �.✓��. "8-rr4 Ct���S ;Vote: Refer to Section 7• Measurement and Payment. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The owner reserves the right to reject any or all proposals and bid items. C•2.J 615 LIST OF SUBCONTRACTORS In accordtmce with Government Code Section a 104. 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. Bid Name and Address of Subcontractor State Class Dollar %' of Items) License Amount Contract Number 90 By submission of this proposal. the Bidder certifies: I. 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 A61:NCN' will be furnished copies of all subcontracts entered into mid bonds furnished by subcontractor for this project. C-3 616 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 4 1-: NQ1, at Chino CA Dale Ciry .Stare John Wong being first duly swom, deposes and says that he or she is V¢c Pmsidcnr of Elocnor Belco Flcanc. 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 it 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 we: 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 depositor'. or to any member or agent thereof to effectuate a collusive or sham bid. John Wong Name of Bidder SI ' tLL a of tdd la i_0 Alhcr> \1'ay. no.CA 91 71 n Address of Bidder Ca 617 ATTACHMENT #4 belco elecnor 1/24/2022 Cite of Huntington Reach Serial No. 14-06054004 2000 Main Street Huntington Beach.CA 9264S Attention: Mr. Brian Polivka,Contract Administrator Reference: Downtown Fiber Optic Contntnnications City of Huntington Beach Project CC No. 1621 Belco Job No. 14-0605 Subject: PCO I.00R2 Yorktown to Cite [fall Fiber Route Revision. Installation of 144 SMFO in Citv Hall Basenlent- and upgrade of 12 SMFO Drop Cable to 24 SMFO.Confimntion of Additive Alternate Rid Pricing Hear Jlr. Polivka: Please consider the following as our price proposal for the Yorktown to City [tall Fiber Revision, Installation of 144 SMFO in the City Hall Basement Floor Phan Improvcmem Plans.and upgrade of the 12 SMFO drop cables in the Additive Alternate bid item to 24 SMFO. This pricing includes installing new conduit from the fiber vault on Yorktown Ave(contract work)to the existing pull box an Yorktown Ave, and installing an additional 144 SMFO into the existing conduit from this box to the City Half basement (plan page 2 of 7, Fiber Optics Installation project). Belco will install new 144 SMFO and the necessary equipment, in wising conduit, to the City Hall basement and terminate at the existing server rack as shown on the ntached plans (sheet A-26, Partial Basement-Admin b Develop. Bldg.). Relco will also upgrade the specified 12 SMFO drop cables to 24 SMFO drop cables as shown on the ArchSplice Revision for the additive alternate bid item. Our price for this work is: S23.803.52. Belco is also confamting the price submitted in the original bid proposal for the additive alternate bid item: S85,000.000 'the total for both of these items of work is: S108.803.52. I f this price is acceptable,please sign and return this change order for implementation. Should you have any questions or concems,please do not hesitate to contact tine at(909)993-5470 ext. 234. Sincerely, Elector��Beel/llc��o Electric, Inc. DBG�Y.li-b ��4.ZQi7. Doug(DlcWhorcr Project%tanager 14320 Albers Way Chino, CA 91710 We think about a better v:orld (909) 993-5470 Office www.elecnorbelco.com (909) 993-5476 Fax CA license 738518 618 RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office 'l,t,ne', after signing/dating CITY OF HUNTINGTON BEACH i INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Acceptance I have received the bonds for 7T i[ �IA-1' Irh'Nrer) CAPITAL PROJECTS (Includes CC's and MSC's) p Performance Bond No. 23O ,06Z y i Payment Bond (Labor and Materials) Bond No. Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved (Council Approval Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. zoao- SU Other No. SIRE System ID No. .S41ze, /y g.Morrns,bond transmittal to treasurer CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Elecnor Belco Electric, Inc. FOR Downtown Fiber Optic Communications - CC1621 THIS AGREEMENT("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Elecnor Belco Electric, Inc. , a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Downtown Fiber Optic Communications from City Hall to Pier Plaza, CC-1621 in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THE REFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: I. STATEME--NT OF WORK ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, scnices and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the 1 16-5195/City Funded Construction Contract.docx—revised 04,2016 prosecution of Hark, 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 home 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), has inspected the location of the job site, and the conditions under which the work is to be perforated, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; I6-5195/City Funded Construction Contract.docx—revised 042016 D. The edition of Standard Specifications for Public Works Consirzrction, 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 as specified in the particular Plans, Specifications, Special Provisions and .Addendum applicable to the Project; I . 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, Spec ificalions, Special provisions, or Addenda, the matter shall he immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-5195/City Funded Construction Contract.docz—revised 04/2016 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement,subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, -a, sum not to exceed six hundred twenty six thousand four hundred fr(tMi;tie Dollars (S 626,451.00 ), 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 seventy five ( 75 )consecutive Working days from the day the Notice to Proceed is issued by DPW,excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 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, 4 16-5195/City Funded Construction Contract docx-revised 04/2016 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, fumish 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 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 CONTRACIOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be perforated or furnished under this Agreement unless and until it 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. 5 16-5195/City Funded Construction Contracl.doca—revised 042016 8. BONUS 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. 9. WARRANTIES CONTRACTOR unconditional]), 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 pavmcnt of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 6 16-5195/City Funded Constriction Contract.doex—revised 04/2016 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, the sum of eight hundred thirty dollars ($ 830.00 ) per each calendar days 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 slmall grant a further period of time), notify DPW in writing of the cause of the 7 16-5195/City Funded Construction Contract.docx—revised 04/2016 delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY. or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (1 5) 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. DEMANDS FOR ADDITIONAL TIME OR MONEY. A. Definitions. (1) "Change Order' means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work. or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; x 16-5195/City Funded Construction Contract.docx—revised 04/2016 (b) Payment of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; (c) Payment of an amount the CITY disputes; (d) Any disputes and other[natters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (c) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or 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 PROJECT; or (f) A request for a time extension or additional payment based upon acts of' neglect by CITY or due to fires, floods, labor disputes,epidemics, abnormal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW (or his or her written designee). All Demands shall be submitted promptly, but in no event later than thirty(30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen (15) days 9 I6-5195/City Funded Construction Contract.docx—revised 04/2016 after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand. or the CITY fails to respond within the time prescribed. the CONTRACTOR may so notify the City Engineer, in writing,either within fifteen(15)days of receipt of the City Engineer's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference, if the Demand remains in dispute, the CONTRACTOR may file a claim with the City as provided in Chapter I (commencing with Section 900)and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Goverment Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his 10 16-5195/Cinv Funded Construction Contract.docx—revised 04/2016 or her Demand until the Demand is denied as a result of the meet and confer process. including any period of time utilized by the meet and confer process. 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 arc in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of' the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) 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 II 16-5195/City Funded Construction Contract.docx—revised 042016 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. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. 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 lx en performed in accordance with the terns 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 an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBsTCFUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR,who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all finis 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 CONFRACTOR's affidavit covering disputed claims, 12 16.5195/City Funded Construction Connact.docs—revised 0412016 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 OP 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. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code. CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular crag or type of work. is. CAI,11'ORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 16-5195/City Funded Construction Contract.ducx-revised 040-016 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. hi accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA LIGHT-HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one days work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight(8) hours of labor per day or forty (40)hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars (S25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one 14 16-5195/City Funded Construction Contract.docs—revised 0412016 (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 23. INDEMNIFICATION, DEFENSE, HOLD I1ARMLESS 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 CONIRACTOR's property, 15 16-5195/City 1-unded Construction Contract.docx—rerised 0412016 arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. 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 he provided by CONTRACTOR. 24. 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. 16 16-5195/City Funded Construction Contract.docx—revised 042016 25. 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 arnount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of Onc 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(S1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees,agents,and volunteers(the "Additionally Insured Parties") 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 and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain it self-insured retention without the express written consent of CITY; however an insurance policy `deductible" of Five Thousand Dollars ($5,000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5195/City Funded Construction Contract.docx—revised 04t2016 26. CERTIFICATES OF INSURANCE'; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. Provide the name and policy number of each carrier and policy; 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. 27. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR ofrcccipt of an),claim filed with CITY or a court ofcompetentjurisdiction which arises out of performance of this agreement within ten (10)days of receipt of such claim or claims. 18 16-5195/City Funded Construction Contract.dax—revised 04/2016 28. 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 tenninate this Agrccment� 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 29 and any damages shall be assessed as set forth in Section 29. 29. 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 tcnnination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the tcnnination period less all such payments already made. In case of such termination for convenience, the CON"TRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONIRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's 19 16-5195/City Funded Construction Contract.doex—revised 04/2016 sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. 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 properly at no further cost. 31. NONASSIGNA131LITY 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. 32. 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. 33. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars (S I00) 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. 20 16-5195/City Funded Construction Contract.docx-revised 04/2016 34. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section I hercinabove) 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: TO CONTRACTOR: City of Huntington Beach Elecnor Belco Electric, Inc. ATTNt:Jim Escutia Public Works AT1-N: John Wong 2000 Main Street 14320 Albers Way Huntington Beach, CA 92648 Chino, CA 91710 35. SECTION I[EADINGS The titles, captions, section, paragraph and subicct headings, and descriptive phrases at the beginning of the various sections in this .Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions,and do not interpret,define, limit or describe,or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21 16-5 M/City Funded Constntctim Contract.docx—revised 04/2016 36. 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. 37. LHCiAl. 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 I luntington 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. 3R. AT"TORNEY'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 attomcy's fees from the non-prevailing party. 39. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the 22 16-5195/City Funded Construction Contract.docx—revised O4/2016 , 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. 40. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 41. 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. 42. 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. 43. SURVIVAL Telnts and conditions of this Agreement, which by their sense and contest survive the expiration or termination of this Agreement shall so survive. 44. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23 16-5195/City Funded Construction Contract.docx—revised NrN16 45. 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. 46. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive ann's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises,agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set lorth 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. 24 16-5195/City Funded Construction Contract.docx—revised O4/2016 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on Z214 y /7 , 20 o�/ . CONTRACTOR: CITY OF TINGTON BEACH,a municipal Corp ati the State alifomia By: ' Leonardo SanchvIfrances yI Maygr h�j (print name) J �y/�i 4o ITS: Chairman/President 0itaPresident City Clerk (circle one) INITIA AN APPR AND By: Jcroni Gervilla (print name) IE A OVED: ITS: Secretary / hief Financial Offi / Asst. Secretary/Treasurer (circle one) City Manager APPROVED AS TQ FORM: City AttcWy 25 16-5195/City Funded Comtructim Centramdocx—revised 04/2016 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California } County of San Bernardino } On 6/2/21 before me, Rebecca Wilks, Notary Public personally appeared Jeroni Gervilla and Leonardo Frances who proved to me on the basis of satisfactory evidence to be the person Dwhose names is4"subscribed to the within instrument and acknowledged to me that helshe�executed the same in his/he el uthorized capacity es and that by his/her eI signatures on the Instrument the persorr,(s , or the entity upon behalf of which the person Dacted, 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 WI ESS my hand and official seal RCBCCCa waif Nptary BELL -CamCrna San gernardtnm County f ¢' Commission a 2300424 ( ✓t/ my Comm Eap.•et t-g 5. 2027 j Notary Public Signature INotary Public Sea ADDITIONAL OPTIONAL INFORMATION INS I k1'C I IONS FOR COMPI.F.IING I HIS FORM lhn icon,omplre.x.d, tumnl Cahli tar....... gu.'dmg notan xmdmg orta DESCRIPTION OF THE ATTACHED DOCUMENT finee.lerl houlJhr.tm2JrteJ.mJenuch.arorhed vmrntlaAtc.1,dmenm o,nr whe, rtw...mu, he au,mpL•trd/or ducvm.or(s being xtnt to(hm ante ,,long Huntington Beach Contract the x.udme✓ix s tar rert,t the(„hh,m.n n..r..n ro v.mhtte c.✓shaman notnq ITtOe or desn9tton of aRad*d d=menl) •/aState and(ammly mfmnabmn mum he the State,and Ctnmty xbcre the d icunaan stgnm s t pcncmally apparond hc•hre the notan public for ociana,Icdg matt I hue of nntuvamxt must be the date that the vgnMsI per+onally appeared%Inch (Title or desatption of Niched document continued) west also he the wnc date the ackn.„IcJgmmt is c.mrpli Humber of Pages_Document Date • the mtaan public mum print his n, her name as it appears idun lit, .r It,, u most%hdlo„cJ hs a aroma and then y.xu tide(nano pubhcl • Vrmt the wtetsi of Jnsvment agncrost %h,. pers.mall, appeal at the time naunnann CAPACITY CLAIMED BY THE SIGNER • inciteate the ,inect singular.x plural [tuns by crusting oli mcuneyt fnm,s it r ❑ Individual (s) ht +mutt sn.- oiiv i^rwi.lmgthe,rtmt luems Futhtrc tounrectl}md.catc nits ml:snnallom may Icad to rgw,un of skenmrnt tccivii ❑ Corporate Officer • ILc naan seal unptessaun must he clear and plmtographtcalls repnducthic Imi'm"m must not ce,cr teat m lines. If seal mri mssnn smi re-seal it n Mt le) eulfiicient area Nrnut,,,rthcr,i cumplee,a different acknuxkdgtnc-nt tirtn. ❑ Pariner(5) • "gnaturc of the nrnv puhhe mint match the ug,anum a,file%th the m ice m the csmnrc clerk ❑ Attorney-in-Fact 4 ,%dahn,mal enUnututm t, nut required but could help to ensue thr 7 Trustee(s) aek si sledli is nut mtsusad tr snachcd w a sbffrn t dosmrxmt Other 4 Indicate mle tx t%Tw of attwhed d(ewnew.number of pages and Jatc 4 Indicate the cApaenN damtol by the stgna If the claimed cape ,s.i arptraw utLca tnlwte the bile 0 c.CEO.CFO.Sccrtaryl document a ti• cecauely attach this e signed dre nl cod,ume a maple SECTION C PROPOSAL for the construction of Fiber Optic Communications for Downtown Fiber Optic Communications—C.C. No. 1621 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of' the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 75 working days, starting from the date of the Notice to Proceed. The undersigned acknowledges that the issuance of' Notice to Proceed will occur in October 2021. 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 re-advertise 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-I 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 Biddcr's Bond in the amount of Ten Pcrccm of Bid Amountwhich 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(it der s Bond for ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: :Iddenda A'o. Dare Received Bidder's Signature `1 o I m.c 2 4w1 City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 536-5431 , Fax (714) 374-1573 ADDENDUM NUMBER THREE For the Construction of Downtown Fiber Optic Communications - C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 13, 2021 Notice To All Bidders Please note the following clarification to the Project Plans, Specifications. and Special Provisions 1) PART 1 - GENERAL PROVISIONS. SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES, 5-7.9.1 - SAFETY, Work Area Traffic Control, General The following paragraph shall be added after the thirteenth paragraph: In the area between Pacific Coast Highway and the Pier. all excavations shall be backfilled or plated at the end of each work day. Vehicular access must be maintained on to the pier at all times. All barricades must be removed and a level walking surface must be in place on Saturdays and Sundays. This is to acknowledge receipt and review of Addendum Num Thr dated Ak2v . Elecnor Bcico Elcoric.Inc. ,John Won Company Name Date All bidders must acknowledge and include the receipt of this Addendum wit our bid proposal For Addendum questions, please call William Janusz at (714) 374-1628 within 24 hours of posting City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 536-5431. Fax (714) 374-1573 ADDENDUM NUMBER TWO For the Construction of Downtown Fiber Optic Communications - C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 13, 2021 Notice To All Bidders Please note the follovang clanfication to the Project Plans. Specifications. and Special Provisions 1) PART 1 - GENERAL PROVISIONS. SECTION 5- LEGAL RELATIONS AND RESPONSIBILITIES, 5-3 - LABOR The following section and paragraph is added: Section 5-3.1 - General: [Add the following:) All workers that need to enter the Police Department substation facility will need to submit to a background check. They must have no felony convictions. Misdemeanor convictions will be evaluated on a case by case basis by the watch commander. Workers will need to be escorted at all times while inside the facility. The contractor shall coordinate with the Public Works Contract Administrator a minimum of three working days prior to entry into the Police Department facility. This is to acknowledge receipt and review of Addendum Num rf dated above. I Icaror Rc I,,� I Icar I,'. ,John 1\one Company Name ApnI IJ, _U_I Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal For Addendum questions, please call William Janusz at (714) 374-1628 within 24 hours of posting City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 536-5431 Fax (714) 374-1573 ADDENDUM NUMBER ONE For the Construction of Downtown Fiber Optic Communications - C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 8, 2021 Notice To All Bidders Please note the following clarification to the Project Plans. Specifications. and Special Provisions 11 PART 1 -GENERAL PROVISIONS, SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES, 5-7.9.1 -Work Area Traffic Control - General The following paragraph is deleted from Section 5-7.9.1: Prior to the beginning of work, the Contractor shall execute the provided construction traffic control plan prepared per current AGENCY guidelines to safely prosecute the construction work involved with a minimum of inconvenience to the motoring public. The following shall be inserted in place of the deleted paragraph: Prior to the beginning of work on Pacific Coast Highway, the Contractor shall execute the construction traffic control plan prepared in conformance with the provisions of SECTION 7 - MEASURE AND PAYMENT, Section 7-3.3 Payment Bid Items for Bid Item No. 1 - Mobilization. 2) PART 1 -GENERAL PROVISIONS, SECTION 7 - MEASURE AND PAYMENT, 7-3.3- Payment Bid Items, Bid Item No. 18 - Furnish and Install 72 Single Mode Fiber Optic (SMFO) Cable with Mule Tape and #10 AWG Tracer Wire The second sentence of the third paragraph shall be deleted: Fiber optic cable shall be twelve (12)-fiber as indicated on the plans, dielectric single mode, loose tube, and rated for using in underground systems. The following shall be inserted in place of the deleted sentence: Fiber optic cable shall be 72-fiber as indicated on the plans, dielectric single mode, loose tube, and rated for using in underground systems. This is to acknowledge receipt and review of Addendum Number O at d above F]cenor Belco Elconc, Inc. L,hn AA nne Company Name Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal For Addendum questions, please call William Janusz at(714) 374-1628 within 24 hours of posting. SECTION C PROJECT BID SCHEDULE A Downtown Fiber Optic Communications—C.C. No. 1621 BID ITEMS Itw Description Quantity Unit Unit Cost Total Cost No n I Mobilization(including Caltrans I LS $&W cy S Ji,cct'•o0 Encroachment Permit Coordination 2 Traffic Control 1 LS S146Wv S 11 xv Oo Preparation of Project Specific Storm 3 Water Pollution Prevention Plan(SWPPP) I LS S �v S WO.no and Water Pollution Control Program WPCP (per CaltransInvolvement) 4 Installation and Maintenance of BMP's per I LS $ MA) $.2 S0✓•aw the approved SWPPP and WPCP S Furnish and install 2" Sch. 80 PVC 11,266 LF S 3y•00 S 33 NE3o•Do conduit,pull tape +tracer wire 6 Furnish and install 1.5" HDPE Innerduct 150 LF $ and pull tape 7 Furnish and install 3" rigid steel conduit, 35 LF S 95-.oo S 31325.W pull tape � tracer wire 8 Furnish and install 45 Degree 3" L.B. 5 EA $IAI-vo $ (Mm'•00 .vp 9 Furnish and install No. N40 Pull Box/ 12 EA S 3 3't'"� �✓ Splice Vault 10 Furnish and install No.6E Pull Box 1 EA S ILII00 S h 112•' 0 11 Furnish and install No. 6 Pull Box 44 EA SqOLK00 010152.ov 12 Furnish and install No. 6T Pull Box 1 EA S17943•0v S ()qq3• or, 13 I Remove and salvage existing pull box 2 EA S71IO.ry S t100.Ov C-2.1 1n Description Quantity Unit Unit Cost Total Cost � No. (Extension) 14 Install Conduit into Existing Pull Box 2 EA S�'•rw $ b off•O v 15 Connect new conduit to existing conduit 2 EA $,cw•60 $ � 00 Furnish and install 144 strand Single Mode 16 Fiber Optic Cable+pull tape in 12,112 LF S`1.5� S5�,5oy.co existing/proposed conduit Furnish and install 12 Strand Single Mode 17 Fiber Optic drop cable+pull tape in 2,037 LF SG,-0 J ti existing/proposed conduit Furnish and install 72 Strand Single Mode 18 � Fiber Optic drop cable+ pull tape in 350 LF S .Do S cX�.00 existin posed conduit Furnish and install underground Fiber 19 Optic Splice Enclosure. Perform splice of 9 EA S fiber optic cable(s) 20 Furnish and install 12124 Port Fiber Patch 8 EA S 7�•�b S 3 6vo•cb Panel complete. Terminate filer optic cable Furnish and install new 144 port Fiber 21 Distribution Unit(FDU)complete(rack 1 EA S $ Win'0CJ mount) Furnish and install new Ruggedcom Rack 22 Mount Ethernet Switch, SFP modules, 2 EA S S 9 power supply and patch cords complete 23 Remove and salvage Yagi antenna I EA S SO,0' $ Z540.00 Install Type 332L Cabinet(City Furnished) 24 and Construct Foundation(Including 1 EA SI4�an•n. S Jd�0,:70 Conductors and Cables, Bonding and Grounding Complete_ Relocate existing 170E controller to new 332L Cabinet(including MMU and 1 EA S ?<V''`a $ 3A;v- 25 Fumishing and installing 170E Ethernet Modem Card 26 Furnish and install 19" wall-mounted 1 EA S!fC2V.cb S Zt'W'Uo server rack enclosure 27 Perform Traffic Network System 1 LS S bj�'O'V S 6J av Integration C-2.2 otal Item Description Quantity Unit No. Unit Cost T xtetisioot 28 Test Network Communications and System I LS $(Sav""o $ 1S�`LW-oo Documentation 29 As-Built Plans I LS $ �'vo S non,oa TOTAL BID AMOUNT-SCHEDULE A(BASIS OF AWARD) S �.45f•�' TOTAL BID AMOUNT IN WORDS: S � X l wo,decd 4,�4en4-y 511( L�4/ L*,IjreJ c+fl-f-v one kl(Vs' ut'd tr C��f s Note: Refer to Section 7, Measurement and Payment. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The owner reserves the right to reject any or all proposals and bid items. PROJECT BID SCHEDULE B Downtown Fiber Optic Communications—C.C. No. 1621 ADDITIVE ALTERNATIVE BID ITEM NO. I Items Description Quantity Unit Unit Cost Total Cost No. (Extension) I Fiber Optic communications from Police I LS $05,0k).w SY5,cw-o,� Substation to Downtown Parking Structure TOTAL BID AMOUNT—SCHEDULE B(ADDITIVE ALTERNATIVE BID ITEM NO. 1) TOTAL BID AMOUNT IN WORDS: (:ra6,+y f=;vC }(louse^1 dollw-s u✓`'Ii ?.�rd CGv,�T Note: Refer to Section 7, Measurement and Payment, All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The owner reserves the right to reject any or all proposals and bid items. C-2.3 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. Bid .Name and Address of Subcontractor State Class Dollar %of Item(s) License Amount Contract Number KO SUS S 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 fumished copies of all subcontracts entered into and bonds fumished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 14 2021,at chino CA Date City State John Wong being first duly swom, deposes and says that he or she is Vice President of Elecnor Belco 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. John Wong Name of Bidder Sig a Way.Chin of rdd 14320 Albers o.CA 91710 Address of Bidder GI 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 Fiber Optic Communications for Downtown Fiber Optic Communications—C.C. No. 1621, (1)(wexit) 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. Elecnor M-1co Electric,Inc. Contractor John Wong By 0 U Vice President Title Date: April 14,2021 C-S DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Elecnor Belco Electric,Inc. Contractor .John %k ong 'cc President Title Date: .4pn1 la, 2021 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Fleenor Belco Electric.Inc. Bidder Name 14320 Albers Business Address Chino CA 91710 City, State Zip 909 ) 993-5470 Telephone Number 738518 A,B,C-10 State Contractor's License No. and Class 7/28/97 Original Date Issued 7 31 21 Expiration Date The work site was inspected by Ralph .Antuna of our office on April 14 2021, The following are persons, firms,and corporations having a principal interest in this proposal: Alberto Garcia de los Angeles-President John Wong-Vice President Jeroni Ger%ilia-Treasurer Pedro Enrile-Secretary Roger DeVito-Assistant Secretary C-8 UNANIMOUS WRITTEN CONSENT IN LIEU OF 2021 ANNUAL MEETING OF THE, BOARD OF DIRECTORS OF ELECNOR BELCO ELECTRIC, INC. ,January 1,2021 The undersigned, being all of the members of the Board of Directors (the "Board") of Eleenor Belco Electric, Inc.,a California corporation(the"Company"), in lieu of holding a meeting of the Board, hereby take the following actions and adopt the following resolutions by unanimous written consent: WHEREAS,the Board has determined that it is in the Company's best interests to appoint a revised slate of Officers of the Company. NOW,THEREFORE,BE IT RESOLVED,that the following persons be,and hereby are,elected to the offices set forth opposite their respective names,to hold such offices until their respective successors are elected and qualified at or before the next annual meeting of the Board. or until their earlier respective deaths, resignations or removals: NAMES OFFICE Alberto Garcia De Los Angeles President and Chief Executive Officer leroni Gervilla Chief Financial Officer Roger Devito Senior Vice President. General Counsel and Assistant Secretary Pedro Enrile Secretary Leonardo Sancho Frances Vice President John Wong Vice President for Construction FARTHER RESOLVED, that Alberto Garcia De Los Angeles, Jeroni Gervilla, Alberto Garcia and Roger De Vito in their respective capacities (listed above) subject to such supervisory powers of the Board of Directors, hereby are authorized and directed to perform all the duties commonly incident to that office; shall have authority to execute in the name of the Company contracts, leases and other written instruments to be executed by the Company;and,shall perform such other duties as the Board of Directors may from time to time determine. FURTHER RESOLVED, that the President and Chief Executive Officer may delegate authority to any Chief Financial Officer or Chief Operating Officer or Senior Vice President or Vice President as and within their authority levels as set forth in the Company's Bylaws,as the same may be amended from time to time: FURTHER RESOLVFD, that Roger Devito, in his capacity of Senior Vice President, or Leonardo Sancho Frances in his capacity of Vice President are hereby authorized and directed to: I. Negotiate,sign,amend and terminate agreements in connection with the purpose of the Company, for all contracts up to $250,000.00. and acting jointly with Alberto Garcia De Los Angeles or Jeroni Gervilla for all contracts in amounts greater than$250,000.00. 1 2. Execute, amend and finalize bid proposals in connection with the purpose of the Company, for all proposals up to $1.000.000.00, and acting Jointly with Alberto Garcia De Los Angeles or Jeroni Gervilla for all proposals in amounts greater than $1,000,000.00. 3. Acting jointly with Alberto Garcia De Los Angeles or Jeroni Gervilla, execute, amend and finalize purchase orders for materials and equipment in connection with the purpose of the Company. 4. Actingjointly with Alberto Garcia De Los Angeles or Jeroni Gervilla,execute,amend and terminate agreements for the lease of real estate to be used as offices orjob related temporary yards. 5. Acting jointly with Alberto Garcia De Los Angeles or Jeroni Gervilla, execute,amend and terminate insurance and/or bid bonds arrangements in connection with the purpose of the Company. 6. Acting jointly with Alberto Garcia De Los Angeles or Jeroni Gervilla, hire, suspend, impose sanctions and dismiss the administrative personnel of the Company, setting forth their employment terms and conditions, obligations and remuneration. 7. Acting jointly with Alberto Garcia De Los Angeles or Jeroni Gervilla, settle and claims on behalf of the Company. AND IT IS FURTHER RESOLVED, that all actions heretofore taken by the officers of the Company on behalf of and in the name of the Company, relating to the conduct of the business of the Company, the expenditure of money, the making of contracts and all other acts taken or omitted in the performance of their duties to the Company be, and the same hereby are, in all respects,approved. ratified and affirmed,as of the date taken, done or omitted, respectively. The actions taken by the Board Consent shall have the same force and effect as if taken by the undersigned at a meeting of the Board of Directors,duly called and constituted pursuant to the Bylaws of the Company and the laws of the State of California. This Board Consent may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. IN WITNESS WHEREOF, the undersigned, being all of the members of the Board of Directors of Elecnor Belco Electric, Inc., have executed these actions by written consent as of the date first written above. 0 - A imA or Luis Alcibar, Director 74k7i- Alexander Arrol& Director 2 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. Elecnor Belco Electric, Inc. Company Name A notary puDRc or other oRiur catlWMr'9 Slgnat Of 1 r thie cerlN¢ete venhee only the oentity of the indivbwi Who Vgned the ooeurneht to na liihn 9 Wh,Ch Ihis CYrIilKele�e e1leUleo.eM the trumh,lness ecclrM.or Vak*W or pled or T Signature that document �t� Subscribed and sworn to before me this day of i I 201 . NOTARY PUBLIC 115i, OJf I" LI m NOTARY SEAL 1 ELISA BETH LIM i y Commraa�on No. 2281937 NOi RY oUOLIGCXKom$"p11ei1 "a ,y Sw 9ERNMpep L0lMv Mr Cantu E.,.,.MMICM 21 707] i C-9 JURAT A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate Is attached and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino Subscribed and sworn to (or affirmed) before me on this 14th day of April 2021 by John Wong proved to me on the basis of satisfactory evidence to be the person(s) who appeared loaf",eme. ELISA BETH LIM Elrsa Beth LrrvNotary,Public Comnni"Pon No 2281937 -�, Npi,�rry eUeLic CALiFORMN Signature sAR aEa"JUloaro couuTv (Seal) !*; L .. twI C. E•w.•roan*It.Xn ♦ OPTIONAL INFORMATION INSTRUCTIONS "Tie waong of as Jaars complefed in Cailfumi ader January 7, 2015 no be in the brm as set brth wnn(its Ara rhere are no,exaephons II a Arai to be conlowed does not follow this form toe notary must conwi the verbage by using a N'af stamp coreahmg the coned wordrg a allwhrg a sepwale post Frm such as this one with obes tartan the proper waong In addition the notary must require an oath a DESCRIPTION OF THE ATTACHED DOCUMENT aRrmabon Iran the document signer regadng the a fli of de contends of the City Of Huntington Beach Ocumem The douvhere must be signed AF TER the oath a elM1'melgn If the otoC~ was pras+ousry signed E oust be re-sqW in front N the notary pubk dump the Aral (Toth a Emapbm of adxlte**Darner!) process Bidder's Information Page C-9 • State and county information must be the state and county where the (rife or desoOW of WAO"d document wnlnuld) Document signerlsl personally appeared before the notary pubic • Date of notanzation must be the dale the signer(s) personally appeared which must also be the same dale the ryrat process is completed Number of Pages Document Date • Print the namets)of the document sgnerts)who personalty appear at the time of notanzation • Signature of the notary pudic must match the signature on file with the Admtanal of r Lion office of the county clerk • The notary seal impression must be clear and photographically reproducible Impression must not cover text or lines If seal impression smudges re-seal it a sufficient area permits olhe s;e complete a different prral form 4 Additional information Is not required but could help to ensure this ryrat is not misused or attached to a different document o Indicate title or type of attached document number of pages and date • Securely attach this document to the signed document with a Staple NOTARY CERTIFICATE Subscribed and sworn to before me this �1 day of nol 2021. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of Cnl,�Ct 11'^ ) County of 610 VrrfrcArC ) On AQ o 1L ?(? I before me, K40 tw Month, bay,and Year ` Insert Name and Title of Notary personally appeared 1 ,1h volt N s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a'(is/* subscribed to the within instrument and acknowledged to me that he/06!J 6 executed the same in hisVr/i it authorized capacity(W91, and that by his/lpfht W(r signatureVon the instrument the person(s'S or the entity upon behalf of which the persona 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. ELISA BETH LIM WITNESS my hand and official seal. `' CONW aeon No. 2281937 NGTM YftWjeG V400vm ' �, %���ioeourtT , W Comm E�pr1MRCN it :�7 Signature Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-10 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of underground signal conduit, and the installation of fiber optic cable for communication. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1 City of Glendale 633 E. Broadway,Glendale,CA 91206 Name and Address of Public Agency Name and Telephone No. of Project Manager: Sarkis Oganesyan 818-548-3945 $I 908 408 TmtTic Signal Modification and Installation 5.301,019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. City of Palm Springs 320 East Tahquitz Canyon Way Palm Strings CA 92262 — Name and Address of Public Agency Name and Telephone No. of Project Manager: _Mike I.ytar 760-9024861 $4 464.857 Tmffic Signals 6 10 2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. City of Diamond Bar 21810 Coplcy Drive Diamond Ba CA 91765 Name and Address of Public Agency Name and Telephone No. of Project Manager: Chnstian Malpica 909-839-7042 5418 975 TmfTic Signals and Fib cr Optics 4 9 2018 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-11 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager,and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. T. B D Name of proposed Project Manager Telephone No. of proposed Project Manager: 909-993-5470 City of Diamond Bar $41 R 975 Traffic Signal and Fiber Onr 9/9/2018 Project Name&Contract Amount Type of Work Date Completed City of Glendale SI 90g 408 Traffic Signal Modification and Installation 51W2019 Project Name&Contract Amount Type of Work Date Completed Cny of Palm Spnng, S4 464.N57 Traffic Signals 6/30.2019 Project Name & Contract Amount Type of Work Date Completed z Ralph Antuna Name of proposed Superintendent Telephone No. of proposed Superintendent: 909-993-5470 City of Irvine S875 693 Traffic Signals and Fiber Opti.o 11 302018 Project Name& Contract Amount Type of Work Date Completed City of Huntington Ucach $320 055 Traffic Signals and Fiber Optics 9 101019 - Project Name&Contract Amount Type of Work Date Completed Citv of Palm Dow $605 349 Traffic Signals and Fiber Optics 3/200010 Project Name&Contract Amount Type of Work Date Completed C-12 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July I through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is 5300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/Public Works/SB854FactShect_6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir.ca.govfP W CR/ActionServiet?action=displayP WCRegisftationForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on,be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Elecnor Belco Electric. Inc. Contractor John Won B Llicicni Title Date: April 14,2021 PWC Registration#: ..........l000004xoa C-13 Contractor Information Registration History Effective Date Expiration Date Legal Entity Name ELECNOR BELCO ELECTRIC,INC. 06/13/18 06/30/19 Legal Entity Type Corporation 05/24/17 06/30/18 Status 06/01/16 06/30/17 Active Registration Number 06/04/15 W30/16 1000004804 Registration effective date 01/06115 06f30/15 07/01/19 Registration expiration date 07/01/19 06/30/22 06/30/22 Mailing Address 14320 ALBERS WAY CHINO 91710 CA United St... Physical Address 14320 ALBERS WAY CHINO 91710 CA United St... Email Address rwilks®eleonor.com Trade Name/DBA License Number(s) CSLB:738518 Legal Entity Information Corporation Entity Number: C1982436 President Name: ALBERTO GARCIA Agency for Service: Agent of Service Name: ROGER DEVITO 14320 ALBERS WAY CHINO 91710 CA United States of America Worker's Compensation Do you lease employees through Professional Employer Organization (PEO)?: No Insured by Carrier Policy Holder Name: ELECNOR BELCO ELECTRIC, INC HARTFORD FIRE INSURANCE COMPANY 10 WEA AA6VQ6 11/01/18 11/01/19 Document A310 TM - 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (Name.legal status and addresr) (Name,legal status and principal Place r jburinecs) Fidelity and Deposit Company of Maryland Elecnor Belco Electric, Inc. 1299 Zurich Way, 5th Floor This document has Important 14320 Albers Way Schaumburg, IL 60196-1056 legal consequences.Consultation Chino,CA 91710 Mailing Address for Notices with an attorney Is encouraged 1299Zurich Way, 5th Floor Wth respect to its completion or OWNER: Schaumburg, IL 60196-1056 modification. (Manic.legal srnna and address) Any singular reference to City Of Huntington Beach Contractor,Surety,Oancr or Y 9 other party shall be considered 2000 Main Street plural where applicable. Huntington Beach,CA 92648 BOND AMOUNT: 10% Ten Percent of Amount Bid PROJECT: (Name,lormlon or oddress nrulProjectnumber,ttrmnj Fiber Optics Communications for Downtown Fiber Optic Communications-C.C. No. 1621 The Contractor and Surcty arc bound to the Osvncr in the amount set forth above,for the payment of which the Contractor and Surety bind themselves.their heirs,executors,administrators,successors and amigns,joinilyand severally,as provided herein.The conditions of Ibis Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period mi may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Otvner in accordance with the tenses of such bid,mid gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the I'mjat and otheroise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosectmion thereof'or(2)pays to the Owner the difference,not to exceed Elie amount or this Bond,between the amount specified in said bid and such larger amount for ichich the Owner may in good faith contract with another n pony to periba the work covered by said hid,then thisr obligation shall be null and void,otherwise to remain in full lose and cll'ect.The Surety hereby%vaivcs any notice al all agreement bellween lire 0%vnCr and Contractor in extend[lie time in%vhich(lie nw'ncr liras"accept the bid.Waiver()[,notice by the.Surety lliall not apply to any CSICaSilln CNceedmg titxty((0)days in Elie aggregate bepoid the tithe ftr acceptance of bids sfccilicd in die bid do:uiocnh,and Zile 0%Ter and Contractor Shall obtain IhC SUrcty�s consent Itlr on C\ICIl11t111 bCy'llad sixty(60)days. If this Bond is issued in connection with n subcontractors bid to n Contractor,Elie temn Contractor in this Bond shall be decnned to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with u stmulury or otlwr legal requirement in the location nl the Project,any provision in this Bond conflicting With said Stahunry or Icgol rcquircnicnl shall tic deemed deleted hercliunn and provisions confirming to such .Statutory or olhcr legal requirement shall be deemed incorporated herein.When so furnished,the intent is hint this Bond shall be construed as a statutory bond and not as a common law'hand. Signed and sealed this 7th day of April, 2021. Elecnor Belco Electric. Inc. (Principal) (Seal) (11'innssJ B : .'.)A') 1 l�atu AA'' Fi edityL De it Company of Maryland tff'i1nc-vJ1 Holly Buffam ( (ftr)Donna M Planeta Attorney-in-Fact S• S-00541As 8110 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of San Bernardino } On April 14, 2021 before me, Elisa Beth Lim, Notary Public (Here aaenname anaaaemmeo Imn personally appeared John Wong who proved to me on the basis of satisfactory evidence to be the person(s) whose name(6) Is re subscribed to the within instrument and acknowledged to me that ( She/they executed the same in Is er/their authorized capacity(ies), and that by (Esher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ELISA BETH LIM c; S hand and official seal. � :gym: ,a commission No. 2281937 NOTARY PUBLIC-CALIFORNIA SAN BERNARDINO COUNTY I{ M My Comm E,IsinF MARCH 21.Z073 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California situates regarding notary warding and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the dociarear ,4ckoewledgmenij from other states may be completed for documents being sent to that state so tang its the warding does not require the California notary to violate California notary City of Huntington Beach Bid Bond (Title car description of attached document) • Slate and County information must be the State and County whore the document signcr(s)personally appeared before the notary public for acknowledgment. (Title a description of anached document Lrondnued) • Date of notarization most be the data that the signer(s)personally appeared which must also be the game date the acknowledgment is completed. • The notary public must print his or her name as it appmrs within his or her Number of Pages_Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signers) who personally appear at the time of notnriation. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. Wshenhw , is later)or circling the correct fors.Failure to eomecily indicate this ❑ Individual (s) information may lead to rejwum of document recording. ❑ Corporate Officer e The notary seal impression mug be clear and photographically reproducible. Impression must not cover text or line. If seal impression smudges,re-seal if a (Title) sufficient area perils,otherwise complete a different acknowledgment Conn. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Indicate tide or type of attached document,number of pages and date. ❑ Other Indicate[he capacity claimed by the signer, If the claimed capacity is a corporate officer.indicate the title(i.e.CEO,CFO,Secretary). www.NolaryClasses.com 800-873-9865 Securely attach this document to the signed document with a staple. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Connecticut State of mac County of Hartford ) On April 7,2021 before me, Bryan Caneschi, Notary Public (insert name and title of the officer) personally appeared Donna M Planeta 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. BRYAN CANESCHI NOTARY PUBLIC- CT 182475 My Commission Expires Hui..30,2025 Signature �" (Seal) Notary Public Bond Number Bid Bond Obligee City of Huntington Beach ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICI I AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute, and appoint Donna M Planeta , its we and lawful agent and Attorney-in-Fact, to make,execute, seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes,a;if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in livings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is awe copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vicc-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 19th day of June,A.D.2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND waant! �6AL By: Robert D.Murray �O Vice President aIML ,�GG>`� I3 f BY: Dawn E.Brown 1i0 .f r Secreiary State of Maryland County of Baltimore On this 19th day of Junc, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly swum,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the mid Corporate Seals and the signature as such officer were duly affixed and subscribed to the mid instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,1 have hereunto set my hand and affixed my Official Sal the day and year first above written. �;oynurtrr>1°i3 �Np . Q.C1..awq.J 4C°ODU'•�y+ Constance A.Dunn,Notary Public ''•.,�'6+;y;yj,>t�F My Commission Expifes:July 9,2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Auomevs-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint atiomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V.Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the I Sth day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,1 have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 7th day of Anril 2021 Brian M.Hodges,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.renortsfclaims(a zurichna.com 800-626A577 G�.V OF H(syr� N L n CITY CLERp' r-1 N � J O Z U � � a � to N W R V i N 0 m V w Q ca H u O " 4-1 c V 7 c v m E w C m EO 0. = 0 p 0 U H -, u O T N c fl Z f' O c O o 2 6 ti N m LU � N O N J a Q ui 3 i Ul O O_ Q N l n O C2 m VO > o L �aom A' 0 .°'n °' vai Z W L Li w a Q m E 0 u W Q .`r. 0 O cc m m a RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH IOU INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Cl e k DATE: SUBJECT: Bond Acceptance �I I have received the bonds for ��ECiyUi�e� �C0 /7L%�. IA-r (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) p Performance Bond No. 2 3o QK��� Payment Bond (Labor and Materials) Bond No. 9--3�f0 6 Warranty or Maintenance Bond No. TRACT AND DEVELOPMENT Faithful Performance Bond No. Labor and Material Bond No. Guarantee and Warranty Bond No. Monument Bond No. Franchise Bond No. Letter of Credit Bond No. Other Re: Tract No. Approved (Council Approval Date) CC No. Agenda Item No. MSC No. City Clerk Vault No. Other No. SIRE System ID No. giforms/bond transmittal to treasurer Bond No. 9380614 Premium: $2,160.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as'Citn has, by written agreement daled May 17 2021, entered into a contract with Elecnor Belco Electric, Inc. 14320 Albers Way, Chino CA 91710 (name and address of Contractor) (hereinafter referred to as'Principal').for performance of the work described as follows: Downtown Fiber Optic Communications from City Hall to Pier Plaza,CC-1621 (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively 'Contract'), are incorporated herein by this reference made a part hereof as though set forth herein in full;and Said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt,full and faithful performance of said Contract, by a duty admitted surety insurer under the laws of the State of California(hereinafter referred to as'Surety*);and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies,such as from A.M.Best,Moody's,or Standard& Poofs,to validate that Surety has positive ratings of being secure or Stable; and Surety is registered and listed with the California Department of Insurance, NOW,THEREFORE,we,the undersigned,as Principal,and Fidelity and Deposit Company of Maryland 1299 ZURICH WAY 5TH FLOOR SCHAUMBURG IL 60196- 1056 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of Six Hundred Twenty Six Thousand Four Hundred Fifty One and 00/100 Dollars($ 626 451.00 ),this amount being not less than one hundred percent of the price set forth in the Contract,in lawful money of the United States,for the payment of which sum,well and truly to be made, we bind ourselves,our heirs,executors,administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly,fully and faithfully perform each and all of the covenants,obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as said contract may be altered,amended or modified from time to time;and if the Principal shall indemnify and save harmless City and all of City's officers,agents and employees(hereinafter collectively referred to as"Obligees")fromany and all losses,liability and damages, claims,judgments, stop notices,fees and costs of every description,whether imposed by law or in equity, which may be incurred by the Obligees by reason of the failure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract,including all alterations,amendments and modifications thereto, and any warranties or guarantees required thereunder,then this obligation shall be void;otherwise, it shall be and shall remain in full force and effect. Surety stipulates and agrees,for value received, that no adjustment of the time or price in the Contract or any alteration,change, deletion,addition or other modification to the Contract,or the work to be performed thereunder,shall in any way affect,limit, restrict,impair or release the obligations of the Surety under this Bond. Surety waives notice of any adjustment of contract or contract price, and any other alteration,change, deletion,addition of other modification to the Contract,or the work to be performed thereunder,and agrees 15 4584/117174 Bond No. 9380614 to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations,changes, deletions,additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code§§2845 and 2649. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF,each party represents and warrants that this instrument has been duly executed by Principal and Surety,on the date set forth below,that the name of each corporate parry being affixed hereto is such party s proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety,by execution of this bond,waives any defense which Surety has or may have by reason of any failure of the Principal to execute or property execute this bond. Dated: June 1 2021 ATTEST Elecnor Belco Electric, Inc. (Corporcte Seal) (Pr'ndpat Name) 1 By: Name:_ Title: C, I, ATTEST Fidelity and Deposit Company of Maryland (:orporate Seal) (Surety Name) �'{/ �^/ By: `ttiL Name: Kath7DPryor, 110rne -in-Fact Signatt hre of Attorney-in-Fact for Surety) (Attach Attorney-in Fact Certificate) 9�4D 605-6000 (Area Code 8 Telephone Number for Surety) APPROVED AS TO FORM: Y: - ,'Michael E.Gates,City Attorney n rl.�r Nate: This bond must be executed in duplicate and dated.all signatures must be nofanzed,and evidence of the authority of any person signing as attorney-in-fact must be attached. PERFORMANCE BOND Page 2 of 2 154584/117174 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of San Bernardino } On 6/4/21 before me, Rebecca Wilks, Notary Public (HGe wM nano,sees nut of Ire ofimq personally appeared Jeroni Gervilla who proved to me on the basis of satisfactory evidence to be the person(s-) whose name(s) Is re subscribed to the within instrument and acknowledged to me that the/they executed the same in Is er/their authorized capacity(ies), and that by (Esher/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. REBECCA N•ILNS ESS my hand and official seal. 0in Netar;PU•olir Carlornia San getn21nO Country Commission v 230042.I My Conm,rspces sag S.2021 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION f srrzLJcnoNs FOR co�t(aLEn`U THIS ro d f his farm campliu with nu'rrry('nfi(tnno s!n/nres reym din$nomm.... inK node DESCRIPTION OF THE ATTACHED DOCUMENT (needed.should be cumplewd nnd n«ached to the docnurcnt.Acknou'1,Jgmana from other stunt map be completed for docnmenrs being.ew to that stet,so long /tit,heuotding does not regnire the Cobfm+Jnnotan'toIiolnteCnlifntnirtnormr Huntington Beachpeformancebond (Idle W description o(aflached do meni) • State and County infonnntion must be the State and County where the doemoent siamen(s)personally oppeamd before the nutty public for oeknowladgment. • Due of oowrnntion nest be the daze thin the nignerii)personally appeared which (TNe or description ma of attached docurnl continued) tmu y also be the sate date the aclnlo,it,,s nrnt e,completed. • The rotary public nntsl print his or her namo ns it appei o within his or bee Number of Pages Document Date m mnission folluwctl by a comml and then your title(nomry public). • Print the natne(a) of document signs(s) who personally appear at the time of notiniz tiou. CAPACITY CLAIMED BY THE SIGNER • tndi,mr, to amect singular or plural forma by anasing ntT incrnrect forms(i.e. hei,he4heyr i,s fate)or circling the eu,=forms.Failure to coerced,indicate this ❑ Individual (s) iormouniou may Iced to rej etiou ofdrcunent meortling. ❑ Corporate Officer • ]le notary seal imptessiou ens[ be Ocn, and p1mmsraphically repnxlucible. lugneuinn must riot corer test or lines. If seal impression snmadges. rc-seal if a (Title) sufficient nrca rennits,olhcru'ise complete.,difl'cro a aeknowl Ylgmeni form. ❑ Partner(s) • Signature of the notmy public must mareh the sienuirme on file wish the office of the county clerk. ❑ Attorney-in-Fact �ddomnrl infonnntion is not required bill could help to ensure this ❑ Trustee(s) eknuwledgmenl is nos misused or winched ton different doenmonl. Other Indicate title nr type of attached doeumad,number of pages and dart. ❑ Indicate the capacity claimed by the signer. if the claimed capacity is a coryur.Lle olLcu.indicate the tide(i.e.CEO,CFO.Seerelnry). .rvw NW3r/Clatise5 rem;^.GG87:1-0cii5 Securely nnach this dxunent to to sinned document widt o steple. NOTARY ACKNONVLEDGMENT OF SURETY: State of Conn CeUCUt County of Hartford ss. On this the tst dayof ,tune 20 21 , before mc, Bryan Caneschi , the undersigned officer, personally appeared Kathryn Pryor , known to me (or satisfactorily proven) to be the person whose name is subscribed as Attorney-In-Fact for Fidelity and Deposit Company of Maryland . and acknowledged that s/he executed the same as the act of his/her principal for the purposes therein contained. In witness whereof I hereunto set my hand. Signature of Notary Public Date Commission Expires: November 30, 2025 Brvan Caneschi Printed Name of Notary BRYAN CANESCHI NOTARY PUBLIC- CT 182475 My Commission Expires Nov. 30,2025 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SCIRF:1'Y COMPANY' FIDELI"IY AND Dli l'OSI'I'CONtI'ANY'OF MARY'LAND POWER O F A"I-I'O RN F-Y' KNOW ALL MEN BY THESIi PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New fork.the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY.a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MAR)LAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Robert D.Murrn',Vice President, in pursuance of authority granted by Article V.Section R,of the lay-Laws of said Companies,",Inch arc set forth on the reverse side hcrcoland are hereby certified to be in full force and effect on the done hereof.do hereby nominate,constitute. and appoint Donna M. PLANE FA,Bcthmq SI'EVENSON,Joshua SAN'FORD.Aimee R. PF.RON'DINE, Bryan M. CANESCIII, Alexis R.APOSI'OLIDIS,Michelle Anne MCMAHON. Rebecca M.STEVENSON, Brendan W. FLETCH ER,Cassandra BAEZ, Jacqueline It.SUSCO—lance N'RICH 1,Kathryn PRYOR,Nicholas TURECA;MO, Phillip \I.KNOWER of Hartford.Connecticut, EACIL its true and lawful agent and Attorney-in-Fact.to make,execute,seal and dclicer. Ion,and on its behalf as surely.and as its act and deed: any and all bonds and undertakings,and the caccution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes.as if they had been duty executed and acknowledged by the regularly elected officers of the ZURICH AvIERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected otLcem of COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at itsoflice in Owings Mills,Maryland-and the regularly elected officers;of the FIDELITY AND DEPOSIT COMPANY OF;MARYLAND al its office in Owings\fills. Maryland.,in their Own proper Persons. The said Vice President does hereby cenify that the extract set forth on the reverse side hereof is a true copy of Article V,Section S,of the By-Laws of said Companies.and is now in force. IN WITNESS WHEREOF. the said Vice-President has I1Q'Cn1110 subscribed hisr'hcr names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY. COLONIAL. :ApI1iRICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND.this 22ND day of December.A.D.2020. JF54 L XI-1 EST: ZURICII AMERICA.N 1N'SIIR,\N'CE COMPANY COLD;ALAI.,\]IEILIC,\NC\SII,\I:I\'ANDS11REIN COMPANY l Fu>et.rrr nsD nErosrf coMPnxY oF>Inu VLnNu BY: Robert D.Murray Vice President Bar Dann E. Brown .Secrerary State of Man'land County of Baltimore On this 22nd day of Dmnnbe,, A.D.20'0, before the subscriber,a Nolan'Public of the State of Maryl.nd.dud,commissioned and qualified,Robert D,\I array.\'ice IW,idrut and Dawn E.Brown,Secretan of the Companies.to me personally known to be the indniduals and of ccis described in and who executed the preceding instrumem.,cod acknowledged the execution of some and being b)'me duly swum,dcposcth and saith,that hdshc is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corpora nc Seals of said Companies.and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the mahnrity and direction of the said Corporations. IN TF.STINIONY WHEREOF.I have hereunto set my hand and affned my Official Sent thr day and year first above written. Constance A.Dunn,Notan'Public Autherticih'of this bond can be runftrtne(1°ii'hondvalidator.Zurichoa.coni or 410-559-8790 NIy Commission li.�pims:July 9.2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V. Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President.or any Executive Vice President or Vice President may. by %,',men instrument under the attested corporate seal. appoint attomcys-in-face wide authority to execute bonds, policies. recoenizanccs, stipulations, undertakings, or other like instruments on behalf of the Company- and may authorize any officer or any such attomcy-in-fact to affix the corporate seal thereto:and may with or without cause modifiN of revoke any such appointment or authority at any lime." CERTIFICATE I, the undersigned. Vice President of the ZUKICIi AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. do hereby certify that the foregoing Power of Auomcy is still in full force and effect on the date of this certificate: and I do funiter certify that Article V.Section 8,of the By-Laws of the Companies is still in force. '['his Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the Uth day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney.-Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on Elie Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May. 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY Oh MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: 'That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President. Secretary, or Assistant Secretary of the Company.%%hethcr made heretofore or hereafter.wherever appearing upon a certified copy of any power of attorney issued by the Company.shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,1 haye hereunto subscribed my name and affixed the corporate seals of the said Companies. this 1st day of June 2021 _O bP . r� � By: Brian M.Hodges Vice President TO REPORT A CLAENI WITII REGARD TO A SURETY BOND, PI-EASE SUBAI FF A COMPLETE DESCRI PTTON OF THE CLAINI INCLUDING "I'llf, PRINCIPAL ON TIIF. BOND."I-IlE BOND NU:\IBEN.AND YOUR CONTACT INFORNIATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg. lL 60196-I056 w-ww.renorisfc lai ms(Ziizu rich na.com 800-626-4577 Authenlicih of this bond can be confirmed at bontivalidator.zurichnn.enni or 410-5.59-8790 Bond No.9380614 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beacn(hereafter referred to as"City") has awarded to Elecnor Belco Electric, Inc. 14320 Albers Way,Chino,CA 91710 (name and address of Contractor) (hereinafter referred to as'Principal"),a contract('Contract`)for the work described as follows Downtown Fiber Optic Communications from City Hall to Pier Plaza, CC-1621 (Project Title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the payment of claims of laborers,mechanics,materialmen, and other persons as provided by law, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as 'Surety'): and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitation, as shown in said circular to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies, such as from A.M. Best,Moody's or Standard 8 Pools,to validate that Surety has positive ratings of being secure or stable:and Surety is registered and listed with the California Department of Insurance. NOW THEREFORE,we,the undersigned Principal,and Fidelity and Deposit Company of Maryland 1299 ZURICH WAY,5TH FLOOR, SCHAUMBURG, IL 60196- 1056 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of Six Hundred Twenty Six Thousand Four Hundred Fifty One and 00/100 dollars($ 62 ,451.00 ),this amount being not less than one hundred percent(100%)of the total price set forth in the Contract,in lawful money of the United States of America,for the payment of which sum,well and truly to be made,we bind ourselves,and each of our heirs, executors,administrators,successors,and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the Principal, his,her,or its heirs, executors, administrators,successors or assigns,or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code('Claimants)for all labor,materials or services used or reasonably required for use in performance of the work described in the Contract,or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant,or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775. 1813 or 1815 of the Labor Code,or any amounts required to be deducted,withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract,Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee In an amount fixed by the court. PAYMENT BOND Page I of 2 1545841117357 Surety stipulates and agrees,for value received,that no change,extension of time,alteration, addition or modification to the terms of the Contract,or any contract document or any work to be performed thereunder,whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, extension of time,alteration,addition,or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code§§ 2845 and 2849. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety,on the date set forth below,that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety,by execution of this bond,waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: June 1, 2021 ATTEST Elecnor Belco Electric, Inc. I .l (Corporate Seal) (P ncipal Name) By: Nar.0 Title: J ATTEST Fidelity and Deposit Company of Maryland (Corporate Seal) (Surety Name) By: �J Name: Kathry ryor,AIfbrney-in-Fact (Signatuie of Atorney-in-Fact for Surely) (Attach Attorney-in-Fac(Certificate) _L7)6056000 (Area Code H Telephone Numbei for Surely) APPROVED AS TO FORM: A1ichael E.Gates;CityAnorney �2ljp�]J�f Note: This bond must be executed in duplicate and dated,eff signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. PAYMENT BOND Page 2 of 2 15-45641117357 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of San Bernardino } On 6/4/21 before me, Rebecca Wilks, Notary Public Inert wen rtvne am cue',cne araeert - personally appeared Jeroni Gervilla who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is re subscribed to the within instrument and acknowledged to me that the/they executed the same in Is er/their authorized capacity(ies), and that by is er/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 m hand and official seal. '° y REBECCA wILKS - :� }d•_ Notary Public California ro San Bernardino Counf/ Commission a 2700424 `Y Comm.Er pups A,;q B. 202) Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRIJcrH_)NS FOR CpMPL.E-1INO TEAS F016I TMp"of.complie4enzh rnrrem('nljondn amturu.egnrding normy>,rndi,:g rand, DESCRIPTION OF THE ATTACHED DOCUMENT foecded.ihn:ddheeumpletednndntmchedrt.tire docwnent..9cknew'ledgmentr from ooher.ctmes mo) be compki,d for'doeumenra being aanu m rhor stnm.rn long Huntington Beach payment bond rrr the..ording does not require the('alifnrnin notnm'to,iolnte('nhfo"io nelcoy 9 P Y l,n.'. (Tide or desodplpn of attached document) - State and County info oration must Ix the State and('ounty where tic document signe-r(s)personally appeared before(h<nolary public for ocknoMedgment. • Date of nnerizatma oust he the date that the signcgs)Ie,smmlly apporcd which (Title a desctipdon of ahached document continued) nova at o be tie scone d:nc me ncknoisIcdgmcnt is compleed. - The notary public must print his or her name it, it appears within his or her Number of Pages Document Date commissiom follmvcd by it comma and th„your tide outary public). • print the unme(s) of drnumnn signcl{S) mho personally appear at the tine of notnrizaliun. CAPACITY CLAIMED BY THE SIGNER • Indicate do correct singular.n plural forms by crossing off incorrect forms(i.c. hcNhdd,y-. is + )or circling Inc correct forms.Fnih c to correctly indicate this ❑ Individual (s) infbnn:uion...ay lead to rejection ofd.wunen[recording. ❑ Corporate Officer - Tle notary scaf intprrssion tnus, be clear and photogniphically rcpnrducible. Itnin lion must not cover text or lines. If seal inhptrssion sn udgcs, m-seal if a (Title) suf icicni area permits,ut cromc complete a Aiffercni acknuwlalgmem Conn. ❑ Partner(s) • %Snatoao of the owiny public must ma cb file signatwe on file with[hc otfioc of the coann,clerk. ❑ Attorney-in-Fact �dditinnal into,nnatiun is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or anavhcrl to a different docunhcnt. Other Indicate title or type of attached docunhcnt,number of parrs and date. ❑ Indicate the capociry claimed by the signer. 1f the claimed capnci[y is a co,ponuc oticcr.indicate the title fix.CEO,CFO.Se"cla '). �',yv,Nolfi�ClaaSeS coin BGC A/}gg(,5 Securely attach this dtKmncnt to the sinned docutncnt%vidt a staple. NO'I'A121' ACKNONVLEDGMEN"I' OF SURETY: State of Conn CClieU[ County of Hartford ss. On this the 1st day of ,rune 20 21 , before me, Bryan Caneschi , the undersigned officer, personally appeared Kathryn Pryor . known to me (or satisfactorily proven) to be the person whose name is subscribed as Attorney-In-Fact for Fidelity and Deposit Company of Maryland , and acknowledged that s/he executed the same as the act of his/her principal for the putPoscs therein contained. In witness whereof I hereunto set my hand. Signature of Notary Public Date Commission Expires: November 30, 202� Bryan Caneschi Printed Name of Notary BRYAN CANESCHI NOTARPPGBLLC- CT 182475 My Commission Evpires Nov.30,2025 ZURICH ANIERICAN INSUR:ANCF-COMPANY COLONIAL AMERICAN CASUAI:IY'AND SURETY COMPANY F-IUELI'lYAND DEPOsrrconu'ANY oF,MARYL,AND POW EIR OF A I-FORNEY KNOW ALL MEN BY TIIESE PRESENTS:That the ZURICH ANIERICAN INSURANCE COMPANY.a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinuis,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively'called the"Companies").by Robert D.Nlurra-v.Vice President.in pursuance of authority granted by Article V.Section S.of the By-Laws of said Companies,which are set forth on the reverse side hereol'and arc hereby cenified to be in full force:met effect on the date hereof.do hereby nominate,constitute. and appoint Donna M. PLA\'ETA, Bethany STEVENSON.Joshua SANFORD,Aimee R. PERONIIIN'E, Bryan M.C:ANE5CIII. Alexis It.APOSTOLIDIS,Michelle Anne NICYIAHON, Rebecca NI.STEVENSON,Brendan W. FLE'lCHER.Cassandra BAEZ. Jacqueline It.SUSCO,dune,WRIG11'1'. Kathr)'n PRIOR,Nicholas I URECAMO,Phillip M. KNOWER of Hartford,Connecticut. EACIL its true and lawful agent and Attouncy-in-Fact.to make,execute.seal and deliver. for,and on its behalf as surety',and as its act and deed: um and all bonds and undertakinis,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies.as Odle and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in Nets}ork,New York..the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its of ice in Owings Mills Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY Oh MARYLAND at its olticc in Owings Mills. Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set tomb on the reverse side hereof is a true copy of Article V.Section S,of the By-Laws of said Companies.and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his+her names and affixed the Curpor lc Seals of the said ZURICII :AMERICAN INSURANCE COMPANY. COLONIAL AMERICA:N CASUAIAY AND SIIREFI' COMPANY, and FIDELI'Il'AND DEPOSIT COMPANY OF MARYLAND,this 22ND day of December.A.D. 2020. ' Lr����.•v.- a rral.• OM@b �z =J\ A 1_I 1.51 ZURICH AMFRIC iAN INSURANCE COMPANY COLONIALAMERICANCASUAL:)YANDSUREIVCOMPANY /� rmELrry,AND nFPOSff COMPANYOFMARI'LAND iv BY Roherif)-tfwrar Iwe Previdenl _�;«<:•>,. r ;,,mot:.`- . BY Daum F. Brm,n Secretnt) State of Marty land Count'of Baltimore On this'22nd it.,,of D,"mhr, A.D.20'0, before the s.b,c6b,,,u Notary Public ol'thc Slate of Klan land.duly commissioned and qualified,Robert 1).Murray, A"ice President and Dassn E.Boma.Secretar, of the Companie,to me pemonalh'known to be the individuals and olLccn described is and who esecuwd the preeeding infmmmnt, and ucknu, Weed the execu Mon of same,and being by me duly swam,dcpoxcth and said,that hehhc is the said uDieer of the Company aforesaid,and that dm seals affixed to the preceding inswmem art the Corporate Seals of said Companies.and that the said Corporam Seals and the signature as such officer wvm duty affixed and suhscrihed to the said instmnmm by the authority mid directinn of the said Corporations. IN TESTIMONY WilEREOF.I ha,e hemunto scl my hand:md:d'Gxcd in, Of ml Sc:d the day and vcar lint aM,ve wrilwr. ptp:` Consmncc A.Dunn.Notary Public Authenticity of this bond can be confirineJ:i f'tiondvolidator.rurichna,con) or 410-559-8790 NI) (:ummission Expires:Juh'9.2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8,Auomevs-in-Fact. The Chief Executimr Officer,the ['resident,ur any Exettitis-e Vice President or Vice President may, by written instrument under the attested corporate sea], appoint attorneys-in-fact with authority to cxcnrtc bonds, Policies, rccugniz=ccs. stipulations. undertakings. or other like instruments on behalf of the Company, and may authorize mmy officer or any such anontcv-in-fact to affix the corporate seal thereto:and may with or without cause modify of revoke any such appointment or authority at any tinme." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY. the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT CO`IPANY OF M ARYLAND. do hereby certih' that the foregoing Power of Atmmey is still in full Puree and effect nn the date of this certificate: and I do further certify that Aricle V. Section J,of the By-taws of the Companies is still in force. This Power of Attorney and Certificate may be signed by faCSllnde under and by authority of the Billowing resolution of the Board of Dirmors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: 'That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on anv Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board or Directors of the COLONIAL A\IERICAN CASUALTY AND SURETY COMPANI' at a meeting duly called and held on the 51h day of May. 1994. and the following resolution of the Board of Directors of the FIDELI1 Y AND DEPOSIT COMPANY Oh MARYLAND al a meeting duly called and held on the 10th day .of May. 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Sccrctap', or Assistant Secretary of me Company,whether made heretofore or hereafter. wherever appearing upon a certified cop),orally power of attorney issued by the Company.shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF.I have hereunto subscribed my name and affixed the corporate seals of the said Companies. this 1st day of June �2021- R 'p liv: Brian M. Budges Vice President TO REPORT A CLAIM WI I'll RFGARD TO A SURETY BOND, PLEASE' SUBMIT A C'O.MPLE'TE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIP AL ON TIIF BOND,"rilr- BOND NUMBER.AND YOUR CON-PACT INFORMATION -10: Zurich Surely Claims 1299 Zurich Nay Schaumburg. IL 60196-1056 wwsv.i eporisfclairnsflnzurichna.com 800-626-4577 Authenticity of this bond can be cu'r,frmed at ban dyal idatu r.zu rich na.co in or 4I0-559-8790 Disclosure Statement ZURICH NOTICE OF DISCLOSURE FOR AGENT& BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit: http:/Iwww,zurichnaproducercompensation.com or call the following toll-free number: (866)903-1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U-GU e 7 a A Cw (06111) Page 1 of 1 6l9/2021 Company Profile Elm COMPANY PROFILE Company Profile Company Search Company Information Company Search Results FIDELITY AND DEPOSIT COMPANY OF MARYLAND Company 1299 ZURICH WAY Information SCHAUMBURG, IL 60196 Old Company 800-382-2150 Names Agent for Service Old Company Names Effective Date Reference Information NAIC Group List Agent For Service Lines of Business Melissa DeKoven Workers' 2710 Gateway Oaks Drive, Suite 150N Compensation Sacramento CA 95833-3505 Complaint and Request forReference Information Action/Appeals Contact Information Financial Statements NAIL u: 39306 PDF's Annual Statements California Company ID #: 2479-4 Quarterly Date Authorized in California: 01/01/1982 Statements Company Complaint License Status: UNLIMITED-NORMAL Company Company Type: Property &Casualty Performance & Comparison Data State of Domicile: ILLINOIS Company Enforcement Action Composite back to top Complaints Studies Additional Info NAIC Group List Find A Company Representative In Your Area NAIC Group #: 0212 ZURICH INS GRP View Financial Disclaimer 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 CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY https:/finteracti ve.web.insurance.ca.gov/companyprofile/companyprofile?eve nt=tom pa ny P rofil a&do Fu ncbo n=ge tCo m pany Profi l e&eid=6217 112 6/9/2021 Company Profile TEAM AND VEHICLE WORKERS' COMPENSATION back to top cD 2008 California Department of Insurance https://interactive.weh.insurance.ca.gov/companyprofile/companyprofile?event=companyProfileBdoFunction=getCompanyProfile&eid=6217 212 6/9/2021 Surety Bonds-List of Certified Companies UV)I )k.( r\L, VVvY I V IV I VI ' IV[IV JJVVV. PHONE: (507) 455-5200. UNDERWRITING LIMITATION b/: $373,825,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Minnesota. Fidelity and Deposit Company of Maryland (NAIC #39306) BUSINESS ADDRESS: 1299 ZURICH WAY, 5TH FLOOR, SCHAUMBURG, IL 60196 - 1056. PHONE: (847) 605-6000. UNDERWRITING LIMITATION b/: $28,150,000, SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, GU, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MP, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VA, VI, WA, WV, WI, WY. INCORPORATED IN: Illinois. FIDELITY AND GUARANTY INSURANCE COMPANY (NAIC #35386) BUSINESS ADDRESS: One Tower Square, Hartford, CT 06183. PHONE: (860) 277-0111. UNDERWRITING LIMITATION b/: $1,856,000. SURETY LICENSES c,f/: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY. INCORPORATED IN: Iowa. Fidelity and Guaranty Insurance Underwriters, Inc. (NAIC #25879) BUSINESS ADDRESS: One Tower Square, Hartford, CT 06183. PHONE: (860) 277-0111. https://w .fiscal.treasury.gov/surety-bondsiiist- ertifiedcompanies.htmI#f 31/92 Page 1 of 2 O GATE(NMIDomyy) A�O CERTIFICATE OF LIABILITY INSURANCE 05/27/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. 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 flou of such endorsements . PRODUCER NO CONTACT Willis Tovors Watson Cortificata Canter Willie Tovors Watson Northeast, Ine. c/o 26 Century Blvd -E4eA1-g17-945-7378 �p� No); 1 88H-467-2378 P.O. no. 305191 A.WRE , cortificatenewillia.com Northville, TH 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC0 INSURER A: Hartford Undorvritora Insurance Coopany 30104 INSURED INSURER B; Hartford Pit. Inaarant. Ccepany 19682 El.. Bslro Electrin, Tnc. 14320 Albera Hay INSURERC: Navigators Insutanos Ceepany 42307 Chin, CA 91710 INSURER D: Markel Insurance Cocpany 38970 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W21051521 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE. INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL Tic- TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REUUCED BY PAID CLAIMS. M5R TYPE OF INSURANCE IN SP ma POLICY NUMBER Pwooff FF POLICY EXP LIMITS X COMMERCB.LGENERALLLIBILITY EACHOCCURRENCE $ 1,000,000 _ CLAMS MADE O OCCUR Al 5 100,000 A MED UP one 1erson f 10,000 Y Y 10 UEA 11FIA71 11/01/2020 11/01/2021 1,000,000 PERSONAL6ADV PiJU1tY f GENL AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE f 2,000,000 JEC7POLICY E]PRO- 1-CC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: S AUTOMOBILELIARILRY CCAIBIN DSINGLE LIMIT S 1,000,000 (Ea WAIdOnt) X ANY AUTO BODILY IWURY(P.Pont.) S e X OWNED SCHEDULED Y Y IOUMHF1837 11/01/2020 11/01/2021 BOO¢Y INJURY(per ecdeent) S ALTOS ONLY AUTOS HIRED NONOWNED PROPERTYDAMAGE $ AUTOS ONLY _ AUTOS ONLY IN,he5uen 5 C UMBRELLA LIAR X OCCUR EACH OCCURRENCE S 5,000,000 — X EXCESS LIA6 CLAIMS MADE 1920¢%C918906IV 11/01/2020 11/01/2021 AGGREGATE j 5,000,000 DED I RETENTION 05,000,000 Part or 5 10,000,0DO WORKERS COMPENSATION X I PER DIN. AND EMPLOYERS' YIN IJAOILITY STATUTE E ANYPROPMET01WARTNER/EXECUTIVE E.L.EACH ACCIDENT 5 ER 1,000,000 OffICERIMEMBFAEXCLUDED7 NIA Y 30 WEA AA6v06 I1/DI/2020 11/01/2021 (MenG(on In NH) EL DISEASE.EA EMPLOYEE $ 1,000,000 II yac,dmalte ewe 1,000,000 OE 9CRIPTIONOFOPERATIONSbohbo E.L.DISEASE-POLICY LIMIT $ ➢ lExcon. Liability e0LLH1EUE100437 11/01/2020 il/01/2021 $5,000,000 part of $10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Addltl omi Ramses schedule.may M attached If Mora space Is wpulrod) Traffic Signal Modifications at Warner Avenue and Grahas, Street, Warner Avenue and Nicholas lane and arookhurst Street and Indianapolis Avenue - CC 1548, 150 6 1625 The City, its officers, elected or appointed officials, otaployOeet, agents and volunteers (the "Additionally Insured Parties") are inoludod as Additional Insureds art respects to General Liability and Auto Liability. APP VE AS TO FORM CERTIFICATE HOLDER CANCELLATION V ,tL•11CHAIA E.GATES SHOULD ANY OF THE ABOVE DESCRIB� Ij4iCELLED BEFORE THE EXPIRATION DATE THEREP(f11+�NgTI(§N�1 Iy qt pI BEIAVfRED IN ACCORDANCE WITH THE POLICY P VISIO 5. City of Huntington Beach Public Works Departoont AUTHORIZED REPRESENTATIVE 2000 Mein street �� Huntington Dosch, CA 92648 0 1 988-2016 ACORD CORPORATION. All rights resarvod. ACORD 25(201 W03) The ACORD name and logo are registered marks of ACORD ea 10: 21143753 —cN: 2109085 AGENCY CUSTOMER ID: LOC N: A� ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Ina.T.loetria, Willie Towers Watson Northeast, Inc. Eleanor R.I.1s320 Altars Nay POLICY NUMBER Chino, CA 91710 Sea Pago 1 CARRIER NMC CODE See Page 1 Sao Page 1 EFPECIIVEDATE: Be. Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: �5 FORM TITLE: Certificate of Liability Inauranca General Liability and Auto Liability policies shall be Primary, and Non-contributory with any other insurance in force for or which niay be purchased by Additional insureds. Waiver of Subrogation applies in favor of City with reopecta to General Liability, Auto Liability and Workers Compensation as permitted by law. ACORD 101 (2008101) 02008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 21143753 BATCH: 2109085 CYRT: W21051521 POLICY NUMBER: 10 UCA M'1471 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - OPTION I This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Designated Project(s) Or Location(s) Or Or anizatlon s : Of Covered O erations: City of. Huntington beach, its officers, elected and appointed officials, employees, agents and volunteers Information required to complete this Schedule if not shown above will be shown in the Declarations. A. With respect to those person(s) or organization(s) (3) In connection with "your work" for the shown in the Schedule above when you have additional insured at the project(s) or agreed in a written contract or written agreement location(s) designated in the Schedule to provide insurance such as is afforded under this and included within the "products- policy to them, Subparagraph f., Any Other completed operations hazard", but only if: Party, under the Additional Insureds When (a) The written contract or written Required By Written Contract, Written agreement requires you to provide Agreement Or Permit Paragraph of Section II — such coverage to such additional Who Is An Insured Is replaced with the following: insured at the project(s) or location(s) f. Any Other Party designated in the Schedule; and Any other person or organization who is not (b) This Coverage Part provides an insured under Paragraphs a. through e. coverage for "bodily injury" or above, but only with respect to liability for "property damage" Included within the "bodily injury", "property damage" or"personal "products-completed operations and advertising injury" caused, in whole or in hazard". part, by your acts or omissions or the acts or The insurance afforded to the additional omissions of those acting on your behalf: insured shown in the Schedule applies: (1) In the performance of your ongoing (1) Only if the "bodily injury" or 'property operations for such additional insured at damage" occurs, or the 'personal and the project(s) or location(s) designated in advertising injury" offense is committed: the Schedule; (a) During the policy period; and (2) In connection with your promises owned (b) Subsequent tothe execution a such by or rented to you and shown in the written contract or written agreement; Schedule; or and Form HS 24 80 07 13 Page 1 of 2 © 2013, The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission.) (c) Prior to the expiration of the period of When You Add Others As An Additional time that the written contract or written Insured To This Insurance agreement requires such insurance (a) Primary Insurance When Required By be provided to the additional insured. Contract (2) Only to the extent permitted by law; and This insurance is primary if you have agreed (3) Will not be broader than that which you in a written contract or written agreement that are required by the written contract or this insurance be primary. If other insurance written agreement to provide for such is also primary, we will share with all that additional insured. other insurance by the method described in With respect to the insurance afforded to the Paragraph (c) below. This insurance does not parson(s)or organization(s) that are additional apply to other insurance to which the insureds under this endorsement, the additional insured in the Schedule has been following additional exclusion applies: added as an additional Insured. This insurance does not apply to "bodily (b) Primary And Non-Contributory To Other injury", "property damage" or 'personal and Insurance When Required By Contract advertising injury" arising out of the rendering This insurance is primary to and will not seek of, or the failure to render, any professional contribution from any other insurance architectural, engineering or surveying available to an additional insured under your services, including: policy provided that: (1) The preparing, approving, or falling to (1) The additional insured in the Schedule Is prepare or approve maps, shop drawings, a Named Insured under such other opinions, reports, surveys, field orders, insurance; and change orders, designs or specifications; (i1) You have agreed in a written contract or or written agreement that this insurance (2) Supervisory, inspection, architectural or would be primary and would not seek engineering activities, contribution from any other insurance The limits of insurance that apply to the additional available to the additional insured in the insured shown in the Schedule are described in the Schedule. Limits Of Insurance section. (c) Method Of Sharing How this insurance applies when other insurance is If all of the other insurance permits available to the additional insured is described in the contribution by equal shares, we will follow Other Insurance Condition in Section IV — this method also. Under this approach, each Commercial General Liability Conditions,except as insurer contributes equal amounts until it has otherwise amended below. paid its applicable limit of insurance or none of B. With respect to insurance provided to the the loss remains, whichever comes first. person(s) or organization(s) that are additional If any of the other insurance does not permit insureds under this endorsement, the When You contribution by equal shares, we will Add Others As An Additional Insured To This contribute by limits. Under this method, each Insurance subparagraph, under the Other insurer's share is based on the ratio of its Insurance Condition of Section IV— Commercial applicable limit of insurance to the total General Liability Conditions is replaced with the applicable limits of insurance of all insurers. following: All other terms and conditions in the policy remain unchanged. Page 2 of 2 Form HS 24 80 07 13 I COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. 1 The 'bodily injury" or"property dams e" is P P Y 9 O Y 1 Y" 9 I Read the entire policy carefully to determine rights, caused by an "occurrence" that takes duties and what Is and is not covered. place in the "coverage territory'; Throughout this policy the words "you" and "your" (2) The "bodily Injury" or "property damage" refer to the Named Insured shown in the occurs during the policy period; and Declarations, and any other person or organization (3) Prior to the policy period, no insured listed qualifying as a Named Insured under this policy. The under Paragraph 1. of Section II — Who Is words "we", "us" and "our" refer to the stock An Insured and no "employee" authorized Insurance company member of The Hartford by you to give or receive notice of an providing this insurance. "occurrence" or claim, knew that the The word "insured" means any person or "bodily injury" or "property damage" had organization qualifying as such under Section II — occurred, in whole or in part. If such a Who Is An Insured. listed insured or authorized "employee" Other words and phrases that appear in quotation knew, prior to the policy period, that the marks have special meaning. Refer to Section V — "bodily injury" or "property damage" Definitions. occurred, then any continuation, change SECTION I— COVERAGES or resumption of such "bodily injury" or property damage" during or after the COVERAGE A BODILY INJURY AND PROPERTY policy period will be deemed to have been DAMAGE LIABILITY known prior to the policy period. 1. Insuring Agreement c. "Bodily injury" or "property damage' will be a. We will pay those sums that the insured deemed to have been known to have becomes legally obligated to pay as damages occurred at the earliest time when any because of "bodily injury" or "property insured listed under Paragraph 1. of Section II damage" to which this Insurance applies. We — Who Is An Insured or any "employee" will have the right and duty to defend the authorized by you to give or receive notice of insured against any "suit" seeking those an "occurrence"or claim: damages. However, we will have no duty to (1) Reports all, or any part, of the "bodily defend the insured against any "suit" seeking injury" or "property damage" to us or any damages for "bodily injury" or "property other insurer; damage" to which this insurance does not (2) Receives a written or verbal demand or apply. We may, at our discretion, investigate claim for damages because of the "bodily any"occurrence"and settle any claim or"suit" injury"or"property damage"; or that may result;. But: (1) The amount we will pay for damages is (3) Becomes aware by any other means that limited as described In Section III — Limits "bodily injury" or "property damage" has Of Insurance; and occurred or has begun to occur. d. Damages because of "bodily injury' include (2) Our right and duty to defend ends when damages claimed we have used up the applicable Ilmit of any person or insurance in the payment of judgments or organization far cars,, loss of services or settlements under Coverages A or B or death resulting at any time from the "bodily injury". medical expenses under Coverage C. e. Incidental Medical Malpractice And Good No other obligation or liability to pay sums or Samaritan Coverage perform acts or services is covered unless explicitly provided for under Supplementary Bodily injury" arising out of the rendering of Payments—Coverages A and B. or failure to render the following health care b. This insurance applies to "bodily injury" and services by any "employee" or "volunteer "property damage"only if: worker" shall be deemed to be caused by an occurrence"for: HG 00 01 09 16 Page 1 of 21 Policy No. 10 UEA HF1471 ©2016 The Hartford (Includes copyrighted material of Insurance Services Office, Inc.with its permission.) (1) Professional health care services such as: (a) Liability to such party for, or for the (a) Medical, surgical, dental, laboratory, x- cost of, that party's defense has also ray or nursing services or treatment, been assumed in the same `insured advice or instruction, or the related contract", and furnishing of food or beverages; (b) Such attorney fees and litigation (b) Any health or therapeutic service, expenses are for defense of that party treatment, advice or instruction; or against a civil or alternative dispute (c) The furnishing or dispensing of drugs resolution proceeding in which damages to which this insurance or medical, dental, or surgical supplies l a or appliances; or applies are alleged. (2) First aid services, which include: c. Liquor Liability (a) Cardiopulmonary resuscitation, "Bodily injury" "properly damage" for which whether performed manually or with a any insured mayy be held liable by reason of: defibrillator; or (1) Causing or contributing to the intoxication (b) Services performed as a Good of any person; Samaritan. (2) The furnishing of alcoholic beverages to a For the purpose of determining the limits of person under the legal drinking age or insurance, any act or omission together with under the influence of alcohol; or all related acts or omissions in the furnishing (3) Any statute, ordinance or regulation of these services to any one person will be relating to the sale, gift, distribution or use considered one "occurrence". of alcoholic beverages. However, this Incidental Medical Malpractice This exclusion applies even if the claims And Good Samaritan Coverage provision against any Insured allege negligence or applies only if you are not engaged in the other wrongdoing in: business or occupation of providing any of the (a) The supervision, hiring, employment, services described in this provision. training or monitoring of others by that 2. Exclusions insured; or This insurance does not apply to: (b) Providing or failing to provide a. Expected Or Intended Injury transportation with respect to any person that may be under the influence "Bodily injury" or "property damage" expected of alcohol; or intended from the standpoint of the if the "occurrence" which caused the "bodily insured. This exclusion does not apply to injury' or "property damage", involved that "bodily injury" or "property damage" resulting which is described in Paragraph (1), (2) or(3) from the use of reasonable force to protect above. persons or property. b. Contractual Liability However, this exclusion applies only if you are in the business of manufacturing, "Bodily injury" or "property damage" for which distributing, selling, serving or furnishing the insured is obligated to pay damages by alcoholic beverages. For the purposes of this reason of the assumption of liability in a exclusion, permitting a person to bring contract or agreement. This exclusion does alcoholic beverages on your premises, for not apply to liability for damages: consumption on your premises, whether or (1) That the Insured would have in the not a fee is charged or a license Is required absence of the contract or agreement;or for such activity, is not by itself considered the (2) Assumed In a contract or agreement that business of selling, serving or furnishing is an "insured contract", provided the alcoholic beverages. "bodily Injury" or "property damage" d. Workers' Compensation And Similar Laws occurs subsequent to the execution of the Any obligation of the insured under a workers' contract or agreement. Solely for the compensation, disability benefits or purposes of liability assumed in an unemployment compensation law or any "insured contract", reasonable attorney similar law. fees and necessary litigation expenses e. Employer's Liability incurred by or for a party other than an insured are deemed to be damages Bodily injury to: because of "bodily injury" or "property (1) An "employee" of the insured arising out of damage", provided: and in the course of: Page 2 of 21 HG 00 01 09 16 (a) Employment by the insured;or the handling, storage, disposal, (b) Performing duties related to the processing or treatment of waste; conduct of the insured's business; or (c) Which are or were at any time (2) The spouse, child, parent, brother or sister transported, handled, stored, treated, of that "employee" as a consequence of disposed of, or processed as waste by Paragraph (1) above. or for: This exclusion applies: (i) Any insured; or (1) Whether the Insured may be liable as an (it) Any person or organization for i employer or in any other capacity; and whom you may be legally responsible; ; (2) To any obligation to share damages with or repay someone else who must pay (d) At or from any premises, site or damages because of the injury. location on which any insured or any contractors or subcontractors working This exclusion does not apply to liability assumed b the insured under an "insured directly re indirectly on any insuf the y behalf are performing operations if the contract". "pollutants" are brought on or to the f. Pollution premises, site or location in connection (1) "Bodily injury' or "property damage" with such operations by such Insured, arising out of the actual, alleged or contractor or subcontractor. However, threatened discharge, dispersal, seepage, this subparagraph does not apply to: migration, release or escape of (1) "Bodily injury'or"property damage" "pollutants": arising out of the escape of fuels, (a) At or from any premises, site or lubricants or other operating fluids location which is or was at any time which are needed to perform the owned or occupied by, or rented or normal electrical, hydraulic or loaned to, any Insured. However, this mechanical functions necessary for subparagraph does not apply to: the operation of"mobile equipment" or its parts, if such fuels, lubricants (I) "Bodily injury" if sustained within a building and caused by smoke, from other operating fluids escape fumes, vapor or soot produced by from vehicle part designed to s or originating from equipment that hold, store or receive them. This is used to heat, cool or dehumidify exception does not apply if the "bodily injury" or "property damage) the building, or equipment that is arises out of the intentional used to heat water for personal discharge, dispersal or sof use, by the building's occupants or release the fuels, lubricants or other their guests; operating fluids, or if such fuels, (if) "Bodily injury"or'property damage" lubricants or other operating fluids for which you may be held liable, if are brought on or to the premises, you are a contractor and the owner site or location with the intent that or lessee of such premises, site or they be discharged, dispersed or location has been added to your released as part of the operations policy as an additional insured with being performed by such insured, respect to your ongoing operations contractor or subcontractor; performed for that additional II "Bodilyinjury" "property dame e" insured at that premises, site or ( ) I y" or lf sustained within a building and location and such premises, site or caused r vapors from materials the release of gases, location Is not and never was bumps p owned or occupied by, or rented or brought into that building in loaned to, any insured, other than that additional insured; or connection with operations behalf performed by you or on your behalf (Ili) "Bodily injury" or "property damage" by a contractor or subcontractor; or arising out of heat, smoke or fumes (lii) "Bodily Injury" or"property damage" from a"hostile fire"; arising out of heat, smoke or fumes (b) At or from any premises, site or from a "hostile fire"; or location which Is or was at any time (e) At or from any premises, site or used by or for any insured or others for location on which any insured or any contractors or subcontractors working HG 00 01 09 16 Page 3 of 21 directly or indirectly on any insured's to, premises you own or rent, provided the behalf are performing operations if the "auto" is not owned by or rented or loaned operations are to test for, monitor, to you or the insured; clean up, remove, contain, treat, (4) Liability assumed under any "insured detoxify or neutralize, or in any way contract" for the ownership, maintenance respond to, or assess the effects of, or use of aircraft or watercraft; "pollutants (2) Any loss, cost or expense arising out of (5) "Bodily injury' or "property damage" arising out of: any: (a) The operation of machinery or (a) Request, demand, order or statutory or equipment that is attached to, or part regulatory requirement that any of, a land vehicle that would qualify Insured or others test for, monitor, under the definition of "mobile clean up, remove, contain, treat, equipment" if It were not subject to a detoxify or neutralize, or in any way compulsory or financial responsibility respond to, or assess the effects of, law or other motor vehicle Insurance "pollutants"; or law where It is licensed or principally (b) Claim or suit by or on behalf of a garaged; or governmental authority for damages (b) The operation of any of the machinery because of testing for, monitoring, or equipment listed in Paragraph f.(2) cleaning up, removing, contalning, or f.(3) or the definition of "mobile treating, detoxifying or neutralizing, or equipment"; or In any way responding to, or assessing the effects of, "pollutants". (6) An aircraft that is not owned by any insured and is hired, chartered or loaned However, this paragraph does not apply to with a paid crew. However, this exception liability for damages because of "property does not apply if the insured has any other damage" that the insured would have in insurance for such "bodily injury" or the absence of such request, demand, "properly damage", whether the other order or statutory or regulatory insurance is primary, excess, contingent requirement, or such claim or "suit" by or or on any other basis. on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft h. Mobile Equipment " 'Bodily injury' or "property damage" arising Bodily Injury" or "properly damage" arising out of: out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or (1) The transportation of "mobile equipment" watercraft owned or operated by or rented or by an "auto" owned or operated by or loaned to any insured. Use includes operation rented or loaned to any insured; or and "loading or unloading". (2) The use of"mobile equipment" in, or while This exclusion applies even if the claims in practice for, or while being prepared for, against any insured allege negligence or any prearranged racing, speed, other wrongdoing in the supervision, hiring, demolition, or stunting activity. employment, training or monitoring of others I. War by that insured, if the "occurrence" which "Bodily Injury" or "property damage", however caused the "bodily injury" or "properly caused, arising, directly or indirectly, out of: damage" involved the ownership, maintenance, use or entrustment to others of (1) War, including undeclared or civil war; any aircraft, "auto" or watercraft that is owned (2) Warlike action by a military force, including or operated by or rented or loaned to any action in hindering or defending against an insured. actual or expected attack, by any This exclusion does not apply to: government, sovereign or other authority (1) A watercraft while ashore on premises you offing military personnel or other agents; own or rent; (3) Insurrection, rebellion, revolution, usurped (2) A watercraft you do not own that is: power, or action taken by governmental (a) Less than 51 feet long; and authority in hindering or defending against (b) Not being used to carry persons for a any of these. charge; j. Damage To Property (3) Parking an "auto" on, or on the ways next "Property damage"to: Page 4 of 21 HG 00 01 09 16 i (1) Property you own, rent, or occupy, This exclusion does not apply If the damaged including any costs or expenses incurred work or the work out of which lho damage by you, or any other person, organization arises was performed on your behalf by a or entity, for repair, replacement, subcontractor. enhancement, restoration or maintenance m. Damage To Impaired Property Or Property of such property for any reason, including Not Physically Injured prevention of injury to a person or damage to another's property; "property damage" to "impaired property" or 2 Premises you sell, give away or abandon, property that has not been physically injured, ( ) y 9 y arising out of: If the "property damage" arises out of any part of those premises; (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or (3) Property loaned to you; "your work";or (4) Personal property in the care, custody or (2) A delay or failure by you or anyone acting control of the insured; on your behalf to perform a contract or (5) That particular part of real property on agreement in accordance with its terms. which you or any contractors or This exclusion does not apply to the loss of subcontractors use of other property arising out of sudden working directly or indirectly on your behalf and accidental physical injury to "your are performing operations, If the "property product" or "your work" after it has been put damage" arises out of those operations; or to its intended use. (6) That particular part of any property that n. Recall Of Products, Work Or Impaired must be restored, repaired or replaced Property because "your work" was incorrectly performed on it. Damages claimed for any loss, cost or expense incurred by you or others for the loss Paragraphs (1), (3) and (4) of this exclusion of use, withdrawal, recall, inspection, repair, do not apply to "property damage" (other than replacement, adjustment, removal or disposal damage by fire) to premises, including the of: contents of such premises, rented to you for a (1) "Your product"; period of seven or fewer consecutive days. A separate limit of insurance applies to Damage (2) "Your work"; or To Premises Rented To You as described in (3) "Impaired property"; Section III—Limits Of Insurance. if such product, work, or property is withdrawn Paragraph (2) of this exclusion does not apply or recalled from the market or from use by if the premises are "your work" and were any person or organization because of a never occupied, rented or held for rental by known or suspected defect, deficiency, you. Inadequacy or dangerous condition In it. Paragraphs (3) and (4) of this exclusion do o. Personal And Advertising Injury not apply to "property damage" arising from the use of elevators. "Bodily injury' arising out of "personal and advertising injury". Paragraphs (3), (4), (5) and (6) of this p, Access or Disclosure Of Confidential Or exclusion do not apply liability assumed Personal Information And Data-related under a sidetrack agreemee nt Liability Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed Damages arising out of: equipment while not being used to perform (1) Any access to or disclosure of any operations at the job site. person's or organization's confidential or Paragraph (6)of this exclusion does not apply personal information, including patents, to "property damage" included in the trade secrets, processing methods, "products-completed operations hazard". customer lists, financial information, credit card information, health information or any k. Damage To Your Product other type of nonpublic Information; or "Property damage" to "your product" arising (2) The loss of, loss of use of, damage to, out of It or any part of It, corruption of, inability to access, or I. Damage To Your Work inability to manipulate electronic data. "Property damage" to "your work" arising out This exclusion applies even if damages are of it or any part of It and included in the claimed for notification costs, credit "products-completed operations hazard". monitoring expenses, forensic expenses, HG 00 01 09 16 Page 5 of 21 public relations expenses or any other loss, assess the effects of an "asbestos cost or expense incurred by you or others hazard"; or arising out of that which is described in Paragraph (1) or(2)above. (c) Arise out of any claim suit for damages because of testing ting for, However, unless Paragraph (1) above monitoring, cleaning up, removing, applies, this exclusion does not apply to encapsulating, containing, treating, damages because of"bodily injury". detoxifying or neutralizing or in any As used in this exclusion, electronic data way responding to or assessing the means information, facts or programs stored effects of an "asbestos hazard". as or on, created or used on, or transmitted to s. Recording And Distribution Of Material Or or from computer software, including systems Information In Violation Of Law and applications software, hard or floppy "Bodily injury or "property damage" arising disks, CD-ROMS, tapes, drives, cells, data directly or indirectly out of any action or processing devices or any other media which omission that violates or is alleged to violate: are used with electronically controlled equipment. (1) The Telephone Consumer Protection Act q. Employment-Related Practices (TCPA), including any amendment of or addition to such law; "Bodily injury"to: (2) The CAN-SPAM Act of 2003, including (1) A person arising out of any "employment— any amendment of or addition to such law; related practices"; or (3) The Fair Credit Reporting Act (FCRA), and (2) The spouse, child, parent, brother or sister any amendment of or addition to such law, of that person as a consequence of"bodily including the Fair and Accurate Credit injury" to that person at whom any Transaction Act (FACTA); or "employment-related practices" are (4) Any federal, state or local statute, directed. ordinance or regulation, other than the This exclusion applies: TCPA or CAN-SPAM Act of 2003 or FCRA (1) Whether the injury-causing event and their amendments and additions, that described in the definition of"employment- addresses, prohibits or limits the printing, related practices" occurs before dissemination, disposal, collecting, employment, during employment or after recording, sending, transmitting, employment of that person; communicating or distribution of material (2) Whether the insured may be liable as an or information. employer or in any other capacity; and Damage To Premises Rented To You — Exception For Damage By Fire, Lightning Or (3) To any obligation 10 share damages with Explosion or repay someone else who must pay damages because of the injury. Exclusions c. through h. and J. through n. do not apply to damage by fire, lightning or explosion to r. Asbestos premises while rented to you or temporarily (1) 'Bodily injury" or "property damage" occupied by you with permission of the owner. A arising out of the "asbestos hazard". separate limit of Insurance applies to this (2) Any damages, judgments, settlements, coverage as described in Section III — Limits Of loss, costs or expenses that: Insurance. (a) May be awarded or incurred by reason COVERAGE B PERSONAL AND ADVERTISING of any claim or suit alleging actual or INJURY LIABILITY threatened injury or damage of any 1. Insuring Agreement nature or kind to persons or property a. We will ! which would not have occurred in Pay those sums that the insured whole or in part but for the "asbestos becomes legally obligated to pay as damages hazard"; because of "personal and advertising injury to which this Insurance applies. We will have (b) Arise out of any request, demand, the right and duty to defend the insured order or statutory or regulatory against any "suit" seeking those damages. requirement that any insured or others However, we will have no duty to defend the test for, monitor, clean up, remove, insured against any "suit" seeking damages encapsulate, contain, treat, detoxify or for "personal and advertising injury" to which neutralize or in any way respond to or this insurance does not apply. We may, at our Page 6 of 21 HG 00 01 09 16 discretion, investigate any offense and settle use another's "advertising idea" in your any claim or"suit"that may result. But: "advertisement". (1) The amount we will pay for damages is g. Quality Or Performance Of Goods — limited as described in Section III — Limits Failure To Conform To Statements Of Insurance; and "Personal and advertising injury" arising out of (2) Our right and duty to defend end when we the failure of goods, products or services to have used up the applicable limit of conform with any statement of quality or insurance in the payment of judgments or performance made in your"advertisement". settlements under Coverages A or B or h. Wrong Description Of Prices medical expenses under Coverage C. "Personal and advertising injury"arising out of No other obligation or liability to pay sums or the wrong description of the price of goods, perform acts or services is covered unless products or services. explicitly provided for under Supplementary Payments—Coverages A and B. I. Infringement Of Intellectual Property b. This insurance applies to "personal and Rights advertising Injury' caused by an offense (1) "Personal and advertising injury" arising arising out of your business but only If the out of any actual or alleged infringement offense was committed in the "coverage or violation of any intellectual property territory during the policy period. rights such as copyright, patent, trademark, trade name, trade secret, trade 2. Exclusions dress, service mark or other designation This insurance does not apply to: of origin or authenticity; or a. Knowing Violation Of Rights Of Another (2) Any Injury or damage alleged in any clam "Personal and advertising injury" arising out of or "suit" that also alleges an infringement an offense committed by, at the direction or or violation of any intellectual property with the consent or acquiescence of the right, whether such allegation of insured with the expectation of inflicting infringement or violation is made by you or "personal and advertising Injury". by any other party Involved in the claim or "suit", regardless of whether this b. Material Published With Knowledge Of Falsity insurance would otherwise apply. However, this exclusion does not apply If the "Personal and advertising injury"arising out of only allegation in the claim or "suit" involving oral, written or electronic publication, in any any intellectual property right is limited to: manner, of material, if done by or at the direction of the insured with knowledge of its (1) Infringement, in your"advertisement", of: falsity. (a) Copyright, c. Material Published Prior To Policy Period (b) Slogan; or "Personal and advertising injury" arising out of (c) Title of any literary or artistic work; or oral, written or electronic publication, in any (2) Copying, In your "advertisement", a manner, of material whose first publication person's or organization's "advertising look place before the beginning of the policy idea"or style of"advertisement". period. d. Criminal Acts j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" arising out of "Personal and advertising injury' committed a criminal act committed by or at the direction by an insured whose business is: of the insured. e. Contractual Liability (1) Advertising, broadcasting, publishing or y telecasting; "Personal and advertising injury"for which the (2) Designing or determining content of web insured has assumed liability In a contract or sites for others; or agreement. This exclusion does not apply to liability for damages that the insured would (3) An Internet search, access, content or have In the absence of the contract or service provider. agreement. However, this exclusion does not apply to f. Breach Of Contract Paragraphs a., b. and c. of the definition of Personal and advertisingu arlsin "personal and advertising injury" under the in 1 ry 9 out of a Definitions Section. breach of contract,except an implied contract to HG 00 01 09 16 Page 7 of 21 For the purposes of this exclusion, the placing "Personal and advertising injury" arising out of frames, borders or links, or advertising, for of: You or others anywhere on the Internet, Is not (1) An "advertisement" for others on your web by itself, considered the business of site; advertising, broadcasting, publishing or telecasting. (2) Placing a link to a web site of others on k. Electronic Chatrooms Or Bulletin Boards your web site; (3) Content, including information, sounds, "Personal and advertising injury" arising out of text, graphics, or images from a web site an electronic chalroom or bulletin board the of others displayed within a frame or insured hosts, owns, or over which the border on your web site; or insured exercises control. (4) Computer code, software or programming I. Unauthorized Use Of Another's Name Or used to enable: Product (a) Your web site; or "Personal and advertising injury" arising out of the unauthorized use of another's name or (b) The presentation or functionality of an product in your e-mail address, domain name "advertisement" or other content on or metatags, or any other similar tactics to your web site. mislead another's potential customers. q. Right Of Privacy Created By Statute m. Pollution "Personal and advertising Injury" arising out of "Personal and advertising injury"arising out of the violation of a person's right of privacy the actual, alleged or threatened discharge, created by any state or federal act. dispersal, seepage, migration, release or However, this exclusion does not apply to escape of"pollutants"at any time. liability for damages that the insured would n. Pollution-Related have in the absence of such slate or federal act. Any loss, cost or expense arising out of any: r. Violation Of Anti-Trust law (1) Request, demand, order or statutory or regulatory requirement that any insured or "Personal and advertising injury' arising out of others test for, monitor, clean up, remove, a violation of any anti-trust law. contain, treat, detoxify or neutralize, or in s. Securities any way respond to, or assess the effects "Personal and advertising injury' arising out of of, "pollutants"; or the fluctuation in price or value of any stocks, (2) Claim or suit by or on behalf of a bonds or other securities. governmental authority for damages t. Recording And Distribution Of Material Or because of testing for, monitoring, Information In Violation Of Law cleaning up, removing, containing, treating, detoxifying or neutralizing, or in "Personal and advertising injury" arising any way responding to, or assessing the directly or indirectly out of any action or effects of, "pollutants". omission that violates or is alleged to violate: 0. War (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or "Personal and advertising injury", however addition to such law; caused,arising, directly or indirectly, out of: (2) The CAN-SPAM Act of 2003, including (1) War, including undeclared or civil war; any amendment of or addition to such law; (2) Warlike action by a military force, including (3) The Fair Credit Reporting Act(FCRA), and action in hindering or defending against an any amendment of or addition to such law, actual or expected attack, by any including the Fair and Accurate Credit government, sovereign or other authority Transaction Act (FACTA); or using military personnel or other agents; (4) Any federal, state or local statute, or ordinance or regulation, other than the (3) Insurrection, rebellion, revolution, usurped TCPA or CAN-SPAM Act of 2003 or FCRA power, or action taken by governmental and their amendments and additions, that authority in hindering or defending against addresses, prohibits or limits the printing, any of these. dissemination, disposal, collecting, p. Internet Advertisements And Content Of recording, sending, transmitting, Others communicating or distribution of material or information. Page 8 of 21 HG 00 01 09 16 I u. Employment-Related Practices information or any other type of nonpublic "Personal and advertising injury" to: information. (1) A person arising out of any"employment— This exclusion applies even if damages are related practices"; or claimed for notification costs, credit monitoring expenses, forensic expenses, (2) The spouse, child, parent, brother or sister public relations expenses or any other loss, of that person as a consequence of cost or expense incurred by you or others "personal and advertising injury" to that arising out of any access to or disclosure of person at whom any "employment-related any person's or organization's confidential or practices"are directed. personal information. This exclusion applies: COVERAGE C MEDICAL PAYMENTS (1) Whether the injury-causing event 1. Insuring Agreement described in the definition of"employment- a. We will pay medical expenses as described related practices" occurs before below for "bodily injury" caused by an employment, during employment or after accident: employment of that person; (1) On premises you own or rent; (2) Whether the insured may be liable as an e (2) On ways next to premises you own or employer or in any other capacity; and rent; or (3) To any obligation to share damages with or repay someone else who must pay (3) Because of your operations; damages because of the injury. provided that: v. Asbestos (1) The accident lakes place in the "coverage (1) "Personal and advertising Injury" arising territory" and during the policy period; out of the"asbestos hazard". (2) The expenses are incurred and reported (2) Any damages, judgments, settlements, to us within three years of the date of the loss, costs or expenses that: accident; and (a) May be awarded or Incurred by reason (3) The injured person submits to of any claim or suit alleging actual or examination, at our expense, by threatened injury or damage of any physicians of our choice as often as we nature or kind to persons or property reasonably require. which would not have occurred in b. We will make these payments regardless of whole or in part but for the "asbestos fault. These payments will not exceed the hazard"; applicable limit of insurance. We will pay (b) Arise out of any request, demand, reasonable expenses for: order or statutory or regulatory (1) First aid administered at the time of an requirement that any insured or others accident; lest for, monitor, clean up, remove, (2) Necessary medical, surgical, X-ray and encapsulate, contain, treat, detoxify or dental services, including prosthetic neutralize or in any way respond to or devices; and assess the effects of an "asbestos (3) Necessary ambulance, hospital, hazard"; or professional nursing and funeral services. (c) Arise out of any claim or suit for 2. Exclusions damages because of testing for, monitoring, cleaning up, removing, We will not pay expenses for"bodily Injury': encapsulating, containing, treating, a. Any Insured detoxifying or neutralizing or In any To any insured, except "volunteer workers". way responding to or assessing the effects of an "asbestos hazard". b. Hired Person w. Access Or Disclosure Of Confidential Or To a person hired to do work for or on behalf Personal Information of any insured or a tenant of any insured. "Personal and advertising Injury" arising out of c. Injury On Normally Occupied Premises any access to or disclosure of any person's or To a person injured on that part of premises organization's confidential or personal you own or rent that the person normally Information, including patents, trade secrets, occupies. processing methods, customer lists, financial information, credit card information, health d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of HG DO 01 09 16 Page 9 of 21 any insured, if benefits for the'bodily injury' are party to the "suit", we will defend that indemnitee payable or must be provided under a workers' if all of the following conditions are met: compensation or disability benefits law or a a. The "suit" against the indemnitee seeks similar law. damages for which the insured has assumed e. Athletics Activities the liability of the indemnitee in a contract or To a person injured while practicing, agreement that is an "insured contract"; Instructing or participating in any physical b. This insurance applies to such liability exercises or games, sports, or athletic assumed by the insured; contests. c. The obligation to defend, or the cost of the f. Products-Completed Operations Hazard defense of, that indemnitee, has also been Included within the "products-completed assumed by the insured in the same "insured operations hazard". contract"; g. Coverage A Exclusions d. The allegations in the "suit" and the information we know about the "occurrence" Excluded under Coverage A. are such that no conflict appears to exist SUPPLEMENTARY PAYMENTS — COVERAGES between the interests of the insured and the A AND B interests of the indemnitee; 1. We will pay, with respect to any claim we e. The indemnitee and the insured ask us to investigate or settle, or any "suit" against an conduct and control the defense of that insured we defend: indemnitee against such "suit" and agree that a. All expenses we incur. we can assign the same counsel to defend b. Up to $1,000 for cost of bail bonds required the insured and the indemnitee; and because of accidents or traffic law violations f. The indemnitee: arising out of the use of any vehicle to which (1) Agrees in writing to: the Bodily Injury Liability Coverage applies. (a) Cooperate with us in the investigation, We do not have to furnish these bonds. settlement or defense of the "suit"; c. The cost of appeal bonds or bonds to release (b) Immediately send us copies of any attachments, but only for bond amounts demands, notices, summonses or legal within the applicable limit of insurance. We do papers received in connection with the not have to furnish these bonds. "suit"; d. All reasonable expenses incurred by the (c) Notify any other insurer whose insured at our request to assist us in the coverage is available to the investigation or defense of the claim or "suit", indemnitee; and Including actual loss of earnings up to $500 a day because of time off from work. (d) Cooperate with us with respect to e. All court costs taxed against the insured in coordinating other applicable nsurance available to the indemnitee; the "suit". However, such costs do not and include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses (2) Provides us with written authorization to: of a party taxed to the insured. (a) Obtain records and other information f. Prejudgment interest awarded against the related to the"suit"; and insured on that part of the judgment we pay. If (b) Conduct and control the defense of the we make an offer to pay the applicable limit of indemnitee in such "suit". insurance, we will not pay any prejudgment So long as the above conditions are met, interest based on that period of time after the attorneys' fees incurred by us in the defense of offer. that indemnitee, g. All interest on the full amount of any judgment necessary litigation expenses incurred by us and that accrues after entry of the judgment and necessary litigation expenses incurred by the before we have paid, offered to pay, or indemnitee at our request will be paid as deposited in court the part of the judgment Supplementary Payments. Notwithstanding the that is within the applicable limit of insurance. provisions of Paragraph 2.b.(2) of Section I — These payments will not reduce the limits of Coverage A — Bodily Injury And Property insurance. Damage Liability, such payments will not be deemed to be damages for "bodily injury" and 2. if we defend an insured against a "suit" and an "property damage" and will not reduce the limits indemnitee of the insured is also named as a of insurance. Page 10 of 21 HG 00 01 09 16 Our obligation to defend an insured's indemnitee liability company), to a co-"employee" and to pay for attorneys' fees and necessary while in the course of his or her litigation expenses as Supplementary Payments employment or performing duties ends when: related to the conduct of your a. We have used up the applicable limit of business, or to your other "volunteer insurance in the payment of judgments or workers" while performing duties settlements; or related to the conduct of your b. The conditions set forth above, or the terms of business; the agreement described in Paragraph f. (b) To the spouse, child, parent, brother or above, are no longer met. sister of that co-"employee" or that SECTION II -WHO IS AN INSURED "volunteer worker" as a consequence of Paragraph (1)(a) above; 1. If you are designated in the Declarations as: (c) For which there is any obligation to a. An Individual, you and your spouse are share damages with or repay someone insureds, but only with respect to the conduct else who must pay damages because of a business of which you are the sole of the injury described in Paragraphs owner. (1)(a) or(1)(b) above; or b. A partnership or joint venture, you are an (d) Arising out of his or her providing or insured. Your members, your partners, and failing to provide professional health their spouses are also insureds, but only with care services, respect to the conduct of your business. If you are not in the business of providing c. A limited liability company, you are an professional health care services: insured. Your members are also insureds, but (a) Subparagraphs (1)(a), (1)(b) and (1)(c) only with respect to the conduct of your above do not apply to any "employee" business. Your managers are insureds, but or "volunteer worker" providing first aid only with respect to their duties as your services; and managers. (b) Subparagraph (1) d. An organization other than a partnership,joint venture or limited liability company, you are apply to any nurse,, above does not emergency medical e an insured. Your "executive officers" and youtec to pro id paramedic employed by you to provide such services. directors are insureds, but only with respect to their duties as your officers or directors. Your (2) "Properly damage'to property: stockholders are also insureds, but only with (a) Owned, occupied or used by, respect to their liability as stockholders. (b) Rented to, in the care, custody or e. A trust, you are an insured. Your trustees are control of, or over which physical also insureds, but only with respect to their control is being exercised for any duties as trustees. purpose by 2. Each of the following Is also an insured: you, any of your "employees", "volunteer a. Employees And Volunteer Workers workers", any partner or member (if you are a partnership or joint venture), or any Your "volunteer workers" only while performing duties related to the conduct of member (if you are a limited liability p g company). your business, or your "employees", other than either your"executive officers" (if you are b. Real Estate Manager an organization other than a partnership, joint Any person (other than your "employee" or venture or limited liability company) or your "volunteer worker"), or any organization while managers (if you are a limited liability acting as your real estate manager. company), but only for acts within the scope c. Temporary Custodians Of Your Property of their employment by you or while performing duties related to the conduct of Any person or organization having proper your business. temporary custody of your property if you die, However, none of these "employees" or but only: "volunteer workers"are insureds for: (1) With respect to liability arising out of the (1) "Bodily injury" or "personal and advertising maintenance or use of that property; and injury": (2) Until your legal representative has been (a) To you, to your partners or members (if appointed. you are a partnership or joint venture), d. Legal Representative If You Die to your members (if you are a limited Your legal representative If you die, but only HG 00 01 09 16 Page 11 of 21 with respect to duties as such. That 5. Additional Insureds When Required By representative will have all your rights and Written Contract, Written Agreement Or duties under this Coverage Part. Permit e. Unnamed Subsidiary The following person(s) or organization(s) are an Any subsidiary, and subsidiary thereof, of additional insured when you have agreed, in a yours which is a legally incorporated entity of written contract, written agreement or because of which you own a financial interest of more a permit issued by a state or political subdivision, than 50% of the voting stock on the effective that such person or organization be added as an date of the Coverage Part. additional insured on your policy, provided the injury or damage occurs subsequent to the The insurance afforded herein for any execution of the contract or agreement. subsidiary not named in this Coverage Part as a named insured does not apply to Injury A person or organization is an additional insured or damage with respect to which such insured under this provision only for that period of time Is also a named insured under another policy required by the contract or agreement. or would be a named insured under such However, no such person or organization is an policy but for its termination or the exhaustion insured under this provision if such person or of its limits of insurance. organization is included as an insured by an 3. Newly Acquired Or Formed Organization endorsement issued by us and made a part of Any organization you newly acquire or form, this Coverage Part. other than a partnership, joint venture or limited a. Vendors liability company, and over which you maintain Any person(s) or organization(s) (referred to financial interest of more than 50% of the voting below as vendor), but only with respect to stock, will qualify as a Named Insured if there is "bodily injury" or "property damage" arising no other similar insurance available to that out of"your products" which are distributed or organization. However: sold in the regular course of the vendor's a. Coverage under this provision is afforded only business and only if this Coverage Part until the 1801h day after you acquire or form provides coverage for "bodily injury" or the organization or the end of the policy "property damage" Included within the period, whichever is earlier; "products-completed operations hazard". b. Coverage A does not apply to "bodily injury" (1) The insurance afforded the vendor is or 'property damage" that occurred before subject to the following additional you acquired or formed the organization; and exclusions: c. Coverage B does not apply to "personal and This insurance does not apply to: advertising injury" arising out of an offense (a) "Bodily injury" or "property damage" for committed before you acquired or formed the which the vendor is obligated to pay organization. damages by reason of the assumption 4. Nonowned Watercraft of liability in a contract or agreement. This exclusion does not apply to With respect to watercraft you do not own that is liability for damages that the vendor less than 51 feet long and is not being used to would have in the absence of the carry persons for a charge, any person is an contract or agreement; insured while operating such watercraft with your permission. Any other person or organization (b) Any express warranty unauthorized by responsible for the conduct of such person Is you; also an Insured, but only with respect to liability (c) Any physical or chemical change in the arising out of the operation of the watercraft, and product made intentionally by the only If no other insurance of any kind is available vendor; to that person or organization for this liability. (d) Repackaging, except when unpacked However, no person or organization is an Insured solely for the purpose of inspection, with respect to: demonstration, testing, or the a. "Bodily injury" to a co-"employee" of the substitution of parts under instructions person operating the watercraft; or from the manufacturer, and then b. 'Property damage" to property owned by, repackaged in the original container; rented to, in the charge of or occupied by you (e) Any failure to make such inspections, or the employer of any person who is an adjustments, tests or servicing as the insured under this provision. vendor has agreed to make or normally Page 112 of 21 HG 00 01 09 16 undertakes to make in the usual This insurance does not apply to: course of business, in connection with 1. Any "occurrence" which takes place after the distribution or sale of the products; you cease to lease that and; or (f) Demonstration, installation, servicing 2. Structural alterations, new construction or or repair operations, except such demolition operations performed by or on operations performed at the vendor's behalf of such person or organization. premises in connection with the sale of the product; d. Architects, Engineers Or Surveyors (g) Products which, after distribution or Any architect, engineer, or surveyor, but only sale by you, have been labeled or with respect to liability for "bodily injury", relabeled or used as a container, part "property damage" or "personal and or ingredient of any other thing or advertising injury" caused, in whole or in 'Dart, substance by or for the vendor; or by your acts or omissions or the acts or (h) "Bodily injury" or "property damage" omissions of those acting on your behalf: arising out of the sole negligence of the (1) In connection with your premises; or vendor for Its own acts or omissions or (2) In the performance of your ongoing those of its employees or anyone else operations performed by you or on your acting on its behalf. However, this behalf. exclusion does not apply to: With respect to the insurance afforded these (1) The exceptions contained in Sub- additional insureds, the following additional paragraphs (d) or(f); or exclusion applies: (11) Such inspections, adjustments, This Insurance does not apply to "bodily tests or servicing as the vendor has injury", "property damage" or "personal and agreed to make or normally advertising injury" arising out of the rendering undertakes to make in the usual of or the failure to render any professional course of business, in connection services by or for you, including: with the dislrjbution or sale of the 1. The preparing, approving, or failing to products, prepare or approve, maps, shop drawings, (2) This insurance does not apply to any opinions, reports, surveys, field orders, insured person or organization, from change orders or drawings and whom you have acquired such products, specifications; or or any ingredient, part or container, 2. Supervisory, inspection, architectural or entering into, accompanying or containing engineering activities. such products. This exclusion applies even If the claims b. Lessors Of Equipment against any insured allege negligence or (1) Any person(s) or organization(s) from other wrongdoing in the supervision, hiring, whom you lease equipment; but only with employment, training or monitoring of others respect to their liability for "bodily injury", by that insured, if the "occurrence" which "property damage" or "personal and caused the "bodily injury" or "property advertising injury" caused, in whole or in damage", or the offense which caused the part, by your maintenance, operation or "personal and advertising injury", involved the use of equipment leased to you by such rendering of or the failure to render any person(s)or organization(s). professional services by or for you. (2) With respect to the insurance afforded to e. Permits Issued By State Or Political these additional insureds this insurance Subdivisions does not apply to any "occurrence" which Any state or political subdivision, but only with takes place after the equipment lease respect to operations performed by you or on expires. your behalf for which the state or political c. Lessors Of Land Or Premises subdivision has Issued a permit. Any person or organization from whom you With respect to the insurance afforded these lease land or premises, but only with respect additional insureds, this insurance does not to liability arising out of the ownership, apply to: maintenance or use of that part of the land or (1) "Bodily injury", "property damage" or premises leased to you. "personal and advertising injury" arising With respect to the insurance afforded these out of operations performed for the state additional insureds the following additional or municipality; or exclusions apply: HG 00 01 09 16 Page 13 of 21 (2) "Bodily injury" or "property damage" by that insured, if the "occurrence" which included within the "products-completed caused the "bodily injury' or "property operations hazard". damage", or the offense which caused the f. Any Other Party "personal and advertising injury", involved the rendering of or the failure to render any Any other person or organization who is not professional services by or for you. an additional Insured under Paragraphs a. through e. above, but only with respect to The limits of insurance that apply to additional liability for "bodily injury', "property damage" insureds is described in Section III - Limits Of or"personal and advertising injury' caused, in Insurance. whole or In part, by your acts or omissions or How this Insurance applies when other insurance the acts or omissions of those acting on your is available to the additional insured is described behalf: in the Other Insurance Condition in Section IV - (1) In the performance of your ongoing Commercial General Liability Conditions. operations; No person or organization is an insured with respect (2) In connection with your premises owned to the conduct of any current or past partnership, by or rented to you; or joint venture or limited liability company that is not (3) In connection with "your work" and shown as a Named Insured in the Declarations. included within the "products-completed SECTION III- LIMITS OF INSURANCE operations hazard", but only if 1. The Most We Will Pay (a) The written contract or agreement The Limits of Insurance shown in the requires you to provide such coverage Declarations and the rules below fix the most we to such additional insured; and will pay regardless of the number of: (b) This Coverage Part provides coverage a. Insureds; for"bodily injury' or "property damage" b. Claims made or"suits" brought; or included within the "products- completed operations hazard". c. Persons or organizations making claims or However: bringing "suits". (1) The insurance afforded to such additional 2. General Aggregate Limit insured only applies to the extent The General Aggregate Limit is the most we will permitted by law; and pay for the sum of: (2) If coverage provided to the additional a. Medical expenses under Coverage C; insured is required by a contract or b. Damages under Coverage A. except agreement, the insurance afforded to such damages because of "bodily injury" or additional insured will not be broader than 'property damage" included in the "products- that which you are required by the contract completed operations hazard", and or agreement to provide for such c. Damages under Coverage B. additional insured. 3. Products-Completed Operations Aggregate With respect to the insurance afforded to Limit these additional insureds, this insurance does The Products-Completed Operations Aggregate not apply to: Limit is the most we will pay under Coverage A "Bodily Injury", "property damage" or for damages because of "bodily injury" and "personal and advertising injury" arising out of "property damage" included in the "products- the rendering of, or the failure to render, any completed operations hazard". professional architectural, engineering or surveying services, including: 4. Personal And Advertising Injury Limit (1) The preparing, approving, or falling to Subject to 2. above, the Personal and prepare or approve, maps, shop drawings, Advertising Injury Limit is the most we will pay opinions, reports, surveys, field orders, under Coverage B for the sum of all damages change orders or drawings and because of all "personal and advertising injury' specifications;or sustained by any one person or organization. (2) Supervisory, inspection, architectural or 5. Each Occurrence Limit engineering activities. Subject to 2. or 3. above, whichever applies, the This exclusion applies even if the claims Each Occurrence Limit is the most we will pay for against any Insured allege negligence or the sum of: other wrongdoing in the supervision, hiring, a. Damages under Coverage A; and employment, training or monitoring of others Page 14 of 21 HG 00 01 09 16 i i b. Medical expenses under Coverage C a. Notice Of Occurrence Or Offense because of all "bodily injury' and "property You or any additional insured must see to it damage"arising out of any one "occurrence". that we are notified as soon as practicable of 6. Damage To Premises Rented To You Limit an "occurrence" or an offense which may a To Premises result in a claim. To the extent possible, Subject to 5. above, the Damage notice should include: Rented To You Limit is the most we will pay under Coverage A for damages because of (1) How, when and where the "occurrence" or "property damage',' to any one premises, while offense took place; rented to you, or In the case of damage by lire, (2) The names and addresses of any injured lightning or explosion, while rented to you or persons and witnesses; and temporarily occupied by you with permission of (3) The nature and location of any injury or the owner. damage arising out of the "occurrence" or In the case of damage by fire, lightning or offense. explosion, the Damage to Premises Rented To b. Notice Of Claim You Limit applies to all damage proximately caused by the same event, whether such If a claim is made or "suit" is brought against damage results from fire, lightning or explosion any insured, you or any additional insured or any combination of these. must: 7. Medical Expense Limit (1) Immediately record the specifics of the claim or"suit" and the date received; and Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all (2) Notify us as soon as practicable. medical expenses because of "bodily injury' You or any additional insured must see to it sustained by any one person. that we receive written notice of the claim or 8. How Limits Apply To Additional Insureds "suit"as soon as practicable. If you have agreed in a written contract or written c. Assistance And Cooperation Of The agreement that another person or organization Insured be You and any other involved insured must: added as an additional insured on your policy, (1) Immediately send us copies of any the most we will pay on behalf of such additional demands, notices, summonses or legal insured is the lesser of: papers received in connection with the a. The limits of insurance specified in the written claim or"suit"; contract or written agreement; or (2) Authorize us to obtain records and other b. The Limits of Insurance shown in the information; Declarations. (3) Cooperate with us In the investigation or Such amount shall be a part of and not in settlement of the claim or defense against addition to Limits of Insurance shown in the the"suit'; and Declarations and described in this Section. (4) Assist us, upon our request, in the The Limits of Insurance of this Coverage Part apply enforcement of any right against any person separately to each consecutive annual period and to or organization which may be liable to the any remaining period of less than 12 months, insured because of injury or damage to starting with the beginning of the policy period which this insurance may also apply. shown in the Declarations, unless the policy period d. Obligations At The Insureds Own Cost Is extended after issuance for an additional period of less than 12 months. In that case, the additional No insured will, except at that insured's own period will be deemed part of the last preceding cost, voluntarily make a payment, assume period for purposes of determining the Limits of any obligation, or incur any expense, other Insurance. than for first aid, without our consent. SECTION IV — COMMERCIAL GENERAL a. Additional Insureds Other Insurance LIABILITY CONDITIONS If we cover a claim or "suit" under this 1. Bankruptcy Coverage Part that may also be covered by other insurance available to an additional Bankruptcy Or insolvency of the insured or of the insured, such additional insured must submit insured's estate will not relieve us of our such claim or "suit" to the other insurer for obligations under this Coverage Part. defense and indemnity. 2. Duties In The Event Of Occurrence, Offense, However, this provision does not apply to the Claim Or Suit extent that you have agreed in a written HG 00 0109 16 Page 115 of 21 contract or written agreement that this b. Excess Insurance insurance is primary and non-contributory This Insurance is excess over any of the other with the additional insured's own insurance. insurance, whether primary, excess, f. Knowledge Of An Occurrence, Offense, contingent or on any other basis: Claim Or Suit (1) Your Work Paragraphs a. and b. apply to you or to any That is Fire, Extended Coverage, Builder's additional Insured only when such Risk, Installation Risk or similar coverage "occurrence", offense, claim or"suit" is known for"your work"; to: (1) You or any additional insured that is an (2) Premises Rented To You individual; That is fire, lightning or explosion insurance for premises rented to you or (2) Any partner, if you or the additional temporarily occupied by you with insured is a partnership; permission of the owner; (3) Any manager, if you or the additional (3) Tenant Liability insured is a limited liability company; That is Insurance purchased by you to (4) Any "executive officer" or insurance cover your liability as a tenant for manager, if you or the additional insured is "property damage" to premises rented to a corporation; you or temporarily occupied by you with (5) Any trustee, if you or the additional permission of the owner; insured is a trust; or (4) Aircraft, Auto Or Watercraft (6) Any elected or appointed official, if you or If the loss arises out of the maintenance or the additional insured is a political use of aircraft, "autos" or watercraft to the subdivision or public entity, extent not subject to Exclusion g. of This duty applies separately to you and any Section I — Coverage A — Bodily Injury additional insured. And Property Damage Liability; 3, Legal Action Against Us (5) Property Damage To Borrowed No person or organization has a right under this Equipment Or Use Of Elevators Coverage Part: If the loss arises out of"property damage" a. To join us as a party or otherwise bring us to borrowed equipment or the use of into a "suit" asking for damages from an elevators to the extent not subject to insured; or Exclusion j. of Section I - Coverage A - b. To sue us on this Coverage Part unless all of Bodily Injury And Property Damage Liability; its terms have been fully complied with. (6) When You Are Added As An Additional A person or organization may sue us to recover Insured To Other Insurance on an agreed settlement or on a final judgment against an Insured; but we will not be liable for Any other insurance available to you damages that are not payable under the terms of covering liability for damages arising out this Coverage Part or of the premises or operations, or products that are in excess of the applicable limit of and completed operations, for which you insurance. An agreed settlement means a have been added as an additional insured settlement and release of liability signed by us, by that insurance; or the insured and the claimant or the claimant's (7) When You Add Others As An legal representative. Additional Insured To This Insurance 4. Other Insurance Any other insurance available to an If other valid and collectible insurance is additional insured. available to the insured for a loss we cover under However, the following provisions apply to Coverages A or B of this Coverage Part, our other insurance available to any person or obligations are limited as follows: organization who is an additional insured a. Primary Insurance under this coverage part. This insurance is primary except when b. (a) Primary Insurance When Required below applies. If other insurance is also By Contract primary, we will share with all that other This insurance is primary if you have insurance by the method described in c. agreed in a written contract or written below. agreement that this insurance be primary. If other Insurance is also Page 16 of 21 HG 00 01 09 16 primary, we will share with all that 5. Premium Audit other Insurance by the method a. We will compute all premiums for this described in c. below. Coverage Part in accordance with our rules (b) Primary And Non-Contributory To and rates. Other Insurance When Required By b. Premium shown in this Coverage Part as Contract advance premium is a deposit premium only. If you have agreed in a written At the close of each audit period we will contract, written agreement, or permit compute the earned premium for that period that this insurance is primary and non- and send notice to the first Named Insured, contributory with the additional The due date for audit and retrospective insured's own insurance, this insurance premiums is the date shown as the due date is primary and we will not seek on the bill. If the sum of the advance and contribution from that other insurance. audit premiums paid for the policy period is Paragraphs (a) and (b) do not apply to greater than the earned premium, we will other insurance to which the additional return the excess to the first Named Insured. insured has been added as an additional c. The first Named Insured must keep records of insured. the Information we need for premium When this insurance is excess, we will have computation, and send us copies at such no duly under Coverages A or B to defend times as we may request. the insured against any "suit" if any other 6. Representations insurer has a duty to defend the insured a. When You Accept This Policy against that "suit". If no other insurer defends, we will undertake to do so, but we will be By accepting this policy, you agree: entitled to the insured's rights against all (1) The statements in the Declarations are those other Insurers. accurate and complete; When this insurance is excess over other (2) Those statements are based upon insurance, we will pay only our share of the representations you made to us; and amount of the loss, if any, that exceeds the (3) We have issued this policy in reliance sum of: upon your representations. (1) The total amount that all such other b. Unintentional Failure To Disclose Hazards insurance would pay for the loss In the If unintentionally you should fail to disclose all absence of this insurance; and hazards relating to the conduct of your (2) The total of all deductible and self-insured business that exist at the inception date of amounts under all that other insurance. this Coverage Part, we shall not deny We will share the remaining loss, if any, with coverage under this Coverage Part because any other Insurance that is not described in of such failure. this Excess Insurance provision and was not 7. Separation Of Insureds bought specifically to apply in excess of the Limits of Insurance shown in the Declarations Except with respect the Limits of Insurance, and any rights or duties specifically assigned in of this Coverage Part. this Coverage Part to the first Named Insured, c. Method Of Sharing this insurance applies: If all of the other insurance permits a. As if each Named Insured were the only contribution by equal shares, we will follow Named Insured; and this method also. Under this approach each b. Separately to each insured against whom insurer contributes equal amounts until it has claim is made or"suit"Is brought. paid its applicable limit of insurance or none of the loss remains,whichever comes first. 8. Transfer Of Rights Of Recovery Against If any of the other insurance does not permit Others To Us contribution by equal shares, we will a. Transfer Of Rights Of Recovery contribute by limits. Under this method, each If the insured has rights to recover all or part insurer's share is based on the ratio of its of any payment, including Supplementary applicable limit of insurance to the total Payments, we have made under this applicable limits of insurance of all insurers. Coverage Part, those rights are transferred to us. The insured must do nothing after loss to HG 00 01 09 16 Page 17 of 21 impair them. At our request, the insured will other motor vehicle insurance law where it is bring "suit" or transfer those rights to us and licensed or principally garaged. help us enforce them. However, "auto" does not include "mobile b. Waiver Of Rights Of Recovery (Waiver Of equipment". Subrogation) 5. "Bodily Injury" means physical: If the insured has waived any rights of a. Injury; recovery against any person or organization for all or part of any payment, including b. Sickness; or Supplementary Payments, we have made c. Disease under this Coverage Part, we also waive that sustained by a person and, if arising out of the right, provided the insured waived their rights above, mental anguish or death at any time. of recovery against such person or organization in a contract, agreement or 6. "Coverage territory" moans: permit that was executed prior to the injury or a. The United States of America (including its damage. territories and possessions), Puerto Rico and 9. When We Do Not Renew Canada; If we decide not to renow this Coverage Part, we b. International waters or airspace, but only if will mail or deliver to the first Named Insured the injury or damage occurs in the course of shown in the Declarations written notice of the travel or transportation between any places nonrenewal not less than 30 days before the included in a. above; or expiration date. c. All other parts of the world if the injury or If notice is mailed, proof of mailing will be damage arises out of: sufficient proof of notice. (1) Goods or products made or sold by you in SECTION V— DEFINITIONS the territory described in a, above; 1. "Advertisement" means the widespread public (2) The activities of a person whose home is dissemination of information or images that has in the territory described in a. above, but is the purpose of inducing the sale of goods, away for a short time on your business; or products or services through: (3) "Personal and advertising injury" offenses a. (1) Radio; that take place through the Internet or similar electronic means of communication (2) Television; provided the insured's responsibility to pay (3) Billboard; damages is determined in the United States of (4) Magazine; America (inducing its territories and possessions), (5) Newspaper; or Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory or b. Any other publication that is given widespread in a settlement we agree to. public distribution. 7, "Employee" includes a "leased worker". However, "advertisement"does not include: "Employee" does not include a "temporary a. The design, printed material, information or worker". images contained in, on or upon the g. "Employment-Related Practices" means: packaging or labeling of any goods or products; or a. Refusal to employ that person; b. An interactive conversation between or b. Termination of that person's employment; or among persons through a computer network. c. Employment-related practices, policies, acts 2. "Advertising Idea" means any idea for an or omissions, such as coercion, demotion, "advertisement". evaluation, reassignment, discipline, defamation, harassment, humiliation, 3. "Asbestos hazard" means an exposure or discrimination or malicious prosecution threat of exposure to the actual or alleged directed at that person. properties of asbestos and includes the mere presence of asbestos in any form. 9. "Executive officer" means a person holding any of the officer positions created by your charter, 4. "Auto" means: constitution, by-laws or any other similar a. A land motor vehicle, trailer or semitrailer governing document. designed for travel on public roads, including 10."Hostile fire" means one which becomes any attached machinery or equipment; or uncontrollable or breaks out from where it was b. Any other land vehicle that is subject to a Intended to be. compulsory or financial responsibility law or Page 18 of 21 HG 00 01 09 16 11."Impaired property" means tangible property, (a) Preparing, approving, or falling to other than "your product" or "your work", that prepare or approve, maps, shop cannot be used or is less useful because: drawings, opinions, reports, surveys, a. It incorporates "your product" or "your work" field orders, change orders or drawings that is known or thought to be defective, and specifications; or deficient, inadequate or dangerous; or (b) Giving directions or instructions, or b. You have failed to fulfill the terms of a failing to give them, if that is the contract or agreement; primary cause of the injury or damage; or if such property can be restored to use by the repair, replacement, adjustment or removal of (2) Under which the insured, if an architect, "your product" or "your work", or your fulfilling the engineer or surveyor, assumes liability for terms of the contract or agreement. an injury or damage arising out of the 12."Insured contract" means: insured's rendering or failure to render professional services, including those listed a. A contract for a lease of premises. However, in (1) above and supervisory, Inspection, that portion of the contract for a lease of architectural or engineering activities. premises that indemnifies any person or 13."Leased worker" means a person leased to you organization for damage by fire, lightning or by a labor leasing firm under an agreement explosion to premises while rented to you or between you and the labor leasing firm, to temporarily occupied by you with permission perform duties related to the conduct of your of the owner is subject to the Damage to business. "Leased worker" does not include a Premises Rented To You Limit described in "temporary worker". Section III—Limits of Insurance; 14."Loading or unloading" means the handling of b. A sidetrack agreement; property: c. Any easement or license agreement, a. After it is moved from the place where it Is including an easement or license agreement accepted for movement into or onto an In connection with construction or demolition aircraft,watercraft or"auto"; operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to b. While it Is in or on an aircraft, watercraft or "auto"; or indemnify a municipality, except in connection with work for a municipality; c. While it is being moved from an aircraft, e. An elevator maintenance agreement; watercraft or "auto" to the place where it is finally delivered; f. That part of any other contract or agreement but "loading or unloading" does not include the pertaining to your business (including an movement of property by means of a mechanical indemnification of a municipality in connection device, other than a hand truck, that Is not with work performed for a municipality) under attached to the aircraft,watercraft or"auto". which you assume the tort liability of another party to pay for "bodily injury' or "property 15."Mobile equipment" means any of the following damage" to a third person or organization, typos of land vehicles, including any attached provided the "bodily injury" or "property machinery or equipment: damage" is caused, in whole or in part, by a. Bulldozers, farm machinery, forklifts and other you or by those acting on your behalf. Tort vehicles designed for use principally off public liability means a liability that would be roads; imposed by law In the absence of any b. Vehicles maintained for use solely on or next contract or agreement. to premises you own or rent; Paragraph f. includes that part of any contract c. Vehicles that travel on crawler treads; or agreement that Indemnifies a railroad for "bodily injury" or "property damage" arising d. Vehicles, whether self-propelled or not, out of construction or demolition operations, maintained primarily to provide mobility to within 50 feel of any railroad property and permanently mounted: affecting any railroad bridge or trestle, tracks, (1) Power cranes, shovels, loaders, diggers or road-beds, tunnel, underpass or crossing. drills; or However, Paragraph f. does not include that (2) Road construction or resurfacing part of any contract or agreement: equipment such as graders, scrapers or (1) That indemnifies an architect, engineer or rollers; surveyor for Injury or damage arising out e. Vehicles not described in a., b., c. or d. above of: that are not self-propelled and are maintained HG 00 01 09 16 Page 19 of 21 primarily to provide mobility to permanently e. Oral, written or electronic publication, In any attached equipment of the following types: manner, of material that violates a person's (1) Air compressors, pumps and generators, right of privacy; including spraying, welding, building f. Copying, in your "advertisement a person's cleaning, geophysical exploration, lighting or organization's "advertising idea" or style of and well servicing equipment; or "advertisement"; or (2) Cherry pickers and similar devices used to g. Infringement of copyright, slogan, or title of raise or lower workers; any literary or artistic work, in your f. Vehicles not described in a., b., c. or d. above advertisement". maintained primarily for purposes other than 18."Pollutants" mean any solid, liquid, gaseous or the transportation of persons or cargo. thermal irritant or contaminant, including smoke, However, self-propelled vehicles with the vapor, soot, fumes, acids, alkalis, chemicals and following types of permanently attached waste. Waste includes materials to be recycled, equipment are not "mobile equipment" but will reconditioned or reclaimed. be considered "autos": 19."Products-completed operations hazard": (1) Equipment designed primarily for: a. Includes all "bodily injury" and "properly (a) Snow removal; damage" occurring away from premises you (b) Road maintenance, but not own or rent and arising out of "your product" or"your work"except: construction or resurfacing; or (c) Street cleaning; (1) Products that are still in your physical possession; or (2) Cherry pickers and similar devices (2) Work that has not yet been completed or mounted on automobile or truck chassis abandoned. However, "your work" will be and used to raise or lower workers; and deemed completed at the earliest of the (3) Air compressors, pumps and generators, following times: including spraying, welding, building (a) When all of the work called for in your cleaning, geophysical exploration, lighting contract has been completed. and well servicing equipment. However, "mobile equipment" does not include (b) When all of the work any land vehicle that is subject to a compulsory job site has been complete to d done at the if your contract calls for work at more than or financial responsibility law or other motor one job site. vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a (c) When that part of the work done at a compulsory or financial responsibility law or other job site has been put to its intended motor vehicle insurance law are considered use by any person or organization "autos". other than another contractor or subcontractor working on the same 16."Occurrence" means an accident, including project. continuous or repeated exposure to substantially the same general harmful conditions. Work that may need service, maintenance, correction, repair or 17."Personal and advertising injury" means injury, including consequential "bodily injury", replacement, but whichotherwise arising out of one or more of the following complete, will be treated as completed. offenses: b. Does not include "bodily injury" or "property a. False arrest, detention or Imprisonment; damage" arising out of: b. Malicious prosecution; (1) The transportation of property, unless the injury or damage arises out of a condition c. The wrongful eviction from, wrongful entry in or on a vehicle not owned or operated into, or invasion of the right of private by you, and that condition was created by occupancy of a room, dwelling or premises the "loading or unloading" of that vehicle that a person or organization occupies, by any insured; committed by or on behalf of its owner, (2) The existence of tools, uninstalled landlord or lessor; equipment or abandoned or unused d. Oral, written or electronic publication, in any materials; or manner, of material that slanders or libels a (3) Products or operations for which the person or organization or disparages a classification, listed in the Declarations or person's or organization's goods, products or in a policy Schedule, stales that products- services; Page 20 of 21 HG 00 01 09 16 completed operations are subject to the 24."Your product": General Aggregate Limit. a. Means: 20."Property damage" means: O 1 Any goods or products, other than real a. Physical Injury to tangible property, Including properly, manufactured, sold, handled, all resulting loss of use of that property. All distributed or disposed of by: such loss of use shall be deemed to occur at (a) You; the time of the physical injury that caused it; or (b) Others trading under your name; or b. Loss of use of tangible property that is not (c) A person or organization whose physically Injured. All such loss of use shall business or assets you have acquired; be deemed to occur at the time of the and "occurrence"that caused it. (2) Containers (other than vehicles), As used in this definition, computerized or materials, parts or equipment furnished in electronically stored data, programs or software connection with such goods or products. are not tangible property. Electronic data means b. Includes information, facts or programs: (1) Warranties or representations made at a. Stored as or on, any time with respect to the fitness, b. Created or used on; or quality, durability, performance or use of C. Transmitted to or from; "your product"; and (2) The providing of or failure to provide computer software, including systems and warnings or instructions. applications software, hard or floppy disks, CD- c. Does not include vending machines or other ROMS, tapes, dives, cells, data processing property rented to or located for the use of devices or any other media which are used with electronically controlled equipment. others but not sold. 21."Sult" means a civil proceeding in which 25."Your work": damages because of "bodily injury', "property a. Means: damage" or "personal and advertising injury" to (1) Work or operations performed by you or which this insurance applies are alleged. "Suit" on your behalf; and includes: (2) Materials, parts or equipment furnished in a. An arbitration proceeding in which such connection with such work or operations. damages are claimed and to which the b. Includes insured must submit or does submit with our consent; or (1) Warranties or representations made at b. Any other alternative dispute resolution any time with respect to the fitness, proceeding in which such damages are quality, durability, performance or use of claimed and to which the insured submits with "your work", and our consent. (2) The providing of or failure to provide 22."Temporary worker" means a person who is warnings or Instructions. furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23."Volunteer worker" means a person who a. Is not your"employee"; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. HG 00 01 09 16 Page 21 of 21 COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "Insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto' you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown In the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.I. - WHO IS AN INSURED - of partnership or joint venture, formed as a Section II - Liability Coverage is amended to subsidiary in which you have an add: ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if: include any subsidiary that is an (1) The agreement requires you to "Insured" under any other automobile policy or would be an "insured" under provide direct primary insurance for such a policy but for Its termination or the lessor and the exhaustion of its Limit of Insurance. (2) The"auto"Is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, "auto"you hire. the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (1) Paragraph A.I. - WHO IS AN INSURED (a) That is a partnership or joint - of Section II - Liability Coverage is venture, amended to add: (b) That is an "insured" under any other f. When you have agreed, in a written policy, contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional Insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an "insured", but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury" or "property damage" caused injury" or "properly damage" that results by the conduct of an "insured" under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a covered "auto" Paragraph A.1. -WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: Policy No. 10 UEA HF1837 ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non-Contributory If additional insured applies only If the Roqulred by Contract "bodily Injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in I.D. - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also IF you have agreed in a written contract primary, we will share with all that other insurance by the method described in or written agreement that another Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this insurance is primary and we will not (b) The Limits of Insurance shown in seek contribution from that other the Declarations. insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. (3) Additional Insureds Other Insurance When this insurance is excess, we will have no duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance. (4) Duties in The Event Of Accident, Claim, (2) The total of all deductible and self-insured amounts under all that other insurance. Suitor Loss f you have agreed in a written contract We will share the remaining loss, if any, by the nelhod described in Other Insurance 5.d. or written agreement that another person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an"auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. ©2011,The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph AA.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1.000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your . covered "auto", we will pay your additional legal "employees". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the"outstanding balance"of the loan/leese. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan lease at the time of "loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, Interest or charges provided under this Coverage Form for any resulting from overdue payments; additional "auto" you own, then the Physical Damage mileage charges; excess wear and tear charges; Coverages provided are extended to "autos"you lease termination fees; security deposits not hire or borrow, subject to the following limit. returned by the lessor; costs for extended warranties, credit life Insurance, health, accident The most we will pay for "loss" to any hired or disability insurance purchased with the loan or "auto" is: lease; and carry-over balances from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the"loss";or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE, the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag. coverage. No deductible applies to"loss"caused 6, ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage Is excess over any other collectible insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs B.4 - and excess provisions, we will provide coverage EXCLUSIONS - of SECTION III - PHYSICAL equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the covered "auto"you own. following: We will also cover loss of use of the hired "auto" Exclusions 4.c. and 4.d. do not apply to if it results from an "accident", you are legally equipment designed to be operated solely liable and the lessor incurs an actual financial by use of the power from the "auto's" loss, subject to a maximum of $1000 per electrical system that, at the time of"loss", "accident". is: This extension of coverage does not apply to (1) Permanently installed in or upon any "auto" you hire or borrow from any of your the covered "auto"; "employees", partners (if you are a partnership), (2) Removable from a housing unit members (if you are a limited liability company), which is permanently installed in or members of their households. or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1)and (2)above; or ©2011,The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 3 of 5 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered "auto"or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's"operating system. the same"accident",the following applies: b.Section III — Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible, it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible. $1,500 is the most we will pay for "loss" in 12, AMENDED DUTIES IN THE EVENT OF any one "accident" to all electronic ACCIDENT, CLAIM, SUIT OR LOSS equipment (other than equipment designed solely for the reproduction of sound, and The requirement in LOSS CONDITIONS 2.a. - accessories used with such equipment) DUTIES IN THE EVENT OF ACCIDENT,CLAIM, that reproduces, receives or transmits SUIT OR LOSS - of SECTION IV - BUSINESS audio, visual or data signals which, at the AUTO CONDITIONS that you must notify us of time of"loss", is: an "accident" applies only when the "accident" is known to: (1) Permanently installed in or upon the covered "auto" in a housing, (1) You,if you are an individual; opening or other location that is not (2) A panner, If you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company; or such equipment; (4) An executive officer or insurance manager,if (2) Removable from a permanently you are a corporation. Installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or is an HAZARDS integral part of that equipment;or (3)An integral part of such equipment. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we c.For each covered "auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO -COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or $250, whichever deductible Is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE - BROADENED CONDITIONS is replaced by the following: COVERAGE e. For short-term hired "autos", the coverage Under Paragraph A. -COVERAGE -of SECTION territory with respect to Liability Coverage is II - PHYSICAL DAMAGE COVERAGE, we will anywhere In the world provided that if the pay for the expense of returning a stolen covered "bodilyd'in responsibility to pay damages for "auto"to you. "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in 10. GLASS REPAIR -WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D.-DEDUCTIBLE-of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D. -DEDUCTIBLE-of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following: following Is added: ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) Page 4 of 5 We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss"is $10,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V- a.A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to "Bodily injury" means bodily injury, sickness or move the auto but does not include autos disease sustained by any person, including powered solely by electricity or natural gas. mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these, internal combustion engine and one or more 17. EXTENDED CANCELLATION CONDITION electric motors; and that uses the internal Paragraph 2. of the COMMON . POLICY combustion engine and one or more electric CONDITIONS - CANCELLATION - applies motors to move the auto, or the infernal except as follows: combustion engine to charge one or more electric motors,which move the auto. If we cancel for any reason other than 19. VEHICLE WRAP COVERAGE nonpayment of premium, we will mail or deliver to the first Named Insured written notice of In the event of a total loss to an "auto" for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or date of cancellation. Collision coverages are provided under this 16. HYBRID, ELECTRIC, OR NATURAL GAS Coverage Form, then such Physical Damage VEHICLE PAYMENT COVERAGE Coverages are amended to add the following: In addition to the actual cash value of the "auto", In the event of a total loss to a "non-hybrid" auto we will pay up to $1,000 for vinyl vehicle wraps for which Comprehensive, Specified Causes of which are displayed on the covered "auto" at the Loss, or Collision coverages are provided under time of total loss. Regardless of the number of this Coverage Form, then such Physical autos deemed a total loss, the most we will pay Damage Coverages are amended as follows: under this Vehicle Wrap Coverage provision for a.lf the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of$2,500, of the "non-hybrid" auto's not considered vehicle wraps. actual cash value or replacement cost, whichever Is less, b.The auto must be replaced and a copy of a bill of sale or now lease agreement received by us within 60 calendar days of the date of"loss," ©2011,The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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 As required by written contract Project notated in contract Countersigned by Authorized Representative Policy No. 10 WEA AA6VQ6 Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ w-vtiw.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk June 22, 2021 Elecnor Belco Electric, Inc. Attn: John Wong 14320 Albers Way Chino, CA 91710 Re: Downtown Fiber Optic Communications— CC-1621 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 536-5517. Sincerely, 444ou Robin Estanislau, CIVIC City Clerk RE:ds Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Bid Bond (original) Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand fIP!'20✓L-� �-D City of Huntington Beach File #: 21-372 MEETING DATE: 5/1 712 0 2 1 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Sean Crumby. Director of Public Works Subject: Accept bid and authorize execution of a construction contract with Elecnor Belco Electric, Inc., in the amount of $626,451 for the construction of Fiber Optic Communications from City Hall to Pier Plaza, CC-1621 Statement of Issue: On April 20, 2021 , bids were opened for the construction of fiber optic communications from City Hall to Pier Plaza. City Council action is requested to award the contract to Elecnor Belco Electric, Inc., the lowest responsive and responsible bidder. Financial Impact: The engineer's cost estimate for this project is $781 ,096. Funds in the amount of $216,148 are budgeted in Public, Educational and Government (PEG) Access Channels Account No. 24330101 .82800. $370,000 is budgeted in Energy Efficient Fund Account No. 80787002.82000: and $194,948 is budgeted in the Infrastructure Account No. 31440001.82800. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Elecnor Belco Electric. Inc.. in the amount of $626,451, and, B) 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 provide staff with alternative direction. Analysis: The Information Services Division of the Administrative Services Department, in consultation with the Public Works Department, identified the need to develop a fiber optic connection between City Hall and City facilities in the downtown area With the installation of new fiber optic cable and conduit. Pier Plaza. the Police Department substation on Fifth Street. the Main Street Library branch, the Art City of Huntington Beach Wage t of 2 Printed on 5/12/2021 p ered*Legisrar^ File #: 21-372 MEETING DATE: 5/17/2021 Center, and Lake Street Fire Station will have a direct fiber optic connection to City Hall. The project, which is included in the Fiscal Year 2020-21 Capital Improvement Program budget, will improve connectivity between City Hall and City facilities in the downtown area. The need for these improvements is identified in the Fiber and Communications Master Plan. Bids were opened on April 20, 2021 and are listed in ascending order: Bidder Submitted Bid Corrected Bid 1. Elecnor Belco Electric, Inc. $ 626,451 .00 2. Alfaro Communications Construction, Inc. $ 637,485.00 $637,489.00 3. DBX, Inc. $ 642,457.00 4. Servitek Electric, Inc. $ 695,364.00 5. Crosstown Electrical & Data, Inc. $ 719,858.00 6. Ferreira Construction Co. Inc. $ 771 ,921.00 7. International Line Builders, Inc. $ 949,956.00 $949,906.00 8. Select Electric, Inc. $1,006,345.00 9. Asplundh Construction, LLC $1 ,091,705.20 10. Henkels & McCoy, Inc. $1 ,762,330.08 The total estimated cost of this project is $781 ,096, as outlined below: Bid $626,451 10% Construction Contingency $ 62,645 City Furnished Equipment $ 30,000 Construction Administration S 62,000 Total $781,096 Public Works Commission Action: The Public Works Commission recommended this project on March 17, 2021, by a vote of 6-0-1 (Nguyen absent). Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15303(c). Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Project Location Map City of Huntington Beach Page 2 of 2 Printed on 511212021 powercc6:L LeggisaC- �o �o S9ti PROJECT BOLSA AVE. o LOCATIONS Q N N v1 Mc FADDEN AVE. t/ U Ln EDINGER Z m vv) N AVE. Y Z Q U' p > 0 aHEIL 3w AVE. m m O � J U' V) W N Q m WARNER o o AVE. U a SLATER AVE. 36 W 405 m TALBERT AVE. 9�, PACIFIC �� ELLIS AVE. GARFIELD AVE. V) U) U) ORKTOWN AVE. 3 Goy 1^� ADAMS AVE. ul 9 � INDIANAPOLIS AVE. Y OCEAN o of m TLANTA a = AVE. m x0 vi U W � m w Z HAM LTON AVE. tiiyy BANNING AVE. LEGEND FIBER OPTIC COMMUNICATION CITY OF HUNTINGTON BEACH VICINITY MAP ATTACHMENT CITY HALL TO DOWNTOWN FIBER OPTIC INSTALLATION 1 62 Cmo,d : 31 to l�09-1 SECTION A ti�R�aoai y115 POP NOTICE INVITING SEALED BIDS for the construction of Fiber Optic Communications for Downtown Fiber Optic Communications—C.C.No. 1621 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to do hour of 2-00 PM on April 20, 2021. Due to the COVID-19 pandemic, hand delivered bids will only be accepted between the hours of 1:00 PM and 2:00 PM, immediately outside of the City Hall Main entrance, on the day of the bid. Bids will be publicly opened in the same area to allow for social distancing. It is advised that bidders arrive earlier than normal to deliver bids and allow for additional bid processing and acceptance times due to the safety measures described above. The bid opening will be at 2:00 PM on April 20, 2021. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $20.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifications, and contract documents can be downloaded free on AGENCY website at: httv://wu-w.huntingtonbeachca.¢ov/aovemmcnt/det)artments/t)ublic works/Bids/ Open website, then click on"Current Advertised Projects"tab. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct 5% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the A-1 provisions of the Public Contract Code. Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders as determined by the AGENCY. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. This project requires the contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of the Public Contract Code Section 10164. All fiber optic and electrical work must be performed by a contractor who possesses a C-10 Electrical Contractors License at the time of bid opening. A contractor who does not possess all the required licenses at the time of bid opening will be deemed non-responsive and will be disqualified. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit prices will be subject to verification by the AGENCY. In case of a variation between the unit price and the extension, the unit price will govern. Project Description: The project consists primarily of installing fiber optic cable for communications, including conduit, pull boxes. communications equipment, Ethernet switches, traffic signal cabinet and controller, modification of an existing communication hub and connections to the follow City facilities: 1. Kiosk at the Huntington Beach flier 2. Installation of fiber optic cable in an existing utility trough at the pier and connection to an existing splice enclosure 3. Police Department Downtown Sub-Station 4. Parking Structure in Downtown 5. Huntington Beach Public Library 6. Huntington Beach Arts Center 7. Huntington Beach Fire Station • The contract shall allow the Contractor 75 working days to complete the contract. • The engineer's estimate of probable construction cost for the work included in the basis of award is S720,000. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNfINGTON BEACH. CALIFORNIA, the 29th day of June 2020, by Resolution No. 2020-39. Attest: Robin Estanislau CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 A-3 Moore, Tania From: Christine Gonzalez <cgonzales@scng.com> Sent: Monday, March 22, 2021 9:55 AM To: Moore, Tania Cc: Estanislau, Robin; Esparza, Patty, Switzer, Donna;Janusz, Bill Subject: Re: NISB CC No. 1621 Attachments: 1 1450444.pdf Happy Monday Tania! Cost $2,025.00 . Pub HB Wave 4/1 , 4/8, 4/15. The smidge marks you see in the pdf will be bullet points as in the screenshot. S. Huntington Beach Public Library 6. Huntington Beach Arts Center 7. Huntington Beach Fire Station • The contract shall allow the Contractor 75 working day • The engineer's estimate of probable construction cost fc sis of award is $720,000. The AGENCY reserves the right to reject any or all bids, to take all bids under advisement for a maximum period of 60 dad -BY ORDER of the CITY COUNCIL of the CITY OF HUNTING -fhe 29th davof June 2020. by Resolution No 2020-W- Legal Advertising Chrissy Gonzalez 2190 S. Towne Centre Place, Suite 100 Anaheim, CA 92806 714-796-6736 M-F 8:00 a.m. - 4:30 p.m. Closed Sat. and Sun. On Fri, Mar 19, 2021 at 4:39 PM Moore, Tania<Tania.Moore'dsurfcity-hb.org> aTote: Hi Chrissy. Please publish the attached NISB for CC No. 1621 on April I '. 8" and 15t'. 2021. Thank you' Tania Moore t Deputy City Clerk City Clerk's Office 714-536-5209 to nia.mooreAsurfcity-W org z SECTION A NOTICE INVITING SEALED BIDS for the construction of Fiber Optic Communications for Downtown Fiber Optic Communications—C.C. No. 1621 in the CITY OF HUNTI NGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH,as AGENCY, invites seated bids for the above stated Proiect and will receive such bids in the office of the City Clerk,Second Floor,2000 Main Street, Huntington Beach,California 92648, up to the hour of 2:00 PM on April 20, 2021. Due to the COVID-19 pandemic, hand deliv- ered bids will only be accepted between the hours of 1:00 PM and 2:00 PM,immediately out- side of the City Hall Main entrance,on the day of the bid. Bids will be publicly opened in the some area to allow for social distancing. It is advised that bidders arrive earlier than nor- mal to deliver bids and allow for additional bid Processing and acceptance times clue to the safety measures described above. The bid opening will be at 2:00 PM on April 20,2021. Copies of the Plans, Specifications,and contract documents are available from the Office of the Director of Public Works,2000 Main Street, Huntington Beach,CA 92648, upon payment of a$20.00 nonrefundable fee if Picked up,or Payment of a$35.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special delivery). Plans, Specifications,and contract documents can be downloaded free on AGENCY website at: hti P://www huntingtanbeachca gov/government/deportmenl��PuhIY workVB'dsr Open website,then click on"Current Advertised Proiects"tab. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Cade. Pursuant to the provisions of the Labor Code of the State of California, the min- imum prevailing rate of Per them wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Rela- tions of the State of California, which are on file at the Office of the Director of Public Works,2000 Main Street,Huntington Beach,CA 92648. The AGENCY will deduct 5% retention from all Progress Payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the Provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be of- forded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race,color,national Origin,ancestry,sex,or religion in any consider- ation leading to the award of contract. No bid shall be considered unless it is Prepared on the approved Proposal farms in conform- ance with the Instructions to Bidders as determined by the AGENCY. The bid must be ac- companied by a certified check, cashier's check, or bidders bond made doyoble to the AGENCY for an amount no less than 10%of the amount bid. This Proiect requires the con- tractor to possess a valid State of California contractor's license of the Proper classification in accordance with the provisions of the Public Contract Code Section 10164. All fiber optic and electrical work must be Performed by a Contractor who Possesses a C-10 Electrical Con- tractors License at the time of bid opening. A contractor who does not Possess all the re- quired licenses at the time of bid opening will be deemed non-responsive and will be dis- qualified. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY.All extension of unit prices will be subiect to verifica- tion by the AGENCY. In case of a variation between the unit price and the extension, the unit Price will govern. Proiect Description: The Proiect consists Primarily of installing fiber optic cable for communications, including conduit, Pull boxes, communications equipment, Ethernet switches, traffic signal cabinet and controller, modification of an existing communication hub and connections to the follow City facilities: 1. Kiosk at the Huntington Beach Pier 2. Installation of fiber optic cable in an existing utility trough at the pier and connec. tion to an existing splice enclosure 3. Police Deportment Downtown Sub-Station 4. Parking Structure in Downtown 5. Huntington Beach Public Library 6. Huntington Beach Arts Center 7. Huntington Beach Fire Station ;i: The contract shall allow the Coniractar75 working days to complete the contract. ,&WF Theengineer's estimateof probable construction cost for the work inc lutled in the ba- sis of award is$720,000. The AGENCY reserves the right to reiect any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 291h day of June 2020,by Resolution No.2020-39. Attest: Robin Estanislou CITY CLERK OF THE CITY OF HUNTI NGTON BEACH P01ishM Hantingiw Beachwave April),B.15,M21 HA5g Huntington Beach Wave PROOF OF PUBLICATION 1771 S. Lewis Street Anaheim, CA92805 Legal No. 0011450444 714-796-2209 5190751 HUNTINGTON BEACH, CITY OF CITY CLERK DEPARTMENT 2000 MAIN ST HUNTINGTON BEACH, CA 92648-2763 FILE NO. NISB CC No. 1621 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, SS. County of Orange I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Huntington Beach Wave, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on July 1, 1998, Case No. A-185906 in and for the City of Huntington Beach, County of Orange, State of California. that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to w t: 04101/2021, 04/08/2021, 04/15/2021 1 certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: April 15, 2021. Signature SECTION A NOTICE INVITING SEALED BIDS for the Construction of Fiber Optic Communications for Downtown Fiber Optic Communications-C.C.No.1621 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH ,as AGENCY, invites sealed bids for the above stated proiect and will receive such bids in the Office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach,California 92648, up to the hour of 2:00 PM on April 20, 2021. Due to the COVID-19 pandemic, hand deliv- ered bids will only be accepted between the hours of 1:00 PM and 2:00 PM, immediately out- side of the City Hall Moin entrance, on the day of the bid. Bids will be publicly opened in the Same area to allow for social distancing. It is advised that bldders arrive earlier than nor- mal to deliver bids end allow for additional bid Processing and acceptance times due to the Safety measures described above. The bid opening will be at 2:00 PM an April 2D,2021. Copies of the Plans, SPeciflcatlons, and contract documents are available from the Offlce of the Director of Public Works. 2000 Main Street, Huntington Beach, CA 92648, upon payment of a$20.00 nonrefundable fee it Picked up,or Payment of a$35.00 nonrefundable fee if sent by UPS ground delivery (bidder shall pay additional costs for special dellvery). Plans, Specifications,and Contract documents can be downloaded free on AGENCY website at: h"R:IAv .huntingtwbaachco.gov/govemmonf/depanmentVpgbtie_works/BIds/ Open viobsite,then click on"Current Advertised Projects"lab. Any contract entered Into pursuant to this notice will Incorporate the Provislons of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the min- imum Prevalliny rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Rela. lions of the State of California, which are on file at the Office of the Director of Public Works,2000 Main Street,Huntington Beach,CA 92648. The AGENCY will deduct 5% retention from all progress Payments. The Contractor may substitute on escrow holder surety of equal value to the retention in accordance with the Provisions of the Public Contract Code, Section 10263. The Contractor shall be beneficial Owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minorlty business Mttorprises will be af• forded full opportunity to submit bids in response to this notice and will not be discriminated Dgalnst on the basis of race,color, national origin,oncestrY, sex,or religion in any consider- ation leading to the award of contract. No bid shall be considered unless it Is prepared on the approved Proposal forms in conform. ance with the Instructions to Bidders as determined by file AGENCY. The bid must be ao- eomocnied by a Certified check. cashier's check. or bidder's bond made payable to the AGENCY for an amount no less than 10%of the amount bid. This Prolect requires the can- tractor to possess a valid State of California contractor's license of the Proper classification in accordance with the Provisions of the Public Contract Code Section 10164. All fiber optic and electrical work must be Performed by a contractor who possesses a C-10 Electrical Con- tractors License at the time of bid opening. A contractor who does not Possess all the re- quired licenses at the time of bid opening will be deemed non-responsive and will be dis- qualified. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. All extension of unit Prices will be subject to verifica- tion by the AGENCY. In case of a voriation between the unit Price and the extension, the unit prlce will govern. Proiect Description: The proiect consists Primarily of installing fiber optic cable for communications, Including conduit, Pull boxes, communications equipment, Ethernet switches, traffic signal cabinet and controller, modification of on existing Communication hub antl connections to the follow City facilities: 1. Ki05k at the Huntington Beach Pier 2. Installation of fibereptic cable in an existing utility trough at the pier and cennec- If=loan existing splice enclosure 3. Police Department Downtown Sub-Station 4. Parking Structure in Downtown 5. Huntington Beach Public Library 6. Huntington Beath Arts Center T Huntington Beach Fire Station • The conlrgcf stall allow the Contractor 75 working days to complete the contract. • The engineer's astirrate of probable construction cost for the work Included in the ba• sis of award is S720.000. The AGENCY reserves the right to reject any or all bids, to waive any irregularlty and to take all bids under advisement for a maximum Period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, fire 291h day of June 2020 ,by Resolution No. 202039. Attest: Robin Estanisiou CITY CLERK OF THE CITY OF HUNTINGTON BEACH ,.rni-wisoe 2 r winiwv mm�nroim�oKrtn nuvu�wuua u.aui iiaawe �.���-wwie 3 L41W/21 a �0 0 jarr�J CC NO. (l02 '�--l8t�V OPTIC CbV "U►JIC/r1Ufr o Nr) O ki FEK D PrIG AAZIL201 '2021 2 : 00 pry Ll(�Vjz 1 CITY OF HUNTINGTON BEACH PROJECT NAME: Fiber Optic Design - City Hall to Pier Plaza CC#: CC-1621 BID OPENING DATE: 4/20/2021 TIME & LOCATION: 2PM, City Clerk ENGINEER'S ESTIMATE: $720,000.00 BIDS SUBMITTED (AS READ AT OPENING) BIDDER'S NAME FINAL APPARENT BID RANK AMOUNT ?v Ct�rcNtvtirc.4T/v�S 2 5 PZ Cu A,,C,>IV aps ZU L E cT2(C rforr�rA RoFEsSro"w- Eta C2oSS�t/�v GEcTfr.rcgL � �I -� sx 2 �coruoGrT� SYSTt=.r/5 AGE vR Be•exo ErEc712rc V2V) q51. ' FE?2rE7lA CoNSTIu.�T/on/ =}�'I Z G CJ-Fvtggt; SE/hACES' EtiKELS �. /"(cG•oY I � 6 ,t,ric/t — PR-c/Fr c i� s �iLi/i �1 b Mica/N MSL ELEcT?rc /tiC SLvLECT FLEr-r&(,= NG ) U AeiTs+c,� UT/L/T'r' Ern-sc&S I PTS 10022019 Version 16 CC1621.xisx Moore, Tania From: Robert Daniel <bdaniel5@verizon.net> Sent: Monday, May 17, 2021 9:34 AM To: supplementalcomm@surfcity-hb.org Subject: Fiber Optics - VOTE NO. Dear Council members, I learned about the council voting on fibre optic communications between city hall and several downtown buildings including the police sub - station. At a time when the railing at our beach near the cliffs and dog beach is failing from rust and corrosion, spending more than $600K is the height of irresponsibly. The city has other, much more important needs than this fibre optic project! We have graffiti issues, sand on the bike path. The restaurant space at the end of the pier isn't generating revenue for the city. Don't spend our tax money on this "nice to have" project!! Consider that you can get commercial/business high speed internet and encrypt it for less than $250/month. I ask that the city council vote NO on this un needed cable and direct staff to find a way to avoid this expense. Best Regards, Bob Daniel Huntington Beach,Ca SUPPLEMENTAL COMMUNICATION MW&V Dab:_ s��/�.roa/ Ay.nde nm,No.:15 3P.;2 t UNSUCCESSFUL BEDS CC — 1621 Fiber Optic Communications for Downtown Fiber Optic Communications City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ vv1,r%v.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk August 3, 2021 Alfaro Communications Construction Inc. DBA ACCI 15614 S. Atlantic Ave. Compton, CA 90221 RE: Fiber Optic Communications for Downtown Fiber Optic Communications — CC No. 1621 Enclosed please find your original bid bond for CC No. 1621 Sincerely, �� �&�4414j� Robin Estanislau, CMC City Clerk RE.ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For the Construction of Downtown Fiber Optic Communications—C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 8, 2021 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) PART 1 -GENERAL PROVISIONS, SECTION 5—LEGAL RELATIONS AND RESPONSIBILITIES, 5-7.9.1 —Work Area Traffic Control -General The following paragraph is deleted from Section 5-7.9.1: Prior to the beginning of work, the Contractor shall execute the provided construction traffic control plan prepared per current AGENCY guidelines to safely prosecute the construction work involved with a minimum of inconvenience to the motoring public. The following shall be inserted in place of the deleted paragraph: Prior to the beginning of work on Pacific Coast Highway, the Contractor shall execute the construction traffic control plan prepared in conformance with the provisions of SECTION 7 — MEASURE AND PAYMENT, Section 7-3.3 Payment Bid Items for Bid Item No. 1 — Mobilization. 2) PART 1 —GENERAL PROVISIONS, SECTION 7—MEASURE AND PAYMENT, 7-3.3— Payment Bid Items, Bid Item No. 18— Furnish and Install 72 Single Mode Fiber Optic (SMFO) Cable with Mule Tape and #10 AWG Tracer Wire The second sentence of the third paragraph shall be deleted: Fiber optic cable shall be twelve (12)-fiber as indicated on the plans, dielectric single mode, loose tube, and rated for using in underground systems. The following shall be inserted in place of the deleted sentence: Fiber optic cable shall be 72-fiber as indicated on the plans, dielectric single mode, loose tube, and rated for using in underground systems. This is to acknowledge receipt and review of Addendum Number One, dated above. Alfaro Communications Construction,Inc Haidi Daaifi Company Name By 4/14/2021 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. For Addendum questions, please call William Janusz at (714) 374-1628 within 24 hours of posting. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For the Construction of Downtown Fiber Optic Communications—C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 13, 2021 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) PART 1 - GENERAL PROVISIONS, SECTION 5— LEGAL RELATIONS AND RESPONSIBILITIES, 5-3— LABOR The following section and paragraph is added: Section 5-3.1 -General: [Add the following:] All workers that need to enter the Police Department substation facility will need to submit to a background check. They must have no felony convictions. Misdemeanor convictions will be evaluated on a case by case basis by the watch commander. Workers will need to be escorted at all times while inside the facility. The contractor shall coordinate with the Public Works Contract Administrator a minimum of three working days prior to entry into the Police Department facility. This is to acknowledge receipt and review of Addendum Number Two, dated above. Alfaro Communications Construction,Inc Haidi Daaifi Company Name By 4/14/2021 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. For Addendum questions, please call William Janusz at (714) 374-1628 within 24 hours of posting. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE For the Construction of Downtown Fiber Optic Communications—C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 13, 2021 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) PART 1 —GENERAL PROVISIONS, SECTION 5—LEGAL RELATIONS AND RESPONSIBILITIES, 5-7.9.1 — SAFETY,Work Area Traffic Control, General The following paragraph shall be added after the thirteenth paragraph: In the area between Pacific Coast Highway and the Pier, all excavations shall be backfilled or plated at the end of each work day. Vehicular access must be maintained on to the pier at all times. All barricades must be removed and a level walking surface must be in place on Saturdays and Sundays. This is to acknowledge receipt and review of Addendum Number Three, dated above. Alfaro Communications Construction,lnc Haidi Daaifi Company Name By 4/14/2021 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. For Addendum questions, please call William Janusz at (714) 374-1628 within 24 hours of posting. SECTION C PROPOSAL for the construction of Fiber Optic Communications for Downtown Fiber Optic Communications —C.C. No. 1621 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 75 working days, starting from the date of the Notice to Proceed. The undersigned acknowledges that the issuance of Notice to Proceed will occur in October 2021. 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 re-advertise 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 10010 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 for'°% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda.Vo. Dore Received Adder's Si n I / 2 a 2I - zl C_Z SECTION C PROJECT BID SCHEDULE A Downtown Fiber Optic Communications-C.C. No. 1621 BID ITEMS Total Cost ,.No. Description Quantity Unit Unit Cost (Extensiou) I Mobilization(including Caltrans 1 LS sgg� S Encroachment Permit Coordination 2 Traffic Control 1 LS $ Preparation of Project Specific Storm m 3 Water Pollution Prevention Plan (SWPPP) I LS and Water Pollution Control Program WPCP r Caltrans Involvement 4 Installation and Maintenance of BMP's per I LS the approved SWPPP and WPCP 5 Furnish and install 2" Sch. 80 PVC 11 266 LF S 3yt S ,3 �r� conduit, pull tape+tracer wire 6 Furnish and install 1.5" HDPE lnnerduct 150 LF and pull tape Q� 7 Fumish and install 3" rigid steel conduit, 35 LF $ , _� S -3 pull tape+tracer wire S Furnish and install 45 Degree 3" L.B. 5 EA $� S 3 , 9 Furnish and install No. N40 Pull Box/ 12 EA $ $� Splice Vault 10 Furnish and install No. 6E Pull Box 1 EA Si- Item S 0 11 Furnish and install No. 6 Pull Box 44 EA $ S �0 Cud 12 Furnish and install No. 6T Pull Box 1 EA S Zbpd S 2-cw 13 Remove and salvage existing pull box 2 EA S C-2.1 Item Total Cost m , to Description Quantity' Unit, Unit Cost (Extension) 14 Install Conduit into Existing Pull Box 2 EA $ U ot0 $ 2-6 0 0 15 Connect new conduit to existing conduit 2 EA S 1 ! S Z Furnish and install 144 strand Single Mode 16 Fiber Optic Cable+pull tape in 12,112 LF S 4 • S sARS-0 exi sed conduit Furnish and install 12 Strand Single Mode 17 Fiber Optic drop cable+pull tape in 2,037 LF $ $ C9 existi4proposed conduit Furnish and install 72 Strand Single Mode 18 Fiber Optic drop cable+ pull tape in 350 LF S S, S 2 g 0 existing/proposed conduit Furnish and install underground Fiber 19 Optic Splice Enclosure. Perform splice of 9 EA S 1Aqo,, S-Alt�Go fiber optic cable(s) 20 Furnish and install 12/24 Port Fiber Patch 8 EA S�0O-,, S q Panel complete. Terminate fiber optic cable Furnish and install new 144 port Fiber 21 Distribution Unit(FDU)complete(rack 1 EA 5(a Qn4 S mount Furnish and install new Ruggedcom Rack 22 Mount Ethernet Switch, SFP modules, 2 EA S3\00 S 6ZD40i power supply and patch cords complete 23 Remove and salvage Yagi antenna I EA $ SOO S ^�O — Install Type 332L Cabinet(City Furnished) 24 and Construct Foundation(Including I EA SA-2A9 S ZaO Conductors and Cables, Bonding and Grounding Com lete Relocate existing 170E controller to new 25 332L Cabinet(including MMU and I EA SZ S Furnishing and installing 170E Ethernet Modem Card) — 26 Furnish and install 19" wall-mounted I EA S2� $ ZP24� server rack enclosure 27 Perform Traffic Network System I LS Sl 0 S-14-o©o Integration C-2.2 Item Description Quantity Unit Unit Cost Total Cost No. (Extension) 28 Test Network Communications and System I LS S S Documentation 29 As-Built Plans 1 LS S 40M S���i TOTAL BID AMOUNT—SCHEDULE A(BASIS OF AWARD) S TOTAI, BID AMOUNT IN WORDS:un 04, Saar..._ Note: Refer to Section 7, Measureme t and Payment. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The owner reserves the right to reject any or all proposals and bid items. PROJECT BID SCHEDULE B Downtown Fiber Optic Communications—C.C. No. 1621 ADDITIVE ALTERNATIVE BID ITEM NO. 1 Total Cost Description Quantity Unit Unit Cost Extension I Fiber Optic communications from Police 1 LS S Tom[Qb $ (Or?� Substation to Downtown Parking Structure TOTAL BID AMOUNT—SCHEDULE B(ADDITIVE ALTERNATIVE S BID ITEM NO. 1) TOTAL BID AMOUNI IN WORDS: l�•l Note: Refer to Section 7, Measurement and Payment. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The owner reserves the right to reject any or all proposals and bid items. C-2.3 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. Bid Nano and Address of Subcontractor Stale Class Dollar %of Items) License Amount Contract Number i By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on-t/201202,lat 4/20/2u21 l:omF;t Dante City Stare t C p being first duly sworn, deposes and says that he or she is ofi� �jythe party making the foregoing bid that the bid is not made in the interest of 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. Alfaro Commum,ations l.onst,uQLLm.lnc Name of Bidder 4 Signature of Wei 15614 S. Atlantic Avenue,Compton.CA 90221 Address of Bidder C4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Fiber Optic Communications for Downtown Fiber Optic Communications—C.C. No. 1621, (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 he 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. Alfaro Communications Construction,lnc Contractor By J 1 Title Date: C-S DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, 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 7�kbe gulation? ❑ 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 shalt constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and 1 will comply with such provisions before commencing the performance of the work of this contract. Alfaro Communications Construction,lnc Conhactor By I�JbC�� Title Date: C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Alfaro Communications Construct tonjtic Bidder Name 15614 S. Atlantic Avenue, Business Address Compton,CA 90221 City, State Zip 310 ) 669 8949 Telephone Number 912727.Class. A,C7,C 10,C27 State Contractor's License No.and Class 3/20/200N Original Date Issued ;:311202' Expiration Date The work site was inspected by lose Mendoza of our office on , 20_. The following are persons, firms, and corporations having a principal interest in this proposal: Hugo Alfaro: President,Tressurer Mayra Martinez:V.President,Secretary _ C-8 - 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. Alfaro Communications Constnij tionjnc Company Name Signature of Bidd 1 1 Printed or Typed !PAM Subscribed and sworn to before me this_day of 20_ NOTARY PUBLIC NOTARY SEAL C-9 California Jurat Certificate A/glafy gtbiC or 001er officer completing this certificate vtrfhes only the Identity of the individual who aglled the I dotunrrtt b which ih3s certificate is attached, and nol the tnMhrNlsss,soaracy,or validity of that documenL State of Calffornia } I S.S. County of Los Angeles Subscribed and sworn to (or affirmed) before me on this 8th day of April 20 21 by Hugo Alfaro and proved to me on the basis of satisfactory eviden o be the person(s) who appeared before me. i NAP:A%0110 ROGUES Nctr. :.b4c-Ceaforr" Marla Flores Robles Comm# 2315326/ Exp. 12/12/23 C7 -16 0 R131 I26 ■r Ca-. Expaec Dec 12,7a27 OPTIONAL INFORMATION Description of Attached Document The certificate is attached to a document htlad/lor the purpose of Method of Affiant Identification City of Huntington Beach Proposal Proved to me bass of mbsfac y ev,deroe Downtown Fiber Optics. C.C. No. 1621 0WMIsi of Xaeftle ein�es) Notw,N event is aetii l in rotary purnei w Page a __ — Entry e No rytiw"t Marla Flores Robles containing pages, and dated 011wr Aft a)Thixnbpnnt(s) Dei I NOTARY CERTIFICATE Subscribed and sworn to before me this_day of 20_ . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of ) County of ) On before me, Month, Day, and Year Insert Name and Title of Notary personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-10 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of underground signal conduit, and the installation of fiber optic cable for communication. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. l .1h of Ran.h(, t u"unonga I ,niI Civic Center Dr.,raneho Cucamonga , CA 91730 Name and Address of Public Agency Name and Telephone No. of Project Manager: Natalie Avila.Tel:909-774-4076 �. n�i .1,uh. Signal ln.1.�Ilauon.l ibc1 ()1n:, %%or k,Trrn,hmg,Ponhohng and Conduit Work 5/15/201h Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Z City of Huntington Beach:2000 Main Street,Huntington Beach,CA 92648 Name and Address of Public Agency Name and Telephone No. of Project Managw. J�ph Fuentes.Tel:714.536.5259 5368,461,;,, 'traffic Signal Modifications,Fiber Optic Work Installation Flashin¢R,... Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3 City of Anaheim:200 S.Anaheim,CA 92805 Name and Address of Public Agency Name and Telephone No. of Project Manager: Patrick Kelley.Tel:714-765-5272 S t38 679.40 Installation of Traffic Si nal Fiber Optic Work 2/10/2020 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-11 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. I Jamal AlDoeifi Name of proposed Project Manager Telephone No. of proposed Project Manager: 714-240-9272 Traffic Signal In,l �i xnt,.,e i iithird &slatci $ 289,075.00 Fiber Optic Work.Traffic Signal Installation 7/24/2020 Project Name &Contract Amount Type of Work Date Completed Caltrans(U7-306504) S 1,910,712.00 Fiber Optic Splicing Work,Traflic Signal Installation 12/11/2020 Project Name & Contract Amount Type of Work Date Completed Caltrans(12 OH0284) S 981.319.57 Install Fihcr Optic Cables&CCTV 7/20/2019 Project Name& Contract Amount Type of Work Date Completed Z lose Mendoza Name of proposed Superintendent Telephone No. of proposed Superintendent: 323-901-8606 Intelligent Transportation System S 492,630.00 Fiber Optic Cabling,lnslillalion of Video Camera 2/10/2020 Project Name&Contract Amotmt Type of Work Date Completed Traffic Signal Installation at Anaheim Blvd 5338,679.40 Fiber Optic Work,Traffic Signal Installation 2/10/2020 Project Name& Contract Amount Type of Work Date Completed Installation of 4 Traffic Signals S 2,327 205.00 Fiber Optic Cahles,Trenc hi ng,Pot holing,Conduit Work 5/15/2018 Project Name& Contract Amount Type of Work Date Completed C-12 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.d r.ca.gov/DLSE/PublicWorks/SB854F&ctSbect_6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir.ca.gov/P WCR/ActionServlet?action=displayPWCRegi%UudonForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Alfaro Communications Cor truction,lnc Contractor 40 By oic VK Title Date: PWC Registration k: ...... 1000042376 .. C-13 No. 5082-3 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that,pursuant to the Insurance Code of the State of California, Endurance Assurance Corporation of Delaware, organized under the laws of Delaware, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire,Marine,Surety,Disability,Plate Glass,Liability,Workers'Compensation, Common Carrier Liability, Boiler and Machinery,Burglary,Credit, Sprinkler,Team and Vehicle,Automobile,Aircraft,and Miscellaneous os such classes are now or may hereafter be defined in the Insurance Laws of the.State of California. TFDS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation ofany,ofthe applicable laws and lawful requirements made under authority ofthe laws ofthe State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 23rd day of August. 2016,1 have hereunto set my hand and caused my official seal to be affixed this 23'd do),afAugust, 2016. Dave Jones Inru,a a Commwimer (2,64 p By Carol Frair 410 for Joel Laucher ChiefDeper) NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Cutporelons Code promptly after issuance of this Certificate of Authority. Failure to do an will be a violation of insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. IVAIA Document A310TM - 2010 Bid Bond Bid Bond No:N/A CONTRACTOR: SURETY: iYap le. legal status and address) (\'ante, legal.wanis and principal place Alfaro Communications Construction, Inc. of hnsmess)Endurance Assurance Corporation 15614 S.Atlantic Ave. 4 Manhattanville Road Compton, CA 90221 Purchase, NY 10577 This document has important legal consequences.Consultation with OWNER' an attorney is encouraged with (Name.legal statra anon address) respect to its completion or modification. City of Huntington Beach Any singular reference to 200 Main Street n Huntington Beach, CA 92648 Contractor,Surety,Owner or BOND AMOUNT: Ten Percent of theTotal Amount Bid(10%of Bid Amount) other party shell oe blecon. red where whe applicable. PROJECT: (.\'acne, location or address,and Project number, if any/ Fiber Optic Communications for Downtown Fiber Optic Communications. Project Number, if any: C.C.No. 1621 The Contractor and Suiety are bound to the Owner in the amount set forth above.for the payment of which the Contractor and Surety hind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein:'fhe conditions of this Bond are such that if the Owner accepts the bid ofthe Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)dicers into a contract with the Owner in accordance with the terms of such bid,and gives such.bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in thejurisdiction of the Project and otherwise acceptable to the Owner. For the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof:or(?)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount fur which the Owner may in good faith contract with another party to perform the work covered by said hid,then this obligation shall.be null and void;otherwise to remain in fill force and effect.The Surety hereby waives any notice of fm agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice:by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in ibis Bond shall be deemed to be Subcontractor and the tern Owner shall be deemed to be Contractor. When this Bond has been fumished to comply with a statutory err other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to Stle11 statutory or other legal requirement shall be deemed incorporated herein. When so Furnished,the intent is that this[fond shall be construed as a statutory bond and not as a common law bond. Sign d and sealed this 7th day of April 2021 Alfaro Communications onsl lion,Inc. (Principal) (.Seal) fessJ _ Mile) Endurance As ce Cori anon (Sore (Scar) /{Pt (line) YunXT. lCk, ttorney-In- act Init. A1A Document A310n'-2D1D.Copyright 01963.1970 and 2010 by The American lnst'1 fArchdects.All ragas reserved.WARNING:This AIAa Documom is proloctod by U.S.Copyright Law end Intematiorel Treaties.Unauthorized reproduction or distribution of this AIAr 0ocureant,or any portion of it.may result in severe civil and criminal penalties.and will be prosecuted to the neximum extent possible and or Me tam.This ( document was creabd an 0127n012 07.23'.12 unbar Me terms W AIA DocumentsomDomartiv order no. 2008397A80.and is not for resale.inn document is licensed by The American Institute of Arcnrtects for mw nine use only,and may not be rvproducen or"In os anmelation.ream CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On before me, Irene Luong Notary Public, Date Insert Name of Notary exactly as it appears on me od¢ial seal personally appeared Yung T. Mullick Name(s)of Slgner(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 I IRENE LUONG person(s), or the entity upon behalf of which the person(s) 11 NotaryPutlic-California acted, executed the instrument. 3` O:ange County v cor..missio',r 220716 I certify under PENALTY OF PERJURY under the laws of My Comm.E.p'�res Jul 27,2021 the State of California that the fo ing paragraph is true " and correct. Witness my h n offici I eal. Signature Place Notary Seal Above Sign ure of Notary Publi I Irene LUu6ng 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 the 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: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator Too of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: SOMPO INTERNATIONAL POWER OF ATTORNEY 1043 KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American Insurance Company, a Delaware corporation, Lexon Insurance Company, a Texas corporation, and/or Bond Safeguard Insurance Company, a South Dakota corporation, each, a *Company' and collectively,'Sompo International,'do hereby constitute and appoint:YUNG T.MULLICK,JAMES W.MOILANEN,IRENE LUONG,P.AUSTIN NEFF,EMILIE GEORGE as true and lawful Attorney(s)-In-Fact to make,execute,seal,and deliver for,and on its behalf as surety or co-surety;bonds and undertakings given for any and all purposes,also to execute and deliver on its behalf as aforesaid renewals,extensions,agreements,waivers,consents or stipulations relating to such bonds or undertakings provided,however,that no single bond or undertaking so made,executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of TEN MILLION Dollars(570,000,000.00). Such bonds and undertakings for said purposes,when duly executed by said attorney(s)-in-fact,shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal arrested by ds Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 15- day of June,2019.a copy of which appears below under the heading entitled'Certificate" This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by unanimous written consent effective the 15^day of June,2019 and said resolution has not since been revoked,amended or repealed: RESOLVED,that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,each Company has caused this instrument to be signed by the following officers,and its corporate seal to be allaed this 15-day of June,2019. End ranee Assurance Corpjounsal Endurance American Leach Insurance Company Bond Safeguard �//((�, ``/��//[jj//]]��In�uraJPc'gJ�jp'/yf �(AJ�' '[/�//�� In ura ce Co (��Jf��+j���(///�J By: " S" 1' , IBY.U'_ " "o' ' ' 1 Pey ' ' I..( By ,S ' I'C rh Richard Appet'lAAi•, nior Richard Appal„SYP.B, enior Counsel Ric antl A I; Seni ou set ftic antl A I' VP B. erica ou el f gsutancp•. .•i�ban-!?s e. a ff USU e'C`OpPOth`Uk, e'Fe.�p.POA,di'm7 FG -A e E9' SEAL SEAL :n3 SEAL DMOTA .r 21 20C12 . 1990 fie; p'. INSURANCE y1'.UFJ.AWARE:'JeJ Ei 74;DElAwlARE-ea Or { O COMPANY :'.AD O Y� '1u,� F2• .vim' L ............ ...... ACKNOWLEDGEMENT On this 15^day of June,2019,before me,personally came the above signatories known tome,who being duly swom,did depose and say that heAW..Kx ofpcer of each of the Companies;and that he executed said instrument on behalf of each Company by authority of his oucunder th by s of each Company, y......By. c... 1 fAaylorjNot ublic My Commis5i8n EXJHres 5/9R3; CERTIFICATE 4 � I,the undersigned Officer of each Company,DO HEREBY CERTIFY that: 1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney.and that the same is a true and correct copy of the original power of attorney and of the whole thereof, 2. The following are resolutions which were adopted by the sole shareholder of each Company by unanimous whiten consent effective June 15,2019 and said resolutions have not since been revoked,amended or modified: 'RESOLVED,that each of the individuals named below is authorized to make,execute,seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co-surety with others'. RICHARD M.APPEL,BRIAN J.BEGGS,CHRISTOPHER DONELAN,SHARON L.SIMS, CHRISTOPHER L SPARRO,MARIANNE L.WILBERT and be it further RESOLVED,that each of the individuals named above is authorized to appoint attorneys-in-tact for the purpose of making,executing,sealing and delivering bonds, undertakings or obligations in surety or co-surety for and on behalf of the Company' 3. The undersigned further certifies that the above resolutions are we and correct copies of the resolutions as so recorded and of the whole thereof. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal this 7th day of April .2021 By: Dance S. ne, a mtary NOTICE: U.S.TREASURY DEPARTMENTS OFFICE OF FOREIGN ASSETS CONTROL IOFACI No coverage is provided by this Notice net can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control(OFAC)administers and enforces sanctions policy,based on Presidential declarations of'national emergency'. OFAC has identified and listed numerous foreign agents,front organizations,terrorists,termdst organizations.and narcotics traffickers as'Specially Designated Nationals and Blocked Persons'. This list can be located m the United States Treasury's webwle-htlps9Avww.ueasunv.pov/resource.cente lsanction$JSDN-List. In accodance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has vtolaled U.S.sanctions law or is a Specially Designated National and Blocked Person,asidentified by OFAC.any coverage will be considered a blocked or frozen contract and all provisions al any coverage provided are immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract,nor payments nor premium refunds may be made without authonzatim from OFAC. Other limitations on the premiums and payments may also apply. Any reproductions am void. Surety Claims Submission:LexonClaimAdministratimflsomm-intl.com Telephone:615-553-9500 Mailing Address:Sompo International;12890 Lebanon Road;Mount Juliet,TN 37122-2870 � § 0 = d \ 0 _ \ \ / } \ � � \ 6 ' C ( 5 k 0 _ { ■ � | $ z / ) / ` E § G CIO ± ) u § \ \ ) ( _ ± � ) / f \ [ / u { «�-- � k t — mv � \ kkClq Q0 ® � I [ t < oowo Q � v- CL B ' E 2 $ / � o t . City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 _ (714) 536-5227 ♦ Nv«tivhuntingtonbeachca.gov Office of the City Clerk / Robin Estanislau, City Clerk August 3, 2021 Asplundh Construction 1428 North Lemon Street Anaheim, CA 92801 RE: Fiber Optic Communications for Downtown Fiber Optic Communications — CC No. 1621 Enclosed please find your original bid bond for CC- 1621. Sincerely, e& 444 j� Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For the Construction of Downtown Fiber Optic Communications -C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 8. 2021 Notice To All Bidders Please note the following clarification to the Project Plans. Specifications. and Special Provisions. 1) PART 1 - GENERAL PROVISIONS, SECTION 5- LEGAL RELATIONS AND RESPONSIBILITIES, 5-7.9.1 -Work Area Traffic Control - General The following paragraph is deleted from Section 5-7.9.1: Prior to the beginning of work, the Contractor shall execute the provided construction traffic control plan prepared per current AGENCY guidelines to safely prosecute the construction work involved with a minimum of inconvenience to the motoring public. The following shall be inserted in place of the deleted paragraph: Prior to the beginning of work on Pacific Coast Highway, the Contractor shall execute the construction traffic control plan prepared in conformance with the provisions of SECTION 7 - MEASURE AND PAYMENT, Section 7-3.3 Payment Bid Items for Bid Item No. 1 - Mobilizalion. 2) PART 1 -GENERAL PROVISIONS, SECTION 7 - MEASURE AND PAYMENT,7-3.3- Payment Bid Items, Bid Item No. 18 - Furnish and Install 72 Single Mode Fiber Optic (SMFO) Cable with Mule Tape and #10 AWG Tracer Wire The second sentence of the third paragraph shall be deleted: Fiber optic cable shall be twelve (12)-fiber as indicated on the plans, dielectric single mode, loose tube, and rated for using in underground systems. The following shall be inserted in place of the deleted sentence: Fiber optic cable shall be 72-fiber as indicated on the plans, dielectric single mode, loose tube, and rated for using in underground systems. This is to acknowledge receipt and review of Addendum Num O e ated above. kD��X t� N (%t�nS L U_ ��& Conn any Name + By U `l 2 1 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal For Addendum questions, please call William Janusz at (714) 374-1628 within 24 hours of posting. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For the Construction of Downtown Fiber Optic Communications - C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 13, 2021 Notice To All Bidders. Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) PART 1 - GENERAL PROVISIONS. SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES, 5-3 - LABOR The following section and paragraph is added: Section 5-3.1 - General: [Add the following:] All workers that need to enter the Police Department substation facility will need to submit to a background check. They must have no felony convictions. Misdemeanor convictions will be evaluated on a case by case basis by the watch commander. Workers will need to be escorted at all times while inside the facility. The contractor shall coordinate with the Public Works Contract Administrator a minimum of three working days prior to entry into the Police Department facility. This is to acknowledge receipt and review of Addendum Nu er T o dated above Co any Name by �-} yy ZLZ1 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. For Addendum questions, please call William Janusz at(714) 374-1628 within 24 hours of posting. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431. Fax (714) 374-1573 ADDENDUM NUMBER THREE For the Construction of Downtown Fiber Optic Communications - C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 13, 2021 Notice To All Bidders: Please note the following clarification to the Project Plans. Specifications, and Special Provisions: 1) PART 1 - GENERAL PROVISIONS, SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES. 5.7.9.1 - SAFETY, Work Area Traffic Control, General The following paragraph shall be added after the thirteenth paragraph: In the area between Pacific Coast Highway and the Pier, all excavations shall be backfilled or plated at the end of each work day. Vehicular access must be maintained on to the pier at all times. All barricades must be removed and a level walking surface must be in place on Saturdays and Sundays. This is to acknowledge receipt and review of Addendum Num T Natedi1bgyr, 9 P b�( hE Corripany Name By t_lVl Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal For Addendum questions, please call William Janusz at(714) 374-1628 within 24 hours of posting. SECTION C PROPOSAL for the construction of Fiber Optic Communications for Downtown Fiber Optic Communications — C.C. No. 1621 in the CITY OF HUNT]NGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Scaled 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 perfonn the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach. and to enter into a contract at the following prices. The undersigned agrees to complete the work within 75 working days, starting from the date of the Notice to Procecd. The undersigned acknowledges that the issuance of Notice to Proceed will occur in October 2021 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 it 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 wilt 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 re-advertise 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-t 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 gtc ktA Runj Dy 1 Qk. 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 for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here• if any: Addendu Ao. Date Received Bidder % Signature �+ 1 L °l '20 C-z SECTION C PROJECT BID SCHEDULE A Downtown Fiber Optic Communications—C.C. No. 1621 BID ITEMS Item Description Quantity Unit Unit Cost Total Cost No. awn i Mobilization(including Caltrans I LS S l- o $ zs�w-o Encroachment Permit Coordination 2 Traffic Control I LS $ Cw SSA Preparation of Project Specific Storm 3 Water Pollution Prevention Plan(SWPPP) 1 LS $ S Oro $ S, uo� and Water Pollution Control Program WPCP Caltrans Involvement 4 Installation and Maintenance of BMP's per I LS S $ 610 DD the approved SWPPP and WPCP 5 Furnish and install 2" Sch. 80 PVC 11,266 LF $ UZ o' S UT% ggi2 conduit,pull tape+tracer wire 6 Furnish and install 1.5" HDPE Innerduct 150 LF S Ztk S l5U and pull tape 7 Furnish and install 3" rigid steel conduit, 35 LF S 11Z $ 3 2 0 pull tape +tracer wire 8 Furnish and install 45 Degree 3" L.B. 5 EA S 4S� S 2,ZSo 9 Furnish and install No. N40 Pull Box/ 12 EA $ tSuL�, $ 34,Coto Splice Vault 710] Furnish and install No. 6E Pull Box 1 EA $ 12iP S °lZA 11 Furnish and install No. 6 Pull Box 44 EA $13gU S 3 1lF b 12 Furnish and install No. 6T Pull Box 1 EA $ 2fzoo $ 2,2 o 0 13 Remove and salvage existing pull box 2 EA S S\ll S -1QO C-2.1 Item Total Cost No. Description Quantity Unit Unit Cost xtension I ' 14 Install Conduit into Existing Pull Box 2 EA $ 1,20SO S 460 15 Connect new conduit to existing conduit 2 EA S V Sly S Furnish and install 144 strand Single Mode 16 Fiber Optic Cable +pull tape in 12,112 LF S�. $ 02�q S 2 existing/proposed conduit Furnish and install 12 Strand Single Mode 17 Fiber Optic drop cable + pull tape in 2,037 LF SS ls0 S �l b l existing/proposed conduit Furnish and install 72 Strand Single Mode 18 Fiber Optic drop cable+ pull tape in 350 LF S Li SU S321S existing/proposed conduit Furnish and install underground Fiber 19 Optic Splice Enclosure. Perform splice of 9 EA S 1i142S SIN 2 fiber optic cabl s Furnish and install 12/24 Port Fiber Patch 8 EA S ! 200 S boo 20 Panel complete. Terminate fiber optic cable �--- Furnish and install new 144 port Fiber 21 Distribution Unit (FDU)complete (rack I EA S_Njq mount) _ Furnish and install new Ruggedcom Rack 22 Mount Ethernet Switch, SFP modules, 2 EA S Z $A._� power supply and patch cords complete 23 Remove and salvage Yagi antenna 1 EA S ZS u Lt S uC a Install Type 332L Cabinet (City Furnished) 24 and Construct Foundation(Including 1 EA $ (� $ �1�N Conductors and Cables, Bonding and Grounding Complete) Relocate existing 170E controller to new 25 332L Cabinet(including MMU and I EA S 2(0 S�$y(7 Furnishing and installing 170E Ethernet Modem Card 26 Furnish and install 19"wall-mounted I EA S 2,$ 10u $ 2" C,D server rack enclosure 27 Perform Traffic Network System I LS S 12. GU U $ 2�1)t20 Integration C-2.2 Item. Total Cost No. Description Quantity Uaft Unit Cost ension 28 Test Network Communications and System I LS $ Lu,Soo s 2v "D Documentation 29 As-Built Plans ] LS $ Lisa_ $ S TOTAL BID AMOUNT—SCHEDULE A(BASIS OF AWARD) $ t)9 1 u�- TOTAL BID AMOUNT(N WORDS: 0 m 11,oh n �u#�-Cv.> tLt�u\n wQ►tn 6kY\Avtd LVI dw(4✓\ arty hr i��y\ a ✓t S Nole: Refer to Section 7, Measurement and Payment. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The owner reserves the fight to reject any or all proposals and bid items. PROJECT BID SCHEDULE B Downtown Fiber Optic Communications—C.C.No. 1621 ADDITIVE ALTERNATIVE BID ITEM NO. I Item Description Quantity Unit Unit Cost Total Coat No. — (Extension) I Fiber Optic communications from Police 1 LS S nt cc U S _ Substation to Downtown Parking Structure TOTAL BID AMOUNT—SCHEDULE B(ADDITIVE ALTERNATIVE S 'oh.200 BID ITEM NO. 1) TOTAL BID AMOUNT IN WORDS: ' f � �huA Yl) �l ^(�vQr D�LUvS 1 h/ S Note: Refer to Section 7, Measurement and Payment. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The owner reserves the right to reject any or all proposals and bid items. C-23 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. Bid Name and Address of Subcontractor State Class Dollar %of Item(s) License Amount Contract Number V1,10 zl �.S A ► 22' cA %' m ���{�, f �I 7 If�a1 ylv�✓�Lcr\y,v 'Y"'�w�• �1 #ub,�'A kk le By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed od11 I,? ,at _�J (erK- Daleu City State being first duly swom, deposes and says that he or she is ofAji t i t jC the party making the foregoing bid that the bid is n& made in the interest of, r on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 4:�plur,Ah Ccn :AruchGo LAC 2N Bidder t ture of.Bt der A,aVw `QOav\L, CIA 10(r Ll Address of Bidder C4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Fiber Optic Communications for Downtown Fiber Optic Communications —C.C. No. 1621, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. r1dh L L Co recto Title Date: C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes XNo If the answer is yes,explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. col lh Chr»tYLC_ix'o Ll C Contrac} r Title Date: Lill C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: �SVlVVJ \ c� tf ►�N ��� Bidde Name 1y31 l,:gulo,,a ;o Business Address '�)WLVXA l0 21 City, State Zip Telephone Number IvIA1;2 c,o I A State Contractor's License No. and Class 0-1 - 10 - 201 Original Date Issued 01 - 41 - L021 Expirations Date I I The work site was inspected by t&y,,,.kA �",4n of our office on _. 20 41 The following are persons, firms, and corporations having a principal interest in this proposal: C-s ASPLUNDH CONSTRUCTION, LLC (New York Limited Liability Company) OFFICERS President Frank V. Giordano Vice President Brent D. Asplundh Vice President Steven G. Asplundh Vice President James R. Hardiman Vice President Gregory W. Holman Vice President Brett W. Martin Vice President David G. McGinley Vice President Philip E. Voltz Secretary"Treasurer Brian R. Bauer Assistant Secretary Christopher J. Macsisak Assistant Secretary Nickkia S. Sellers Assistant Secretary Gregory E. Staton Assl. Secretary (Title Clerk) John L. Talbot Asst. Secretary (Title Clerk) John S. Adkisson Asst. Secretary (Ins./Bonds) Ann P. Ercolani Asst. Treasurer (Taxes) Ronald S. Simpson DIRECTORS Brent D. Asplundh Scott M. Asplundh Steven G. Asplundh Updated: 12-November-201 9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. 5 1 ,r C Company Narne Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this L2-day of �i7YT , 202E SUSAN LYNN LATTUCA Notary Public. State of New York Registration #01 LA6360996 Qualified In Suffolk County Commission Expires July 3. 2021 NOTARY PUBLIC?^' NOTARY SEAL C-9 NOTARY CERTIFICATE Subscribed and sworn to before me this IL day ofjtliCl , 20,2. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of ) County of hum\K ) On q I I J' >1 before me, S Ul 0-1) W nn 10 ffi CA— Month Day, and Year Insert Na die and Title of Notary personally appeared aYl5+tPYVY ALtL'ISFt�L Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 official seal. SUSAN LYNN LAf New Y y Notary Public. State of New York Registration 001 LA6360996 ouamied In Suffolk County Commission Expires July 3, 2021 Signature i atu of Notary Public (PLACE NOTARY SEAL ABOVE) C-10 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of underground signal conduit, and the installation of fiber optic cable for communication. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the pastfive years: I. Sty, 4- }6\(tNtd . VIml, V vAn e Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: _ Contract Amount Type of Work Date Completed Provide additional project description to show similar work: C-11 Job Reference Completed i of Proect Pisani Aware Date Decal tlan Canba.Amount Fine 4rtwunt cam feted Cllent Name Cont..Per.. City of AryMlm 201 South Tim Bata UDeSJ Phase 1 S 9,499,13050 S 9,901,8)3.36 6/22/HI14 AeuMim bNd 7149654237 A"l,wim Ca tbe.2@anahebn.net 92805 City of Anaheim 2015ou1h ].,.my Grean•y UDa S)Phase 2 $ 1],158,908.2) $ 28p8),2S).A8 I116/2015 Anaheim BNd 714-7a-4133 4nahelm Ca j{Haney@anahalm.rwl 92805 Cray of Anaheim 2015ou1h Mary Li UDa60 S 6,59),)22.05 S 5,939,724.91 2/15/2015 Anaheim BNd 714-765 413 3 AnahelmG mli@anaMim.nn 92WS a•m.,e Gry of RNenk• lul4n CArtl mass 951- IniuYatienfor Plata Substation S 1,011,160.00 S 1,062,210.Do 8/30/2017 M11 Adam 826-5937 CJmml 454 Street Rivofka lUrdams@rivanEao. Conversion I Ca 92504 ¢a City of Anaheim 525521fi))1- 201 South Ynb Tnn U0962 Phase 93821500044-03 5/19/mis $ 16,977,77)OO S 15,882,289.36 6/30/2018 Anaheim BNd 7347654273 Anahalm CA wan@enahem,.1 92M City of Anaheim 201 South Ted Mai DBa12 S 2,967,000.00 5 2,983,974.00 9/30/2018 Anaheim BNd 714 7654123 AnahelmG tmai3@avhalm.vl 92805 UNer{rourd City of N•.PP1 Mklvel Smacon U11411 Assestent $ 2.16],8)5.00 S 7,704,451,48 2/20/3020 SW Chi.Censer 949fi44�3342 m Distrpt No.ll) Drh•NewI:OM1 Ina<On@rwwpOnbea Ce 92660 4nta am Ma{ro4a Avmpe City of PN•rsda lulhn Card..,951. and Marlet Pifer OPtk Synal 5 2.244,538.DO S 2,159,639.70 9/4/2019 2911 Adam 82665937 Irate connael Street RN.rsNa 1Gm•vt@meskaca. 4 92504 son,Prq¢t Ow of BiyersM• With C.Phmas 951. Mairolu Ave 2911 Adam 826593) Phase2 S 1,)09489.00 S I,B81,311.09 11/5/2019 Street 0.Nenk• lCam•nn@merskeu. Ca 925Ot say In Progress i of Pr set D tlon Contract Amount started Client Name Conn.Peron City of AnaMlm 201 South Jason Rllbnaa Phumann Trlayla 5 17,197,172.00 On Goin{ Anaheim BNd )14-)654659 Anaheim Ca 2rdlorat.@anahalm.net 92805 Uroeryraurd Ovemead City of Newport Michael Sinacon U1Oty Assessment Utd•nroura S 3A13,399.61 On Gay IW CNk Center 949 -3342 D6Ukt No.116 Utilities DrN*Newison Imaml@newaonbaa U 92W cnca. m Undar{ra.nd" 12"Dinnbutbn Ovy of Anaheim Urdeg0urd Systems, 2015omh Daykl ANaret 562 Dlmkt.50 EPdd Svead@Ms 5 12,499,999.99 06/2018-On Going Anaheim BNd 010 3393 SG ulhtipn,'.'e. AVMimCa daNar•t@anahelm.see: wmers,xin,and .moval of 92805 Pyemead hn6uet Urd•ramurdm¢ 12KV Ddtnbution UMer¢muM Systems, city 4f NewPAn MKM•I Smamri Utddy Aswument IB331 5/19/3020 Sir..I,h,s $ 6,969,J)]]9 On Gay Dina CNk Center %96443342 Dntrkl 4111 UUAO mta Ratuq sannee Dina N•wPAn Inacorl@wPAme. X22 Phase ominr ,ard Ca92660 cbn.na{Pv nmwal of o erhead faol¢4s und•r{nurdir, 12"Distribution Cnyof Urdererdmcl Systems, Manhattan IeH PgaI"1310)802 U11111y Ast•vmenl Strae1411iu S 3,998,090.DO On Going Beach l4N 5358 Ddwet a4 hutallatbn,tank. NyhhM Avenw llijaRa(Eatymb.Info omoslon,tad Manhattan moral of Saasn.CA 90266 oyuhead Naht.as Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. Name of proposed Project Manager Telephone No. of proposed Project Manager: mA,n"c 3-1 Vlt6v c tni Q �L�Si SLT Project Name& Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed 2. -1 J Yn&ym ,� M-A\ Vn Name of proposed Superintendent J Telephone No. of proposed Superintendent: hll )L <As- A � 6LLIW1 �Sl �36V0yv1 clI Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed Project Name&Contract Amount Type of Work Date Completed C-12 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir,ca.gov[DLS EJPublic Works/SB854FactSheet-6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir.ca.gov/P WCRJActionServlet?action=displayP WCRegistratioriForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Con ctor B Date: Title PWC Registration #: 1.CQQ.Q:S.1-.A1................................ C-13 No. 6516 STA'I'1•: OF CAI.I MIZINIA DEt'.AR"J'1Vli+.tNT O I_NSUTtANCE SAN FRANCISc( AI„(nded Certificate cot' Atothority THIS AID CF NFV 'that,pw,,,m rba lrlsuranre CnJe o%du;.STnn;nj('nli/brnia, Travelers C-11(do;and Surep,Compm{r nf:I meriva( of flurifin"d. Colaul('licul, nr_q;lr.r_er!rrnrlcr rife Inns of Connera<'It!, 'nbjeef to it -L'dc(es of btrvn'pnra(ir+n fit alhPi/Itnrf<nlL'l!!n1 ingnai_alimml daPunl P.!lIF, is/terehl aathol'ised Iu a'unstnl milhin Ihis$late, udyu('1/O(it/ lonvi.rian.>a)-ddy C.'crti/i(.'rrL:, rhe�dluu'fuy clrevsrs oj'in.yla aace. Fire, d'l urine,S III vlr, DUHhHily, flair Glasx,I.iabi I ih', \Vorl:m's'Cnmpvu sa(i nu, Cnnunun Carrier I.IubHhy, Holler and Nhwhh wry, Ilurghry,Credit,Sprinkler, Team:lit(I Ve II is le,Alt I(nnnI,i l v,A I*eI'o It,;tad Pi iSecl hill sauc ass such rlaswi are not,,or may hercofir he Qua(l AMP Insul'oo(:e Lulls of Ili(, n/Cnlfibreia. 'I If IS CER III IG\T I'is e.',Preiv v randitinned upon the Mohler Ile,inuj*null and he,caft✓r hem,nr(id/ rnapliunce with all. and Inn in I Adfaion n(nm'. n%the of;ldicabhe/fans amj hm fnf r'efl,ir'nrm Its nmde runh, authority•of Ili!Imes nfrlua J'rart<ufC.'uli/nntit,as hnig(6 sil(Ih lei n s ur i o,in il'(ml('JII.f Itl'e it,(!he'll Ind aI D,jnahie, and as stick I,tit s and reylrirrmeats nno'r.re, nr mq1•laaeafrer lie c'hun;vl Of amended. IN WIT\gfSS N'IiI!RF0Iw. clfertivc 'IN ol'dle. isu dal of.Irr!I'. 1197. 1 /carve hcanuuu scf qv hand and caused on'ol%jrial.seul to be infixed/hiss 16M dgv(J Juan, 107, Fee S92.00 Chuck Qu.iskulbuxh In:uunoe f nn:mnwui;r Rev. No. filed 50857 /(I Fin¢v'iu S. .SidIna nnpnrr Cer:lflroriun 1. fife undersigned bl,sn'nnry Cnuuuis.eimia'of the Sale of Calyn,ma. in hertbv rv,1d;,Ihal I hnre ry unpru'c'tl the.whore c(:pv nfCtrti/icnle nf'.I nharim bilk(he duplierur.. r rigtn(d flat,on life in I'll ok)irc. runt viral the v n e is a Jidl, ante, and currerf n'tln.va'iil Met"eof. and !/fho• it ho/;: hydirare. mid said C'rl lid,am nJa(whorn)'is now in f dl fin re nnrf•.f)ias. IN WITNESS WI'I ERF.OF,I have hermulm se!IT,hand and rani nq'of ,:AI Void m he ufli.ved this 5141 dnv of Derenthei% 2007. ,Sleve porner n„...enrc('nmu�ini:m:r m \ Tindall. D'?urb'uu BID BOND Travelers Casualty and Surety Company of America Hartford, CT 06183 KNOWN ALL BY THESE PRESENTS, That we, ASPLUNDH CONSTRUCTION, LLC as Principal, and Tra,clersCasnau, ,ndsvetycumnam nfAmerica , as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, In the SUM Of Ten Percent of Amount bid Dollars ( 10%of Amount Bid ) forthe payment of which we bind ourselves, and our successors and assigns, jointly and severally, as provided herein. WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a Contract for Downtown Fiber Ootic Communications-C C No 1621 ("Project"). NOW, THEREFORE, the condition of this bond is that if Obligee accepts Principal's bid, and Principal enters into a contract with Obligee in conformance with the terms of the bid and provides such bond or bonds as may be specified in the bidding or contract documents, then this obligation shall be void; otherwise Principal and Surety will pay to Obligee the difference between the amount of Principal's bid and the amount for which Obligee shall in good faith contract with another person or entity to perform the work covered by Principal's bid, but in no event shall Surety's and Principal's liability exceed the penal sum of this bond. Signed this sth day of April , 2021 ASP LUND CONS UC ION,LLC P incipal) By: �� curt f r sac q �t Scc'� i 'Il':a T. tien cf alsu: lw;md Surety ccoompati) f America By: Attorne in-Fact Patricia A. Rambo , y- Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies'),and that the Companies do hereby make,Constitute and appoint Patricia A.Rambo of Philadelphia, Pennsylvania their true and lawful Attorney-in-Fact 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 3rd day of February, 2017. o��� *naar-cRc,4: IC caws+a�jjj �'LO'IH.`Ii COFN.r .F P '1L SIAI �S V State of Connecticut By. '- City of Hartford ss. Robert L.Raney, Sehfbr Vice President On this the 3rd day of February, 2017,before me personally appeared Robert L. Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surely Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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. o7R My Commission expires the 30th day of June,2021UAA Mane C.TeOUV-A- C treauit, Notary Public ,ems This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance 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 remains in full force and effect. Dated this 9TH day of APRIL 2021 � ntsrraq)5 ',x.wrrau.L. �''rxvaA.t� G✓ �t caw. a ca+n e Kevin E. Hughes,Assistant Secretary To verify the authenticity of this Power ofAttorney,please call us at 1-800-411-3880. Please refer to the above-named Attorney-in-fact and the details of the bond to which the power is attached. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - PRINCIPAL A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy, or validity of that document. State of u,U C i k County of {{5i l��Cl V, On q1 I before me. S(iSeun l_Upn I_LL}fU ,: . Notary Public, personally appeared /c)6(S1_4bo 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. Signature SignWtur6 of otary Public SUSAN LYNN LATTUCA Notary Public. State of New York Registration #01LA6360996 Qualified In Suffolk County Commission Expires July 3, 2021 CALIFORNIA ALL` P-URPOSE iACKNOWLED4GMENT y r SURETY, A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validitv of that document. State of' New Jersev Coin fv of Camden On l �� Q �y I before me, Lori S. Shelton. Notary Public, personalh appear d Patricia A' Rambo who proved to me on the basis of satisfactory evidence to be the person(s) whose namc(s) is/are Subscribed to the within instrument and acknowled¢ed 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 PEN'AI,TY OF PERJURY under the Taws of the LORI S. SHELTON State of-NEW JERSEY that the foregoing paragraph is true and NOTARY PUBLIC OF NEW JERSEY correct. Comm.# 50066039 uy Commission Expires W2112022 Wl'FNiESS my hand and official seal. Signature L C, ignature o Notar} Public r A-PLIiNUIlCONSTRUCTWN ' �`"m�..:��, .a....._,.•1 Fihc �plz Caw�ur�cc.�r-� r I�52,M. `-De�.�..}��•�Y oil;� Coy S_� N��� Ds�t�tE�T [� o�► c� oF� Cny C�-t�k, 2r�o �la�� ��, Sc cov�el door i . City of Huntington Beach .�.,..: - 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ iNr", v.huntingtonbeachca.gov Office of the City Clerk i Robin Estanislau, City Clerk August 3, 2021 Crosstown Electrical & Data, Inc. 5454 Diaz Street Irwindale, CA 91706 RE: Fiber Optic Communications for Downtown Fiber Optic Communications — CC No. 1621 Enclosed please find your original bid bond for CC-1621. Sincerely, 440L, 9'4¢4, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE For the Construction of Downtown Fiber Optic Communications—C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 13, 2021 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) PART 1 — GENERAL PROVISIONS, SECTION 5—LEGAL RELATIONS AND RESPONSIBILITIES, 5-7.9.1 —SAFETY, Work Area Traffic Control, General The following paragraph shall be added after the thirteenth paragraph: In the area between Pacific Coast Highway and the Pier, all excavations shall be backfilled or plated at the end of each work day. Vehicular access must be maintained on to the pier at all times. All barricades must be removed and a level walking surface must be in place on Saturdays and Sundays. This is to acknowledge receipt and review of Addendum Number T ee, at a e CROSSTOWN ELECTRICAL & DATA, INC. Company Name By 4/19/21 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. For Addendum questions, please call William Janusz at (714) 374-1628 within 24 hours of posting. SECTION C PROPOSAL for the construction of Fiber Optic Communications for Downtown Fiber Optic Communications —C.C. No. 1621 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 75 working days, starting from the date of the Notice to Proceed. The undersigned acknowledges that the issuance of Notice to Proceed will occur in October 2021. 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 re-advertise 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 10% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's l nature 1 4/9/2021 2 4/14/2021 3 4/14/2021 C-2 SECTION C PROJECT BID SCHEDULE A Downtown Fiber Optic Communications—C.C. No. 1621 BID ITEMS `:1teID�' Y'„ i'afwlz-li `.jR'>,•�7f f� .�-„'- �,1 'x2Wn <4`�'�43i€.:r1. k t`4.` Ot81:(iOStj"-t;' ND �5;�"_`�,d'"�'°.yi��.'i �DyC.9��--- 2 '3`-��.'�..I`;v,�� x'��15"a9",e4 b'.Ult�C_3 p1�OSf-a.�Si Zt�i0 2s 1 Mobilization (including Caltrans I LS $ .a—S_Co $ S 00 Encroachment Permit,Coordination 2 Traffic Control I LS $ 1 G(l Preparation of Project Specific Storm 3 Water Pollution Prevention Plan (SWPPP) I LS $ 500 and Water Pollution Control Program -1- WPCP (per Caltrans Involvement 4 Installation and Maintenance of BMP's per I LS $ 00 $ 00 the approved SWPPP and WPCP 5 Furnish and install 2" Sch. 80 PVC 11,266 LF $-Sf $ 3gL� l0 conduit, pull tape+ tracer wire 6 Furnish and install 1.5" HDPE Innerduct 150 LF $ $ and pull tape 2 Furnish and install 3" rigid steel conduit, 35 LF $ -�t b' $ S pull tape + tracer wire 8 Furnish and install 45 Degree 3" L.B. 5 EA $ J $ b0 9 Furnish and install No. N40 Pull Box/ 12 EA $ bUJ $ "IA uo_ Splice Vault 10 Furnish and install No. 6E Pull Box 1 EA $X�a $ 11 Furnish and install No. 6 Pull Box 44 EA $ T�(�J $ 12 Furnish and install No. 6T Pull Box 1 EA $ �._lO $ 1 b 13 Remove and salvage existing pull box 2 EA $ SO $ 7 0 0 C-2.1 "Items +` 4 a tik' c x' L Toth] cwt"'A g Descnption2 •$� �� , j Quantity uUnrt Ny unit Cost xtensi nj�''' ,hd:�i Eatens�oa �*za� 14 Install Conduit into Existing Pull Box 2 EA $ 36_ $ 15 Connect new conduit to existing conduit 2 EA $ HOC $ '6 U6' Furnish and install 144 strand Single Mode 16 Fiber Optic Cable+ pull tape in 12,112 LF $ existing/proposed conduit Furnish and install 12 Strand Single Mode by 17 Fiber Optic drop cable + pull tape in 2,037 LF $ $ existing/proposed conduit Furnish and install 72 Strand Single Mode qj 50 18 Fiber Optic drop cable + pull tape in 350 LF $ 3 $� existing/proposed conduit Furnish and install underground Fiber — 19 Optic Splice Enclosure. Perform splice of 9 EA $tom $ fiber optic cable(s) 20 Furnish and install 12/24 Port Fiber Patch 8 EA $ 3S $ 0 �� Panel complete. Terminate fiber optic cable Furnish and install new 144 port Fiber 21 Distribution Unit (FDU) complete (rack 1 EA $ $ G mount) Furnish and install new Ruggedcom Rack — 22 Mount Ethernet Switch, SFP modules, 2 EA $ power supply and patch cords complete 23 Remove and salvage Yagi antenna 1 EA $ $ CJa 5 Install Type 332L Cabinet (City Furnished) 24 and Construct Foundation (Including 1 EA $ l S 000 $ Oth) Conductors and Cables, Bonding and �— Grounding Complete) Relocate existing 170E controller to new 25 332L Cabinet (including MMU and 1 EA $ • OU $ UIJ Furnishing and installing 170E Ethernet Modem Card 26 Furnish and install 19" wall-mounted I EA $ SO $ server rack enclosure 27 Perform Traffic Network System I LS $ Integration C-2.2 �Total cbsV� Quantity ,��easy �6�14M gv Mxtenslon)%kf�. V$4 em 0 Desch iiii&X, 28 Test Network Communications and System LS $ $ Documentation 29 As-Built Plans 1 LS $ 600 $ Wl1 TOTAL BID AMOUNT-SCHEDULE A (BASIS OF AWARD) $ -A TOTAL BID AMOUNT IN WORDS: Note: Refer to Section 7, Measurement and Payment. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The owner reserves the right to reject any or all proposals and bid items. PROJECT BID SCHEDULE B Downtown Fiber Optic Communications- C.C. No. 1621 ADDITIVE ALTERNATIVE BID ITEM NO. I Ite Total Cost s m E t:cosON WUni tit.--��3? I Fiber Optic communications from Police I LS $ 4,11A $ 6 U Substation to Downtown Parking Structure I TOTAL BID AMOUNT-SCHEDULE B(ADDITIVE ALTERNATIVE BID ITEM NO. 1) -7 TOTAL BID AMOUNT IN WORD I: ':L�44 Vvt' ACA1Cos Zr'(� C-d'J' 'j- Note: Refer to Section 7, Measurement and Payment. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The owner reserves the right to reject any or all proposals and bid items. C-2.3 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. Bid ' Name and Addreis of Subcontractor State Class Dollar % of Item(s) 'License Amount Contract Number NOu� By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 4119l21 at IRWINDALE CA Date City State DAVID P. HEERMANCE being first duly sworn, deposes and says that he or she is PRESIDENT of CROSSTOWN ELECTRICAL a DATA 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. DAVID P. HEERMANCE Name of er igna o Bidder 5454 DIAZ ST., IRWINDALE,CA 91706 Address of Bidder C4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Fiber Optic Communications for Downtown Fiber Optic Communications — C.C. No. 1621, (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. CROSSTOWN ELECTRICAL 8 DATA, INC. Contractor ; f DAVID P. HrMMANCE PRESIDENT Title Date: 4/19/2021 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, 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. NIA Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. 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. CROSSTOWN ELECTRICAL 8 DATA, INC. Contractor y PRESIDENT Title Date: 4/19/2021 C.7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: CROSSTOWN ELECTRICAL&DATA, INC. Bidder Name 5454 DIAZ STREET Business Address IRWINDALE CA 91706 City, State Zip ( 626 ) 813-6693 Telephone Number 756309 A, C-10 State Contractor's License No. and Class 11/1811998 Original Date Issued 11/30/2022 Expiration Date The work site was inspected by MIKE CUELLAR of our office on APRIL 7 12021 The following are persons, firms, and corporations having a principal interest in this proposal: CROSSTOWN ELECTRICAL & DATA, INC. DAVID P. HEERMANCE - PRESIDENT WFNnY DARKFR - \/I('F PRFCIr1FNT I ANDREA HEERMANCE - SECRETARY BEN HEERMANCE - CFO I C-8 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. CROSSTOWN E IC L 8 DATA, INC Company N e Signature of Bi er DAVID P. HEERMANCE Printed or Typed Signature Subscribed and sworn to before me this 19th day of APRIL 20-Z1. NOTARY PUBLIC SEA i�hr KE- D NOTARY SEAL C-9 NOTARY CERTIFICATE Subscribed and sworn to before me this_a day of April , 20_Z1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document. State of California ) County of Los Angeles ) On April 19, 2021 before me, Shalea Berry, Notary Public Month, Day, and Year Insert Name and Title of Notary personally appeared David P. Heermance Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. sH.:E.a WITNESS my hand and official seal. Nolsry P_0¢ cli G�KMnu I t lm♦�geet(arty I Co—^vaon a 11/t U1 - / ry Camm.CaD�rf rY t6.I013 Signature j Si of Notary Public (PLACE NOTARY SEAL ABOVE) C-10 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of underground signal conduit, and the installation of fiber optic cable for communication. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: I CITY OF SANTA CLARITA, 23920 VALENCIA BLVD., SUITE 300, SANTA CLARITA CA 91355 Name and Address of Public Agency Name and Telephone No. of Project Manager: CESAR ROMO 661.286.4002 $843,589.00 FIBER/COMMUNICATION 7/17 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: FURNISH AND INSTALL FIBER SPLICE CLOSURES AND FDl1'c PERFORM Al I SPI ICING TFRRAINATInN AND TESTING FURNISH AND INSTALL ETHERNET SWITCHES BOSCH CCTV CAMERAS AND VIDEO MANAGEMENT SYSTEM. 2 OCTA-ORANGE COUNTY TRANSPORTATION AUTHORITY, 600 S MAIN ST., ORANGE, CA 92863 Name and Address of Public Agency Name and Telephone No. of Project Manager: AMY TRAN 714-560-5379 $ 1,586,844.00 FIBER/CABINETS/PULL BOXES/CONTROLLERS 5/18 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: FURNISH AND INSTALL PULL BOXES, CONDUIT FIBER OPTIC CABLE, URES, VAULTS, UPS UNITS AND ETHERNET SWITCHES. PERFORM SPLICING TERMINATION AND TESTING OF FIBER CABLES, 3 CITY OF LANCASTER,44933 NORTH FERN AVE,, LANCASTER, CA 93534 Name and Address of Public Agency Name and Telephone No. of Project Manager: KENJI STILES 661-802-8021 $2,241,410.00 FIBER/CCTVIWIRELESS COMMUNICATIONS 9/18 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: FURNISH AND INSTALL CONDUIT, FIBER CABLE. PERFORM SPLICING FURNISH AND INSTALL ET SWITCHES,VIDEO SURVEILLANCE, CCTV AND WIRELESS COMMUNICATION. C-I1 (./71 .(7Gi ! 1 ElortricalL Data.by REFERENCES ORGANIZATION'S CONTACT PERSON/TELEPHONE BRIEF DESCRIPTION OF PROJECT/PROJECT DATE OF NAME/ADDRESS M VALUE PROJECT City of Los Angeles Manoocher Adhami Adaptive Traffic Control System — Phase 2: It/17 to 5 18 Furnish and install a new CCTV cameras at 106 100 S. Main St. 626-2554592 locations. Furnish and install new video Los Angeles,CA transmitters,receivers video mux/demux units, 90012 \lan,xx:hchradhami a Iaatn oxc and matrix switches. Provide fixed point cellular wireless modems at 19 intersections. Perform fiber optic splicing,termination and testing. -$2 030 750.00 City of Bakersfield Mike De La Cruz Traffic Signal Interconnect—Part 14— I 1/17 to 4/18 Furnish, install, splice.terminate and test fiber 1501 Truxtun Avenue 661-326-3175 optic cable,famish and install(4)CCTV Bakersfield,CA 93301 cameras,and(10) Hardened Gigabit Ethernet mdelacm a bakcrsfiei4gty.u, Switches-$165.802.50 Orange County .Amy Tran Chapman Ave. Traffic Signal 9/17 to 5118 Transportation Synchronization Project— Furnish, install, Authority(OCTA) 714-560-5379 splice, terminate and test fiber optic cable, furnish and install CCTV camera systems,video 600 S. Main St. atran(aa octa.net detection systems, Ethernet switches, Orange,CA 92863 controllers, EVP systems,and Ped Signals- $1,586,844.47 City of Santa (larita Cesar Romo Intelligent Transportation System—Phase I% 10/16 to 6117 - Furnish and install fiber splice closures and 23920 Valencia Blvd. FDU's,perform all splicing, terminating and Santa Clarita,CA 661-286-4002 testing,Furnish/Install Ethernet switches, Bosch 91355 CCTV cameras and Video management system, romo(asanta-clanta.com Perform system testing and integration- $764 475. Cofiroule USA Shane Savgur SR-91 Corridor Improvement Project- 11 a n• < I- Fumishilnstall fiber optic cable, perform 20 Pacifica,Ste 420 49-75"198 splicing,termination and testing. Fumisivinstall Irvine.CA 92618 communication equipment including Cisco .savgur(acofirouteusa.com network switches. Perform system integration and testis -$I 84l 825. DEPARTMENT OF MIKE FARDOUN CALTRANS CONTRACT 07-3X9104 11/15 TO 6/17 TRANSPORTATION, 1041 W. BADILLO ST., 626-339-1601 X119 INSTALL TAMPER PROOF PULL BOXES AND FURNISH STE 112,COVINA,CA AND INSTALL LED LIGHTING CONVERSION AT 91722 APPROXIMATELY 500 LOCATIONS.$6,293,402.50 Orange County Amy Tram OCTA Pacific Coast Highway TSSP—Fumish 1/18 to 7118 Transportation and install conduit,pull boxes,fiber optic cable, Authority(OCTA) 714-560-5379 vaults,splice closures,patch panels. Perform fiber splicing,termination and testing. Install 600 S. Main St. atran(a octa.net CCTV cameras. -$706,676 Orange,CA 92863 Orange County Amy Tran OCTA Alicia Parkway RTSSP, Laguna 5/18 to 9/18 —Transportation Niguel—Furnish and install pull boxes, Contractor's License Number 756309 DIR Registration No. 1000000155 5454 Diaz Street Irwindale, CA 91706 Phone: (626)813-6693 Fax(626)869-0192 C CA 1 / l Fkx:trkc, l4 D.atn.Ir K, Authority (OCTA) 714-560-5379 conduit. fiber optic cable. patch panels, splice closures. vaults. UPS units, and 600 S Main St. atran(0)octa.net Ethernet switches Perform splicing, Orange. CA 92863 termination and testing of fiber cable - $589,307.56 DEPARTMENT OF Bernard Alonzo Caltrans Contract 07-308604 - Upgrade 1 17 to 2 19 TRANSPORTATION, Ramp Metering System: Furnish and 1041 W BADILLO 562-345-3145 install ramp metering system, conduit. pull ST . STE 112, boxes, lighting, fiber, tracer wire. COVINA, CA 91722 Bernard.y.alonzo@dot.ca.gov communication equipment - $3,136,844.77 Job#3368 DEPARTMENT OF Paul Wang Caltrans Contract 07-293804- Route 10/16 to 5/17 TRANSPORTATION, 110/405 - Furnish and install conduit, pull 13230 Firestone 562-345-3144 boxes, cabinets, foundations, innerduct. Blvd , Unit #E2-F2 fiber, communication equipment. perform Santa Fe Springs. Paul.wang@dot.ca.gov striping, traffic control - $2,229,198.37 CA 92670 Contractors License Number 756309 DIR Registration No. 1000000155 5454 Diaz Street Irwindale, CA 91706 Phone. (626)813-6693 Fax(626)869-0192 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1 HUGO GODINEZ Name of proposed Project Manager Telephone No. of proposed Project Manager: 626-813-6693 INTELLIGENT TRANSPORTATION FIBER, COMMUNICATION, SYSTEM, PHASE IV, $764.475 CCTV 6/2017 Project Name & Contract Amount Type of Work Date Completed ITS PHASE IV-A ADDENDUM FIBER, PULL BOXES, CONDUIT PROJECT, $754,675 SWITCHES, TESTING 10/2019 Project Name & Contract Amount Type of Work Date Completed CALTRANS CONTRACT 1 1-41 5504, $2.9 MILLION UPGRADE TRAFFIC MGMT. CENTER 2017 Project Name & Contract Amount Type of Work Date Completed RICARDO AVILA 2. Name of proposed Superintendent Telephone No. of proposed Superintendent: 626-813-6693 ITS PHASE IV-A ADDENDUM FIBER, PULL BOXES, CONDUIT PROJECT, $754,675 SWITCHES, TESTING 10/2019 Project Name & Contract Amount Type of Work Date Completed OCTA CHAPMAN AVE_ $ 1,586,B44.00 FIBER/CABINETS/PULL BOXES/CONTROLLERS 5/18 Project Name & Contract Amount Type of Work Date Completed CALTRANS CONTRACT 07-308604 FURNISH/INSTALL RAMP $3,136,844 METERING SYSTEM, CONDUIT PULL BOXES LIGHTING FIBER SWITCHES 212019 Project Name & Contract Amount Type of Work Date Completed C-12 RICARDO AVILA GOLi71 SUPERINTENDENT ElectrralL ' Data.Yr. 5$51 Drat St . vw rda'e. C:. it i0i 626.813.6693 • 626-869-0192 Fax • Ricardo.Avda@crosstowndata com EDUCATION Electrical Training Institute, State Certified Electrician, 2013 Los Angeles Trade Technical College, Electrical Construction and Maintenance Certificate CERTIFICATIONS • OSHA 10/30 Certified • lead and Asbestos Certified • Trench Excavation Safety Trained WORK HISTORY Crosstown Electrical & Data, Inc.—Superintendent 2009—Current • Supervise multiple crews for construction and electrical installations from start to finish. • Procure material for projects as required. • Communicate with Owners and General Contractors to meet project goals and deadlines. • Manage project budgets and perform tracking of all Time & Material work. • Utilize an in-depth knowledge of various construction plans, products and supplies to maximize project effectiveness and profitability. • Strive for all projects to come in on time and within budget at completion. • Coordinate construction schedules with general contractors. • Utilize expertise in the installation of conduit, pull boxes, fiber optic cable, copper cable, wire, traffic signals, cabinets and various other skills to perform field work and to train others. RECENT REFERENCE PROJECTS: • OCTA Adams Ave RTSSP Project (Huntington Beach) • OCTA Newport Ave/Blvd Corridor TSSP (City of Tustin & County of Orange) • OCTA Bristol Street RTSSP (Newport, Costa Mesa & Santa Ana) • OCTA Chapman Corridor TSSP (Garden Grove, City of Orange, & County of Orange) • Caltrans Contract 07A3661-C— Electrical System Restoration to As-Build Condition in Ventura County. • Caltrans Contract 07A3662-B— Electrical System Restoration to As-Build Condition in Los Angeles County. • Caltrans 07-293804 — Modify Communication System at Route 110/405 separation to Imperial • Caltrans 07-308604 — Upgrade ramp metering systems ' HUGO GODINFZ PROJECT MANAGER (:, tricall ' Clata,M. ;.: , : _, .a �: . A A 91706 626-813-6693 • 626-869-0192 Fax Hugo(&crosstowndata rom EDUCATION California State University, Long Beach, Construction Engineering Management, Bachelor of Science, 2012 WORK HISTORY Crosstown Electrical & Data — Project Manager 03-2016 —Current • Develop and build strong teams for each project while delivering quality output, meeting customer expectations, managing to scope, delivering on time, and delivering within budget. • Drive project profitability through effective project execution. • Review the overall contractual requirements for all projects and specific process design methodology for individual projects as required. • Ensure schedule requirements are met for all projects. Readily adjust priorities and milestones based upon changing customer needs, resource availability, and job requirements. • Interact with the customer to validate expectations are understood and met before, during and after project completion. • Attend Pre-construction meeting and field meeting to discuss schedules, changes, and deliverables with GC, owner and/or owner's representative. • Manage project review process with particular emphasis on financial forecasting. • Proactively and systematically communicate challenges, risks and successes. • Prepare and initiate cost proposal with GF's input as a result of out of scope work and plan revisions. • Oversee invoice per project terms and negotiate appropriate change orders. • Change order management—administrating, pricing, submission and tracking. • Review plans and bid documents to confirm job costs, budget, profitability and develop schedule of values. • Prepare Baseline Schedule and provide GC/Owner with own updated schedules as needed. • Prepare and track progress payments and estimates • Assist with equipment and material procurement and expediting. • Issue, maintain and close out RFI's. • Maintain project files, records and job revision orders to ensure that contract modifications with GC/Owner are issue in a timely manner. • Subcontract administration—defining scope of work, answering inquiries, monitoring progress, tracking and processing payments. Steiny and Co. — Project Manager 01-2014—3/2016 • Read, Understand, and follow Steiny's Standard Operating Procedures. • Schedule and chair the Project Hand-Off Meeting. • Review and compare the General Foreman and the Estimator material, equipment, and labor take-off. • Generate material requisition for all major purchases; specify delivery releases, submittal(s) and any special shipping requirements. • Review all product data submittal(s) prior to submitting for formal review. • Go through all contractual documentation such as conformed specifications and drawings, contract agreement(s), all applicable specifications, code requirements, permit conditions, standard specifications and drawings. • Request a copy of the baseline and monthly schedule updates from the GC (if applicable). HUGO GODINEZ 71 PROJECT MANAGER Electr L ' Data Inc. 5454 Diet St Irwmddle, CA 91706 626-913 6693 • 626 869-0192 Fax • Hugo@rrosstowndata cot • Prepare a Steiny internal schedule with the GF, and ensure that Steiny's schedule can accommodate the GC's schedule. • Initiate daily discussions with the General Foreman to monitor project progress and identify any potential conflicts and/or issues. • Communicate schedule issues with the GC/Owner and develop solutions for meeting Project Milestones in a timely fashion. • Have an absolute understanding of the estimated budget, actual job costs, and all other elements that affect the profitability and cash flow. TECHNICAL SKILLS: • Software Programs: AutoCad, Revit, Primavera 6, Suretrack, MathCad, Dreamweaver, Java, SQL • Microsoft Office 2013 (Word, PowerPoint, Access, Excel, Outlook) • Bilingual (English/Spanish) REFERENCE PROJECTS • Kraemer Boulevard—Traffic Signal Synchronization (Anaheim, Brea, Orange, Placentia and Santa Ana)—Project management for installation of video detection, CCTV equipment, Fiber, Wireless radios, Traffic Monitoring Sensor, Ethernet Switches. • Caltrans 11-415504— Upgrade TMS Field Elements— Project management for installation traffic monitoring stations, ramp metering system, traffic signals, video wall, photovoltaic System, and the communication hub. • Culver City—CCTV Gap Closure Project— Project Management for the installation of a video management system, CCTV equipment and all communication equipment. • City of Santa Clarita— Intelligent Transportation System Phase IV— Project Management for installation of CCTV and communication equipment. CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.c&gov/DLSE/Public Works/SB854FactShoet-6.30.14.pdf DIR's Contractor Registration Link—Call (944) 522-6734 https://efiling.dir.ca.gov/P WCR/ActionServlet?action=displayPWCRegistrationForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." 1 furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. CROSSTOWN LECTRICAL 8 DATA, IN Cont for By AVID P HEERMANCE PRESIDENT Title �-- --Date: — 4/19/2021 PWC Registration #: ... 1000000155.................................................................... C-13 Bid Bond Bid Bond Number.CSBA-17313 CONTRACTOR: SURE"I'ti': (INTame,legal starer and addnts) (iNamr, legal status and p inrrpal plare a)business) Crosstown Electrical&Data,Inc. Fidelity and Deposit Company of:.landand 5454 Diaz Street 777 South Figueroa Street,Suite 3900 Irwindale,CA 91706 Los Angeles,CA 90017 OWNER: This document has important legal (Name, legal status and addeess) consequences. Consultation with City of Huntington Beach An attorney is encouraged with respect 2000\taut Street its completion or modification. ffuntington Beach,CA 92643 Any singular reference to Contractor,Surety,Owner or other party shall be considered Plural where applicable. BOND AMOUNT: Ten Percent(109/6)of Amount Bid PROJE(71': Fiber Opde Cornmunicarions for Downtown Fiber Optic Communications—C.C.No. 1621 Project Number,if any: The Conuactor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Conuactor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contmctor either(1)enters into a contract with the Owner in accordance with the terns of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety adnutted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful perfornnance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or(2) pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another parry to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect-The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding scary(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor can this Bond shall be deemed to be Subconuactor and the term Owner shall be deemed to be Contactor. %X'hen this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any provision in this Bond conflicting with said stamrory or legal requirement shall be deemed deleted here from and provisions confomning to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and scaled this 16day of Apal.2021 Crosstown Electrical& Data Inc. (Pinripao ,trio) (IYfrness) (Trrlr) yid e.err unCL; Prt,Slc�enf Fidelity and Deciosit Company of Maryland (Seal) kkis C w (Witness) Melissa Ann Va¢aro (Title)Daniel uckabay,A ev-in-Fact i By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP)(www.nasbo.or¢) makes this form document available to its members,affiliates, and associates in Microsoft Word format for use in the regular course of surety business.NASBP vouches that t the original text of this document conforms exactly to the teat in AIA Document A310-2010, Bid Bond. Subsequent modifications may be made to the original text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 04/16/2021 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Daniel Huckabay 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. ff"= ANN VACCAROWITNESS my hand and official seal. 7.nzaaiay.rublic-calilomia �'CGE COUNTY1/ piies relay 12.2022{ Signatur�2 '�� )�1�CLGC v (Seal) Melissa Ann Vaccaro ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Countyof Los Angeles On April 19, 2021 before me, Shalea Berry, Notary Public (insert name and title of the officer) personally appeared David P. Heermance who proved to me on the basis of satisfactory evidence to be the person(so whose name(sr) is/atw subscribed to the within instrument and acknowledged to me that he/g" r executed the same in hislMW tW authorized capacity(iu), and that by his/fa it signature(C on the instrument the person(g), or the entity upon behalf of which the person(g) 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. SMACEA BERRY Notary Public CLlifornij i byres R r 16, 2023 Signature 1 (Seal) i A Bond No.CSBA-17313 IAN A\I ERICAN INSURANCE COMPANY COLONIAL AAIERICAN CASUALTY AND SURETYCOMP ANY FIDELITY AND DEPOSIT COAIPAYY OF\IARI'L,%ND POWER OF Al"IORNFY KNOW ALL JIEN BY THESE PRFSENIS: 'That the ZURICH AMERICAN INSURANCF COMPANY, it corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURI7TY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the Stare of Illinois(herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V. Section S,of the By-Laws of said Companies, which are set forth on the reverse side hereof mid are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint Daniel HUCKABAY, Dwight REILLY. Arturo AYALA. Shaunna RO"/.ELLE OSTROM. Frank J70RONES. Ben STONC, Michael D. STONG and R. N,UTI,all of Oram;e, California,EACH its true and lawful agent and Attorney-in-Fact, to make,execute,seal and deliver, for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,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 ZURICH AMERICAN INSURANCI? COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AAIERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills.Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V. Section 3, of the By-Laws of said Companies,and is now in force. IN WITNFSS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICA.N INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COJIPANY OF MARYLAND:this 15th day of January, A.D. 2020. OtAL vas'� aveay A'1TEST: '!.URICH Ad1ERICAN INSURANCE COMPANY COI,ONIAI.A\It.RIC.ANCASIbU;I'YAND SURt; YCOJII'ANY' FIDELITY AND DEPOSIT COMPANY OF MARYLAND Bic Robert D.:Tfurrav Vice President J --L>CLtvlL A, 6Ci Y` BY: Dtrivn E. Brown Secretary State of Maryland Count{ of Baltimore On this 15th day of January, A.D. 2020, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D.Murray, Vice President and Dawn E. Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of mme,and being by me duly swam,deposeth and saah,that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding inswment are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A.Dunn,Notary Public hfy Commission Expire:July 9,2023 ••",u ua•o EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V. Section 8.Attomevs-in-Fact.The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned. Secretary of the ZURICH ANIERICAN INSURANCE COMPANY, the COLONIAL AMERIC.IN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this cenificate; and I do further certify that Article V, Section 8, of the By- Laws of the Companies is still in force. This Power of Attomev and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the-Z_UIUCH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the Uth day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any cenificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company.•• This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERIC.AN CASUALLY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President. Secretary, or .Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of atiomey issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN'FESTLbIONY WHEREOF,1 have hereunto subscribed my name and affixed the corporate scads of the said Companies, this 16th day of April , 2021 0-e �3;=�LIe)�(�_� By: Brian M. Hodges Vice President TO REPORT A CLAIbI wint REGARD TO A SURETY BOND- PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE HE CLAM INCLUDING THE PRINCIPAL ON TIIF IIOND,THE BOND NUD1BER,AND YOUR CONTACT INFORMATION TO: - Zurich Surem,Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.repo rtsfc I aims(dzurichna.co m 800-626-4577 �r�sstor-ui! Electrical`�Data.lnc. 545 Diaz St. (rwindale,CA 91706 F CITY OF HUNTINGTON BEACH OFFICE OF THE CITY CLERK f; 2000 MAIN STREET, SECOND FLOOR HUNTINGTON BEACH, CA 92648 q)20 "SEALED BID" 1 .21D ' G CS 6 `"F)( FOR IBER OPTIC COMMUNICATIONS ! FOR DOWNTOWN FIBER OPTIC COMMUNICATIONS-C.C. NO. 1621 IN THE "*CITY OF HUNTINGTON BEACH-DO NOT OPEN WITH REGULAR MAIL** BID DATE: TUESDAY, APRIL 20, 2021 @ 2:00 PM City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ %N1Niv.huntingtonbeachca.gov Office of the City Clerk i Robin Estanislau, City Clerk August 3, 2021 DBX, Inc. 42024 Avendia Alvarado, Suite A Temecula, CA 92590 RE: Fiber Optic Communications for Downtown Fiber Optic Communications — CC No. 1621 Enclosed please find your original bid bond for CC-1621. Sincerely, �� �&¢anoj� Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For the Construction of Downtown Fiber Optic Communications- C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 8. 2021 Notice To All Bidders Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) PART 1 - GENERAL PROVISIONS, SECTION 5-LEGAL RELATIONS AND RESPONSIBILITIES, 5-7.9.1 - Work Area Traffic Control - General The following paragraph is deleted from Section 5-7.9.1: Prior to the beginning of work,the Contractor shall execute the provided construction traffic control plan prepared per current AGENCY guidelines to safely prosecute the construction work involved with a minimum of inconvenience to the motoring public. The following shall be inserted in place of the deleted paragraph: Prior to the beginning of work on Pacific Coast Highway, the Contractor shall execute the construction traffic control plan prepared in conformance with the provisions of SECTION 7 - MEASURE AND PAYMENT, Section 7-3.3 Payment Bid Items for Bid Item No. 1 - Mobilization. 2) PART 1 -GENERAL PROVISIONS, SECTION 7 -MEASURE AND PAYMENT, 7-3.3 - Payment Bid Items, Bid Item No. 18 - Furnish and Install 72 Single Mode Fiber Optic (SMFO) Cable with Mule Tape and #10 AWG Tracer Wire The second sentence of the third paragraph shall be deleted: Fiber optic cable shall be twelve (12)-fiber as indicated on the plans, dielectric single mode, loose tube, and rated for using in underground systems. The following shall be inserted in place of the deleted sentence: Fiber optic cable shall be 72-fiber as indicated on the plans, dielectric single mode, loose tube, and rated for using in underground systems. This is to acknowledge receipt and review of Addendum NuWt721 One, dated above DBX, Inc. / Company Name 04/19/21 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal For Addendum questions, please call William Janusz at (714) 374-1628 within 24 hours of posting. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For the Construction of Downtown Fiber Optic Communications- C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 13, 2021 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions 1) PART 1 - GENERAL PROVISIONS, SECTION 5- LEGAL RELATIONS AND RESPONSIBILITIES, 5-3 - LABOR The following section and paragraph is added: Section 5-3.1 - General: (Add the following:] All workers that need to enter the Police Department substation facility will need to submit to a background check. They must have no felony convictions. Misdemeanor convictions will be evaluated on a case by case basis by the watch commander. Workers will need to be escorted at all times while inside the facility. The contractor shall coordinate with the Public Works Contract Administrator a minimum of three working days prior to entry into the Police Department facility. This is to acknowledge receipt and review of Addendum Numb Two, dated above. DBX, Inc. Company Name y 04/19/21 Date All bidders must acknowledge and include the receipt of this Addendum with Your bid proposal. For Addendum questions, please call William Janusz at (714) 374-1628 within 24 hours of posting. City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 536-5431. Fax (714) 374-1573 ADDENDUM NUMBER THREE For the Construction of Downtown Fiber Optic Communications- C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 13, 2021 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications. and Special Provisions' 1) PART 1 - GENERAL PROVISIONS, SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES. 5-7.9.1 - SAFETY. Work Area Traffic Control, General The following paragraph shall be added after the thirteenth paragraph: In the area between Pacific Coast Highway and the Pier, all excavations shall be backfilled or plated at the end of each work day. Vehicular access must be maintained on to the pier at all limes. All barricades must be removed and a level walking surface must be in place on Saturdays and Sundays. This is to acknowledge receipt and review of Addendum Number Three, dated above DBX, Inc. JA4MAA 0- Company Name y 04/19/21 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. For Addendum questions, please call William Janusz at (714) 374-1628 within 24 hours of posting. SECTION C PROPOSAL for the construction of Fiber Optic Communications for Downtown Fiber Optic Communications —C.C. No. 1621 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 75 working days, starting from the date of the Notice to Proceed. The undersigned acknowledges that the issuance of Notice to Proceed will occur in October 2021. 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 re-advertise 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 l0%of bid amount 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 "Bidders Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Dare Received Bidder's Si nature 1 04/08/21 2 04/13/21 04/13/21 C-2 SECTION C PROJECT 131D SCHEDULE A Downtown fiber Optic Communications— C.C. No. 1621 BID ITEMS 1tCm s•- i llescnptront Quantity Unit 7 Unit Cost No _. :r'•_ _. .Y ,t.. 1 Mobilization (including Caltrans 1 LS $8,500.00 $ 8,500.00 z Encroachment Permit Coordination 2 Traffic Control I LS $ 12,000.00 S 12,000.00 Preparation of Project Specific Stonn 3 Water Pollution Prevention Plan (SWPPP) I LS $7,500.00 S 7,500.00 and Water Pollution Control Program WPCP (per Caltrans Involvement 4 Installation and Maintenance of BMP's per I LS $ 2,500.00 $ 2,500.00 the approved SWPPP and WPCP 5 Furnish and install 2" Sch. 80 PVC 11,266 1_F S 28.00 $315,448.00 conduit, pull tape + tracer wire 6 Furnish and install 1.5" HDPE hmerduct 150 LP S 110.00 $ 16,500.00 and pull tape 7 Furnish and install 3" rigid steel conduit, 35 LF $ 320.00 $ 11,200.00 pull tape + tracer wire 8 Furnish and install 45 Degree 3" L.B. 5 EA $350.00 S 1,750.00 9 Furnish and install No. N40 Pull Box/ 12 EA $ 1,600.00 $ 19,200.00 Splice Vault 10 Furnish and install No. 6E Pull Box 1 EA $ 1,800.00 $ 1,800.00 11 Furnish and install No. 6 Pull Box 44 EA S 1,550.00 $ 68,200-00 12 Furnish and install No. 61' Pull Box I EA $ 1,800.00 $ 1,800.00 13 Remove and salvage existing pull box 2 EA $ 250.00 $500.00 C-2.1 tyUnitfi it' f.rs� rTUtdltCOSt��F:' >Itemk aa�' ry`�.x � '* .rivSk'rR' , ,. ;eF nahtltUnit7a Unlb.Cost' "1�� ss„srSN ' -v . �. ,n, , � Tescrlptlonllss�rc tv, qxQ Y5� Y L �fe .11+.ar;l's-.�r..t. ....,J'.n. t4 Install Conduit into Existing Pull Box 2 EA S 1,500.00 $3,000.00 15 Connect new conduit to existing conduit 2 EA S 1,500.00 $3,000.00 Furnish and install 144 strand Single Mode 16 Fiber Optic Cable+ pull tape in 12,112 LF $ 4.00 $ 48,448.00 existing/ ro osed conduit Furnish and install 12 Strand Single Mode 17 Fiber Optic drop cable + pull tape in 2,037 LF $ 3.00 $ 6,1 l 1.00 existing/proposed conduit Furnish and install 72 Strand Single Mode IS Fiber Optic drop cable + pull tape in 350 LF $ 6.00 $ 2,100.00 existing/proposed conduit Furnish and install underground Fiber 19 Optic Splice Enclosure. Perform splice of' 9 EA $ 1,050.00 $9,450.00 fiber optic cable(s) 20 Furnish and install 12/24 Port Fiber Patch 8 FA S 1,550.00 $ 12,400.00 Panel complete. Terminate fiber optic cable Furnish and install new 144 port Fiber 21 Distribution Unit (FDU) complete (rack I EA $6,500.00 S 6,500.00 r22 mount) Furnish and install new Ruggedcom Rack Mount Ethernet Switch, SFP modules, 2 EA $ 4,500.00 S 9,000.00 power supply and patch cords complete 23 Remove and salvage Yagi antenna 1 EA $ 150.00 $150.00 Install Type 332L Cabinet (City Furnished) 24 and Construct Foundation (Including I EA $29,000.00 S 29,000.00 Conductors and Cables, Bonding and Grounding Complete) Relocate existing 170E controller to new 25 332L Cabinet (including MMU and I EA S 7,500.00 $7,500.00 Furnishing and installing 170E Ethernet Modem Card 26 Furnish and install 19" wall-mounted I EA $ 2,900.00 $ 2,900.00 server rack enclosure 27 Perform Traffic Network System I I,S $20.000.00 =$_2000000 Integration C-2.2 ItC In �pty� s,id'yL 9�F" ^ �Ei'Pr -f�+ ,a p�3 +o�3 No:r a? ah CScnl�tion �k k 3 ' .€ Q ntity IiU t� Unit Co� sh J(Eitension ' 28 rest'Network Communications and System I 1 LS $ 12,500.00 $ 12,500.00 Documentation 29 As-Built Plans I LS $ 3,500.00 $ 3,500.00 TOTAL BID AMOUNT—SCHF,DULF. A (BASIS OF AWARD) $ 642,457.00 TOTAL, BID AN40UNIT IN WORDS: Six Hundred Forty Two Thousand Four Hundred Fifty Seven Dollars And Zero Cents. Note: Refer to Section 7, Measurement and Payment. All extensions of unit prices will be Subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The owner reserves the right to reject any or all proposals and bid items. PROJECT BID SCHEDULE B Downtown Fiber Optic Communications—C.C. No. 1621 ADDITIVE ALTERNATIVE 131D ITEM NO. 1 bI1Cm (lC � f°q4S �1 vas l� pt2 = vkY ryF aau x8tiy t {` k 3 r$4: t Total,CUsV + N x ;� N Descnption,t � x a Quanht Unit ' Umt Costt ii 3 a FR k' r e Y _ Exte`usion I Fiber Optic conmrunications from Police 1 IJS $ 72,684.00 $ 72,684.00 Substation to Downtown Parking Structure TOTAL BID AMOUNT—SCHEDULE B (ADDITIVE ALTERNATIVE $ 72,684.00 BID ITEM NO. 1) TOTAL BID AMOUNT IN WORDS: Seventy Two Thousand Six Hundred Eighty Four Dollars and Zero cents. :Vale: Refer to Section 7, Measurement and Payment. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The owner reserves the right to reject any or all proposals and bid items. C-2.3 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. Bid . Nanre 'arm Address of Subcontractor State Class Dollar 0 of Item(s) License Amount Contract Number M.J. Directional, Inc, 790871 C61/ $1,600.00 0.2 5 PO Box 1126 1)09 Ontario, CA 91762 By submission of this proposal, the Bidder certifies: 1. 'I'hat he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 04/19/21 ,at Ten ,,u jCp,. Date City State James C. Perry being first duly sworn, deposes and says that he or she is Presi ent/Secretary/Treasurer of DBX, 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 agreemen4 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. DBX, Inc. Name of Bidder e- gnature of Bidder 42024 Avenida Alvarado,Suite A.,Temecula,CA 92590 Address of Bidder C-4 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Riverside On 04/19/21 before me, Stephany Bravo, Notary Public Date Here Insert Name and Title of the Officer personally appeared lames C. Perry Nome(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the STL►11Mryo laws of the State of California that the foregoing Meury Public-CalAanu 11 paragraph is true and correct. bwrya County I cgmndregn 12349074 WITNESS my hand and official seal. OtAy currmi.rspirn Feb+g. 2025 Signature Place Notary Seal and/or Stomp Above *1S4igjn?furekf otary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date. Number of Pages. Signer(s) Other Than Named Above: Capaclty(les) Claimed by Signers) Signer's Name: lames (.. Perry Signer's Name: ®Corporate Officer — Title(s):Pr"iu`'nus"r`uryrrfea'ufer0 Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 02019 National Notary Association 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 Fiber Optic Communications for Downtown Fiber Optic Communications—C.C. No. 1621, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700,as follows: "Qualified Person: A person who, by reason of experience or instruction, is familior 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. DBX,Inc. Contractor President/Secretary/Treasurer Title Date: 04/19/21 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes M No If the answer is yes, explain the circumstances in the space provided. N/A Note: This questionnaire constitutes a pan of the Proposal, and a signature portion of the proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. DBX, Inc.. Contractor President/Secretary/Treasurer Title Date: 04/19/21 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: DBa, Inc. Bidder Name 42024 Avenida Alvarado, Suite A Business .Address Temecula, CA 92590 City, State Zip (951 ) 296-9909 "Celephone Number 240547,C-10 & A State Contractor's License No. and Class 01/20/1966 Original Date Issued 07/31/21 Expiration Date The work site was inspected by James C. Perry of our office on April 19 : 7021. The following are persons, firms, and corporations having a principal interest in this proposal: James C. Perry - President/Secretary/Treasurer C-S 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. DBX, Inc. pany Name gnature of idder James C. Perry Printed or Typed Signature Subscribed and sworn to before me this_day of 20 . NOTARY PUBLIC SEE ATTACHED JURAT NOTARYSEAL C-9 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 .rcccc.�rccc.crrcc�rrrrcccc<xcccr..[•.cc�rcrccccctccccc6cAcrcrcocccccrcr.�rcccrcccccrcrcrcccccxcxcr, 7c See Attached Document (Notary to cross out lines 1-6 below) See Statement Below (Lines 1-6 to be completed only by document signer(s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary pudic or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Cejkfomia Subscribed and swum to (or affirmed) before me County of Kiim-Eiide on this i9ia, day of kA6 1 . 20 21, , by -Date Month Year (1) JCar^rt�S C. tie l�'� I MPHAMY swan (and (2) _ ), R m*va County4 $ Name(s)of Si ) finer(s canmkvm r 21N074 Yy Comm.tvfres feh 19,2025 proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature Sign ture o N ary Public Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: 02014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876.6827) Item #5910 NOTARY CERTIFICATE Subscribed and swom to before me this_day of 20_ . A notary public or other officer completing this certificate verifies only the identity the individual who signed the document, to which this certificate is attached, and of the truthfulness, accuracy, or validity of that document. State of ) County of ) On before me, Month, Day, and Year Insert Name nd Title of Notary personally appeared Natne(s) of Sig er(s) who proved to me on the basis of satisfactory evide e to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me t he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instru ent. I certify under PENALTY OF PERJURY rider the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official se . Signature Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-10 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of underground signal conduit, and the installation of fiber optic cable for communication. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: I. Cit),of Coachella - 1515 Sixth St, Coachella, CA 92236 Name and Address of Public Agency Name and Telephone No. of Project Manager: Gordon Fisher - 760-501-8121 Traffic Signal Synchronization $2,350,184.20 & Construct new Tb4C 12/29/16 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Traffic Signal ,Modifications and Fiber Optic Installation. 2 City of La Quinta - 78-495 Calle Tampico, La Quinta, CA 92253 Name and Address of Public Agency Name and Telephone No. of Project Manager: Leonard St. Sauver - 760-275-2143 I-ISP Interconnect $1,612,316.00 Improvements 05/24/20 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Upgrade existing Signal interconnect network to fiber optic communications citywide. 3. City of Pasadena - 100 North Garfield Avenue., Pasadena, CA91101 Name and Address of Public Agency Name and Telephone No. of Project Manager: John Ramey - 626-744-6912 Intelligent Transportation $1,916,044.50 Systems Ph Ill 07/31/18 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Install Fiber Optic on various locations. C-11 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1 Steve Landau - Pill Name of proposed Project Manager Telephone No. of proposed Project Manager: 909-721-4027 Traffic Signal Modifications Traffic Signal Synchronization and Fiber Optic Install 12/29/2016 & Construction New TMC 52,350,184.20 P Project Name & Contract Amount Type of Work Date Completed HSIP Interconnect Improvements Upgrade existing traffic Signal $1,612,316.00 Interconnect network to Fiber Optic Communications 05/24/20 Project Name & Contract Amount Type of Work Date Completed Intelligent Transportation Systems Install Fiber Optic 51,916,044.50 at various locations 07/31/18 Project Name & Contract Amount Type of Work Date Completed Jesse Hernandez, Sr - Superintendent Name of proposed Superintendent Telephone No. of proposed Superintendent: 951-551-1980 Traffic Signal Synchronization Traffic Signal Modifications & Construction New TMC 52,350,184.20 and Fiber Optic Install 12/29/2016 Project Name & Contract Amount Type of Work Date Completed HSIP Interconnect Improvements Upgrade existing traffic Signal $1,612,316.00 Interconnect network to Fiber Optic Communications. 05/24/20 Project Name & Contract Amount Type of Work Date Completed Intelligent Transportation Systems Install Fiber Optic $1,916,044.50 at various locations 07/31/18 Project Name& Contract Amount Type of Work Date Completed C-12 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 hUp://www.dir.ca.gov/DLSEiPublicWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https:Hcfiling.dir.ca.gov/P WCR/ActionServiet?action=displayP WCRegistratioriForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. DBX, Inc. Co tractor e. President/Secretary/Treasurer Title Date: 04/19/21 PWC Registration q: 1000004242 C-13 1A� Liberty Mutual Surety rLibertyMutual. 19" 17771 Cowan,Suite 100•Irvine,California 92615•(949)267-3300 SURETY www.libertymutualsurety.com BID BOND - BOND NO. N/A Premium: Nil KNOW ALL MEN BY THESE PRESENTS, That we DBX Inc . as Principal,and The Ohio Casualty Insurance Company acorporation authorized to transact a general surety business in the Slate of California as Surety, are held and firmly iI boundunto City of Huntington Beach I (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. `4 WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Downtown Fiber Optic Communication - CC. No. 1621 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 penally hereof between the 1 amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and Sealed this 5th day of April 2021 rFaR DBX, Inc . Th"g o Ce7yaity. lnsura e company sulety� Principal L.Flake, Attomoydn-Faa � lo-ivele�ceo�allaay.sr;al �/ I i CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 #C�i7FAcfsFD A notary public or other officer completing this certificate verifies onlythe identityotihe individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Riverside On 04/19/21 before me, Stephany Bravo, Notary Public Dote Here Insert Name and Title of the Officer personally appeared James C. Perry Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the _ STEPHANY BRAVO laws of the State of California that the foregoing Hotery Public-Calirornia paragraph is true and correct. .' Riverside County L Commission r 2348094 - WITNESS my hand and official seal. ' Comm.Expires Feb 19, 2025 Signature i Place Notary Sea/and/or Stomp Above Signatto of N to Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended 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: Lames C. Perr), Signer's Name: m Corporate Officer— Title(s):Presldent/Se reiary/rrcasurer0 Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 02019 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .I A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange I On 4-05-21 before me, Lexie Sherwood Notary Public, Dat L' Insetl Name of Notary exactly as it aprw;ifs on the oroat seal personally appeared Charles L. Flake 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/they executed the same in his/her/their authorized capacity(ies), LECO SHERWOOD and that ), his/her/their signature(s) on the instrument the COMM.�2203287 person(s), or the entity upon behalf of which the person(s) - NOTARY PUDLIG uCaLIFGRNIA acted, executed the instrument. r J ORANGE COUNTY Comm.Exp.JULY 27,2021 vwv 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 -----JofGIG_yTL L!1Sh—et�Lt� _ Place Notary Seal Above Sgnature of ary Public ewe ST1Crw�00 I 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 the 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: ❑ Individual ❑ Individual ❑ Corporate Officer —Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee Z ❑ Trustee • ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: This Power of Attorney limits the acts of those named herein,and they have no authority to Liberty, the Company except in the manner and to the extent herein staled. Liberty Liberty Mutual Insurance Company Mu l L111° The Ohio Casualty Insurance Company Certificate No: 8202720-971919 West Amencan Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the lam of the Slate of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the Stale of Indiana(herein collectively called the'Companies').pursuant to and by authority herein set forth,does hereby name,constitute and appoint, David L. Culbertson Charles I..Flake Soermer Flake Lexie Sherwood llcather Willis all of the dry of Anaheim slate of CA each individually if there be more than one named,its true and lawful attorney-in-tact to make, execute,seal,acknowledge and deliver,for and on its behalf as surely and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as it they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attoney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this Ilth day of December 2019 Liberty Mutual Insurance Company `wsUq `1Y INso 1NSUq The Ohio Casualty Insurance Company 4JP4owvo•ioti[, yJ a�wow�Ryy UP 40P.04�'M1n Nest American Insurance Company -coup >� 1912 a3 = 41919 a3 as 1991 a3 Its Dald M.Carey,Assistant Secretary M Slate of PENNSYLVANIA ss w County of MONTGOMERY al On this 11th da of December 2019 before me personally appeared David M.Care who acknowledged himself to be the Assistant Secretor of Ube Mutual Insurance `o Y P N PP Y• 9 Secretary nY _H m Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes W d therein contained by signing on behalf of the corporations by himself as a duty authorized officer. T E IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. e o C y O ly 0 - �SFo nS,F COMMONWEALTH OF PENNSYLVANIA N0 Ve o` e4i(v Nd°wl Seel /,. n O-C N F 4 Of 4fb0 Panel;Notary Puulc !O'//'�'I'"�'n /Y N --- upo.r Merwn rwo..Mm:9omery c w By: °'J 3 E e ze.xz1 Teresa Paslella,Notary Public m o.- '^hv�I G M°m°M.P.mfyNp'n A..00u, nNtl, a0 mIt �qe C This Power of Attorney is made and executed pursuant to and by authority of the following By-lam and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual t e c Insurance Company,and West American Insurance Company which resolutions are now in lull force and effect reading as follows: 0 to ARTICLE N-OFFICERS:Section 12.Power of Anomey. 3 om � o Any officer or other official of the Coryoration authorized for that purpose in writing by the Chairman or the President, and subject to such imitation as the Chairman or the�� President may prescribe,shall appoint such attorneys-th-/act as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety d to d any and all undertakings,bonds,recomizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall.e ? have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such o E N Z instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or atlomey-in-fact under the,`� provisions of Nis aride may be revoked at any time by the Board,the Chairman,true President or by the officer or officers granting such power or auLhonly. o 0 ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings, 0 to Any officer of the Company authorized for that purpose in wdtirng by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such anomeys-indaa as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such anomeys-in-fact subject to the limitations set fond in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as it signed by the president and attested by the secretary. Certificate of Designation-The President of the Company.acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Seuetary to appoint such anomeys-In- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unan8wus consent of me Company's Board of Directors,the Company consents that facsimile or mechanic*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. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full lace and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 5th day of April 2021 00( 1Y WSpOVow oiy q9ia �o0c1919 (( 0By: o4 r° 3��+.r+ dD Renee C.Ueweltyn,Assistant Secretary - LMS12873 LMIC OOIC'NAIC Mu14 Co-12119 DBX, Inc. 42024 Avenida Alvarado Suite A Temecula, CA 92590 License No. 240547 A & C10 DIR No. 1000004242 CITY OF HUNTINGTON BEACH CITY CLERK'S OFFICE—2NDFLOOR HUNTIAIN STREET NGTON BEACH, CA 92648 U� •SF%LED BID• Fos the Fiber Optic Communications fur Dow.Iowa Fiber Optic C.mmuaica lions—C.C.\'a.1621 in the CITY OF IIL FINGfON BEACII-DO NOT OI'EN WI111 REGULAR MAII. i DELIVER TO*1[IF OFFICI?OF'I'III:CITY CLERK,2000 MAIN S'I REEIi,SECOND FLOOR I City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ i�ww.huntingtonbeachca.gov Office of the City Clerk Robin Estanislao, City Clerk August 3, 2021 Ferreira Construction Co., Inc. dba Ferreira Coastal Construction Co. 10370 Commerce Center Drive, Suite B-200 Rancho Cucamonga, CA 91730 RE: Fiber Optic Communications for Downtown Fiber Optic Communications — CC No. 1621 Enclosed please find your original bid bond for CC-1621. Sincerely, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For the Construction of Downtown Fiber Optic Communications - C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 8, 2021 Notice To All Bidders Please note the following clarification to the Project Plans, Specifications. and Special Provisions 1) PART 1 - GENERAL PROVISIONS, SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES, 5-7.9.1 -Work Area Traffic Control - General The following paragraph is deleted from Section 5-7.9.1: Prior to the beginning of work, the Contractor shall execute the provided construction traffic control plan prepared per current AGENCY guidelines to safely prosecute the construction work involved with a minimum of inconvenience to the motoring public. The following shall be inserted in place of the deleted paragraph: Prior to the beginning of work on Pacific Coast Highway, the Contractor shall execute the construction traffic control plan prepared in conformance with the provisions of SECTION 7 - MEASURE AND PAYMENT, Section 7-3.3 Payment Bid Items for Bid Item No. 1 - Mobilization. 2) PART 1 -GENERAL PROVISIONS, SECTION 7 - MEASURE AND PAYMENT, 7-3.3 - Payment Bid Items, Bid Item No. 18 - Furnish and Install 72 Single Mode Fiber Optic (SMFO) Cable with Mule Tape and #10 AWG Tracer Wire The second sentence of the third paragraph shall be deleted: Fiber optic cable shall be twelve (12)-fiber as indicated on the plans, dielectric single mode, loose tube, and rated for using in underground systems. The following shall be inserted in place of the deleted sentence: Fiber optic cable shall be 72-fiber as indicated on the plans, dielectric single mode, loose tube, and rated for using in underground systems. This is to acknowledge receipt and review of Addendum Nu r e, dated above. Ferreira Construction Co. Inc dba Ferreira Coastal Construction Co. Company Name By Brandon Pensick - Vice President 04 08,2021 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal For Addendum questions, please call William Janusz at (714) 374-1628 within 24 hours of posting. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431 , Fax (714) 374-1573 ADDENDUM NUMBER TWO For the Construction of Downtown Fiber Optic Communications - C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 13, 2021 Notice To All Bidders Please note the following clarification to the Project Plans. Specifications. and Special Provisions 1) PART 1 - GENERAL PROVISIONS, SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES. 5-3 - LABOR The following section and paragraph is added: Section 5-3.1 - General: (Add the following:] All workers that need to enter the Police Department substation facility will need to submit to a background check. They must have no felony convictions. Misdemeanor convictions will be evaluated on a case by case basis by the watch commander. Workers will need to be escorted at all times while inside the facility. The contractor shall coordinate with the Public Works Contract Administrator a minimum of three working days prior to entry into the Police Department facility. This is to acknowledge receipt and review of Addendum Nu Two ::Znbove Ferreira Construction Co. Inc. dba — _ Ferreira Coastal Construction Co. Company Name By Brandon Pensick - Vice President 04.13.2021 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal For Addendum questions. please call William Janusz at(714) 374-1628 within 24 hours of posting. City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 536-5431 , Fax (714) 374-1573 ADDENDUM NUMBER THREE For the Construction of Downtown Fiber Optic Communications - C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 13. 2021 Notice To All Bidders Please note the following clanfication to the Project Plans. Specifications, and Special Provisions 1) PART 1 - GENERAL PROVISIONS, SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES, 5-7.9.1 - SAFETY, Work Area Traffic Control, General The following paragraph shall be added after the thirteenth paragraph: In the area between Pacific Coast Highway and the Pier, all excavations shall be backfilled or plated at the end of each work day. Vehicular access must be maintained on to the pier at all times. All barricades must be removed and a level walking surface must be in place on Saturdays and Sundays. This is to acknowledge receipt and review of Addendum N Three,-d above Ferreira Construction Co Inc. dba Ferreira Coastal Construction Co. Company Name 13Y Brandon Pensick - Vice President 04.13.2021 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal For Addendum questions please call William Janusz at (714) 374-1628 within 24 hours of posting SECTION C PROPOSAL for the construction of Fiber Optic Communications for Downtown Fiber Optic Communications—C.C. No. 1621 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor. material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 75 working days, starting from the date of the Notice to Proceed. The undersigned acknowledges that the issuance of Notice to Proceed will occur in October 2021. 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 Tor 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 re-advertise the project. In the case of discrepancies in the amounts bid. unit prices shall govern over extended amounts, and words shall govem 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 which said amount is not less than 101/6 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 for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received idder'% Si•nature 04,08,2021 04-13-2021 3 O� C-2 SECTION C PROJECT BID SCHEDULE A Downtown Fiber Optic Communications—C.C. No. 1621 BID ITEMS Item Total Cost Item Description Quantity Unit Unit Cost tension I Mobilization (including Caltrans I LS SZ POO 5,ZD-PW— Encroachment Permit Coordination 2 Traffic Control I LS SAD" S ll(39GO Preparation of Project Specific Storm 3 Water Pollution Prevention Plan (SWPPP) I $�t2� f ZS� and Water Pollution Control Program WPCP r Caltrans Involvement 4 Installation and Maintenance of BMP's per I LS S S the approved SWPPP and WPCP 5 Furnish and install 2" Sch. 80 PVC 11,266 LF $-t $ U NO conduit, pull tape+tracer wire 6 Furnish and install 1.5" HDPE Innerduct 150 LF S $ %1 12S'O and pull tape 2 Furnish and install 3" rigid steel conduit 35 LF S WO $_� pull tape + tracer wire 8 Furnish and install 45 Degree 3" L.B. 5 EA S- == S Swo 9 Furnish and install No. N40 Pull Box/ 12 EA $0Q S Splice Vault 10 Furnish and install No. 6E Pull Box I EA S �t3(M 11 Furnish and install No.6 Pull Box 44 EA S Q00 S ya��� 12 Furnish and install No. 6T Pull Box 1 EA $1,,W-- $�� M 13 Remove and salvage existing pull box 2 EA S ZS'o S C-2.1 Item Total Cost No. Description Quantity Unit Unit Cost (Extension) 14 Install Conduit into Existing Pull Box 2 EA S 5W S I 1000 15 Connect new conduit to existing conduit 2 EA S $ WV0_ Furnish and install 144 strand Single Mode S � 16 Fiber Optic Cable+pull tape in 12,112 LF S existing/proposed conduit Furnish and install 12 Strand Single Mode 17 Fiber Optic drop cable+pull tape in 2,037 LF S tS S existing/proposed conduit Furnish and install 72 Strand Single Mode 18 Fiber Optic drop cable+pull tape in 350 LF S S 100 existin ro sed conduit Furnish and install underground Fiber 1 Zd� ,O &� 19 Optic Splice Enclosure. Perform splice of 9 EA S r S r fiber optic cable(s) 20 Furnish and install 12/24 Port Fiber Patch g EA $ow 1 $ '71SNP Panel complete. Terminate fiber optic cable Furnish and install new 144 port Fiber R 1 Z 21 Distribution Unit(FDU)complete(rack 1 EA 3�015yZ S �1 l mount Furnish and install new Ruggedcom Rack h $ 22 Mount Ethernet Switch, SFP modules, 2 EA $ power supply and patch cords complete 23 Remove and salvage Yagi antenna I EA S 5W $ SIX:) Install Type 332L Cabinet(City Furnished) U 24 and Construct Foundation(Including I EA $ 4IWO $ 119'9 Conductors and Cables, Bonding and Grounding Complete) Relocate existing 170E controller to new 25 332L Cabinet(including MMU and 1 EA $ �S00 S ;LNSOO Furnishing and installing 170E Ethernet Modem Card 26 Furnish and install 19" wall-mounted 1 EA 015,00 $ +tYjo server rack enclosure 27 Perform Traffic Network System 1 LS S� $1 TO Integration C-2 2 Item Description _ Quantity Unit Unit Cost Total Cost No (Extension) I 28 Test Network Communications and System I L S $9.49-7- S9T Documentation 29 As-Built Plans I LS TOTAL BID AMOUNT-SCHEDULE A(BASIS OF AWARD) S 1 + 1 U TOTAL. BID AMO( IN WORDS: rJ V - 1 V►J� J ��1 t�- Note: Refer to Section 7, Measurement and Payment. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govem. The owner reserves the right to reject any or all proposals and bid items. PROJECT BID SCHEDULE B Downtown Fiber Optic Communications-C.C. No. 1621 ADDITIVE ALTERNATIVE BID ITEM NO. 1 Item Description Quantity Unit Uait Cost Total Cast No Extension 1 Fiber Optic communications from Police I I.S S( oz $ Substation to Downtown Parking Structure TOTAL BID AMOUNT-SCHEDULE B(ADDITIVE ALTERNATIVE BID ITEM NO. 1) J TOTAL BID AMOUN ' WORDS: Note: Refer to Section 7, Measurement and Payment. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The owner reserves the right to reject any or all proposals and bid items. C-2.3 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. Bid Name and Address of Subcontractor State 7Amount lar %of Item(s) License Contract Number b �S`83 d vFF ST' to 5S90 two 1 b4y.1 By submission of this proposal,the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on o4 20 21,at Rancho Cucamonga _, _.CA Date City State Brandon Pensick being. first duly sworn, deposes and says that he or she is erretra�onstrYc ion Co, lnc.�(ba the party making the foregoing bid Vice President of [rrnra nacta nnctmcnnn n 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. Ferreira Construction Co. Inc dha Ferreira Coastal Construction Co Name of Bidder Signature of Bidder Brandon Pensick - Vice President 10370 Commerce Center Drive Suite B200 Rancho Cucamonga, CA 91730 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Fiber Optic Communications for Downtown Fiber Optic Communications— C.C. No. 1621, (1)(wexit) 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. Ferreira Construction Co. Inc. dba Ferreira Coastal Construction Co. Contractor By Brandon Pensick - Vice President Title Date: 04.20,2021 C-S DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, 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 El No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. 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. Ferreira Construction Co. Inc. dba Ferreira Coastni Consirtietatin Co Contractor By Brandon Pensick - Vice President Title Date: 04.20,2011 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Ferreira Construction Co. Inc. dba Ferreira Ferreira Coastal nncinurtinn C'n Bidder Name 10370 Commerce Center Drive Suite B200 Business Address Rancho Cucamon a CA 91730 City, State Zip ( 909 ) 606 - 5900 Telephone Number 985180 A C-10 C-13 State Contractor's License No. and Class 07 12 2013 - Original Date Issued 07 31 2021 Expiration Date The work site was inspected b;1 =of our office on I 20ZI The following are persons,firms,and corporations having a principal interest in this proposal: Ferreira Construction Co. Inc. dba Ferreira Coastal Construction C'n Nelson Ferreira - President Nancy Vliet Cucco - Senior Vice President Brandon Penick - Vice President Lou Pacheco - Secretary/Treasurer C-8 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. Ferreira Construction Co. Inc. dba Ferreira Coastal Construction Co. COm y Name Signahue of Bidder Brandon Penick - Vice President Printed or Typed Signature Subscribed and s to before me this_day of , 20_ . NOTARY PUBLIC NOTARY SEAL C-9 kol r' �re Poiackd NOTARY CERTIFICATE \Subscribedrn to before me this _ day of 20_ . A notary public o ther officer completing this certificate verifies only the identity of the individual who sign the document, to which this certificate is attached, and not the truthfulness, accuracy, o alidity of that document. State of County of ) On before Month, Day, and Year Insert Name and Title of Notary personally appeared Name(s)o igner(s) who proved to me on the basis of satisfactory evidence to be the pe n(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they execu the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the n(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 at the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public (PLACE NOTARY SEAL A VE) C-10 CMJPOl ALL-MMtPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A ttofery pubic or other officer completing this certificate verifies only the Wendy of the individual who signed the doasnent to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of San Bernardino ) On A rp j120,2021 _before me, Marla K. Khan. Notary Public Date Nero Insert Name and Title of the Officer personally appeared Brandon Pensick Name(s)of Signers) who proved to me on the basis of satisfactory evidence to be the per�on(� whose name/ is/�e subscri to the within instrument and acknowl to me that he/ e/t executed the same in his/t�r/t n authorized capacity{la�), and that b his�thp(signature�on the instrument the perscm$4, or t e 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. MAflLA K.KMAN � „+r'ARLA -C+Aron+ Signature Tkba few M Cowry _ C'm ,,,n s 2196975 Signature of Notary Public k y Corm FAArti May 17.M]� Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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 Slgne►(s) Signer's Name: _ __ _ __ Signer's Name: Corporate Officer — Title(s): Corporate Officer — Title(s): Partner — Limited General Partner — I I Limited I I General Individual Attorney in Fact Individual Attorney in Fact 1 Trustee Guardian or Conservator Trustee Guardian or Conservator I Other: Other: Signer Is Representing: Signer Is Representing: %� • auto.:cuu^�;asu,:cx:cx:�..xx:t,:�s,wuxxxx,^�uovti+:c..:c•:<a.:�.,ax 02014 National Notary Association • www.Nationa[Notary.org • 1-800-US NOTARY )1-800-876-6827) Item #5907 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of underground signal conduit, and the installation of fiber optic cable for communication. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. �altmx�ti - S�lw�+�,-,z t,�\o t7F►-ice- Name and Address of Public Agency Name and Telephone No. of Project Manager: N,*rt2.ttJ (X*a-U 1Ar '� s�Oa3r 0.)0 C�MMJ1,IKdkS1rN� �� I�R`1 Zv 1q Contract Amount Type of Work Date ompleted Provide additional project description to show similar work: IL 2. kzt s PC — ky5A CA\l�pa,J r (�- Name and Address of Public Agency l , Name and Telephone No. of Project Man erZWork �""'���t �VpA- 31O-LA -u�3 Contract Amount Type Date Completed Provide additional project description to show similar work: II ,, moo C, I MJ .t 3. o-F Name andAddress of Pu c Agency �� T Name and Telephone No. of Project Manager: /�LFt,I N\01Z (Z Q UJ ��— 11 Z^�� v t-1 SW oaD TS �T t'ti-� ?-J3Z ContractAmount T of Work EQe Completed Provide additional project description to show simi�ar work: l k-AMOOV%r (.c+ C-11 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. Ft,3V-',N "VEZ, IGU43+ Name of proposeA Projebt4lanager f� T� r Telephone No. of proposed Project Manager: ���' d —I' V I / 1 C'Ap►�-1 UFt:6t 1 v- Project Name ` ,Contract Amount Type of Work Date Completed Project Name& Contract Amount Type of rk Date Completed Project Name&Contract Amount Type of Work —Date Completed 2. Opt'i qz:-- Oyck� Name of proposed Superintendent Telephone No. of proposed Superintendent: S01=i STIVOtuen �O 3 ,3tx) caw Project Name & Contract Amount Type of Work Date Completed �► '1,`{�ZI`k �VNIA T3 yc ZO Project Name & Contract Amount Type o Work Date Completed � stut� l�7 �M i Project Name & Contract Amount Typeof Date pleted C-12 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/Public Works/SB854FactSheet-6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir.ca.gov/PWCR/ActionServiet?action=displayP WCRegistrationForm DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Ferreira Construction Co. Inc. dba Ferreira Coastal Construction Co Co for By Brandon Pensick - Vice President Title Date: 04.20.2021 PWC Registration #: ....100000163. ................................... C-13 Document A31OTM - 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (Nrnnc. legal.vtanannda&br_cv) (Narne,legalsinhts mrdluincipal place rfharineor) Ferreira Construction Co., Inc. dba Ferreira Berkshire Hathaway Specialty Insurance Company Coastal Construction Co. 1314 Douglas Street, Suite 1400 Omaha, NE 68102-1944 This document has important 10370 Commerce Center Drive, Suite B-200 legal consequences.Consultation Mailing Address for Notices with an attorney is encouraged Rancho Cucamonga, CA 91730 1314 Douglas Street, Suite 1400 with respect to Its completion or OWNER: Omaha, NE 68102-1944 modification. (,Vane•legnl slams and addrul Any singular reference to City of Huntington Beach Contractor.Surety,Owner or other party shall be considered 2000 Main Street plural where applicable. Huntington, CA 92648 BOND AMOUNT: $Ten Percent Of The Total Amount Bid (10%) PROJECT: (Name.locario for addresa mrdl'roject atunber.ifmgq Downtown Fiber Optic Communications-C.C. No. 1621 The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators.successors and assigns,joinily and sevemlly,as provided herein.The conditions of this Bond arc such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Omer and Contractor,and the Contractor either(l)enters into a contmet with the Owner in accordance with the moos of such bid,mid gives such bond or bonds as may be specified in die bidding or Contract Documents,with a surcry admitted in the jurisdiction of the Project and otherwise acceptable to the Qmicr,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in mid bid and such larger amount for which the Omier may in good faith contract with another party In peribmi the work covered by said bid,then this obligation shall he null and void,otherwise it,remain in fill fierce and inflect.The .Surely hereby%vaives any notice ol'un agrectnent bemcen the Owner and Contractor to extend Zile time in which die Owner may accept[lie bid.Waiver lit notice by the Surely shell clot apply to any extension exceeding sixty(00)days In the aggregate beyond the time her acceptance of bids specified in the bid documents,and file 0iwer aid Conlnlclor shall obtain[lie Surcl)'1 conscnt loran cxlCnsion beyond sixly(60)day1. If this Bond is issued in connection with a subcontractor's bid ton Contractor,file[call Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been famished to comply with a slolulun•or other legal requirement in the location of fire Project,any provision in this Blind conllicling with said statutory or legal requirenicnl shall be deemed deleted hercfroin and provisions conllirming to such statutory or other legal requirement shall be deemul incurlioraled herein.When so liimished,file intent is that this Bood shell be construed as a statutory bond and not as a common tuw bond. Signed and scaled this 20th day of April, 2021 Ferreira Construction Co., Inc. dba Ferreira Coastal Construction Co. (Princ � kcal) (11'inress) *ems / (riae)�Byandc-i (efsiCt- V1cL p(CSicUnt Berkshire Hathawa 0cial .Insurance Company rhu •i�) ' �I (Seal) (lPime. ) Kevin T. Walsh,J .,Witness C `frrlejxrys(a .Stravato Attorney-In-Fact S-0054/AS 8110 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 IY'�'Y.lSdY.MFYai'+fiCTNR:!'f�i`Le.�iY�61":LS-. �S .�i'+I�NNiNS.�^1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of California ) County of San Bernardino ) On April 20, 2021 before me, _Marla-K_Khan,_N.otary Public Date Here Insert Name and Title of the Officer personally appeared Brandon Pensick Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the per on whose name/) is/i9e subscr eq� to the within instrume t and acknowledg d to me that he/s e, executed the same 1 his/h /tVir authorized capacity(i�), and that b his/06rr/th/r signature on tKKKe Instrument the person;6), or the entity upon behalf of which the personpNted, 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. MAFLA K.KHAN WITNESS my hand and official seal. ?o'�Izy_ Notary Public-Califwnia n_ ��1;a(5 comrnina�dino County f �� ✓4 _; Commission=2196975 Signature II II My Comm.Exoitez May 13.2021 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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): n Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑Limited ❑General ❑ Individual U Attorney in Fact n Individual I J Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee D Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item k5907 ACKNOWLEDGEMENT OF SURETY COMPANY STATE OF New Jersey COUNTY OF Moms ON THE 20" DAY OF April, 2021 BEFORE ME PERSONALLY APPEARED Krystal L. Stravato TO ME KNOWN, WHO BEING BY ME DULY SWORN, DID DEPOSE AND SAY; THAT (S)HE IS THE ATTORNEY-IN-FACT OF Berkshire Hathaway Specialty Insurance Company, THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT,AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, AT MY OFFICE IN THE ABOVE COUNTY,THE DAY AND YEAR WRITTEN ABqu Notary Public Sandy S lemes-Srovn e Notary public-State of New 3'"" My Commission Expires Sep 19,2021 Berkshire Hathaway 20571 Specialty Insurance Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY 8 NATIONAL INDEMNITY COMPANY/NATIONAL LIABILITY&FIRE INSURANCE COMPANY _ E Know all men by these presents,that BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY a corporation existing under '-> and by virtue of the laws of the State of Nebraska and having an office at One Lincoln Street 23rd Floor, Boston, Massachusetts - 6 02111,NATIONAL INDEMNITY COMPANY a corporation existing under and by virtue of the laws of the State of Nebraska and having an o m office at 3024 Harney Street Omaha,Nebraska 68131 and NATIONAL LIABILITY&FIRE INSURANCE COMPANY a corporation existing u under and by virtue of the laws of the State of Connecticut and having an office at 100 First Stamford Place, Stamford,Connecticut g $ 06902(hereinafter collectively the'Companies'). pursuant to and by the authority granted as set forth herein,do hereby name, O constitute and appoint:Kry t I L 5travato,K yin T.Walsh Jr.Thomas MacDonald,100 South lcfferson Road,Suite 102, of the city S — of Whippany,State of New lersey,their true and lawful anorney(sl-in-fact to make,execute,seal, acknowledge,and deliver, for and E on their behalf as surety and as their act and deed,any and all undertakings,bonds,or other such writings obligatory In the nature 8 thereof,in pursuance of these presents,the execution of which shall be as binding upon the Companies as if It has been duly signed o 'S and executed by their regularty elected officers In their own proper persons.This authority for the Attomey-in-Fan shall be limited to '- W the execution of the attached bond(sl or other such writings obligatory in the nature thereof. w a _ LL- In witness whereof,this Power of Attorney has been subscribed by an authorized officer of the Companies,and the corporate seals of . a the Companies have been affixed hereto this date of December 20,2018.This Power of Attorney is made and executed pursuant to X o n and by authority of the Bylaws,Resolutions of the Board of Directors,and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY > h INSURANCE COMPANY,NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, which are in R _ full force and effect,each reading as appears on the back page of this Power of Attorney,respectively.The following signature by an i e authorized officer of the Company may be a facsimile,which shall be deemed the equivalent of and constitute the written signature of such officer of the Company for all purposes regarding this Power of Attorney,including satisfaction of any signature requirements on c n` any and all undertakings,bonds,or other such writings obligatory in the nature thereat,to which this Power of Attorney applies. `+ s o c 3 BERKSHIRE HATHAWAY SPECIALTY NATIONAL INDEMNITY COMPANY, e � _ INSURANCE COMPANY, NATIONAL LIABILITY&FIRE INSURANCE COMPANY, E G By: BY: David Fields,Executive Vice President David Fields,Vice President �SP[C 111 OEIAN/I SFInC/NS u u � 1 t suRETv a oRT�°._ i seliEiv n a s ? SraL ,� �I, SCLL In sl 5GL �� 0 9 NOTARY ° State of Massachusetts,County of Suffolk,ss: 1i E On this 20th day of December,2018,before me appeared David Fields,Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY 6 L INSURANCE COMPANY and Vice President of NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, ^� who being duly sworn,says that his capacity is as designated above for such Companies;that he knows the corporate seals of the 'e Companies;that the seals affixed to the foregoing instrument are such corporate seals;that[hey were affixed by order of the board of directors or othergoverning body of said Companies pursuant to its Bylaws,Resolutions and other Authorizations,and that he signed > a. said instrument in that capacity of said Companies. 'g E (Notary Seal) GEOFFERY A. DELISIO U o y Notary Public 5 Commonwealth of Massachusens = o L My Comm.Esplres Hwember 2g,2g21 Notary Public o 8 I,Ralph Tortorella,the undersigned,Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY,NATIONAL INDEMNITY e COMPANY and NATIONAL LABILITY&FIRE INSURANCE 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, see hereunto affixed the seals of said Companies this April 20,2021. yrEGx[Ir EMH bP`E try �[�'�- _� Officer s�sre.,s X'rt8 ti�•x._exc,*: i�°,N[cr�° br BHSIC, NICO&NLF POA(2018) BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY(BYLAWS) ARTICLE V. CORPORATE ACTIONS EXECUTION OF DOCUMENTS: Section 6.(b)The President,any Vice President or the Secretary,shall have the power and authority: (1) To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company bonds and other undertakings,and (2) To remove at any time any such Attorney-in-fact and revoke the authority given him. NATIONAL INDEMNITY COMPANY(BY-LAWS) Section 4.Officers.Agents,and Employees: A. The officers shall be a President,one or more Vice Presidents,a Secretary,one or more Assistant Secretaries,a Treasurer, and one or more Assistant Treasurers none of whom shall be required to be shareholders or Directors and each of whom shall be elected annually by the Board of Directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified,may serve successive terms of office,may be removed from office at any time for or without cause by a vote of a majority of the Board of Directors,and shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office or as may be directed from time to time by the Board of Directors;and the Board of Directors or the officers may from time to time appoint,discharge,engage,or remove such agents and employees as may be appropriate,convenient,or necessary to the affairs and business of the corporation. NATIONAL INDEMNITY COMPANY(BOARD RESOLUTION ADOPTED AUGUST 6,2014) RESOLVED,That the President,any Vice President or the Secretary,shall have the power and authority to(1)appoint Attorneys- in-fact,and to authorize them to execute on behalf of this Company bonds and other undertakings and(2)remove at any time any such Attorney-in-fact and revoke the authority given. NATIONAL LIABILITY&FIRE INSURANCE COMPANY(BY-LAWS) ARTICLE IV Officers Section 1.Officers Agents and Employees: A.The officers shall be a president,one or more vice presidents,one or more assistant vice presidents,a secretary,one or more assistant secretaries,a treasurer,and one or more assistant treasurers,none of whom shall be required to be shareholders or directors,and each of whom shall be elected annually by the board of directors at each annual meeting to serve a term of office of one year or until a successor has been elected and qualified,may serve successive terms of office,may be removed from office at any time for or without cause by a vote of a majority of the board of directors. The president and secretary shall be different individuals. Election or appointment of an officer or agent shall not create contract rights. The officers of the Corporation shall have such powers and rights and be charged with such duties and obligations as usually are vested in and pertain to such office Or as may be directed from time to time by the board of directors;and the board of directors or the officers may from time to time appoint,discharge,engage,or remove such agents and employees as may be appropriate,convenient,or necessary to the affairs and business of the Corporation. NATIONAL LIABILITY&FIRE INSURANCE COMPANY(BOARD RESOLUTION ADOPTED AUGUST 6,2014) RESOLVED,That the President,any Vice President or the Secretary,shall have the power and authority to(1)appoint Attorneys- in-fact,and to authorize them to execute on behalf of this Company bonds and other undertakings and(2)remove at any time any such Attorney-in-fact and revoke the authority given. BHSIC, NICO&NLF PDA(2018) BERKSHIRE HATHAWAY SPECIALTY I N SURANCE COMPANY 1314 Douglas Street, Suite 1400, Omaha, Nebraska 68102-1944 ADMITTED ASSETS' 12/3112019 12/3112018 12/31/2017 Total invested assets S 5,172,183,338 S 4,313,185,189 S 4.516.104,907 Premium&agent balances(n 368,086,012 301,849,144 297,141.264 All other assets 127,524,677 140.930,406 137,220.394 Admitted Assets S 5,667,794,027 s 4,755,964,739 S 4,950,466,565 LIABILITIES & SURPLUS' 1213112019 12131/2018 12/3112017 Loss&loss exp.unpaid $ 634.745,558 S 463,103.223 S 327,823,391 Unearned premiums 314,117.549 241,835.588 209,113,536 All other liabilities 744,738,458 570,628,148 663,892,150 Total Liabilities 1.693.601,565 1,275,566,959 1,200,829.077 Total Policyholders'Surptu! 3,974,192,463 3,480,397.780 3,749,637,488 Total Liabilities&Surplus S 5,667,794,028 S 4.755,964,739 S 4,950,466,565 Assets,liabilities and surplus are presented on a Statutory Accounting Basis as promulgated by the NAIC and/or the laws of the company's domiciliary state. FERREIRA ORA FEARFl9A COTS FAL CONS rOUCT20N CO I 10370 Commerce Center Drive,Suite B-200 Rancho Cucamonga,CA 91730 4)y0l 2) ' � s G r l ,till M D 1= "SEALED BID" -f' For the Fiber Optic Communications for Downtown Fiber Optic Communications—C.C. No. 1621 in the CITY OF HUNTINGTON BEACH — DO NOT OPEN WITH REGULAR MAIL DELIVER TO THE OFFICE OF THE CITY CLERK, 2000 MAIN STREET, SECOND FLOOR City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ NvNvw.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk August 3, 2021 Henkels & McCoy, Inc. 985 Jolly Road Blue Bell, PA 19422 RE: Fiber Optic Communications for Downtown Fiber Optic Communications — CC No. 1621 Enclosed please find your original bid bond for CC-1621. Sincerely, ��ana'�� Robin \Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For the Construction of Downtown Fiber Optic Communications- C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 8, 2021 Notice To All Bidders Please note the following clarification to the Project Plans, Specifications, and Special Provisions. 1) PART 1 - GENERAL PROVISIONS, SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES, 5-7.9.1 -Work Area Traffic Control - General The following paragraph is deleted from Section 5-7.9.1: Prior to the beginning of work, the Contractor shall execute the provided construction traffic control plan prepared per current AGENCY guidelines to safely prosecute the construction work involved with a minimum of inconvenience to the motoring public. The following shall be inserted in place of the deleted paragraph: Prior to the beginning of work on Pacific Coast Highway, the Contractor shall execute the construction traffic control plan prepared in conformance with the provisions of SECTION 7 - MEASURE AND PAYMENT, Section 7-3.3 Payment Bid Items for Bid Item No. 1 - Mobilization. 2) PART 1 -GENERAL PROVISIONS, SECTION 7 -MEASURE AND PAYMENT, 7-3.3- Payment Bid Items, Bid Item No. 18 -- Furnish and Install 72 Single Mode Fiber Optic (SMFO) Cable with Mule Tape and #10 AWG Tracer Wire The second sentence of the third paragraph shall be deleted: Fiber optic cable shall be twelve (12)-fiber as indicated on the plans, dielectric single mode, loose tube, and rated for using in underground systems. The following shall be inserted in place of the deleted sentence: Fiber optic cable shall be 72-fiber as indicated on the plans, dielectric single mode, loose tube, and rated for using in underground systems. This is to acknowledge receipt and review of Addendum Num ne, dated b ve., Henkels & McCoy, Inc. Company Name By A'P ao, adal Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal_ For Addendum questions, please call William Janusz at (714) 374-1628 within 24 hours of posting. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431 . Fax (714) 374-1573 ADDENDUM NUMBER TWO For the Construction of Downtown Fiber Optic Communications - C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 13, 2021 Notice To All Bidders Please note the following clarification to the Project Plans. Specifications. and Special Provisions. 1) PART 1 - GENERAL PROVISIONS, SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES, 5-3 - LABOR The following section and paragraph is added: Section 5-3.1 - General: [Add the following:] All workers that need to enter the Police Department substation facility will need to submit to a background check. They must have no felony convictions. Misdemeanor convictions will be evaluated on a case by case basis by the watch commander. Workers will need to be escorted at all times while inside the facility. The contractor shall coordinate with the Public Works Contract Administrator a minimum of three working days prior to entry into the Police Department facility. This is to acknowledge receipt and review of Addendum Numb wo, dated above / Henkels& McCoy, Inc. Company Name By Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal For Addendum questions, please call William Janusz at (714) 374-1628 within 24 hours of posting City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 536-5431 Fax (714) 374-1573 ADDENDUM NUMBER THREE For the Construction of Downtown Fiber Optic Communications -C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 13, 2021 Notice To All Bidders Please note the following clarification to the Project Plans. Specifications. and Special Provisions 1) PART 1 - GENERAL PROVISIONS. SECTION 5- LEGAL RELATIONS AND RESPONSIBILITIES, 5-7.9.1 - SAFETY, Work Area Traffic Control, General The following paragraph shall be added after the thirteenth paragraph: In the area between Pacific Coast Highway and the Pier, all excavations shall be backfilled or plated at the end of each work day. Vehicular access must be maintained on to the pier at all times. All barricades must be removed and a level walking surface must be in place on Saturdays and Sundays. This is to acknowledge receipt and review of Addendum NumbWlhree dated above/ Henkels & McCoy, Inc Company Name By Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal For Addendum questions, please call William Janusz at (714) 374-1628 within 24 hours of posting _y NOW r City of Huntington Beach RFP: Downtown Fiber Optic Communications - C.C. No. 1621 Date: April 20. 2021 www.henkels.com n 4�� r y ONNECTIONS FOR P R ORd '" - = _ c HENKELS a McCOY SECTION C PROPOSAL for the construction of Fiber Optic Communications for Downtown Fiber Optic Communications—C.C. No. 1621 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 75 working days, starting from the date of the Notice to Proceed. The undersigned acknowledges that the issuance of Notice to Proceed will occur in October 2021. 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 re-advertise 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 10% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's S naatre 1 04/08/2021 2 04/13/2021 3 04 13 2021 C-2 SECTION C PROJECT BID SCHEDULE A Downtown Fiber Optic Communications—C.C. No. 1621 BID ITEMS Item bescriptiou Quandty Unit Unit Cost T(Exotal Cost I Mobilization(including Caltrans I LS S25,255.51 S25,255.51 Encroachment Permit Coordination 2 Traffic Control I LS S26,013.55 526,013.55 Preparation of Project Specific Storm 3 Water Pollution Prevention Plan (SWPPP) I LS S 1.704,69 S 1,704.69 and Water Pollution Control Program WPCP) (per Caltrans Involvement) 4 Installation and Maintenance of BMP's per I LS S 48,754.10 S 48,754.10 the approved SWPPP and WPCP 5 Furnish and install 2" Sch. 80 PVC 11,266 LF $ 67.57 S 761,243.62 conduit, pul I tape+tracer wire 6 Furnish and install 1.5" HDPE Innerduct I50 LF S 40•36 S 6.054.00 and pull tape 7 Fumish and install 3" rigid steel conduit, 35 LF S 882.54 S 30,8W.90 pul I tape + tracer wire 8 Furnish and install 45 Degree 3" L.B. 5 EA S 8,814.06 S 44,070.30 9 Furnish and install No. N40 Pull Box/ 12 EA S 7,648.16 S 91.777.92 Splice Vault 10 Furnish and install No. 6E Pull Box I EA $ 8,484.95 S 8,M8.95 11 Furnish and install No. 6 Pull Box 44 EA $ 7.806.77 S 343,497.88 12 Furnish and install No. 6T Pull Box I EA $ 7,860.21 S 7,8W.21 13 Remove and salvage existing pull box 2 EA S 2,3W.01 S 4,776.02 C-2.1 Item Description Quantity Unit Unit Cost Total Coat No Extension 14 Install Conduit into Existing Pull Box 2 EA S 2,388.01 S 4,776.02 15 Connect new conduit to existing conduit 2 EA S 2,388.01 S 4.776.02 Furnish and install 144 strand Single Mode 16 Fiber Optic Cable+pull tape in 12,112 LF S 12.10 S 146,555.20 existing/proposed conduit Furnish and install 12 Strand Single Mode 17 Fiber Optic drop cable+pull tape in 2,037 LF S 6.49 S 13,220.13 existing/proposed conduit Furnish and install 72 Strand Single Mode 18 Fiber Optic drop cable+pull tape in 350 LF S 16.20 55,670.00 existingtproposed conduit Fumish and install underground Fiber 19 Optic Splice Enclosure. Perform splice of 9 EA S 7,616.70 S 68.550.30 fiber optic cable(s) 20 Furnish and install 12/24 Port Fiber Patch 8 EA S 4,382.62 $ 35,060.96 Panel complete. Terminate fiber optic cable Furnish and install new 144 port Fiber 21 Distribution Unit(FDU)complete(rack I EA S 10,704.68 S 10.704.69 mount Furnish and install new Ruggedcom Rack 22 Mount Ethernet Switch,SFP modules, 2 EA $ 6,170.93 S 12,341.88 power supply and patch cords complete 23 Remove and salvage Yagi antenna I EA $ 5,289.37 $ 5,289.37 Install Type 332L Cabinet(City Furnished) 24 and Construct Foundation (Including I EA S 7,499.09 S 7,499.09 Conductors and Cables,Bonding and Grounding Complete) Relocate existing 170E controller to new 25 332L Cabinet(including MMU and I EA S 8.185.93 S 8,185.93 Furnishing and installing 170E Ethernet Modem Card 26 Furnish and install 19" wall-mounted I EA $ 2.455.78 $ 2,455.78 server rack enclosure 27 Perform Traffic Network System I $ 10,830.62 $ 10.830.62 Integration C-u Item Total Cost No Description Quantity Unit Unit Cost (Extension) 28 Test Network Communications and System I LS $15,112.49 S 15,112.49 Documentation 29 As-Built Plans I LS f 10.919.98 $10,919.98 TOTAL BD)AMOUNT—SCHEDULE A(BASIS OF AWARD) S 1,762,330.08 TOTAL BID AMOUNT IN WORDS: One million seven hundred sixty-two thousand three hundred thirty dollars and eight cents. Note: Refer to Section 7, Measurement and Payment. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The owner reserves the right to reject any or all proposals and bid items. PROJECT BID SCHEDULE B Downtown Fiber Optic Communications—C.C. No. 1621 ADDITIVE ALTERNATIVE BID ITEM NO. 1 Itm Description Quantity Unit Unit Cost � a lost I Fiber Optic communications from Police I LS S 177,857.47 $177,857.47 Substation to Downtown Parking Structure TOTAL BID AMOUNT—SCHEDULE B(ADDITIVE ALTERNATIVE S 177,857.47 BID ITEM NO. I) 'r07'AI. BID AMOUNT IN WORDS: One hundred seventy-seven thousand eight hundred fifty-seven dollars and forty-seven cents. &IL Refer to Section 7, Measurement and Payment. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The owner reserves the right to reject any or all proposals and bid items. Henkels cannot be held liable for LD's held up by 3rd party contracts delays, ie.. material vendors, permits, etc.. to cover us for any possible LD's not at fault of ours. 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 cxcess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Bid Name and Address of Subcontractor Stale Class Dollar % of Item(s) Licence Amount Contract Number Micom Communications 6150 Quail Valley Ct. C-7,CIO, $240,000.00 &C-61/ 12.4% Riverside, CA 92507 810327 D49 California Locating Services 3030 E. Coronado St. A Anaheim, CA 92806 953481 $3,250.00 0.2% Guzman Grading 14030 Rose Ave 904543 A, C12 Fontana, CA 92337 $8,636.25 0.4% By submission of this proposal, the Bidder certifies: I. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on Days at�A��,�p rw r CA Dote City Stare Peter Moriarty being first duly swom, deposes and says that he or she is Operations Vice President of Henkels& McCoy, 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. Henkels& McCoy, Inc. Name of Bidder A /✓lam . Signature of Bidder 2840 Ficus Street, Pomona,CA 91766 Address of Bidder G4 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 Fiber Optic Communications for Downtown Fiber Optic Communications—C.C. No. 1621, (lxwexit) 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. Henkels & McCoy, Inc. Contractor By Operations Vice President 'Title Date: boa` C-5 DISQUALIFICA,rION QUES"TIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRF 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 front bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Henkels&McCoy, Inc Contractor By Opertations Vice President Title Date: A Qf- \ .20r C-7 BIDDER'S INFORMATION IIIDDI R certifies that the following information is true and correct: Henkels & McCoy, Inc. Bidder Name 2840 Ficus Street Business Address Pomona CA 91766 City, State Zip (909 ) 517-3011 Telephone Number 183393 A, C-7, & C10 State Contractor's License No. and Class 05/18/1959 Original Date Issued 09/30/2022 Expiration Date The work site was inspected by of our office on , 20_. The following are persons, firms, and corporations having a principal interest in this proposal: Please see attached list of Corporate Officers. C-8 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. Henkels& McCoy, Inc. Co `m any Name ESignature of Bidder Peter Moriarty Printed or Typed Signature Subscribed and sworn to before me this_da 20 NOTARY PURL r NOTARYSEAL d- q4�1 ( C-9 NOTARY CERTIFICATE Subscribed and sworn to before me this 15th day of April 2021. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. State of California ) County of Los Angeles ) On April 15,2021 before me, Jean Scott Yount,Notary Public Month, Day,and Year Insert Name and Title of Notary personally appeared Peter Henkels Moriarty, Jr. Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. � No aX"jC-CA aNu La AnWe County cmmisslon 0 2279177 ssy Comm.E.pkn Ayr 19, ZOtI .Signature 10/ Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-10 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of underground signal conduit, and the installation of fiber optic cable for communication. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: I. City of Beverly Hills - 455 N. Rexford Dr. Beverly Hills, CA 90210 Name and Address of Public Agency Name and Telephone No. of Project Manager: Nicole McClinton (310) 285-2597 $12,130,495 Fiber to Premise December 2018 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Outside Plant Profile -Total miles: 103 Overhead miles: 40 Underground miles: 63 2 TE Subsea Communications, LLC - 250 Industrial Way West, Eatontown, NJ 07724 Name and Address of Public Agency Name and Telephone No. of Project Manager: Gary Ernest (732) 578-7227 $5,690,760 Underground Utility Telecommunications June 2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Install over four miles of conduits and innerducts to provide underground continuity from the beach in Playa Del Rey to the Equinix data center located in the City of El Segundo. 3. Benchmark Contractors, Inc. - 3330 Ocean Park Blvd., Santa Monica, CA 90405 Name and Address of Public Agency Name and Telephone No. of Project Managcr. Matt Buck- (310) 399-1600 Ext. 318 $3,231,066 Underground Utility Construction June 2020 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Trench and place conduit, dig and set vaults. C-II Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. I. Alan Llorens Name of proposed Project Manager Telephone No. of proposed Project Manager: (909) 241-5817 Fiber to Premise, $12,130,495 Fiber Installation December 2018 Project Name & Contract Amount Type of Work Date Completed Pacific Light Cable Network Project, $5,690,760, Underground Utility Telecommunications, June 2019 Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount Type of Work Date Completed 2. Benny Garcia Name of proposed Superintendent Telephone No. of proposed Superintendent: (909) 841-8099 UC Riverside North District Project, $3,238,066, Underground Utilities, June 2020 Project Name & Contract Amount Type of Work Date Completed Pacific Light Cable Network Project, $5,690,760, Underground Utility Telecommunications, June 2019 Project Name & Contract Amount Type of Work Date Completed Project Name & Contract Amount -Type of Work Date Completed C-12 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July I through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SIIEET on SB 854 http://www.dir.ca.gov[DLSE/Public Works/SB854FactShoet_6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://eftl ing.dir.ca.govfP WCR/ActionServiet?action=displayP W C Regi strationForTn DIR's Contractor Registration searchable database: https://efiling.dir.ca.gov/PWCR/Search.action 1 am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded" 1 furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Henkels& McCoy, Inc. Contractor By Operations Vice President .^�nn ^� Title Date:&rl ;)D. aoa \ PWC Registration #i: ....1000000662 C-13 HENKELS & MCCOY GROUP, INC. 985 Jolly Road, Blue Bell, PA 19422 Date Incorporated: November 30, 2015 State of Incorporation: Pennsylvania EIN #: 81-0888039 DIRECTORS T. Roderick Henkels Paul M. Henkels, Jr. David J. Cox James M. Dillahunty James A. Duffy Mary Beth Martino Eileen O'Neill Odum Chuck Enze Benjamin L. Rechter David R. Dunning OFFICERS T. Roderick Henkels Chairman, President & Chief Executive Officer James M. Dillahunty Executive Vice President/Chief Operating Officer Mary Beth Martino Senior Vice President/Chief Financial Officer David J. Cox Senior Vice President James A. Duffy Senior Vice President Michael Cox Senior Vice President Mark K. Anderson Vice President, General Counsel & Secretary Matthew D. Pirollo Treasurer Lawrence A. Marino Assistant Treasurer Michael Sowa Assistant Treasurer P:\VISSER\CORPORATE DOCUMENTS\Directors& Officers Listings\ 10/28/2020 HENKELS & McCOY, INC. 985 Jolly Road, Blue Bell, PA 19422 Date Incorporated: September 26, 1958 State of Incorporation: Pennsylvania EIN ##: 23-1535602 DIRECTORS T. Roderick Henkels James M. Dillahunty Mary Beth Martino OFFICERS David J. Cox President James A. Duffy Executive Vice President, Operations Mary Beth Martino Senior Vice President & Chief Financial Officer Pierre M. Adam Regional Vice President Erol Ozkirbas Regional Vice President Mark K. Anderson Vice President, General Counsel & Assistant Secretary William Herdegen Vice President Dorothy J. Clark Secretary Daniel K. Dallner Assistant Secretary Brian Healy Assistant Secretary Christopher Herm Assistant Secretary Al Lippy Assistant Secretary Matthew D. Pirollo Treasurer Lawrence A. Marino Assistant Treasurer Michael Sawa Assistant Treasurer P:\VISSER\CORPORATE DOCUMENTS\Directors & Officers Listings\ 10/28/2020 Liberty Mutual Insurance Company Liberty 2200 Renaissance Boulevard.Suite 400 Mutualw King of Prussia,PA. 19406-2755 Ph.(610)832-8240 BID BOND Bond Number: BBSU KNOW ALL MEN BY THESE PRESENTS, that we HENKELS& MCCOY, INC. 985 Jolly Road Blue Bell PA 19422 as principal(the"Principal"), and LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts stock insurance company, as surety (the "Surety"). are held and firmly bound unto City of Huntington Beach 200 Main Street, untingdon eac .igee(the "Obligee"), in the penal sum of Ten percent of amount bid Dollars(S 1 e ), for the payment of which sum well and truly to be made, the said Principal and the said Surely, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for: Downtown Fiber Optic Communications C.C. — No. 1621 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein, or, if no period be specified, within sixty (60)days after opening, 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, 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 in money not to exceed the penal sum 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. In no event shall the liability hereunder exceed the penal sum thereof. PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any claim by Obligee under this bond must be submitted in writing by registered mail, to the attention of the Surety Law Department at the address above, within 120 days of the date of this bond. Any suit under this bond must be instituted before the expiration of one (1)year from the date of this bond. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall apply. DATED as of this 13th day of April 20 21 WITNESS/AAxWW HENKELS& McCOY, INC. (Principal) / 1 BY / 7,GS�C^���✓Cy �r (Seal) Kelly Wofff Name: Matthew D. Pirollo Title: Treasurer LIBERT�Y'MUTUA INSURANCE COMPANY By: 14=' r \ (Seal) t `-Attorney-in-Fact Robert D. Garis LMIC-5000 Rev.03/04 This Power of Adorney 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. Llbert� r Liberty Mutual Insurance Company Mu lull1. The Ohio Casualty Insurance Company Certificate No:8204425-969504 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly Organized under the laws of the Slate of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly Organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly Organized under the laws of the State of Indiana(herein cdlec6vely called the-Companies),pursuant to and by authority herein set forth,does hereby name,constitute and appomL Drew W. Gail Robert D Garis Vicki L.Ilippauf all of the city of Amblcr stale of PA each individually if there be more than one named,its true and lawful morneyin-fact to make, execute,seal,acknowledge and deliver,fa and on its behalf as surety and as its ad and deed,any and all undertakings,bonds,remgnizanc s;and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duty signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the Corporate seals of the Companies have been affixed thereto this 28th day of OCtnbe, , 2020 Liberty Mutual Insurance Company hNsuq �{r Igspo WSUgq The Ohio Casualty Insurance Company j20°..ogC�ofm vJ3°oWo�qy� pP=o.roy�o2m West American Insurance Company 6,➢+,c. eC y =o `'' +ya'o a.P d3 C qx) NP dqt >•� -�M . N`' By: m David M.Carey,Assistant Secretary ;o Stale of PENNSYLVANIA '— m County of MONTGOMERY SSo E 00 On this 28th day of October 2020 before me personally appeared David M Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance v m Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes therein Contained by signing on behalf of the Corporations by himself as a duty authorized officer. j r IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year rust above written. ¢z)O (p5P VgSre COMMONWEALTH OF PENNSYLVANIA ...._ O ��OIIIVF(A (( Ndlliel$C81 /�� _ d m ° rrF - 9 iarpfa PexleAe,N°Iary PVOk v/� ' �/� O Ox @ NFFC'Melon TwP AWtl ' ryCww' By: Y// Q� �-�+� ySY NP IAy C°mnnabn E+ymF Nru,2e.202, eresa Paslena,Notary Public Q o r �� IAOnr°.!.Pm.uyHe,u RFaW.ppnd NdRw. CD CT N 4qy PU m This Power of Attorney is made and executed pursuant to and b authority of the fogawi B craws and Authorizations of The Ohio Casualty Insurance Company, Li Mutual 3 m Y P Y b n9 Y Y P Y. �Y O E Insurance Company,and West American Insurance Company which resolutions are now in full face and effect reading as follows: a0 rN E ARTICLE IV-OFFICERS:Section 12.Paver of Attorney. `cum 0 m Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman a the President, and subject to such 5mitatim as the Chairman a the a U President may prescribe,shag appoint such aftomeys-in-fact,as may be necessary to ad in behalf of the Corporabon to make,execute,seal,acknowledge and deliver as surety tO any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys in-fact,subject to the limitations set IaN in their respective powers of attorney,shag have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such 0 m Z insWments shag be as binding as if signed by the President and attested to by Ne Secretary.Any power or authority granted to any representative a attomeyin-fact under the-0 m provisions of this article may be revoked at any time by the Board,the Chairman,the President a by the officer a officers granting such power a authority. °1 ARTICLE All-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 attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective pavers of attorney,shall have full power to bind[he Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-ion fact as may be necessary to ad on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile a mec hanicalty 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,shag be valid and binding upon the Company with the same face and effect as though manually affixed. I,Ranee C.Llewellyn,the undersigned,Assistant Secretary, The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby cenily that the original power cf attorney of which the foregoing is a fug,true and arrect copy of the Power of Attorney executed by said Companies,is in fug force and effect and has not been revoked. Am TESTIMONY WHEREOF,I ha.c hereunto set my hand and affixed the seals of said Companies this 1,2l—day of A � % 091".2, By- Renee C,Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Mu°is-a20 _ Liberty' LIBERTY JtUTUAL INSURANCE COMPANY mutual. ElNA1.c1.u,sr,rreMF:,vr—nh:cr:antlilt 31,zo2o SURETY Assets Liabilities Cash and Bank Deposits............................ $2.058.007.5,12 Unearned Premiwns................................................ s8r148,706,991 Bonds—U.S Government..................................... 2.209,760,437 Reserve for Claims and Claims Expense................ 23.879,2 16,6 13 'Other Bonds............................................................ 15.902.755,586 funds Ileld Under Reinsurance Treaties................. 343,068,613 Rcscn•c for Dividends to Policyholders.................. 1,192,716 'Stocks..................................................................... 18.517.107.230 Additional Statutory Reserve................... .............. 77,397,000 Real Gsmte..........................................---.............. 193.169,809 Reserve for Conuuissions.Taxes and Agents' Balances or Uncollected Premiums........... 6,970.170,469 Other Liabilities................................................ 6.27R510,804 Accrued Interest and Items......................... 118,399,147 Total................................................................. 539,029.092,737 Special Surplus funds................. $178,155,102 Other Admitted Assets............................................ 12,079.597,645 Capital Stock............................... 10,000,075 Paid in Surplus....................... ... 10,945,045.214 Unassigned Surplus.................... 7,886.674,737 'I atal Admitted AsseU....................................S58a--M.267.R65 Surplus to I'ulicyhalJers.................................19,019.875,128 'I'oml Liabilities and Surplus................................S58.Q48.9L1.865 ' 1NSUq+ Bonds are stated at amortized or investment value;Stocks at Association Market Values. ' retz i The foregoing financial information is taken from Liberty Mutual Insurance Company's financial statement fled with the state of(Massachusetts Department of Insurance. I, TIM MIKOLAIEWSKI, Assistant Secretary of Liberty Nlutual Insurance Companv, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation.as ol'December 31,2020,to the best of my knowledge and belief. IN WFINESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 25° day of March,2021. 1 6t111AY'vc � . Assistant Secretary S-12621 MICla 301 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of C0491!mia Pennsylvania County of Montgomery ) �r�l— On � � 1�� ( Ali✓�1� before me, (insert name and title of the officer) personally appeared Robert D. Garis, Attorney-in-Fact 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. Pennsylvania I certify under PENALTY OF PERJURY under the laws of the State of Cafl(OxNa that the foregoing paragraph is true and correct. Corrvnonwealth of Pennsylvania-Notary Seal ADRIANA DONAT, Notary Public Montgomery County WITNESS my hand and official seal. My commission expires October 19,2024 Commission Number 1382423 Signatur ,( tl U'�(i /f. l '` (Seal) I Weft "SEALED BID" "P aM For the ^� Fiber Optic Communications p for y12o121 Downtown Fiber Optic Communications - C.C. No. 1621 I.Oppn n-4 in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL A DELIVER TO THE OFFICE OF THE CITY CLERK, 2000 MAIN STREET, SECOND FLOOR wr P' i r City of Huntington Beach _. :.' 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ Nv%Niv.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk August 3, 2021 International Line Builders, Inc. DBA ILB Electric 3955 Temescal Canyon Road Corona, CA 92883 RE: Fiber Optic Communications for Downtown Fiber Optic Communications — CC No. 1621 Enclosed please find your original bid bond for CC-1621. Sincerely, 94�an4d� Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For the Construction of Downtown Fiber Optic Communications -C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 8, 2021 Notice To All Bidders Please note the following clarification to the Project Plans, Specifications, and Special Provisions' 1) PART 1 - GENERAL PROVISIONS, SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES, 5-7.9.1 -Work Area Traffic Control - General The following paragraph is deleted from Section 5-7.9.1: Prior to the beginning of work, the Contractor shall execute the provided construction traffic control plan prepared per current AGENCY guidelines to safely prosecute the construction work involved with a minimum of inconvenience to the motoring public. The following shall be inserted in place of the deleted paragraph: Prior to the beginning of work on Pacific Coast Highway, the Contractor shall execute the construction traffic control plan prepared in conformance with the provisions of SECTION 7 - MEASURE AND PAYMENT, Section 7-3.3 Payment Bid Items for Bid Item No. 1 - Mobilization. 2) PART 1 -GENERAL PROVISIONS, SECTION 7 - MEASURE AND PAYMENT, 7-3.3 - Payment Bid Items, Bid Item No. 18 - Fumish and Install 72 Single Mode Fiber Optic (SMFO) Cable with Mule Tape and #10 AWG Tracer Wire The second sentence of the third paragraph shall be deleted: Fiber optic cable shall be twelve (12)-fiber as indicated on the plans, dielectric single mode, loose tube, and rated for using in underground systems. The following shall be inserted in place of the deleted sentence: Fiber optic cable shall be 72-fiber as indicated on the plans, dielectric single mode, loose tube, and rated for using in underground systems. This is to acknowledge receipt and review of Addendum Number One. dated above. International Line Builders. Inc. DBA ILB Electric �. Company Name By 04/08'2021 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal For Addendum questions, please call William Janusz at (714) 374-1628 within 24 hours of posting. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431 , Fax (714) 374-1573 ADDENDUM NUMBER TWO For the Construction of Downtown Fiber Optic Communications - C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 13, 2021 Notice To All Bidders Please note the following clarification to the Project Plans. Specifications, and Special Provisions: 1) PART 1 - GENERAL PROVISIONS, SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES. 5-3 - LABOR The following section and paragraph is added: Section 5.3.1 - General: [Add the following:] All workers that need to enter the Police Department substation facility will need to submit to a background check. They must have no felony convictions. Misdemeanor convictions will be evaluated on a case by case basis by the watch commander. Workers will need to be escorted at all times while inside the facility. The contractor shall coordinate with the Public Works Contract Administrator a minimum of three working days prior to entry into the Police Department facility. This is to acknowledge receipt and review of Addendum Number Two, dated above. 4 International Line Builders, Inc. DBA ILB Electric Company Name B 04'13/2021 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal For Addendum questions, please call William Janusz at (714) 374-1628 within 24 hours of posting City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE For the Construction of Downtown Fiber Optic Communications - C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 13, 2021 Notice To All Bidders: Please note the following clarification to the Project Plans. Specifications, and Special Provisions: 1) PART 1 - GENERAL PROVISIONS, SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES, 5-7.9.1 - SAFETY, Work Area Traffic Control, General The following paragraph shall be added after the thirteenth paragraph: In the area between Pacific Coast Highway and the Pier, all excavations shall be backfilled or plated at the end of each work day. Vehicular access must be maintained on to the pier at all times. All barricades must be removed and a level walking surface must be in place on Saturdays and Sundays. This is to acknowledge receipt and review of Addendum Number Three, dated above International Line Builders, Inc. DBA ILB Electric a Company Name By/ 04/13/2021 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal For Addendum questions. please call William Janusz at (714) 374-1628 within 24 hours of posting SECTION C PROPOSAL for the construction of' Fiber Optic Communications for Downtown Fiber Optic Communications—C.C. No. 1621 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 75 working days, starting from the date of the Notice to Proceed. The undersigned acknowledges that the issuance of Notice to Proceed will occur in October 2021. 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 PROM 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 re-advertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. GI 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 for 10% in the amount of Ten Percent 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 for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda .Vo. Date Received Bidder's Signature 1 04/08/2021 2 04/13/2021 3 04/13/2021 C-z SECTION C PROJECT BID SCHEDULE A Downtown Fiber Optic Communications -C.C. No. 1621 BID ITEMS Cr. `'`.r5' -s. TOt81CUst ", Item �,N,-�,( �n Description �v, ! fi PrQ tY .- i y^�j' * �,p' '�%. uantt Unit 7tUnit Cost' }` '* t- v1,3` >�NO�? -- 3�as:�i7j �� N 3':.S Sd e. 4 +s 1 . ;ka{ t Xt� a �k i .. »SY3dk sa a_k Itensl0 f' I Mobilization (including Caltrans I LS $ Encroachment Permit Coordination) 2 Traffic Control 1 LS $ A/,823 $ /`/, 023 Preparation of Project Specific Storm 3 Water Pollution Prevention Plan (SWPPP) I LS $ Ni /7(e- $ &j 1 776P— and Water Pollution Control Program WPCP er Caltrans Involvement 4 Installation and Maintenance ofBMP's per I LS $quy $ 9 � the approved SWPPP and WPCP 5 Furnish and install 2" Sch. 80 PVC 11,266 LF S conduit, pull tape + tracer wire r76 Furnish and install 1.5" HDPE Innerduct 150 LF $ $ �� and pull tape Furnish and install 3" rigid steel conduit, 35 LF S $ .3 Z o' pull tape +tracer wire 8 Fumish and install 45 Degree 3" L.B. 5 EA S 3S3' $ �(o� 9 Furnish and install No. N40 Pull Box/ 12 EA $ 37 $ ZS��ca Splice Vault 10 Furnish and install No. 6E Pull Box I EA S 3,Z13q $ 3 se 11 Furnish and install No. 6 Pull Box 44 EA S 2 9 $ 12 Furnish and install No. 6T Pull Box 1 EA $ Z�y $ Z 5107 a13Remove and salvage existing pull box 2 EA $ Zy $ C-2.1 a 3y y9��Y'4'`�i `F Aescrlptlon�y�,�v��?3Fp��+T,r,��^�•• �}„QRBRtIt�� .ojjlRlt �.�I�C09t:�'� �r�1� "tilkj f*1No�. .��•_at.�*.".t�.vr,��.�'�,n�;�tt5-�.�sb���, -s:�_.. ..,r..,am,�a. . �r.�. �.. .;_.;�...a.a�. s�: Extension �a 14 Install Conduit into Existing Pull Box 2 EA $ Zy $ YG 15 Connect new conduit to existing conduit 2 EA $ Furnish and install 144 strand Single Mode $�P3� �$8 16 Fiber Optic Cable + pull tape in 12,112 LF $ existing/proposed conduit Furnish and install 12 Strand Single Mode 17 Fiber Optic drop cable + pull tape in 2,037 LF $ 3_ $ tP existing/proposed conduit Furnish and install 72 Strand Single Mode 18 Fiber Optic drop cable + pull tape in 350 LF $ 50 $ 7�' existing/proposed conduit Furnish and install underground Fiber 19 Optic Splice Enclosure. Perform splice of 9 EA $ A 1co3 $ �7T fiber optic cable(s) p 20 Furnish and install 12/24 Port Fiber Patch 8 EA $ gl 9 ' $ 7 Panel complete. Terminate fiber optic cable Furnish and install new 144 port Fiber 21 Distribution Unit (FDU) complete (rack 1 EA $ mount) Furnish and install new Ruggedcom Rack 22 Mount Ethernet Switch, SFP modules, 2 EA $ $ 6e, `I'G4 power supply and patch cords complete 23 Remove and salvage Yagi antenna I EA $ S9 $ 5- 5-Install Type 332L Cabinet (City Furnished) 24 and Construct Foundation (Including 1 EA $ 7i1333 $ 7 833 Conductors and Cables, Bonding and Grounding Complete) Relocate existing 170E controller to new 25 332L Cabinet (including MMU and 1 EA $ 4,S Furnishing and installing 170E Ethernet Modem Card 26 Furnish and install 19" wall-mounted 1 EA $1, 39-4cr" $ /, ?z& server rack enclosure 27 Perform Traffic Network System I LS $30 0V $ 30F 924 — Integration C-2.2 +� ti Ca t 1tY ,S- Ah.... ' sb i <N�•"O'�c!'RS`*�'Nt� i^£ �s'`titL4 �`».t'�Y• 'l uT TOtali '09 Itemfi ; D�egcnphon+ Qaanhty� Umt �3 Jmt4CostI�r w_tal gPIOY, aC`x�. n�$YSLr 3f. tlf.�.. � � .tx4 Y?A�f?5e ._.. bZi �2 4s�P�tS 4c 7Ctena�on 28 Test Network Communications and System I LS $J� Documentation 29 As-Built Plans 1 LS $ TOTAL BID AMOUNT—SCHEDULE A (BASIS OF AWARD) TOTAL BID�[MOUNT IN WORDS: '' 11I4.( ) /J I'14 /L. Note: Refer to Section 7, Measurement and Payment. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The owner reserves the right to reject any or all proposals and bid items. PROJECT BID SCHEDULE B Downtown Fiber Optic Communications— C.C. No. 1621 7�.� ADDITIVE ALTERNATIVE BID ITEM NO. 1 ayi`.Item'�f�jraS``Zi�S' �,w ..� •+s` i _l'"—Cw + �LQUantlty w'Unit'i ' Umt Costa v"� }Y e,..1c" k;'tf`� 4kNo:a, e'L'.y'."..�..• .cYc-zkt#'�+.,ivtd_ .lti^.VN `b'u`.L" 'wf�. -� 1 `r`,3�5.�3Ys .�"..Qt.Yaal..o._t ':.� � ztn9ion :3 1 Fiber Optic communications from Police I LS $ dui $ Z/ �� oef— Substation to Downtown Parking Structure TOTAL BID AMOUNT—SCHEDULE B (ADDITIVE ALTERNATIVE $ �2(P tog f BID ITEM NO. 1) TOTAL BID MOUNT IN WORDS: /nA¢ 4b �O �a� t�� Sri �itvr �» �r sZ1 NinF Qo"A/'j Note: Refer to Section 7, Measurement and Payment. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The owner reserves the right to reject any or all proposals and bid items. C-2.3 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. Bid Name and Address of Subcontractor State ClaT7Amount °o of Tlem(s) License Contract 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-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 201h at April, 2021 Corona CA Date City Slate Arnold Arias being first duly sworn, deposes and says that he or she is Vice President of international Line Builders Inc USA ILB Electr, 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. International Line Builders. Inc. DBA ILB Electric Name of Bidder gnanue oPBTdd& Arnold Arias - Vice President 3955 Temescal Canyon Road, Corona. CA 92883 Address of Bidder G4 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 Fiber Optic Communications for Downtown Fiber Optic Communications— C.C. No. 1621, (I)(wexit) 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. International Line Builders Inc. DBA ILB Electric Contractor B Arnold Arias - Vice Pr sident Title Date: 04/20/2021 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, 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 53 No If the answer is yes, explain the circumstances in the space provided. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers 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. International Line Builders Inc DBA ILB Electric Contractor By Arnold Arias - Vice President Title Date: 04/20/2021 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: International Line Builders, Inc. DBA ILB Electric Bidder Name 3955 Temescal Canyon Road Business Address Corona CA 92883 City, State Zip ( 95� 682-2982 Telephone Number 782515, A-C10 State Contractor's License No. and Class 08/07/2000 Original Date Issued 08/31/2022 Expiration Date The work site was inspected by Nick Harman of our office on April 14 12021 The following are persons, firms, and corporations having a principal interest in this proposal: Michael Bass - President William Davenport - President Arnold Arias - Vice President Brad Hulquist - Vice President C-8 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. International Line Builders Inc DBA ILB Electric — Company Name S Si f Bidder Arnold Arias - President Printed or Typed Signature Subscribed and sworn to before me this Iq day of KV 20b1. e� re a� re ° NOTARY PUBLIC !Za 5e432 NOTARY SEAL C-9 NOTARY CERTIFICATE Subscribed and sworn to before me this _ day of 20_ . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of _ ) County of ) On before me, Month, Day, and Year Insert Name and Title of Notary personally appeared _ Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. U Signature Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-10 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy. or validity of that document. State of California County of Riverside ) On Aped I�1�� t1 before me. Brenda McKinney, Notary Public (insert name and title of the officer) personally appeared AQnold At61l. Vic&,�ldt, ll- who proved to me on the basis of satisfactory evidence to be the person(X whose nameo(( subscribed to the within instrument and acknowled ed to me that t@7 tWtt�y executed the same in (igp**ir authorized capacity(ig(). and that by W'hAr/ftir signs ure(Q on the instrument the sonilk. or the entity upon behalf of which the person#j 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. 0.nenia County Commrown+IAN25 by Corm.Eaw,rW 14.20:i Signature y -I (Seal) Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of underground signal conduit, and the installation of fiber optic cable for communication. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. Beador Construction / 26320 Lester Cir. Corona CA 92883 Name and Address of Public Agency Name and Telephone No. of Project Manager: David Beador. # (951) 674-7352 $460 784 46 Fiber Optic 11/30/2020 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Install new fiber and splice 2. City of Santa Clarita / 23920 Valencia Boulevard Name and Address of Public Agency Name and Telephone No. of Project Manager: Ramiro Fuentes # (661)259-2489 $262,312.55 Fiber Optic 05/31/2020 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Furnishing & Installing Fiber-optic cable conduit pull boxes & signal communications equipment 3. SEMA Construction Inc /320 Goddard Suite 150 Irvine CA 92618 Name and Address of Public Agency Name and Telephone No. of Project Manager: Robert Torres # (949) 470-0500 $144 380 81 Fiber Optic 01/31/2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Caltrans 12-ON0804 Install Inner Duct Conduit Fiber and Splice cat Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of' this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. Shaun Latham Name of proposed Project Manager Telephone No. of proposed Project Manager: (951) 963-3029 Loma Linda Fiber Optic Installation/$121,871.00/ Fiber Optic 05/30/2021 Project Name & Contract Amount Type of Work Date Completed Culver/University Intersection Improvements/S460.784.47/ Fiber Optic 11/30/2020 Project Name & Contract Amount Type of Work Date Completed Anaheim Blvd/Ball Road Intersection Improvements/$699,692.16/ Electrical 07/31/2020 Project Name &Contract Amount Type of Work Date Completed 2. Corey Britt Name of proposed Superintendent Telephone No. of proposed Superintendent: (951) 289-7932 Loma Linda Fiber Optic Installation/$121 871 00/ Fiber OpliC nsranrnrnn Project Name & Contract Amount Type of Work Date Completed Culver/University Intersection Improvements/$460,784.47/ Fiber Optic 11/30/2020 Project Name& Contract Amount Type of Work Date Completed Anaheim Blvd/ Ball Road Intersection Improvements/$699,692.16/ Electrical 07/31/2020 Project Name& Contract Amount Type of Work Date Completed C-12 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July 1 through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 hup://www.dir.ca.gov/DLSE/Public Works/SB854FactShoet-6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efi l in g.d ir.ca.gov/P W CR/ActionServlet?action=displayP W CRegistrationForm DIR's Contractor Registration searchable database: https:flefiling.dir.ca.gov/PWCR/Search.action 1 am aware and will comply with the provisions of Labor Code Section 1771.1(a)which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. International Line Builders Inc DBA II B Electric Contractor By Arnold Arias - Vice President__ Title Date:04/ n/ 021 PWC Registration 4: 10000.Q7032 ......•.... C-13 CERTIFICATE I, Anthony J. Ford, hereby certify that I am the duly elected and qualified Assistant Secretary of International Line Builders, Inc., a Delaware corporation; and I further certify that, pursuant to a resolution adopted by Written Consent of the Board of Directors dated March 24, 2020, the persons named below have been duly elected, have qualified and are officers of the Company holding the offices set forth opposite their respective names: Jeffrey S. Thiede Chair of the Board and Chief Executive Officer Michael A. Bass President William B. Davenport President— ILB Electric Arnold Arias Vice President —Civil Operations Daniel R. Haggard Vice President Bradley R. Hulquist Vice President — Accounting and Assistant Secretary Thomas D. Nosbusch Vice President — Business Development and Operations Support Jon B. Hunke Treasurer Daniel S. Kuntz General Counsel and Secretary Anthony J. Ford Assistant Secretary Nicholas A. Olsen Assistant Secretary I further certify that the following is a true and correct copy of Section 5.13 of the Bylaws of International Line Builders, Inc. which sets forth the powers of the officers to execute documents; and that said Bylaw Section is presently in full force and effect: 5.13 Execution of Instruments. All deeds, bonds, mortgages, notes, contracts and other instruments shall be executed on behalf of the Corporation by the Chairman of the Board, the Chief Executive Officer, the President. any Vice President or Assistant Vice President, the General Counsel, any other officer who performs a policy-making function (such as administration, operations, accounting, or finance) or such other officer or agent of the Corporation as shall be duly authorized by the Board of Directors. Any officer or agent executing any such documents on behalf of the Corporation may do so (except as otherwise required by applicable law) either under or without the seal of the Corporation and either individually or with an attestation, according to the requirements of the form of the instrument. If an attestation is required, the document shall be attested by the Secretary or an Assistant Secretary or by the Treasurer or an Assistant Treasurer or any other officer or agent authorized by the Board of Directors. When authorized by the Board of Directors, the signature of any officer or agent of the Corporation may be a facsimile. IN WITNESS WHEREOF. I have hereunto set my hand on April 3. 2020. Anthony J. Ford, Assistant Secretary oLiberty Mutual.SURETY Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name,legal status and principal place al'business) International Line Builders, Inc. DBA ILB Electric Liberty Mutual Insurance Company 3955 Temescal Canyon Road 175 Berkeley Street This document has important Corona, CA 92883 Boston, MA 02116 legal consequences. Consultation with an attorney OWNER: MAILING ADDRESS FOR NOTICES: is encouraged with respect to (Name, legal status and address) its completion or modification. City of Huntington Beach Any singular reference to 2000 Main street Contractor,Surety,Owner or Huntington Beach, CA 92648 other party shall be considered plural where applicable. BOND AMOUNT: 10% Ten Percent of Amount Bid PROJECT: (Name,location or address,and Project number. ifany) Downtown Fiber Optic Communications -C.C. No. 1621 The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner 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.The Surely hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontmctoes hid to a Contractor,the term Contractor in this Band shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be decreed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 20th day of April 2021 '4y1 / International Line Builders, Inc. DBA ILB Electric (Tvitnexs) (Contractor as Principal) /f (Seal) By. /, -/ /Y (Title) It �. (14Z 6P61"49ra�5 Sr.cA K o kL U ^ e nQJ yA g,d/22,f Liberty Mutual Insurance Company (Tl atness) (Sure (Title) Fteather R. Goedtel,Attorney-in-Fact Init. Liberty Mutual Surety vouches that the original text of this document conforms exactly to the text I rra&208M.M1 in AIA Document A310-2010 Edition Bid Bond. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy. or validity of that document. State of California County of Riverside ) On ApQA1 ''0,'aD-D'1 before me. Brenda McKinney, Notary Public (insert name and title of the officer) personally appeared Ae Irj)d erCACAS, V i(-.O,,_DQjAfiCl-fn1- who proved to me on the basis of satisfactory evidence to be the personk whose namepX is e subscribed to the within instrument and acknowledged to me that ie sk/tMy executed the same in s $tr/to�ir authorized capacity(j*s). and that by is r/t Ir signature(Alon the instrument the p rson* 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. BRENDA 4CKINNEY WITNESS my hand and official seal. Rj�erside County O No,ac+v ci+ -caiim nia Comrlssion 2e125Y Corm.E.pi,es Feo 19. 2023 Signature (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Ga17f=09 Minnesota County of i i enn•pin ) On April 20,2021 before me, Nicole Langer,Notary Public (insert name and title of the officer) personally appeared Heather R. Gocdtel, Attomey-in-Fact 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 BatlforKm that the foregoing paragraph is true and correct. Minnesota WITNESS my hand and official seal. acotEcar rainEt r:ce r:ocary D.bk ... „inn25oca Commission E-ores t \• '- Jan 31.2023 Signature (Seal) 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 Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Candidate No:8202635-190003 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duty organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duty organized under the laws of the Slate of Indiana(herein collectively called the'Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint Blake S. Bohlig Brian D.Carpenter,Kelly Nicole Enghauser,Ileather R.Goedtcl,Michelle Bolter,Jessica Iloff,Nicole Langer,Craig Olmstead,Laurie Pflug ag of the city of Bloominmon state of Minnesota each individually it there be more than one named,its true and Iavlul attorney-in-fact to make, execute,seal,acknowiedge and deliver,for and m its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in then own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 21 st day of November , 2019 . Liberty Mutual Insurance Company `1Nsuq `tv Iwsu a hNsuq The Ohio Casualty Insurance Company j jooN°W�cryF Pq`�3�o^EOY��y 4P ooN°49'fn West American Insurance Company ui � a =c�919Pd; as 1991 °d; By: � David M.Carey,Assistant Seuelary � m Staleof PENNSYLVANIA ss County of MONTGOMERY m e> On this 21 st day of November 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o O 2 Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes—h d > Herein contained by signing on behalf of the corporations by himself as a duty authorized officer, u LU E cur m IN WITNESS WHEREOF, have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. cy Otoa) F PAST p0 4.°' °pact EE COMMONWEALTH OF PENNSMANIA QV� ?`FU Eat'; Nolarial5aal 0, OF r M Pasfelln,Noury Pirtle /(/ m 6 N tipper Man-n T.P..Montaonivn'Court' By: La � N cry c M�cnnm:,3gn E.P:os Mmcn 28,2o2I 3 E Tstella,Notary Public cr m a %oTq�,�, N^^,e..PxrvsyNPi�AawOaYn a Ndlnvf a o m � This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual t o c Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o d E ai ARTICLE IV-OFFICERS:Section 12,Powerof Attorney. D3 o Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President and subject to such Lmitation as the Chairman or the 0 a >. President may prescribe,shall appoint such attwneysJn-fact as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >o Co c any and all undertakings,bonds,recognizances and other surety obligations.Such aaomeys4nAacL subject to the limitations set forth in their respective powers of allomey,shall t N > have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed, such —c9 Z inswments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or adomey-In-fact under thew n provisions of This article may be revoked at anytime by the Board,the Chairman,the(resident orby the officer w officers granting such power w authority. o 0 ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. U Any officer of the Company authorized for that purpose inwriting by the chairman w the president,and subject to such limitations as the chairman or the president may prescribe, H shall appoint such attorneys-in-fad,as may be necessary to act in behalf of the Company to make,execute,seat acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attome"-fact subject to the limitations set forth in their respective powers of attorney,shag have full power to bind the Company by dear signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shag be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attomeysJn- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizanoes and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Gompany consents that facsunge 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. I,Renee C.Uewellyn,the undemgned,Assistant Secretary,The Ohio Casually Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby cerfily that the orginal power of attorney of which the foregoing is a fug,We and correct copy of the Power of Attorney executed by said Companies,is in full face and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 201h day of April 2021 `{V INaUa � 1NSUq z JPOOaro,p,r yy4P`°avoy'�•Lc `-' (0 (30 P � EO n ¢ 3 EO In 1919 a 1991 oc9=O s�'h,.v+�P a; Y '+'o,•x. Ly- dq *�a s3 as Renee C.Uewl9lyn,Assistant Secretary ! M . x LMS12813 LMIC OCIC WAIC MJb Co-0e2o18 a= CIL B I:LMMVMIMDM UK 3955'I'emesca1 Canyon Road Corona.CA 92883 1 a ' SEALED131U"" „ For she UI Fiber Optic Com municmiom for Doxntnxn Fiber Optic Com munirvtinns—CC—Na 1621 in the CITYOF IIU.\TNGI'ON ISEACII—I1O No f OPF,N WIl'11 REGUI1 R MML DELIVER 10 TUE OFFICE OF THE CI'1'1 CLERK.300 MAIN STREE I, SECOND FLOOR City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ ��1�tiv.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk August 3, 2021 Select Electric, Inc. 2790 Business Park Drive Vista, CA 92081 RE: Fiber Optic Communications for Downtown Fiber Optic Communications — CC No. 1621 Enclosed please find your original bid bond for CC-1621. Sincerely, �&¢anzdj . Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431 , Fax (714) 374-1573 ADDENDUM NUMBER ONE For the Construction of Downtown Fiber Optic Communications — C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 8. 2021 Notice To All Bidders Please note the following clanfication to the Project Plans. Specifications, and Special Provisions 1) PART 1 - GENERAL PROVISIONS, SECTION 5 — LEGAL RELATIONS AND RESPONSIBILITIES, 5-7.9.1 —Work Area Traffic Control - General The following paragraph is deleted from Section 5-7.9.1: Prior to the beginning of work, the Contractor shall execute the provided construction traffic control plan prepared per current AGENCY guidelines to safely prosecute the construction work involved with a minimum of inconvenience to the motoring public. The following shall be inserted in place of the deleted paragraph: Prior to the beginning of work on Pacific Coast Highway, the Contractor shall execute the construction traffic control plan prepared in conformance with the provisions of SECTION 7 — MEASURE AND PAYMENT, Section 7-3.3 Payment Bid Items for Bid Item No. 1 — Mobilization. 2) PART 1 —GENERAL PROVISIONS, SECTION 7 — MEASURE AND PAYMENT, 7-3.3 — Payment Bid Items, Bid Item No. 18 — Furnish and Install 72 Single Mode Fiber Optic (SMFO) Cable with Mule Tape and #10 AWG Tracer Wire The second sentence of the third paragraph shall be deleted: Fiber optic cable shall be twelve (12)-fiber as indicated on the plans, dielectric single mode, loose tube, and rated for using in underground systems. The following shall be inserted in place of the deleted sentence: Fiber optic cable shall be 72-fiber as indicated on the plans, dielectric single mode, loose tube, and rated for using in underground systems. This is to acknowledge receipt and review of Addendum Number One, dated abqA.. Select Electric, Inc. l Company Name By 4/8/2021 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal For Addendum questions, please call William Janusz at (714) 374-1628 within 24 hours of posting. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431 , Fax (714) 374-1573 ADDENDUM NUMBER TWO For the Construction of Downtown Fiber Optic Communications — C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 13, 2021 Notice To All Bidders: Please note the following clanfication to the Project Plans, Specifications. and Special Provisions: 1) PART 1 - GENERAL PROVISIONS, SECTION 5— LEGAL RELATIONS AND RESPONSIBILITIES, 5-3 — LABOR The following section and paragraph is added: Section 5-3.1 - General: [Add the following:] All workers that need to enter the Police Department substation facility will need to submit to a background check. They must have no felony convictions. Misdemeanor convictions will be evaluated on a case by case basis by the watch commander. Workers will need to be escorted at all times while inside the facility. The contractor shall coordinate with the Public Works Contract Administrator a minimum of three working days prior to entry into the Police Department facility. This is to acknowledge receipt and review of Addendum Number Two, dated a Select Electric, Inc. Company Name By 4/13/2021 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. For Addendum questions. please call William Janusz at (714) 374-1628 within 24 hours of posting City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431 , Fax (714) 374-1573 ADDENDUM NUMBER THREE For the Construction of Downtown Fiber Optic Communications — C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 13, 2021 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) PART 1 — GENERAL PROVISIONS, SECTION 5 — LEGAL RELATIONS AND RESPONSIBILITIES, 5-7.9.1 — SAFETY, Work Area Traffic Control, General The following paragraph shall be added after the thirteenth paragraph: In the area between Pacific Coast Highway and the Pier, all excavations shall be backfilled or plated at the end of each work day. Vehicular access must be maintained on to the pier at all times. All barricades must be removed and a level walking surface must be in place on Saturdays and Sundays. This is to acknowledge receipt and review of Addendum Nu ber Three, dated Select Electric. Inc. Company Name y 4/13/2021 Dale All bidders must acknowledge and include the receipt of this Addendum with your bid proposal For Addendum questions, please call William Janusz at (714) 374-1628 within 24 hours of posting CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the construction of Downtown Fiber Optic Communications—C.C. No. 1621 in the CITY OF HUNTINGTON BEACH �J 24100 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: April 20, 2021 2:00 PM,2ND FLOOR City Clerk's Office SEAN CRUMBY, P.E., DIRECTOR DEPARTMENT OF PUBLIC WORKS 1 SECTION C PROPOSAL for the construction of Fiber Optic Communications for Downtown Fiber Optic Communications — C.C. No. 1621 in the CITY OF HUNTINGTON REACH TO THE HONORABLE :\1AYOR AND �1EMBERS 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 Cite of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 75 working days, starting from the date of the Notice to Proceed. The undersigned acknowledges that the issuance of Notice to Proceed will occur in October 2021 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 ("orth in the l'ollowing 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 RESI=RVL=S THE RIGHT TO DFLETE ANY ITEM FROM THF. CONTRACT. It is agreed that the unit and/or lump Sum prices bid include all appurtenant expenses, taxes, rovalties. 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 re-advertise 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 10% of Bid 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 for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received B' is signa44C 1 4/9/2021 2 4/13/2021 3 4/13/2021 C-i SECTION C PROJECT BID SCHEDULE A Downtown Fiber Optic Communications—C.C. No. 1621 BID ITEMS Item - --- Total Cost No. Description Quantity Unit Unit Cost Extension I Mobilization (including Caltrans 1 LS S 3t u S 31.g33'� Encroachment Permit Coordination) T 2 Traffic Control I LS $ gAp $2.0,0000'00 Preparation of Project Specific Storm 3 Water Pollution Prevention Plan (SWPPP) 1 LS $1 q.00 S 00 and Water Pollution Control Program WPCP r Caltrans Involvement 4 Installation and Maintenance of BMP's per I LS S i,4%0* D $1�180 the approved SWPPP and WPCP 5 Furnish and install 2" Sch. 80 PVC 11,266 LF S 45 O° S�ol%(D'10 conduit, pull tape+ tracer wire 6 Furnish and install 1.5" HDPE Innerduct 150 LF S 2A0'00 $W.000'00 and pull tape 7 Furnish and install 3" rigid steel conduit, 35 LF S 100 Oo $&WO pull tape + tracer wire 8 Furnish and install 45 Degree 3" L.B. 5 EA S 3�410'o10 $ i-1,]90'00 9 Furnish and install No. N40 Pull Box/ 12 EA $4,101P5 S955'9W.00 Splice Vault 10 Fumish and install No. 6E Pull Box 1 EA $2.+t15 O" S2.A16'o0 11 Furnish and install No. 6 Pull Box 44 EA SJAJA°° S gq-br32� 12 Furnish and install No. 6T Pull Box 1 EA $2.1084 S A&j.00 13 Remove and salvage existing pull box 2 EA S�+�� $ '10110'00 C-2.t Item —� -- -_ Total Cost ' No. Description Quantity Unit Unit Cost Extension 14 Install Conduit into Existing Pull Box 2 EA S�'� $-M to' 00 15 Connect new conduit to existing conduit 2 EA S2a� $ 5te— Fumish and install 144 strand Single Mode 16 Fiber Optic Cable+ pull tape in 12,112 LF $ ,—3 S kA310._ existing/proposed conduit Fumish and install 12 Strand Single Mode op pp 17 Fiber Optic drop cable + pull tape in 2,037 LF $ 7. S tJ,OI�►' existing/proposed conduit Furnish and install 72 Strand Single Mode 18 Fiber Optic drop cable+ pull tape in 350 LF S 1:00 $ -100.00 existing/proposed conduit Furnish and install underground Fiber o0 00 19 Optic Splice Enclosure. Perform splice of 9 EA $�100 S e1,g00. fiber optic cable(s) 20 Fumish and install 12/24 Port Fiber Patch g EA $�Jt7Od $ 00 Panel complete. Terminate fiber optic cable Fumish and install new 144 port Fiber AQA20 21 Distribution Unit (FDU) complete (rack 1 EA $8AW1 S wbl mount) Fumish and install new Ruggedcom Rack 100 22 Mount Ethernet Switch, SFP modules, 2 EA S�I10' $�,3400`� power supply and patch cords complete 23 Remove and salvage Yagi antenna 1 EA $ 1415.00 $ 6425'GO Install Type 332L Cabinet (City Furnished) 24 and Construct Foundation (including 1 EA 5 S 4, 014I Conductors and Cables, Bonding and Grounding Complete) Relocate existing 170E controller to new .00 25 332L Cabinet (including MMU and 1 EA $y.g11 $ �181I o Furnishing and installing 170E Ethemet Modem Card 26 Furnish and install 19" wall-mounted I EA SA2 ifr $ 1,106'p0 server rack enclosure 27 Perform Traffic Network System I LS $1,1A1.00 51MI.00 Integration C-2.2 Item. - --- T0t21 Cost No. Description Quantity Unit Unit Cost =tension Test Network Communications and System on 2S 1 LS $yp�u2b: S llP,►1210' Documentation 29 As-Built Plans 1 LS TOTAL BID AMOUNT-SCHEDULE A (BASIS OF AWARD) TOTAL BID AMOUNT IN WORDS: i - trt AIio n , SIA 1San jnyf°a Y.. .,,,,arnri okncA 4 3(`t A-f'iye do11A'fs' tTnd zc= t-ey� Nore: Refer to Section 7, Measurement and Payment. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The owner reserves the right to reject any or all proposals and bid items. PROJECT BID SCHEDULE B Downtown Fiber Optic Communications-C.C. No. 1621 ADDITIVE ALTERNATIVE BID ITEM NO. 1 7BIID Total Cost Item Description Quantity Unit Unit Cost Extension Fiber Optic communications from Police 1 LS Substation to Downtown Parkin Structure AL BID AMOUNT-SCHEDULE B(ADDITIVE ALTERNATIVE $ aS.2 TEEM NO. 1) TOTAL BID AMOUNT IN WORDS: t�N1t��ilA T1vL t'+noti rri �,-lthto vy� Yid :bjM=L- y-e Aollaf-S and Nore: Refer to Section 7, Measurement and Payment. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The owner reserves the right to reject any or all proposals and bid items. C-2.3 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. Bid Name and Address of Subcontractor State Class Dollar of Item(s) License Amount Contract 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-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 4/16/21,at Cerritos ,_ Date City State Jeremy Coriale being first duly sworn, deposes and says that he or she is President of Select 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. Select Electric Inc. Name of "dder igna of Bi er 2790 Business Park Dr. Vista, CA. 92081 Address of Bidder C4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Fiber Optic Communications for Downtown Fiber Optic Communications— C.C. No. 1621, (I)(wexit) 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. Select Electric Inc. Contractor B President Title Date: 4/16/21 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, 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. G6 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. Select Electric Inc. Contractor B President Title Date: 4/16/21 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Select Electric Inc Bidder Name 2790 Business Park Dr Business Address Vista CA 92081 City. State Zip ( 562 )584-1766 Telephone Number 297034 - A B. C-7 C-10 State Contractor's License No. and Class 08/09/1974 Original Date Issued 10/31/2022 Expiration Date The work site was inspected by Landon Smith of our office on April 7, 2021 The following are persons, firms, and corporations having a principal interest in this proposal: Select Electric Inc. Jeremy Coriale President Sam Pasanisi, Asst. Secretary Mario Tapanes Secretary C-8 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. Select Electric Inc. Company Name Signa of Bi er Jeremy Cnriale Printed or Typed Signature Subscribed and sworn to before me this 16 day of April _ , 2021 D"A L.OWENS Notry IWik-CA MOMIA Los w gMffi CwMy _ CommhuM 11�09){ my Comm.Exol'es Wy 7.1011 NOTARY PUBLIC ' NOTARY SEAL C-9 NOTARY CERTIFICATE Subscribed and sworn to before me this_day of 20_ . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of a1%fMr-r*j.1 a ) County of ) On before me. Month,-Day,arfd Year Insert Name and Title ckN —+� otary personally appeared W-.[' YYl U C n r I a le ame(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OUN1 L.OWENS WITNESS my hand and official sea]. rotary PUNK•alKrM+ Los An"county I! Commmsion 11240976 my Comm E+Wnn M+r 7.roll Signature InA fixt I 1w�Z-) Signature of Notary Public (PLACE NOTARY SEAL ABOVE) C-10 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work. specifically referencing the construction of' underground signal conduit, and the installation of fiber optic cable for communication. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. City of Oceanside - 300 North Coast Hwy. Oceanside CA 92054 Name and Address of Public Agency Name and Telephone No. of Project N4anager. Darra Woods - 760-4.35_5494 Rebid Mission Ave. Fiber & $752 175 00 Traffic Signal Modification 4/2018 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Install Conduit and Fiber Upgrade Traffic Signal Poles Traffic Signal Modificaton ?. CALTRANS - 100 S Main St Los Angeles CA 90012 Name and Address of Public Agency Name and Telephone No. of Project N4anager: Paul Wang - 562-345-3144 $4 885 380 00 Fiber Communication System 4/2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Upgrade Existing Communication System Fiber Optic ;. City of Los Angeles - 200 N. Spring St Los Angeles CA 90012 Name and Address of Public Agency Name and "'telephone No. of Project Manager: Max Eftekhari 951-741-3403 $2 563 285 00 Fiber Optic Traffic Signal 10/2018 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Traffic Signal Modification Fiber Optic CCTV C-11 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. Raudel Martinez Name of proposed Project Manager Telephone No. of proposed Project Manager: 562 807-1860 Traffic Signal and Bike CEY South & Tiverton $546 916 lane Modification 2/2019 Project Name & Contract Amount Type of Work Date Completed Traffic Signal,Communication System ITS Communication ATSAC Upgrades. Conduit installation.pull boxes. and 7/2020 $4 928 460 fiber optic cable installation and terminations. Project Name & Contract Amount Type of Work Date Completed Thousand Oaks Streetscape Traffic Signal, Street $932,400 lighting Modification 3/2021 Project Name & Contract Amount Type of Work Date Completed 2. Tom Meyers Name of proposed Superintendent Telephone No. of proposed Superintendent: 562=$Q7-1860 Traffic Signal and Bike CEY South & Tiverton $546 916 lane Modification 2/2019 Project Namie & Contract Amount Type of Work Date Completed Traffic Signal,Communication System ITS Communication ATSAC Upgrades. Conduit installation,pull boxes. and $4 928 460 fiber optic cable installation and terminations. 7/2020 Project Name & Contract Amount Type of Work Date Completed Thousand Oaks Streetscape Traffic Signal. Street $932 400 lighting Modification 3/2021 Project Name & Contract Amount Type of Work Date Completed C-12 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established anew public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July I through June 30 state fiscal year) with the Califomia Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov/DLSE/Public Works/SB854FactSheet-6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir.ca.gov/PW CR/ActionServlet?action=displayP WCRegistrationForm DIR's Contractor Registration searchable database: https://efiling.dir.r-a.gov/PWCR/Search.action I am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." 1 furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Select Electric. Inc. Contractor i liy President Title Date: 4/16/21 PWC Registration #: .10.Q9N.=................................................... C-13 Document A310TM - 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place 1 fhnwirrcwa) Fidelity and Deposit Company of Maryland Select Electric, Inc. 1299 Zurich Way, 5th Floor ant 2790 Business Park Drive Schaumburg, IL 60196-1056 legalcnsequences document has i.conult legal consequences.Consultation Vista, CA 92081 Mailing Address for Notices with an attorney is encouraged 1299 Zurich Way, 5th Floor with respect to its completion or OWNER: modification. (Nance, le,¢nlsmtns and addra ) Schaumburg, IL 60196-1056 Any singular reference to City of Huntington Beach contractor,Surety.owner or other party shall be considered 2000 Main Street pluralwhere applicable. Huntington Beach, CA 92648 BOND AMOUNT: 10% Ten Percent of Amount Bid PROJECT: (Name,location or address and Project number. ifngm) Downtown Fiber Optic Communications- C.C. No. 1621 The Contractor and Surety are bound Eo the Owner in the amount set forth above,for ilia payment of which the Contractor and Surely bind Ihemscl ves,Ihcir Itci is.executors,administrators,successors and assigim jointly and severally,as provided herein.The conditions oC this Bond arc such that if the Owner accepts the bid of the Contractor witlliu the time specified in the bid documents,or within such time period as may be agreed to by Ilse Owner and Contractor,and the Contractor either(I I eaters into a contract%vi Ill the Owner in accordance with the terns of such bid,and elves such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Proiect and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material lumished in the prosecution thercoE or(2)Nays to the Owner the difference, not to exceed the amount of this Bond,between the aniouitt specified in said bid and such larger anlo:nit for which the Owner may in good faith contract\with another party it,perinrill the%\'urh covered by Said bid,Ihun this obligation shall he chill and%'slid,olller%lse to remain in hill (thee and ellect.The Surely hereby waives ally notice of all agreelllent bet\%Cell the Owner and Contraclor it)extend the time 111 which Thu 0%yncr may accept the bid.Waiver Elf liolice hV the Surely shall not appiw to ally extension exceeding Sixty(00)days In the aggregate beyond the time Ibr aeeeplallL'C UI bids 1pCCllied in the hid documents,and Iho Owner and Contractor shall obtain the Slircly's consent for am extension beyond sixty(60)days. If this Bond is issued in connection with a subconimciors bid to n Contractor,ilia term Contractor in this Bond shall be dccnlcd to be Subcontractor and the Icrm Owner shall be deemed to be Contractor. When Ihi.s nand has been limlished to comply%with a slalulory or other legal reyuimntent in the location ul the project.ally provision in Ibis Build e111ilicling%\'nth said slalulory or legal reytllrenlcili shall be deellled deleted Ilcrelrom and prtl Visiilns ellalumullg to such slaltilory or titter legal reytlirunilait shall be deellled incorporated heed.WWII So Iumished.the intent is that Ellis nond shall be construed US a Slatlilory'build and not as a common la%v bond. Signed and scaled this 7th day of April, 2021. Select Electric lnc. I -/11'iarryes-sl-et G " /� By: (IirltyJQy (� pp0 Sri d it and Deposit Compan of Ma land (/ 61Lrary) (Seal t)Pitness) Kim Luu v r o 1890 .Z By: , `s� a Wit (Title)Heather Saltarelli Attorney-in-Fact 4 W n%Np S-00541AS 8110 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of Orange ) On APR 0 7 2021 before me, Reece Joel Diaz, Notary Public Date Here Insert Name and Title of the Officer personally appeared Heather Saltarelli Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. sc=_ce JoeL olc L�+ Notery Pcnlic Califomia 0,nn,County 1_ ComT.E,i n>229+I12 Signature Cam c.m h, >u.:on Signt t re of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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): Corporate Officer — Title(s): Partner — F, Limited Q, General Partner — Limited General Individual Ix Attorney in Fact Individual Attorney in Fact Trustee -! Guardian or Conservator Trustee Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-676-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On 4/16/2021 Before Inc. Diana L. Owens NAME Personally appeared Jeremy Coriale NAME OF SIGNER who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he/she/thev executed the same in his/her/their authorized capacity(ies), and that by his/her/their signattire(s) on the instrument the DIA.NA L.OWENS person(s), or the entity upon behalf of which the person(s) Notary Public-California los Angeles Caucty acted; executed the instrument. Commission v 2240575 My Comm.Expires May 3,2022 I, certifv under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITIy{tlh\�S'S my h�nd' d official seal. \'\ll LLkr-�— (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAWIED BY SIGNER DESCRIPTION OF ATFACIIED DOCUINIE\I' ❑ INDIVIDUAL © CORPORA'ITi OFFICER Bid Bond Trl LE OR TYPE OF DOCUMF\r IITLE(S) ❑ PARINER(S) ❑ LINIITED 1 ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ "rRUSTEE(S) ❑ GUARDIAN/CONSER VArOR ❑ On11;R 4/7/21 DATE OF DOCUMENT SIGNER IS REPRFSEN FING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER OTT IER TI41AN NAMED ABOVE Bond Number Bid Bond Obligee City of Huntington Beach ZURICH AMERICA:N INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURFTY COMPANY FIDELITY ANTI DEPOSIT COMPANY OF MARYLAND POAVER OF:A'170RNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AbIERICAN INSURANCE COMPANY,a corporation of the State of New York the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Hobert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute, and appoint Heather Saltarelli its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, 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 ZURICH AMERICAN INSURANCE COMPANY at its office in New York. New York., the regularly elected officers of the COLONIAL AMERIC N CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WTIEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYL:AND,this 19dt day of June,A.D. 2019. Arl'EST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMIiRICAN CASUALTY AND SIMETY COMPANI' FIDELI I V AND DEPOSIT COAIPAN)'OF MARYLAND Ott, BY: Robert D.Murrm, Vice President `s u'oy J 4" �Q.4N11 McG -_ S 1v Bv: Dawn E.Brownbl Secretary State of NI❑Aland County of Baltimore On this 19:h day of June, A.D.2019. before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified, Robert D. Murray.%'ice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly swom,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the smis affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Ui w• Q.�J Constance A.Dunn,Notary Public :%fy Commission Expires:July 9,2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Auomevs-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH A:MERICAN INSURANCE COMPANY, the COLONIAL AAIERICAN CASUALTY AND SURETY CONIPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V, Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of following resolution of Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomcy...Any such Power or any certificate thereof bearing such facsimile signature and seat shall be valid and biding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAA'CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT CONIPANY OF hIARYLAND at a meeting duly called and held on the 10th day of Mav, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 7th day of Aoril ,2021 C�A w Brian M.Hodges,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, ['LEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLALAI INCLUDING THE PRINCIPAL. ON THE BOND,THE BOND NU,INIBER,AND YOUR CONTACT INFOR,\IATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 ww%v.reponsfclaims a zurichna.com S00-626-4577 4 LA20l2 l SELECT 3° g �.35p�"` �� t� a G 5 E L E C T R I C. I N C . Vw- Vista,2790 Business Park Drive CA 92081 License 9 297034 A, B,C-7, C-10 Office of City Clerk,Second Floor 2000 Main St. Huntington Beach,CA 92648 SEALED BID ENCLOSED OPEN ON APRIL 20, 2021 @ 2PM "FIBER OPTIC COMMUNICATIONS FOR DOWNTOWN FIBER OPTIC COMMUNICATION C.C.NO.1621.. DO NOT OPEN WITH REGULAR MAIL City of Huntington Beach r , i•,�; ' . 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ NvNv�v.huntingtonbeachca.gov Ee : Office of the City Clerk Robin Estanislau, City Clerk August 3, 2021 Servitek Electric, Inc. 618 Brea Canyon Road, Suite I City of Industry, CA 91789 RE: Fiber Optic Communications for Downtown Fiber Optic Communications — CC No. 1621 Enclosed please find your original bid bond for CC-1621. Sincerely, �&�anoj� Robin Estanislau, CIVIC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For the Construction of Downtown Fiber Optic Communications-C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 8. 2021 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) PART 1 -GENERAL PROVISIONS, SECTION 5- LEGAL RELATIONS AND RESPONSIBILITIES, 5-7.9.1 -Work Area Traffic Control-General The following paragraph is deleted from Section 5-7.9.1: Prior to the beginning of work,the Contractor shall execute the provided construction traffic control plan prepared per current AGENCY guidelines to safely prosecute the construction work involved with a minimum of Inconvenience to the motoring public. The following shall be inserted In place of the deleted paragraph: Prior to the beginning of work on Pacific Coast Highway, the Contractor shall execute the construction traffic control plan prepared in conformance with the provisions of SECTION 7 - MEASURE AND PAYMENT, Section 73.3 Payment Bid Items for Bid Item No. 1 - Mobilizatlon. 2) PART 1 -GENERAL PROVISIONS, SECTION 7-MEASURE AND PAYMENT,7-3.3 - Payment Bid Items, Bid Item No. 18-Furnish and Install 72 Single Mode Fiber Optic (SMFO) Cable with Mule Tape and#10 AWG Tracer Wire The second sentence of the third paragraph shall be deleted: Fiber optic cable shall be twelve(12)-fiber as Indicated on the plans, dielectric single mode, loose tube, and rated for using in underground systems. The following shall be inserted in place of the deleted sentence: Fiber optic cable shall be 72-fiber as Indicated on the plans, dielectric single mode, loose tube, and rated for using in underground systems. This is to acknowledge receipt and review of Addendum Number One, dated above. Servitek Electric, Inc. Geoff Reyes Company Name By April 19 2021 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. For Addendum questions, please call William Janusz at(714) 374-1628 within 24 hours of posting. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER TWO For the Construction of Downtown Fiber Optic Communications—C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 13, 2021 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) PART 1 -GENERAL PROVISIONS, SECTION 5— LEGAL RELATIONS AND RESPONSIBILITIES, 5-3 — LABOR The following section and paragraph is added: Section 5-3.1 -General: [Add the following:] All workers that need to enter the Police Department substation facility will need to submit to a background check. They must have no felony convictions. Misdemeanor convictions will be evaluated on a case by case basis by the watch commander. Workers will need to be escorted at all times while inside the facility. The contractor shall coordinate with the Public Works Contract Administrator a minimum of three working days prior to entry into the Police Department facility. This is to acknowledge receipt and review of Addendum Number Two, dated above. Servitek Electric, Inc. Geoff Reyes Company Name By April 19, 2021 Date All bidders must acknowledge and include the receipt of this Addendum with your bid proposal. For Addendum questions, please call William Janusz at (714) 374-1628 within 24 hours of posting. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE For the Construction of Downtown Fiber Optic Communications —C.C. No. 1621 in the CITY OF HUNTINGTON BEACH April 13, 2021 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) PART 1 —GENERAL PROVISIONS, SECTION 5— LEGAL RELATIONS AND RESPONSIBILITIES, 5-7.9.1 —SAFETY, Work Area Traffic Control, General The following paragraph shall be added after the thirteenth paragraph: In the area between Pacific Coast Highway and the Pier, all excavations shall be backfilled or plated at the end of each work day. Vehicular access must be maintained on to the pier at all times. All barricades must be removed and a level walking surface must be in place on Saturdays and Sundays. This is to acknowledge receipt and review of Addendum Number Three, dated ab)ovp- Servitek Electric, Inc. Geoff Reyes Company Name By April 19, 2021 Date All bidders must acknowledge and include the receipt of this Addendum with Your bid proposal. For Addendum questions, please call William Janusz at (714) 374-1628 within 24 hours of posting. SECTION C PROPOSAL for the construction of Fiber Optic Communications for Downtown Fiber Optic Communications—C.C. No. 1621 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 famish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 75 working days, starting from the dale of the Notice to Proceed. The undersigned acknowledges that the issuance of Notice to Proceed will occur in October 2021. 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 re-advertise 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 for 10% 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 for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature 1 04/08/2021 2 04/13/2021 3 04/13/2021 C-z SECTION C PROJECT BID SCHEDULE A Downtown Fiber Optic Communications—C.C. No. 1621 BID ITEMS a-tv, ni os' gag.. n 'Ate MoN (Eitensi6nYff Mobilization (including Caltrans I LS $5,000.00 5 000m Encroachment Pen nit.Coordination) 2 Traffic Control I LS $ 5,000.00 $ 5,000.00 Preparation of Project Specific Storm 3 Water Pollution Prevention Plan (SWPPP) I LS $3,000.00 $ 3,000.00 and Water Pollution Control Program (WPCP)(ver Caltrnnq Involvement) 4 Installation and Maintenance of BMP's per I LS $3,000.00 $ 3,000.00 the approved SWPPP and WPCP 5 Famish and install 2" Sch. 80 PVC 11,266 1,17 $ 28(in $ 315,448.00 conduit, pull tape+tracer wire 6 Famish and install 1.5" HDPE Innerduct 150 LF $ 3o.00 $ 4,500.00 and pull tape 7 Furnish and install 3" rigid steel conduit, 35 LF $ 50-00 $ 1,750.00 pull tape+ tracer wire 8 Furnish and install 45 Degree 3" L.B. 5 EA S 600.00 S 3,000.00 9 Furnish and install No. N40 Pull Box/ 12 EA $ 3,000.00 $ 36,000.00 Splice Vault 10 Furnish and install No. 6E Pull Box I EA $ 2m0,00 $-2AMaLo- 11 Furnish and install No. 6 Pull Box 44 EA $2,000.00 $ 88,000.00 12 Furnish and install No. 6T Pull Box 1 EA $ 2,200.00 $ 2,200.00 13 Remove and salvage existing pull box 2 EA $ 5oono S 1,000.00 C-2.1 ., �.. -� st.a:t`�:'.� ��Tfir+*sYFT. .1 - u'E-� cTotalTCost' j+ 'Item ,�.���^���w c,>• 's ' ..,' f^ ,�Quanhty 's rTUmt Unit Cost, h ' �i' �y�� �Dcscnp�onl Flay fR� ',t.'1V0.... .:..vu ro, nYd.cw..,r...�'�7:K"„T1i;. .�,_hC.,�.e t� E'i'�.'. -,•sra"tr_r.� A : :1 Extension ^:. 14 Install Conduit into Existing Pull Box 2 EA $ 500.00 $- ,000.00- 15 Connect new conduit to existing conduit 2 EA $ 500.00 $ 1,000.00 Famish and install 144 strand Single Mode 16 Fiber Optic Cable+ pull tape in 12,112 LF $ 8.00 $ 96,896.00 existing/proposed conduit Furnish and install 12 Strand Single Mode 17 Fiber Optic drop cable+pull tape in 2,037 LF $ 10.00 $ 20,370.00 existing/proposed conduit Furnish and install 72 Strand Single Mode 18 Fiber Optic drop cable + pull tape in 350 LF $ 8 o0 $ 2,800.00 existing/proposed conduit Furnish and install underground Fiber 19 Optic Splice Enclosure. Perform splice of 9 EA $ 2 100 00 $ 18-900.00 fiber optic cable(s) 20 Furnish and install 12/24 Port Fiber Patch 8 EA $ 1,900.00 $ 15,200.00 Panel complete. Terminate fiber optic cable Furnish and install new 144 port Fiber 21 Distribution Unit (FDU) complete(rack I EA $ 14,000.00 $ 14,000,00 mount Furnish and install new Ruggedcom Rack 22 Mount Ethernet Switch, SFP modules, 2 EA $ 3,160.00 $ 6,320.00 power supply and patch cords complete 23 Remove and salvage Yagi antenna I EA $ 480.00 $ 480.00 Install Type 332L Cabinet (City Furnished) 24 and Construct Foundation (Including 1 EA $15,000.00 $ 15,000.00 Conductors and Cables, Bonding and Grounding Complete) Relocate existing 170E controller to new 25 332L Cabinet(including MMU and I EA $1,700.00 $ 1,700.00 Furnishing and installing 170E Ethernet Modem Card 26 Furnish and install 19" wall-mounted I EA $ 5,000.00 $ 5,000.00 server rack enclosure 27 Perform Traffic Network System I LS $11,000.00 $ 11,000.00 Integration C-2.2 >4Items '$ ' ' rDescnphon i � 4 Q°aatity r .Unit aUmt Cost. •ss > ' I�No� �'�''ga' �. 28 Test Network Communications and System I LS $11,000.00 $ 11,000.00 Documentation 29 As-Built Plans 1 LS $4,800.00 $ 4,800.00 TOTAL BID AMOUNT—SCHEDULE A (BASIS OF AWARD) $ 695,364.00 TOTAL BID AMOUNT IN WORDS: Six Hundred Ninety-Five Thousand Three Hundred Sixty-Four Dollars Note: Refer to Section 7, Measurement and Payment. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The owner reserves the right to reject any or all proposals and bid items. PROJECT BID SCHEDULE B Downtown Fiber Optic Communications—C.C. No. 1621 ADDITIVE ALTERNATIVE BID ITEM NO. I �+;E�- Totnl;Cos"t��a� Nou L` s ° Desphon > ' . m� Qa2 r,Uait�Cos xrte Sion" I Fiber Optic communications from Police I LS $ 76,650.00 $ 76,650.00 Substation to Downtown Parking Structure TOTAL BID AMOUNT—SCHEDULE B (ADDITIVE ALTERNATIVE $ 76,650.00 BID ITEM NO. 1) TOTAL BID AMOUNT IN WORDS: Seventy-Six Thousand Six Hundred Fifty Dollars Note: Refer to Section 7, Measurement and Payment. All extensions of unit prices will be subject to verification by Owner. In case verification is required between the unit price and the extension, the unit price will govern. The owner reserves the right to reject any or all proposals and bid items. C-2.3 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. Bid. Name and Addreis of Subcontractor State Class Dollar ' % of Item(s) License . Amount Contract Number 19 20 21 JM Fiber Optics C-10, 26, 28 13941 Ramona Avenue, 772630 C 7 $54,259.84 7.80% Suite A - Chino, California 91710 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on04/19/21 , at walnut ,CA Date City State Geoff Reyes being first duly sworn, deposes and says that he or she is President, Secretary, Treasurer of Servitek 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. Servitek Electric Inc. Name of Bidder P�4Kt Signature of Bidder 385 S Lemon Ave. #243 Walnut. CA 91789 Address of Bidder C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Fiber Optic Communications for Downtown Fiber Optic Communications—C.C. No. 1621, (1)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700. as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Servitek Electric Inc. Contractor Geoff Reyes By President Title Date: April 19, 2021 C-s DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, 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 govertunent project because of a violation of law or a safety regulation? ❑ Yes 2(No If the answer is yes, explain the circumstances in the space provided. N/A Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Servitek Electric, Inc. Contractor Geoff Reyes By President Title Date: April 19 2021 a7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Servitek Electric Inc - Bidder Name 385 S Lemon Ave #243 Business Address Walnut CA : 91789 City, State Zip W ( 626 ) 227-1650 Telephone Number 1035350 C-10 State Contractor's License No. and Class 01/30/2018 Original Date Issued 01/31/2022 Expiration Date The work site was inspected by L1 / I of our office on �� / °l 2024 The following are persons, firms, and corporations having a principal interest in this proposal: Servitek Electric, Inc. Geoff Reyes, President c-s 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. Servitek Electric Inc Company Name C,ecfy /�eYc ' Signature of Bidder Geoff Reyes President - Printed or Typed Signature Subscribed and sworn to before me this t 9th day of April , 20221 . NOTARY PUBLIC NOTARY SEAL C-9 NOTARY CERTIFICATE Subscribed and sworn to before me this 19thday of April 1:2021 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Florida ) County of Hillsborough ) On 04/19/2021 before me, Clinton Nanji Nanji Month, Day, and Year Insert Name and Title of Notary personally appeared Geoffrey Reyes Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. Cury 0 N —nn.vn G� , a.oWe�.. Signature Signature of Notary Public (PLACE NOTARY SEAL ABOVE) Type of ID presented: Driver License Notarized online using audio-video communication C-10 Bidder's Project History For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of underground signal conduit, and the installation of fiber optic cable for communication. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: l. Hytan West, 1300 W 14th Street Long Beach CA 90813 Name and Address of Public Agency Michael Bearden, (562)435-2929/(480)408-9513 Name and Telephone No. of Project Manager: mbeardengDhylanwest com $ 35,000.00 Subcontractor 2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Electrical, Fiber Optic 2. Henkels & McCoy, 2840 Ficus St, Pomona CA 91766 Name and Address of Public Agency Jason Miranda, (909) 630-3811 Name and Telephone No. of Project Manager: jmiranda(a�henkels com $974.000.00 Subcontractor 0912020 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Verizon 5G Infrastructure/underground conduit pullbox and surface restoration 3 City of Santa Clarita, 23920 Valencia Blvd.Santa Clarita, CA 91355 Name and Address of Public Agency Michael Villegas, (661) 255-4960 Name and Telephone No. of Project Manager: mvillectas(aDsanta-clarita com $ 176,659.00 General Contractor May 15 2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: PW 18-19-19 Installation of EV Chargers/Design/build of EV chargers for the Parks of Santa Clarita C-11 Bidder's Critical Staff Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. For each of these critical positions, please list at least three projects for which the critical staff has performed similar work within the last five years. These projects do not have to be under the employment of the bidder of this project. Bidders are encouraged submit supplemental relevant project history in addition to the projects listed herein. 1. Geoff Reyes Name of proposed Project Manager Telephone No. of proposed Project Manager: 626-227-1650 Hylan West Electrical, Fiber Optic Subcontractor $ 35 000.00 2019 Project Name & Contract Amount Type of Work Date Completed Verizon 5G Infrastructure $ 974 000.00 Subcontractor 09/2020 Project Name & Contract Amount Type of Work Date Completed PW 18-19-19, Installation of EV Chargers $ 176,659.00 General Contractor May 15, 2019 Project Name & Contract Amount Type of Work Date Completed 2 Hector Luquin Name of proposed Superintendent Telephone No. of proposed Superintendent: 626-734-2908 Hylan West Electrical, Fiber Optic $ 35 000 00 Subcontractor 2019 Project Name & Contract Amount Type of Work Date Completed Verizon 5G Infrastructure $ 974,000.00 Subcontractor 09/2020 Project Name& Contract Amount Type of Work Date Completed PW 18-19-19, Installation of EV Chargers $ 176,659.00 General Contractor May 15, 2019 Project Name & Contract Amount Type of Work Date Completed C-12 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 854 (citing Labor Code Section 1771.1(a)), passed by the California State Senate on June 20, 2014, established a new public works Contractor Registration Program, which requires all contractors and subcontractors bidding and performing work on Public Works Projects to register on an annual basis (each July l through June 30 state fiscal year) with the California Department of Industrial Relations (DIR). Currently the annual non-refundable registration fee for Contractors is $300. Each contractor to whom a public works contract has been awarded shall sign the following certificate. DIR FACT SHEET on SB 854 http://www.dir.ca.gov[DLSE/PublicW orks/SB854FactShect-6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir.ca.govfP W CR/ActionServlet?action--displayP W CRegistmtionForm DIR's Contractor Registration searchable database: https:HefiIing.dir.ca.gov/PWCR/Search.action am aware and will comply with the provisions of Labor Code Section 1771.1(a) which states: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." I furthermore will comply by providing proof of registration with DIR as the primary contractor, as well as for ALL subcontractors at the time of submitting the bid. Servitek Electric Inc. Contractor Geoff Reyes By President Title Date: April 19, 2021 PWC Registration #: ........................1000058315............................................... C-13 No. 1805-1 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that,pursuant to the Insurance Code of the Sure of California Natinnwide Mutual Insurance Company of Ohio. organized under the laws of Ohio, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorised to transact within this.Aate,subject to all provisions ofthis Certificate. the following classes of insurance. Fire.Marine,Sureh,Disability,Plate Glass, Liability,Worken'Compensation, Common Carrier Liability,Boiler and Machinery,Burglary,Sprinkler. Team and S chide,Automobile,:Aircraft, Legal,and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the.Sure of California THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all and not in violation of(my, of rite applicable laws and lawful requirements made under authority ofthe laws of the.State of California as long as such latct or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended INWITNESSWHEREOF,effective asofthe22" day of May.2013, 1 have:wreunto set my hand and caused my official seal to be affixed IIIthis 22"day of May. 2013, Dave Jones Imvrvnrr Caaauu,ar sel By Valerie J.Sarfaty for Nettie Hoge Chat t P.1) NOTICE.: oua.rncaaiun with the Secocri of Stale,inun be accomplished as requ:red by the California Corporations Code promptl)after r.snceofdus Cers&cateof Authonq'. tailuretodoso wall tic a uolauon oflnsurance Codesecuon 101 and wdlbe pounds for revoking this Ceaificate of Aurhorit)pursuant to the covenants made in the application therefor and the conditions conumed hrrem Document A310T"" - 2010 Bid Bond CONTRACTOR: SURETY: r\'nme, legal:name and arldrecsj iNroue, legal ctotus and principal place Scrvitck Electric,Inc ofAnsinesv) 618 Brea Canyon Rd. Ste. I United states Fire Insurance Company This document has important legal City of indus(ry,CA 91799 - 305 Madison Ave,Morristown, NJ 07960 consequences.Consultation with an attorney is encouraged mth OWNER: City of Huntington Reach Vann•. legal smlus and address) respect its completion or 000 r\fain Street, Huntington Beach,CA 92645 modification. Any singular reference to Contractor,Surely,Owner or BOND AMOUNT: () fFN FERCEN"f(10%) of the l'otal Amount Bid other party shall be considered plural where applicable. PROJECT: Downtown Fiber Optic Communications-C.C.No. 1621 (\omc. /,cation or addresx, and Project number, i,!fungi Project Number. if arm': The Coutmcax and Soren are bound to the ON%ner in the amount set forth above. for life papnlen(of lvhich the C'o❑tractor and Sulcty bind lhenlschcs, their heirs,escanors,administrators. successors and assigns.jointly and severally.as provided Merin. The conditions of this Bond are such that if Lite(hvner accepts the bid of the Contractor I%ithin the lime specified in the bid documents, onvithin such tittle period as ma) be agreed to by the Owner and C'ontrlctor. and the Contraclor either(I)enters into a COTIMIct 111111 the Ot\'I1er in accordance lyith the Icm1s of such bid. and gives such bond or bonds as mac be specified in Ilk bidding or Conbact Documents.with it surly admitted in the jurisdiction of the project and olhcnyise❑cceptabhe to life 01)ner. for the faithful perfonn:race of such Contint and for the prompt ptwnlent of labor and material furnished in the prosecution thereof.or(2) pays to the Owner the dif fercuce. not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for lyhich the Owner nmy in good faint contract with another pan}' to perform the icork covered by said bid.then this obligation shall be null and void,othem isc to remain in full force and effect.The Surety hereby waives any notice of an agreement benreal the Owner and Contractor to extend the time in which the Owner ntay accept the bid. Waiver of notice by the Suety shall not apply to ant extension exceeding sixty (60)days in the aggregate beyond the time for acceptance of bids specified in file bid documents. and the Owner and Contractor shall obtain the SurciY*s consent for an extension beyond sixn. (60)days. If(his Bond is issued in connection with a subcontractor's bid to a Contrlcior. the tens Conlmctor in this Bond shall be deemed to be Subcontraclor and the tern 0lvtxr shall be deemed to be Contractor. HRren this Bond has been furnished to comply with a sta(uton, or other legal requirement in the location of file Pmjec(. am' provision in this Bond conflicting with slid snfumn or legal requirement shall be deemed deleted herefront and provisions confomling to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished.the intent is that this Bond slash be constmed as a siatuton'bond and not as a common law bond. Signed and scaled this l6th day Of April,2021 Scrvitck Flectric nc (Principal) (St-al) %1I inlets) _ _ (Tirle7 United States Fire Insur. ace Company P ( " , r". Christine,Nlaestas,Nrilnes,s ire 1 Edward N. Placket[, Altorney-in-Fact AIA Document A3101'-2oio.Oopyright01963.1970 and 2010 by The American Inslitule of Arch eecls All rights reserved. CALIEORNLk ALL-PURPOSE Cl?RrFIFICATE OF ACKNOWLEDGMENT .I nwaty public or other officer completing this cert Jtcate verified only the idemim of the individual who signed Sww of 0I1I m is the document to which this ce,'rificwe is attached,and nal the truthfulness, necinacv, o, validm,of that dtx'umem. t oulliC (It, OI'ange On 4PR 1 6, 2021 hct-oie Inc. C. b9aestas, Notary Public I I L:rc it"'w.lmr "M lilt".1 llt . li.Cn prrsonalh ❑ppca;;ed Edward It. Placket( t•:ho paned lu mC nn the ha;is o1<alislaclory Ccidence to he the pC1:soltivI \\hose munels7 isRare sub.,eribed to the %%ithin inslitamml and ackno\\ied-ed to me that he .h ;fn� e eculcd the same ilI hi;=nr'f,c authorized raparit\;irn. and that by hl.-tn-et}nrn-sienatnrrsj un Ihr inaRmirnl the peranisj, or the Cnliry ullon bchall of\rhich tile acted,cNerulCd the inslrutnrnl. I I cenkI ::nder PEN'ALi'1' OF PERJURY under the la\cs orllte Slate of Caliomw that the I epoing quyniph is utic and correct. .. C.lBAeali,,S 1I" \ILSS my hand and official sral. PUR IC CkUFOi%N9L Or.FJ'IGE COUtdiY N I. [%P.J LY 24,2423 S I ADDITIONAL (11)'I'1( 1\'AI. LNI-OR.MA'FIO.N I h\SIRUCI IO S FOR U0\1I'I.FIlMa 1111S FORM IeI .:�lu... ../v.nna , ..die I Li .m:;,. ....nr ..n.rLr .:ns:•;_r ...n'rir :, I t[SC'RHPI 1(,I% in: I Ind II'ACHED DOC'11MEM :q'f'. d,..,vo„!::•r,.r,.,r rvrz,r San i:el:Eteuri:.Inc aid Bond ..n.l .vr.,.hed n.r a,.n .l.,,.r:nr.:r. ?L; .wh t .. L. ..,n, ,.,h, ..,...dJ....r-J. 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Iilc.i•ahel.It Ilhc r Ihim,d.aq,oc I n ..:. c.:gnhctl.nliircl,a.L<:ne dw�.itl.•Ir:.(I:11,t'I I).1.c.:h.:r:.. 1:anrlc al:a:h dlu dnnunrnl In Ill .I�rnl Jn:um:m .: \';..,au t al',:.�. li11i;Suu.S'L',u.: x..v.,ku.an Cla..:,c•un PONVF.li OF A'ITll12.VE1' UNFITD rs FA l ES FIRE INSURANCE COM PANN PHISCIPA I.OFFICE.yI ORR IS'I'OWN.N'EIA'JERSEI' 06378436620 KNOIA A I,L.MEN B.1 I'lIESE PRE SEM S:'Ilan United States Fire Insurance Company',a corporation duly urge,)zed and existing under the lass ofthe state of Dclsxwne,has mace,com6m:ed and appointed.and does hereby make,constitute and appoint: EdLrnrd A'. Harkrrr,Senn J.McCmrlee.Jr. each,its true and Imx'ful Atuancv(s)-In-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliec[ Any and all bonds and undertakings ol'surcty and other documents dr.P the ordinary course of strew business may require,and to bind United States Fire Insurance Company thereby as fully and to the wine extent as it such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurunec.Company' at its principal office.in Amrnmts a Ix'nalun nor exceeding:Se%ell M:Ilion,Five Ilund red'1'houxn nA Dollars(57..100.000). This Power of Atumex limns the sea of those named therein to the bonds and undertakings specifically named therein,and they have no authority to hind United Slates Fire Insurance Company ex<cpt in the Planner and to the extent(herein stated. ThiS Power of Acumcy revokes all prex'ious Towns of Attorney issued on behalf of the Avonteys-In-Fact named above and expires on January il,2021 This Power of Attornex'is granted pursuant ro Article IV of the By-laws of United Stales Huy Insurance Company as now in full force and cited,and consistent with Article III therm;which Ai-.wes provide,in pertinent part: Article W.Ewcution of Insmrmer s-Except as the Board of Directors may authorize by resolution,the Chairman of the Board,President,any Vice.President. any Assistant Vice President.the Secretary,or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, ;ntfis the corporate seal manually or by facsimile to,acknowledge, verify and deliver any contracts, obligations, insmuncnts and documents whatsoever in connection with its business including without limiting the foregoing,any bonds,guarantees,undertakings,recognizances,powers of attorney or revocanons of ans powers oI atorney,SnpulatlOnS,policies of insurance.deeds,leases,mortgages,releases,satisfactions and agency agreements{ (b) to appan- in writing, one or more persons tut any or all of the purposes mentioned in the preceding paragraph(a), including affixing the seal of the Corporation Am;le III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, and ertak logs.¢cognizmttes,viputahons,powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition,if and as authorized by the Roard of Directors,dividend warrants or checks. or other manerorts in,o nttvnts onular to one another in form. may be signed by the facsimile signature or signatures, lithngraphed or otherwise produced, of such Officer or officers of tire Corporation as from time no time may'be authorized to sign such instruments on behalf of the Corporation. Ile Corporation 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 Corporation, notwithstanding the ro t that he may have ceased to be such at the time when such instruments shall be issued. IN WI"I',NFS5 NA If EREOI:.Unied Slates Fire Insurance Company has caused these presents to he signed and attested by' its appropriate officer and ins cogwrate seal hereunto affixed thu_2"day of August 2U 19. UN'1'fED S'FA'I'ES FIRE INSURANCE COMPANl' xN-+ff Anthony R. Slimowicz,Executive Vice President State of Penns% vania Courl otl'hiladelphin On this 22' day of August 2019, before fire, a Notary, public of the State of Pennsylvania, came the above named officer of United States Fire Insurance Company,to me personally known to be the individual and officer described herein.and acknowledged that he CxCCUIed the foregoing instrument and affixed tire seal of United States Fire Insurance Company thereto by the authority of his office. Commum•talth of l'enmvlvnnia—Notary Seal f-1 ' "Famara Watkin,Nuunry Public PhihWdphiu Count lanmra Watkins (Notary Public) %Ic ronuuia.ion expires August 22.2023 r:urn mixeinn number'1348943 h the undersigned officer of United Stales Fire Insurance Compam',a Delaware corporation,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy is still in force and effect and has not been revoked. IN WITNESS\\'II I!IUiOF. I Ila,e hereunto set my hand and affixed the corporate seal of United States Fire insurance Company on the 16th day ol'April.2021 UNITED STA F E'S FIRE INSURANCE CO\IPA:M is f' o I At Wright.Senior Vice President "SEALED BID" I For the Fiber Optic Communications I - for Downton Fiber Optic Communications - C.C. No. 1621 in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL l � DELIVER TO THE OFFICE OF THE CITY DESK, 2000 MAIN STREET, SECOND FLOi I