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Elecnor Belco Electric, Inc. - 2021-05-17 (8)
Recorded in Official Records,Orange County 4 Hugh Nguyen,Clerk-Recorder MI I I II0NIMM10111I 11111111$ II NO FEE 557 * PLEASE COMPLETE THIS INFORMATION 2023000008883 10:54 am 01112123 RECORDING REQUESTED BY: 90 CR-SCO6 NI2 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT Patrick Bannon P.O.Box 190—2000 Main Street Huntington Beach,CA 92848 •F D•' M ' THIS SPACE FOR RECORDER'S USE ONLY NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner In fee,2000 Main Street,Huntington Beach,CA 9264(1,that the • contract heretofore awarded to Elecnor Belco Electric,Inc.,who was the company thereon for doing the following work to-wit: d • Traffic Signal Modifications at Warner/Graham,Warner/Nichols&Brookhurst/Indtanapolls,Project a CC 1625,CC 1548,CC 1560 That said work was completed 12/06/2022 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 12/06/2022,per City 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,es co• mplated under Go - Code Section 27383 and should be recorded free of charge. Director of Public Works •15 ngineer Dat City of Huntington Beach, is • STATE OF CALIFORNIA) County of Orange )ss: City of Huntington Beach I,the undersigned,say:I am an Agent of the City of Huntington Beach,owner in fee,in the foregoing NOTICE OF COMPLETION. I • have read said NOTICE OF COMPLETION and know the contents thereof,the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct,and that said NOTICE OF COUPLET'• duly and regularly ordered to be recorded in the Office of the County Recorder of Orange Co . This document is sol ely the official business of the Cfty of Huntington Beach,as contemplated under Government code section 2T989 and Director of Public Works or r te should be recorded free of chame. City of Huntington Beach,C • THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) • • � I RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to x �tl City Clerks Office ( f after signing/dating l ,Dare) CITY OF HUNTINGTON BEACH z INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Cler DATE: _7�-� /3, i SUBJECT: Bond Acceptance I have received the bonds for (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. 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 7 (Coun Appro I Date) CC No. f�/� /_� z6- r Agenda Item No. MSC No. City Clerk Vault No. 46 ''00 Other No. SIRE System ID No. g./forms/bond transmittal to treasurer CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HIJNTINCTON BEACH .AND Elecnor Belco Electric, Inc. FOR Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue- CC 1548, I550 & 1625 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." WI IEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as Traffic Signal Modifications at Warner Av/Graham, Warner Av/Nichols Ln, Brookhurst StAndianapolis Av in the City of Huntington Beach: and CONTRACTOR has been selected to perform said services. NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: I. STAI-EN41-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, services and Iacilities 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 I 16-5195/City Funded Construction Contract.docx—revised 04/2016 prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be 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 performed. and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement: 13. 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: I 16-5195/City Funded Construction Contract.docx-revised 04/2016 D. The edition of .Standard Specifications Jnr Public 6florkv Construction. published by Builders'News, Inc., 10801 National Boulevard, Los Angeles. CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONfRACTOR's proposal. (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions. or Addenda, the matter shall be immediately submitted by CONTRACTOR to the 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.docx—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 three hundred fifty seven thousand six hundred thirty six Dollars (S 357,636.00 ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENTOI' 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 fifty ( 50 ) consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF TIME 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 04/3016 subcontractors and CITY forces and. in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 5 16-5195/City Funded Construction Contract.docx—revised 042016 8. 13ONDS 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 CONI'RACTOR'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 thereol within ten (10) days of Filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. IND "Ill,?NI)I-,N'1' CON"IRACTOR 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 16-5195(City Funded Construction Contract.docx—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 ) per each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CON TRAC fOR 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, tire, floods, epidemics, quarantine restrictions. strikes. unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the 7 16-5195/City Funded Constniction 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 justi ty 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 wailing 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; 8 16-5195/City Funded Construction Contract.docx—revised 04l2016 (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 pennitted pursuant to Section 3 of this Agreement; (c) Payment of an amount the CITY disputes; (d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) 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 (I5) 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 16-5195/City Funded Construction Contract.docx-revised 04/R016 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. L. 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. I . 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 Lngincer 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 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 16-5195/City Funded Construction Contract.docx—revised 0412016 or her Demand until the Demand is denied as it 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 are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, 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 11 16-5195/City Funded Construction Contmct.docx—revised 04/2016 sum as will brine; 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. CIIY'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 been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR,who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement. CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any,to be set forth in CONTRACTOR's affidavit covering disputed claims, 12 16-5195/City Funded Construction Contruct.docx—revised 04/2016 or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shalt 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. Q_ 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 cif work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each crab or type of work needed to execute this Agreement, and the same has been set forth by 13 16-5195/Ciro Funded Construction Contract.docx—revised 04/2016 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 craft or type of work. 19. CALIFORNIA EIGI IT-I IOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) 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 Constriction Contract.docx—revised 04/2016 (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, BOLD IIARrMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, 15 16-5195/City Funded Construction Contract.docx-revised O40-016 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 be 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 famish 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 04/2016 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 amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability; of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1.000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents,and volunteers(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 a 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 04/2016 26. CERTIFICATES OP INSURANCE: ADDITIONAL INSURED FNDORSEMENfS 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 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 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. NOTICF OF THIN PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt ofany claim filed with CITY or a court of competentjurisdiction 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.docx—revised 04/2016 28. DEFAULT AND"1TRIVIIN.ATTON 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)clays after such Notice of Intention has been served on CONTRACTOR. CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently detennined by a court of competent jurisdiction that CITY's tentination 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 termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJEC'I' through the termination period less all such payments already made. In case of such termination for convenience,the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such tenmination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR'S fee on work not performed. Such payment by CITY shall be CONTRACTOR's 19 16-5195/City Funded Construction Contract.docx-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 OI' 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, snaps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 31. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof,or any right or duty created herein, without the prior written consent of CITY and the surety. 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 I lundred 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 CONIRACTOR's agent (as designated in Section I hereinabove) 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 notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: Citv of Huntington Beach Eleenor Belco Electric, Inc. A'ITN:Jim Escutia . Public Works AT TN: John Wong 2000 Main Street 14320 Albers Way Huntington Beach, CA 92648 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 arc 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 16-5195/City Funded Construction Contract.docx-revised 042016 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. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Anomey is the exclusive legal counsel For CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 38. ATTORNEY'S PEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 39. IN EPWRETATION 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 040-016 contest 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 Terms and conditions of this Agreement, which by their sense and context 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 04/2016 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 arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party s behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 24 16-5195/City Funded Construction Contract.docx—revised 04R016 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on 20,;�a/ . CONTRACTOR: CITY OF HU 44TINGTON BEACH,a municipal co ati the State alifornia By: Leonardo Sanchgtra ces Ma or (print name) ITS: Chairman/President ice-Presi City Clerk 4 (circle one) iNrn.yftD AN PRO AND By: OrKs Jeroni Gervilla (print name) tr A�ROVED: ITS: Secretary / hief Financial Officer / Asst. Secretary/Treasurer (circle one) City Manager APPROVE AS TO F 7 CA— Y( City Attorney 25 I6-5195/City Funded Comtruction Cammet.docx—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 I State of California } I 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 isA"subscnbed to the within instrument and acknowledged to me that he/shell e3executed the same In his/herlljel uthorized capacity es , and that by hisihe<jel sihgnatureo on the instrument the persor(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 i WITNESS m hand and official seal NEg6(bC1 w,fxs y Notary InClrc Caltlpnu San gernartlmo County t} Cammistan a II0042e i Comm.E,ann auq 5. 2027 • Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INS(RUCI IONSFOR COMPLEFINGI HIS FORM Thn Jo,n,eorrrpher nnh current Ca/rh,m a•curiae,reginding"man wording a,J DESCRIPTION OF THE ATTACHED DOCUMENT dneededrhocddhe.Y++nple"'dmWuttnohrJtnrherlxumcm .ldnoxirdgmenU /roan other ow..min h u,mptrtrJ/ur rlcaumentr hang rant to rhut vote fo Innc Huntington Beach Contract or the warding J,n,not requor the( r8h+mra nt,"'n to vmlalr California notrm to. (Tide of descmbon Of adached docurrrenfl • State and('minty nforo i mull he the State and('rnmn oTiere the docuumit sgmcrl r i perumalh appeared hch,rc the nwary pubhr hir acknow Idgrnmt (Title a ciexrtplion of attached docutneni conanuedl • Dare of notaNalaan nm.1 be file time that the,grim o perxmalh,appeared ub,ch n,uat al>n be the uune date the ack,wi,leJan,ent r,c,)lrnplered • The nullity puhhc mu it pnni hi, o, her wine ar appear• ,itlun hit ,n her Number Of Pages DOCU e i Date cmamiuvam 1i91uud be a cannma and then uau title(mnuv puhhc) • print the wniei rl if di.ment apiwnt rr ,hi. per..malh appcai at the ume .a n,vantaram CAPACITY CLAIMED BY THE SIGNER • Indiurc We carrel .copular in plural hnrm by nm.ung gill mcorrei:t fu,ma b ha'shcahaw it w)ur circling the uurcn h,mi Failure io urtrenh mdicatc du, ❑ Individual (s) mh,maauun may lain to m1wim of Jiviunml rccunhng. Z Corporate Officer . the notar, .al tinpicauon court be dear and photeWuphically repetdunhlc hiyire.rum mu%t not cater test m lint, If wl inipm%%im, .nuaJpe, re-.eal it a (Title) .utf., T area pcmuic.,nheroix cumplac a dillmw xkm,o lulgnu-ni lirin 1 Partner(s) • l,giuturr of the n,xa,N puhhc mud mach the wm,ature lei flr.,it.the office„t the cimnt,clerk Attorney-m-Fact 4 .4Wrh,mal ullonttatrun a not rryurrd but could help it) emmc Ihn Trustee(s) acknilliledpmcn,i<not in, mcJ ou attach J to a different do,. m i ^ Other 4 Indicate title,n tips of attitand document.nmrkho of pager and date O Indw-lc the capacity da,med b7 the argnar If dw claimd capac,t n cotporatc utliccr imhw a the ink u c CE(1.CFO,k Tnat l • tiwvrcly artah th,r doevnient to the caned dmutnent o iN a Maple SECTION C PROPOSAL for the construction of Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue C.C. Nb. 1548, 1550 &1625 CITY OF HUNTINGTON REACH TO '['HE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNfINGTON 13EACII: 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 50 working days, starting from the date of the Notice to proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. TI IF AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THEE CONTRACT. h is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties. fees, etc., and will he 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 ADDENDUM 3 — Issued 4/13/21 Page C-2 ADDED 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 Hiddef%Bond in the amount of Ten Percent of Hid Amount which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sia a ble to the AGENCY. (Please insert the words "Cash", "Certified Check", or idder s Bond forjft_°° 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 4 j% ya-i vn Wox 2 LAI l t.t I svy) 3 4 lK Ze Z t h W C-i City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Traffic Signal Modifications at Warner Avenue and Graham Street,Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue—C.C. Nos. 1548, 1550 & 1625 in the CITY OF HUNTINGTON BEACH April 7, 2021 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) PLAN SHEET 2 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two(2)working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530. 2) PLAN SHEET 3 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials,with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2)working day notice shall be provided to the Traffic Signal Shop at(714) 536-5530. Addendum 1 - Page 2 3) PLAN SHEET 4 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence. All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2) working day notice shall be provided to the Traffic Signal Shop at (714) 536.5530. This is to acknowledge receipt and review of Addendum Number One aced above. I Iccnor Bcico I Icclric. Inc. ,John Wong Company Name y April 13. _'u_'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 Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue - C.C. Nos. 1548, 1550 & 1625 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) SPECIFICATIONS - SECTION C - PROPOSAL - NOTARY CERTIFICATE Remove and replace sheet entitled "NOTARY CERTIFICATE", page C-10, with page entitled "NOTARY CERTIFICATE Addendum 2". 2) SPECIFICATIONS - SECTION C - PROPOSAL - Bidder's Project History Remove and replace untitled sheet, page C-11, with page entitled "Bidder's Project History - Addendum 2". 3) SPECIFICATIONS - SECTION C - PROPOSAL - Bidder's Critical Staff Remove and replace untitled sheet, page C-12, with page entitled "Bidder's Critical Staff - Addendum 2' . This is to acknowledge receipt and review of Addendum Num r Two dated above 1 Ic.mn lick, I lcanc, Inc � . John %k nuc Company Name y April 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 Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue - C.C. Nos. 1548, 1550 & 1625 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) SPECIFICATIONS - SECTION C - PROPOSAL Page C-2 shall be added following Page C-1 and prior to Page C•2.1 This is to acknowledge receipt and review of Addendum Number Three, dated above. I kcnor firlco Llectrtc, Im , John %k on Company Name y April 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 PROJECT BID SCHEDULE Traftie Sip als Modifications at Warmer Avenue and Graham Street,Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue C.C. No. 1548, 1550&1625 BID ITEMS item Description Quantity Unit Unit Cost Total Cost No. _ x ea on 1 Mobilization I LS fWYVO 2 Traffic Control 1 LS SIL000 S 3 Preparation of Project Specific Storm I IS SII( W $ ovo Water Pollution Prevention Plan (SWPPP) 4 Installation and Maintenance of BMP's per I IS S c too $�� the approved SWPPP 5 Traffic Signal Modification at Warner I LS S (,12 $1L k 2 2. Avenue and Graham Street 6 Traffic Signal Modification at Warner I is SA f? $9,f 0y Avenue and Nichols Lane 7 Traffic Signal Modification at Brookhurst 1 LS �30 S Street and Indianapolis Avenue 8 As-Built Plans 1 LS S JJD $ 6 TOTAL BID AMOUNT S 3SZ, 34,(20 TOTAL BID AMOUNT ORDS: ffI ',rCC 1 �,►,ridr[1 G Gay S{✓f✓i tltOuSrtw� 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-2.1 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 Items) License Amount Contract Number 7 w 14 tfSv,t E1 e(1r [., Tot. 0'151 e " l o � u 193{3 E K�t}6111 �;�, ora�iG�C 28• 3ey I, i, Pit✓e,�e.,+ QG�wb IL75137y "I2 K3g�x� 7 1181 Princc55 Ct, Koski e 2 SH Pet*Wr floe r4,e.l I 776Y ES-� aklr sre5se c-3154 IrTo C nU5 C.4 iti 6 5v D-3G 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 4 14 :1 at Chino CA Date City State John Wong _ being first drily swom, deposes and says that he or she is Vice President of Elcncor Belco Electric. In:. 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. Elmnor Belco Electric.Inc. Name of Bidder John Wong Si o idde 14320 rs . hino.CA 91710 Address of Bidder CJ UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract,known as the Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue— C.C. No. 1548, 1550 & 1625, (Ixwexit) 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" Ihe 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 Belco Electric,Inc. Contractor John Wong By residcni Tide Date: Apnl 14.2021 C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE I]as 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 E] 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. 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. I lecnor Belco Elconc,Inc. Contractor John Wong U'ccI ri I Title Date: April 14,2021 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Fleenor Belco Electric,Inc. Bidder Name 14320Albers Way Business Address ( him CA 91710 City, State Zip 9119 993-5470 Telephone Number 73X51X A, B.C-10 State Contractor's License No. and Class 7 '_X 97 Original Date Issued 7'31.21 Expiration Date The work site was inspected by Ralph Antuna of our office on April ' 20=1. 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 Gervilla -Treasurer Pedro Enrile-Sccrctary Roger DcVito-Assistant Sccretar% C4 UNANIMOUS WRITTEN CONSENT IN LIEU OF 2021 ANNUAL MFETING 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 Elecnor 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 1T 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 Jeroni 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 FURTHER RESOLVED, that Alberto Garcia De Los Angeles, Jeroni Gervilla, Alberto Garcia and Roger DeVito 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 RESOLVED, 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 S250.000.00. 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. Actingjoinlly 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 or job 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. Actingjointly 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 aboveAm .A imor Luis Alcibar, Director 7(4s-- - Alexander Arrola,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 r,crrt,ptewc or otheE drlc�r wmv�atRw Si ofrd r n+�o1letlhurs„e„rs,ony me gentRy of y11'FvMu�I N.no sgrls0 y»Aowrrlent to wntin nn ce to csb s 1MI1�fwd.11nd not loh ng PffiftTor T ignature N1�r aonrrrrr. Subscribed and sworn to before me this OW day of 11 ,2071. NOTARY PUBLIC }I SGt l Ll►Yl NOTARY SEAL ELISA MTH L#A Commiasgn t1b. 22B11a37 !— SAN BERNMp1Mp W C. Ew+y MWIM 21 2a0 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 before me. ELISA BETH LIM A Commission No 2281937 Elsa Beth LIMNotary Pubicwo*ury cues�cca�rowwu SAN eEeNARDeq COUNTY 9nature (Seal) ' NE.corm E.o-,„wncN 21 xoaa OPTIONAL INFORMATION INSTRUCTIONS The wading of at Jlrars cwrpemd,n California Am,January 1. 2015 must be in ffe lam as set brfh whin this.traf There are no exceptions d a Jlfaf to be compklad does nor btbw Ms ism the notary must cared the•erbage by using a prat stamp containing ffe cam9m wading or attaching a separate prat form such es fhis one wilt, does contain IN proper wordrg In addition ftn; notary must regWa an oaM a DESCRIPTION OF THE ATTACHED DOCUMENT a7rmaon Non,me docurrent sgrer,negxdng ffe Inriblless of the caaenfs or file City of Huntington Beach docume,# The document must be sgnita AFTER the oath a allimmon tithe document was pre,earsly signed a must ce re sgred m from of the notary public"rig me/ua (Tlee a dno4san Of sdeded dooanarlt) process Bidders Information Page C-9 • State and county information must be the state and county where the document sgnef(s)personalty appeared before the rotary pubic (fMotfMealpObn otsesded donrrent Wnbllllad) . Date of notanzation must be the date the s,gnens) personally appeared iimch must also be the same date the furat process is completed Number of Pages Document Date . Print the namets)of the document signehs)who personally appear at the time of notarization • Signature of the notary pubic must match the signature on file vein the AdMo lei rft koW office of the county cleft . The notary seal impression must be clear and photographically reproducible Impression must not cover lent or Imes If seal impression smudges ivi if a sufficient area permits. otherwise complete a different ryrat loan ♦ Additional information Is rot required pul could help to ensure this lural ,s not misused of 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 m1h a staple NOTARY CERTIFICATE Addendum 2 Subscribed and sworn to before me thistiLV nday of n 1 _ , 2071. 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 [ttl+kinrn+ A ) County of SnyA 1R6V16Vt4 1C ) On ftyP'� o l 70-L I before me, "41 klim Day, and Year Insert Name and Title of Notary personally appeared cc\1w y° Name(s)4 Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4) whose name(4 is/afe subscribed to the within instrument and acknowledged to me that he/Wtkey executed the same in his/(teF/t)xir authorized capacity(jes), and that by his/her/tllelr signature(jr) on the instrument the person(;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 LOA y _ -_ C"D1W V Prueexr�awti�T WITNESS m hand and official seal. v w+warro.aeounr Signature Signature of Notary Public (PLACE NOTARY SEAL ABOVE) (Addendum 2 — Issued 4/08/21) C-10 Bidder's Project History — Addendum 2 For the purposes of this project,the bidder shall provide project history of similar work,specifically referencing the construction of traffic signal modifications, underground signal conduit, the installation of fiber optic cable for communication and curb ramp installation. 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 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 51,908,408 Traffic Signal Modification and Installation 5 30:2019 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 Springs CA 92262 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mike Lytar 760-902-4861 $4,464.957 Traffic Signals 6102019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3 City of Diamond Bar 2 18 10 Copley Drivc.Diamond Bar CA 91765 Name and Address of Public Agency Name and Telephone No. of Project Manager: Christian Malpica 909-839-7042 S41 x 975 Traffic Signals and Fiber Optics 9/9/2018 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: (Addendum 2—Issued 4/08/21) C-11 Bidder's Critical Staff— Addendum 2 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 T. B. D. Name of proposed Project Manager Telephone No. of proposed Project Manager: 909-993-5470 City of Diamond Bar 5418.975 Traffic Signals and Filer Optics 9192019 Project Name& Contract Amount Type of Work Date Completed City of Glendale 51.908.408 Traffic Signals and Fiber Optics 5302019 Project Name& Contract Amount Type of Work Date Completed City of Palm Springs 54.464.857 Traffic Signals 6/30/2019 Project Name&Contract Amount Type of Work Date Completed 2. Ralph Antuna Name of proposed Superintendent Telephone No. of proposed Superintendent: 909-993-5470 City of Irvine 5875.693 Tmf is Signals and Fiber Optics 11/30/2018 Project Name&Contract Amount Type of Work Date Completed City of Huntington Beach $320.055 Traffic Signals and Fiber Optics 9302019 Project Name &Contract Amount Type of Work Date Completed City of Palm Desert 5605.349 Traffic Signals and Fiber Optics 3 202020 Project Name&Contract Amount Type of Work Date Completed (Addendum 2- Issued 4/08/21) 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/DLSFJPublicWorks/SB954FactShect-6.30.14.pdf DIR's Contractor Registration Link—Call (844)522-6734 https J/efiling.dir.ca.gov/PWCR/ActionScrvict?action=di*&yPWCRegistrationForm DIR's Contractor Registration searchable database: httpsl/efiling.dir.c&gov/PWCR/Semh.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. Elecnor BcIco Electnc. Inc. Contractor John Wong By Vice President =n Title DatC April 14.2021 PWC Registration#: 1000004804 C-13 Contractor Information Registration History Effective Date Expiration Date Legal Entity Name HARDY&HARPER, INC. 06115/18 06130/19 Legal Entity Type Corporation 05/09/17 06/30118 Status 061O8/16 06130117 Active Registration Number 06/19/15 06/30/16 1000000076 Registration effective date 07/02/14 06/30/15 07/01/20 Registration expiration date 07101/19 06/30/20 O6130/21 Mailing Address 07/01/20 06/30/21 32 Rancho Circle Lake Forest 92630 CA United St... Physical Address 32 Rancho Circle Lake Forest 92630 CA United St... Email Address cicamen@hardyandharper.com Trade Name/DBA License Number(s) CSLB:215952 CSLB:215952 Legal Entity Information I Corporation Entity Number: C0443071 952251022 President Name: Daniel T Maas STEVEN M KIRSCHNER KRISTEN S PAULINO DANIEL T MAAS Agency for Service: Agent of Service Name: DANIEL T MAAS 32 Rancho Circle Lake Forest 92630 CA United States of America Worker's Compensation Do you lease employees through Professional Employer Organization (PEO)?: No Insured by Carrier Policy Holder Name: HARDY&HARPER, INC. FEDERAL INSURANCE COMPANY 54310019 10/01/19 10/01/20 Contractor Information Registration History Effective Date Expiration Date Legal Entity Name GLOBAL ROAD SEALING, INC. 06121/18 06/30/19 Legal Entity Type Corporation 06123/17 06/30/18 Status 06114116 06/30/17 Active Registration Number 07/06/15 06/30/16 1000007714 Registration effective date 02/02/15 06/30/15 07/01/19 Registration expiration date 07/01/19 06/30122 06/30/22 Mailing Address 10832 DOROTHY AVE GARDEN GROVE 92843 C... Physical Address 10832 DOROTHY AVE GARDEN GROVE 92843 C... Email Address gm@globalroadsea(ing.com Trade Name/DBA GLOBAL ROAD SEALING,INC. GRSI License Number(s) CSLB:757584 Legal Entity Information Corporation Entity Number: C2099174 330836547 President Name: TRI LA PHONG LA CEZAR LA TERRI LA TRI LA Agency for Service: Agent of Service Name: TERRI LA 10832 DOROTHY AVE GARDEN GROVE 92843 CA United States of America Agency for Service.- Agent of Service Name: Catherine Vu 10832 DOROTHY AVE GARDEN GROVE 92843 CA United States of America Worker's Compensation Do you lease employees through Professional Employer Organization (PEO)?: No Insured by Carrier Policy Holder Name: GLOBAL ROAD SEALING, INC. INSURANCE COMPANY OF THE WEST IAIC II Cr�l Al]C n1 Contractor Information Registration History Effective Dale Expiration Date Legal Entity Name PCI 06126118 06130/19 Legal Entity Type General Partnership 06/21/17 06/30/18 Status 06122/16 06l30l17 Active Registration Number 08119/15 06/30116 1000005687 Registration effective date 01/15/15 06/30/15 07/01/20 Registration expiration date 07/01120 06/30/22 06/30/22 Mailing Address 975 W. 1ST STREET AZUSA 91702 CA United St... Physical Address 975 W. 1ST STREET AZUSA 91702 CA United St... Email Address sflores@lineuppci.wm Trade Name/DBA PCI License Number(s) Other:823802 Other:823802 Legal Entity Information Federal Employment Identification Number: 710912317 I Partner name(c)- Partner Legal Name: WILLIAM G. JACOB General Partnership Worker's Compensation Do you lease employees through Professional Employer Organization (PEO)?: No Insured by Carrier Policy Holder Name: PCI ZURICH AMERICAN INSURANCE CO. WC 2521003-01 11/01/19 11/01/20 Contractor Information Registration History Effective Date Expiration Date Legal Entity Name SUPERIOR PAVEMENT MARKINGS 06/18118 06/30/19 Legal Entity Type Corporation 06/23/17 06/30/18 Status 06107/16 06/30117 Active Registration Number 06/22115 06/30/16 1000001476 Registration effective date 09/24/14 06/30/15 07/01/19 Registration expiration date 07/01119 06/30/22 06/30122 Mailing Address 5312 CYPRESS STREET CYPRESS 90630 CA U.,. Physical Address 5312 CYPRESS STREET CYPRESS 90630 CA U... Email Address su periorpavemen tma rki ngs@g ma i Isom Trade Name/DBA STREET STRIPING CONSTRUCTION ZONE TRAFFIC CONTROL PARKING 8 HIGHWAY IMPROVEMENT License Number(s) CSLB:776306 Legal Entity Information Corporation Entity Number: 485-8774-5 204518251 President Name: JOHN LUCAS ROBERT GARCIA DARREN VELTZ Agency for Service: Agent of Service Name: SUPERIOR PAVEMENT MARKINGS 5312 CYPRESS STREET CYPRESS 90630 CA United States of America Worker's Compensation Do you lease employees through Professional Employer Organization (PEO)?: No Insured by Carrier Policy Holder Name: SUPERIOR PAVEMENT MARKING: Cypress Insurance Company SU WC033321 06/01/19 06/01/20 ,Contractor Information Registration History Effective Date Expiration Date Legal Entity Name CHRISP COMPANY 06/11118 06/30/19 Legal Entity Type Corporation 05/09/17 06/30/18 Status 05/12/16 06/30117 Active Registration Number 06/12/15 06/30116 1000000306 Registration effective date 07/10/14 06/30/15 07/01/19 Registration expiration date 07/01/19 06/30/22 06130/22 Mailing Address 43650 OSGOOD ROAD FREMONT 94539 CA Uni... Physical Address 43650 OSGOOD ROAD FREMONT 94539 CA Uni... Email Address jhanson@chrispco.com Trade Name/DBA CHRISP COMPANY License Number(s) CS1.8:374600 CSLB:374600 Legal Entity Information Corporation Entity Number: C0908368 942578099 President Name: ROBERT CHRISP DAVID MORRIS TAMMIE ALLISON ROBERT CHRISP Agency for Service: Agent of Service Name: CHRISPICOMPANY 43650 OSGOOD ROAD FREMONT 94539 CA United States of America I Worker's Compensation Do you lease employees through Professional Employer Organization (PEO)7: No Insured by Carrier Policy Holder Name: CHRISP COMPANY ARTHUR J. GALLAGHER & COMPANY WC 0217731-00 12/01/19 12101/20 'Contractor Information Registration History Effective Date Expiration Date Legal Entity Name ALL AMERICAN ASPHALT 05/11/18 06/30119 Legal Entity Type Corporation 05108/17 06/30/18 Status 05102116 06/30/17 Active Registration Number 06/09/15 06/30/16 1000001051 Registration effective date 08/25/14 06/30/15 07/01/20 Registration expiration date 07/01/19 06/30/20 06/30/23 Mailing Address 07/01/20 0613023 PO BOX 2229 CORONA 92878 CA United States ... Physical Address 400 E SIXTH ST CORONA 92879 CA United State... Email Address publimorks@allamericanasphalt.com Trade Name/DBA License Number(s( CSLB:267073 CSLB:267073 Legal Entity Information i I Corporation Entity Number: C0570879 952595043 President Name: MARK LUER EDWARD J CARLSON MICHAEL FARKAS MICHAEL FARKAS Agency for Service: Agent of Service Name: MICHAEL FARKAS 400E SIXTH ST CORONA 92879 CA United States of America Worker's Compensation Do you lease employees through Professional Employer Organization: (PEO)?: No Insured by Carrier Policy Holder Name: ALL AMERICAN ASPHALT ZURICH AMERICAN INSURANCE COMPANY WC593205701 08/01/19 08/31/20 Contractor Information Registration History Effective Date Expiration Date Legal Entity Name CARTER ENTERPRISES GROUP,INC. 03/19/19 06/30/19 Legal Entity Type Corporation 07/01/19 06/30/21 Status Active Registration Number 1000064823 Registration effective date 07/01119 Registration expiration date 06/30/21 Mailing Address 1181 PRINCESS COURT COSTA MESA 92626 CA... Physical Address 2890 E.LA CRESTA AVENUE ANAHEIM 92806 CA... Email Address anarayprc@gmail.com Trade Name/DBA PAVEMENT REHAB CO. License Number(s) CSLB:1051374 Legal Entity Information Corporation Entity Number: 201808610159 President Name: ROBERT STEEN Agency for Service: Agent of Service Name: ANA RAYPON 2890 E. LA CRESTA AVENUE ANAHEIM 92806 CA United States of America Worker's Compensation Do you lease employees through Professional Employer Organization (PE0)7: No Insured by Carrier Policy Holder Name: CARTER ENTERPRISES GROUP, ZURICH AMERICAN INSURANCE CO. WC106300500 03/14/19 10/01/19 Contractor Information Registration History Effective Date Expiration Date Legal Entity Name SMITHSON ELECTRIC,INC 05/24/18 06/30/19 Legal Entity Type Corporation 05/23/17 06130/18 Status 06120/16 06/30/17 Active Registration Number 06/11115 06/30/16 1000001610 Registration effective date 10/01/14 06/30/15 07/01/19 Registration expiration date 07/01119 06/30/22 06/30/22 Mailing Address 1938 E KATELLA AVE ORANGE 92867 CA United... Physical Address 1938 E KATELLA AVE ORANGE 92867 CA United... Email Address laurie@smithson electd c.mm Trade NameIDBA License Number(s) CSLB:614518 Legal Entity Information Corporation Entity Number: C1672574 330447874 President Name: PATRICK T SMITHSON CHRIS ZELL _Agency for Service: Agent of Service Name: PATRICK T SMITHSON 1938 E KATELLA AVE ORANGE 92867 CA United States of America Worker's Compensation Do you lease employees through Professional Employer Organization (PEO)1: No Insured by Carrier Policy Holder Name: SMITHSON ELECTRIC, INC STATE COMPENSATION INSURANCE FUND 6601063 01/01/19 01/01/20 Contractor Information Registration History Effective Dale Expiration Dale Legal Entity Name ELECNOR BELCO ELECTRIC,INC. 06/13118 06/30/19 Legal Entity Typo Corporation 05/24117 06/30/18 status 06/01l16 06/30117 Active Registration Number 06/04/15 06/30116 1000004804 Registration effective date 01/06/15 06/30115 07/01/19 Registration expiration date 07/01/19 06/30122 W30/22 Mailing Address 14320 ALBERS WAY CHINO 91710 CA United St... Physical Address 14320 ALBERS WAY CHINO 91710 CA United St... Email Address mIks@elecnor.com Trade Name/DBA License Number(s) CSLB:73B518 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)2: No Insured by Carrier Policy Holder Name: ELECNOR BELCO ELECTRIC, INC HARTFORD FIRE INSURANCE COMPANY 10 WEA AA6V06 11/01118 11/01/19 Document A31OTM - 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (Name,legal slalus and address) (Name,legal slat=and Principal place(,f Inain"s) 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 1299 Zurich Way, 5th Floor with respect to its completion or OWNER: modification. Schaumburg, IL 60196-1056 fVanu,legal manor and address) Any singular reference to City of Huntington Beach Contractor,Surety,Owner or Y 9 other party shall be considered 2000 Main Street plural where applicable. Hunfington Beach,CA 92648 BOND AMOUNT: 10% Ten Percent of Amount Bid PROJECT: (,'ante,location oraddres andPwjecinrunber,ljmp) Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue, C.C. No. 1548, 1550, & 1625 The Contractor and Surety arc 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 hcmin.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 pith the Owner in accordance with the semis of such bid,mid gives such bond or bonds as may be specified in die bidding or Contract Documents.with a surety admitted in the jurisdiction of the Project and othemise 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 failh contract with another piny In perlimn the work cowered by said bid,then this obligation shall be null and void,otherwise in remain in full liomc and ellbcl.The Surely hereby ssmives any notice of all agreement between the 0\nier and Contractor it,extend[lie lime in which the Owner may accept the bid.Waiver ol'nolice by the Surety shall not apply to uny extension exceeding sixty(60)days in the aggregate beyond the time lbr acceptance ol'bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixly(60)days. If this Bond is issued in connection with a subcontaetors bid ma Contractor,the teen Contractor in this Bond shall be deemed to be Subcontractor and the tern Owner shall be deemed to be Contractor. When this Bond has been fumished to canlply with a simutory or other legal requirement in the location ol'Ihe Pmjecl any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefroni and provisions conliimiing In simh statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be cum.^.rued as a statutory hmid and not as a common Ia%v brad. Sianed and scaled this 7th day of April, 2021. Elecnor Belco Electric Inc. (Principal) (Seal) pl'lnxss) BY: .)C�vl Uzllo rat �L_ Fid lit a De o it Company of Maryland �p D V (Su ry) (Seal) asr♦ � (II'imeKs)44olly Buffam n fP1Oi� i TlreMonna M Planeta Attorney-in-Fact 119a y r 4 W n\r 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 ( 'ere naen cone Ane uae o me o cv) personally appeared John Wong 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 (fie she/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. .yy;;.--- ELISA BETH LIM Commission No. 2281937 z U r m� NOTARY PUeIIC-C LIFORNIA 0 WITNESS my hand and official seal. ; ry SAN BERNAROINO COUNTY My Comm E.Puee MARCH 21,2023 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Pl,s form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed.should be completed and attached to the documeal.Acknowledgments from other states may be completrd for documents being sent to that state so long as he wording does not require the California notary to violate California notary City of Huntington Beach Bid Bond (Title or description of attached document) • State and County information must be the State and County where the document signcr(s)personally appeared before the notary public for acknowledgment. (Title a description of attached document continued) • Dale of notarization must be the date that the signer(s)personally appeared which most also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Dale commission followed by a comma and then your title(notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plum[ forms by crossing off incorrect forms (i.e. he/shcithey—, is lase)or circling the correct funs.Failure to corimily indicate this ❑ Individual (s) information may lead to rejection ofdmumenl recording. ❑ Corporate Officer . TT,e notary seal impression mug be clear and photographically reproducible. Impression most not cover test or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signamrc on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number of pages and date. ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). www.NolaryClasses.eom 800-873-0865 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. Connccticut State of Oakfoc"&K 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 NOT.AB}'PUBLIC- CT 18.I75 y My Commission Expires Nov.M,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 ZURICH 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 Attomey-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 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 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 NHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Scats 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 Aa1F.RICAN CASUALTY AND SURF.TV COMPANY G' FIDELITY AND DEPOSIT COMPANY OF MARYLAND t�By: Robert D.Murray � " Vice President DM!, C'� aunt. Bv: Dawn E.Brownnr 1901f� Secretary •._'"••^' State of Maryland Countv of Baltimore On this 19th day of June, A.D.2019, before the subscriber,a Notary Public of the State of Slaryland,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 sworn,deposelh and saith,that he/she is the said otficu of the Company aforesaid,and that the mats afrmcd to the preceding instrument arc 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,1 have hereunto set my hand and affixed my official Seat the day and year first above written. Jpo}' r 4, 11, ��L�' jai/p9fkil\sl: C.'A eM Q.�www7ti/ ' , o q ly Constance A.Dram,Not Public �rC Litt \.d :JY "In�cri•`�\`' biy Commission Expires:July 9,2023 r•, 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 attomeys-in-fact with authority to execute bonds, policies, recognizanees, 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 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 Attorney...Any such Power or any certificate thereof hearing 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 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,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 Andl 2022`111 "aOi i<I • 161 w BEAL �j� �J 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 BONI),THE BOND NUNIBER,AN-D YOUR CONTACT INFOR,VIATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 w�w_reportsfcIaimspzurichna.corn 800-626-4577 LM aj N C m J 06 � O O Ln t N Z 00 c Ln m .1 N O J 3 Z a C > u L Q 00 i 3 D s Lo w W u Y N > CC N (U CO v a CU c L U CU O on U c u Z c ar ro E m w c m m 0 O = p C 0 H o � Z O N c cOo c t' O c co v o v 3 a v 2 c H rI p N (U i N 0 Q O C uj V s In c cS° ,0��i m O Q pLn d 3 Nip co a N r� 5in 0 j CLEVN' N C Q m O O 0 C° O d13 - o Q WO : a ' � w CwC u C U mV a C w 0 H m � arum Ocr- p a m m RECEIVED BY: CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office (Name) after signing/dating (Date) CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: City Treasurer FROM: City Clerk DATE: SUBJECT: Bond Acceptance I have received the bonds for E--L C.C_/JOA, 6L—FLU (Company Name) CAPITAL PROJECTS (Includes CC's and MSC's) Performance Bond No. 5�- p 0/1,/ Payment Bond (Labor and Materials) Bond No. 9�4 QrO��o 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 7 (Council Appro al Date) CC No. /SQQ 16aE-� Agenda Item No. MSC No. City Clerk Vault No. Other No. SIRE System ID No. glforms/bond transmittal to treasurer Bond No. 9380616 Premium: $1,268.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(hereafter referred to as'City) has, by written agreement dated May 17 ,2021,entered into a contract with Elecnor Belco Electric, Inc. 14320 Albers Way.Chino CA 91710 (name and address of Contractor) (hefeinafter referred to as'Principal'),for performance of the work described as follows: Traffic Signal Modifications at Warner Avenue and Graham,Warner Avenue and Nichols Lane brookiturst Street and Indianapolis Avenue CC 1548 1550& 1625 (Project Title) WHEREAS, said contract, and all documents referenced therein (hereinafter collectively 'Contract'), are incorporated herein by this reference made a part hereof as though set forth herein in lull;and Said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as*Surety");and Surety is certified and listed in the U.S. Department of the Treasury Circular 570,and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies,such as from A.M. Best,Moody's,or Standard 8 Poof s, to validate that Surety has positive ratings of being secure or Stable; and Surety is registered and listed with the Californla Department of Insurance, NOW,THEREFORE,we,the undersigned,as Principal,and Fidelity and Deposit Company of Maryland 1299 ZURICH WAY 5TH FLOOR SCHAUMBURG IL 60196- 1056 (name and address of Surely) as Surety,are held and firmly bound unto City in the penal sum of Three Hundred Fifty Seven Thousand Six Hundred Thirty Six and 00/100 Dollars ($ 357,636.00 ),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,slop 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 of 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 or other modification to the Contract,or the work to be performed thereunder,and agrees 15- 584/II7174 Bond No. 9380616 to automatically adjust the penal sum of this Bond to reflect such adjustments,alterations,changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code§§2845 and 2849. The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF,each party represents and warrants that this instrument has been duly executed by Principal and Surety,on the date set forth below,that the name of each corporate party being affixed hereto is such 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. (Corporate Seal) (P pal Name) By: Name' i Title: C et,�l I ATTEST Fidelity and Deposit Company of Maryland (Corporate Seal) (Surety Name) By • / Name: Kath P or, me -in-Fact (SgnSture of Ana ey4n-Fact for Surety) (Attach Anorney-in-fact Certificate) @_�D605-6000 (Area Code 8 Telephone Nuni for Surety) APPROVED AS TFORM; By: -/ 'Michael E.Gates,City Attorney Note: This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authority of any person signing as attorney-in-tact 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 6/4121 before me, Rebecca Wilks, Notary Public ( ere from rave we rate o me once') 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(it=s), and that by s 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. WI ES S my hand and official seal. 6 J, J% 4olary Public-California i``i, San Bernardino County i Commission:2300,24 Nota ublic Signature (Notary Public Seal) MY Comm.C,pee5,ag 5 1013 ADDITIONAL OPTIONAL INFORMATION rNSTruJcnONS FOR Ci NIP)_rrrxl THIS F-OliUM This Torsi tnmylies mirh cw,ear C-ol frnno statures regmding nomro eroding and, DESCRIPTION OF THE ATTACHED DOCUMENT foeriled..,hon)d be,cumpleveda.rcl attached ro the docomenr9eknneledgments fi-orn when state,map he eompleled lar docurn ce in being nt that srnre so long as the• ,,ding does notrcgninc the C'aliio"0000rarnI"wharernlfonuanotan Huntington Beach performance bond an: (Tide or description of adiched document) • State and(aunty information must lie the Sate and Count, •he a the document 'dmerts)per<mmlh appeared before the notary public for acknutdedginent. • Due of nntaritatian most be the date deal the signegi)pe,smnny appeared,sIoch (Tide or description of attached document mndnued) most also Ix the.nine date die aeknoaicdgmcnt is Completed. • The notary public mn5l prior his or her name as it appears sithin his or her Number of Pages_Document Date rat mission follo,,ed by a cumin,and Then your title factor;public). • print the imns(s) of dtumneia signers) ,rho persunaily appea,' at the ,rune of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate die coned siogula,or plural fins by crosing off incorrect mans(i.e. hershddny-is Ime)or circling the correct forms.Faihoe to eoneclly indicate this ❑ Individual (a) infomvnion may lcni iu rcjcctioti of doetencnt rcctm)ing. ❑ Corporate Officer . ore nmtary seal iniptession must be clear and photographically reproducible. hup,esrion most not co,er test ar lines. If seal impression sinudµes, "-seal if a (Title) sufficient nrea pernihs,otherwise complete a diffcmnl acknowledgmcrd fonts. ❑ Partner(s) . signature of the notary public must match the signature on file with the office of the c ionic clerk. ❑ Attorney-in-Fact idddionitl infonnatim, is oot reyuiretl but could help to ensure this ❑ Trustee(s) acknowledgment is not misu%cd m'aunched to a diffcrcm docnnsnl. Other Indicate title n,tyye ofaunahed doauneat,mmiber of pages and date. CD Indmae the capacity claimed by the signer. If the ehinied caryaity is;i eor}wmte officer.indieatc the title lie.CEO,CFO.5ceremry). m,:w Meter(Classes cow a0F8/'.i-'dE'u5 tiecur<ly arach this document m else signed document scidi n staple. NO'fAI21' ACKNOWI-EDGiIEN'I' OF SURETY: State of Connecticut County of'Hartford ss. On this the tst day of June 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 purposes therein contained. In witness whereof] hereunto set my hand. Signature of Notary Public Date Commission Expires: November '0, 2025 Brvan Caneschi Printed Maine of Notary BRYAN CANESCHI NOT.4 R F PUBLI C- CT 181415 My Commission Expires Nov.30,2025 ZU141CII AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTYAV'D SURE'l)"COMPAN)' FIDELITY AND DEPOSIT CO,\1I'.\�\1' OP \I:\Kl'1.,\VU PO\VF.Ii OF A"FIORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSUIL\NCE COMPANY.a corporation of the Stile of Ncw York.the COLONAL ANIE_RICAN CASUALTY AND SURE I N'COMPANY.a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF t\IARI'L\ND a corporation of the State of Illinois(herein collectively called the"Companies"),by Robert 1).Murra%.Nice President[,in pursuance of authority'granted by Article V.Section S.of the Hy-Laves of said Companies,which are set forth on the reverse side hereof and arc hereby certified to be in full force and effect on the date hereof.do hereby nominate,constitute. and appoint Donna ;M. PLAV'ETA, Bethany Sf EVENSON,Joshua SANFORD,:Aimee R. PFRO,\'DIVE. Rrvan NI.CANESCIII, Alexis R.APOST'OLIDIS,Michelle Anne\ICNI AIION.Rebecca M.SI'EVEV'SON,Brendan\\'.FLETCIIEIt.Cassandra BAEZ, J;Ictlueline R.SUSC0,Janet WRIGHT, Rathrvn PRYOR.Nicholas'FURF.CA\IO,Phillip M.KNOWER of Ilartfurd.Connecticut, EACH,its true and I:nvful agent and Attumcy-in-fact,to make,execute,seal and deliver. for.and on its behalf as surety,and as it.,act and deed: any and all honds and tmdena ki nos,and the execution of such bonds or undertakings in pursuance of Ihcsc presents,shall be as binding upon said Companies.as fully ,and amply.io all intents and purpuscs,as if they had been duly executed and acknuwicdged by the regularly elected ofPmers of[he ZURICH AMERICAN INSURANCE COMPANY at its office in New York.Ne,,York..the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURET)'COMPANY at its Office in Owings Milk,I.Iaryland.,and the regularly elected affects of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills. Mary land.,in their own proper persons. The said Vice president does hereby certify that the extract set forth on the reverse side hereof is n 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 hislh,r names and affixed the Corportoe Scats of the said ZURICH AMERICAN INSURANCE CO>IPANY. COLONIAL AMERICAN CASUALIY AND SURI.TY COMPANY. and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 22ND davof December.A.D.2020. .0 ZURICH AMERICAN INSURANCE COMP AN) COLONIAL AMERICAN CASUAL']) AND SURrAY CO>IP AN)' 1'IDfa.11 Y AND DF.I.OSI'I'COMPAN)'OF MAR)'LAND BY: Robert D.Mu,ra_I Fice Presiidew 4- BY. Duin F. Blown Secrera,) State of Marvland Counh'of Baltimore On this'2nd day of D ccmbaq A.D.2020. scion,the subscriber.a Noma Public of the Slate of pinryland.duly commissioned and qualified, Roh<rr II.M...m.\'ice President and D:nsn E. Lunen,Secremry ofthe Cmnpanice,to me personally known to be the individuals and n0icern described in and who eseemsd the preceding insrument. and acknowledged the execution of saint,and being by me duly svvom,dcpuscth and suith. than bclshc is the said officer of the Company afomaid,and that tl:e scale affixed to the preceding instrument arc the Corryrmm Scats of said Companies.and that the said Corporate Scats and the signature as such officer"em duly affiNcd and subsenbcd to the said instrument by the authority and direction of the said Corporatinns. IN TESTI?IONY WHEREOF.I has'e hcmumn set my hand and nfr cd my Official Seal the Jay and year first above wriocn. pvpv`•.'>S Con9mac A.Uunn,Nunn'Public A ut hcnticity of this bond can be cunft rmnd iii�lion dva l ida t u r.zu ric It na.cum or 410-559-8790 „AW Commission Fxpires:July 9.202J EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V.Section S. Attorneys-in-Pan. The Chief Executive Officer,the President.or any T_xccwiye Vice President or Vice President HOLY. by wriucn instrument under the attested corporate seal, appoint auomeys-in-fact with authority to execute bonds. policies, recognizanccs, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer ur any such auomcy-in-fact to affix the corporate seal thereto:and may with or without cause mudify of revoke any such appointment or authority at any time.” CERTIFICATE 1, the undersigned, Vice President of the ZURICII AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN, CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT CO:AIPANY OF MARYLAND, do hereby certify that the foregoing Poa'er of Attorney is still in full force and effect on the date of this certificate and I do further certify that Article V.Section S.of the By-Laws of the Companies is still in force. This Pmycr of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICII AMERICAN INSURANCE COMPANY at a meeting duly called and held on the t.4h day of December 1995. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secmtary and the Scat of the Company may be affixed by facsimile on any POsccr of Alromcy...Am'such Posstt 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 fullowing resolution of the Board of Directors of the COLONIAL ANIERICAN CASUALTY AND SURETY COMPANY at a meeting duty called and held on the $th day of May. 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF iM ARYLAND at a meeting duty called and held on the 10th day of May, 1990. RESOLVED: "'chat 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, sahcrcver appearing upon a certified COPY of mry power of auomcy issued by the Company.shall be valid and binding upon the Company with the same force and effect as though manually at fixed. IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate scats of the said Companies. this 1st daN of June 2021 0 `i°�'„°' ! By: Brian M. I lodges Vice President TO REPORT A CLAW WITII REGARD TO A SURETY BOND, PLEASE SUB\111'A CO:NIPLETE DESCRIPTION OFTHF CLAIM INCLUDING TIIE PRINCIPAL ON I'HE BOND,TIME RO:N'D NUNIBF-R,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Nay Schaumburg, IL 60196-1056 w•syw.rcports fcl a i msriiizu richna.com 800-626-4577 AuthenticllY of this bond can be confirmed at buedy:didalor.zurichna.com or 410-559-8790 Bond No.9380616 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS,City of Huntington Beach(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: Traffic SionaI Modifications at Warner Avenue and Graham Warner Avenue and Nichols Lane Brookhurst Street and Indianapolis Avenue CC 1548 1550 8 1625 (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 Poors,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 Fide lily and Deposit Company of Maryland 1299 ZURICH WAY, 5TH FLOOR, SCHAUMBU RG. IL 60196- 1056 (name and address of Surety) as Surety,are held and firmly bound unto City in the penal sum of Three Hundred Fifty Seven Thousand Six Hundred Thirty Six and 00/100 dollars($ 357 636.00 ),this amount being not less than one hundred percent(100%)of the Iola]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 net 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. PAYMENTBOND Page I of 2 15�584/117357 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. rt II Dated: June 1, 2021 ATTEST Elecnor Belco Electric, Inc. I•I/ (Corporate Seal) (Prll .pi I Name) By: Na _ r q _ I - -�L Title: CFb �.l-fES7 Fidelity and Deposit Company of Maryland (Corporate Seal) (Surety Name) 4,G By: Name: Kath n Pryor Atto a -in-Fact (Signature of Attorp ey-in-Fact for Surety) (Attach Auomey-in-Fact Cenificale) :jj7 605-6000 (Area Code&Telephone Number for Surety) APPROVED AS 70 FORM: Michael E.Gales,'CilyAttorney / C c Note, This bond must he executed in duplicate and sated,ell signatures must be notarized,and evidence or the authority of any person signing as attorney-in-facl must be attached. PAYME-NTBOND Page 2 of 2 1 SA5941117357 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 ,nae inaan ppena ora one c the aP.icev personally appeared Jeroni Gervilla who proved to me on the basis of satisfactory evidence to be the person(s) whose names) Is re subscribed to the within instrument and acknowledged to me that the/they executed the same in Is er/their authorized capacity(iles), and that by Is er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons-) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. W ESS m hand and official seal. REBECU^'IE'S y yr "\. ,Votary Pobiic Cali:ornia '/ 3. r ;•ypv.^c. %-e_. San gernaroino Count? "�0- commission s 7700a7a `Y: My Camm.Espu•es._g 5.1073 Notary Public Signature (Notary Public Seal) INSTRUCTIONS FOR CONIPLETEN6 T .N[IIS FOR 'I ADDITIONAL OPTIONAL INFORMATION 7hlt/corn contphes,.'ilh cur,.:t Califrrnin.dvtuou ,g.t1mg nmurrwmdlug and, DESCRIPTION OF THE ATTACHED DOCUMENT i needed.shunld be completed and attached it;the docament.doknanledgmants from otho states amp he cuniple:ed/or doemnena being sent to that state.so long Huntington Beach payment bond n as the>onhugdoes not require the Call0tion noun'to.'iolare Cnlfarnlanaturs (T&a description of aaached cmumen)) • State and C.mnty infnnnmion must be the State and(ount,'w'hcrc the document siu ur(s)personu))y appeared before the notary puhlic for vukno,elcdpucut. • Date of utuarization must be the date that the aigr,cr(s)personally appeared which (Tide or desa;ption of attached document cominued) nest ako be the smuc date the acknms1dgntcut us completed. • The notary, public must print his or her name as it appears aidun his or her Number of Pages Document Date 'nunss;on ionawed by a cnpnmi aria hen your dde(n'wry public). • Print the nane nt(s) of docume signals) n'ho personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate dre concet singular of plum) limns by crossing off uicorrect font,(i.e. he.'shcither-is farms.Failure w wrzccllr indic:vc this ❑ Individual (s) inGmnatitn,may led to ujcctiun ofdoemncnt recording. ❑ Corporate Officer • 'Ihe 'unary' seal impression must be clear and photographically reproducible. hnpoe.snoa must not cover text or lines. If seal impression smudges,rc-seal it'a (Title) sutlicicnl area permits,ollu rwise cunrpkm a tillernH acknosvldgnncnt Conn. CI Partner(s) • Signature of the notary public neat match the signature on file with the office of the coon,clerk. ❑ Attorney-in-Fact nLhhl mnal imonnatien is at required but could help to ensure this ❑ Trustee(s) scknowledgmcm is not misused or machcd in:t differcm document. Other Indicate title or t)lx or attached document,number of popes and date. ❑ Indicate the uupactiv claimed by the signer. If the elapsed capacity is a corpumte officer,indicate the tit)c(i.s.CEO.CFO.Seerein y). atw+.i•Jo1.3ry(aasses corn aC 87,-a°CS Securely:vetch this documau to the siancd document wills o maple. NOTARY ACKNON LEDGMENT OF SURETY: State of'Connecticut County of l-lartford ss. On this the ist day of dune 20 21 . before ntc, Bryan Cancschi , 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 saute as the act of his/her principal for the purposes therein contained. In witness whereof I hereunto Set my hand. Signa r re f Notary Public Date Commission Expires: November 30. 2025 Brvan Caneschi Printed Name of Notary BRYAN CANESCHI iVOTAR 9 PUBLIC- CT 182!i 5 My Commission Expires Nov.30,2025 ZURICH AMERIC:AN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURF-TY COMPANY' FIDEI.1'1'Y'AND DISIIOSI I COMPANY OF M ARY'LAND POWER OF A 1-1'ORNEY' KNOW ALL MEN BY THESE ['RESENTS:That the ZURICH AIIERICAN INSMVNCE COMPANY.a corporation of the Statc of New York.the COLONIAL AMERICAN CASUALTY AND SURETY COb1P.ANY,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.Yhrrra%.Y'ice President,in pursuance of authority granted by Anicic V.Section S.of the By-Laws of said Companies,which arc 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,eonstiltac. and appoint Donna M. PLANETA, Bethanv J I'F:VENSON,Joshua SANFORD,Aimce R.PERONDINE,Bn'an M.CANESCHI, Alexis R.APOSTOLIDIS,Michelle Annc MC,%IAIION,Rebecca%I.STEVENSON.Brendan W. FLE fCHER,Cassandra BAEZ. Jacqueline R.SUSCO.Jance its'RIGH1.Kathryn PRY OR,Nicholas T URECAM(1. Phillip M. KNOWER of Hartford,Connecticut. EACIL its true and Iawfol agent and Attomcy-in-Fact.to make,execute,seal and deliver.for,and on its behalf as sorely.and as its act and deed: an and all bonds and undertaking,.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 AMFRICAN INSURANCE COMPANY at its office in New York.Ne+v 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 it its office in Owings Mills, \laryland.,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 Arlicic V.Section S.of The By-Laws of said Companies.and is now in force. IN WITNESS WHEREOF. the said Vice-president has Iterenlln subscribed hislher names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELIII'AND DEPOSIT COMPANY OF\I:ARY-L;AYD.this 22ND day of December.A.D.2020. nxr ;o: O REAL A'17F:S'1': ZURICH AMERICAN INSURANCE COMPANY' C(1LON'h\I.AJ1 F.I(IC,\S'C,\SU,\I:II'A,\D SIiREI'\'COI I',\S'1' FInEI.I'rl'AND DEIIOSI'I'CO,\tl',\NY OF>IARYLA,ND Br: Roheri D.Mw rot I ice Presidew BY Daum E. Brown ,Senelag Statc of Marviand County of Baltimore On this 22nd day of Dcoanber. A.D.2020, before the,ub,i,nbc,,a Notun' Public of elm State of Maniand,duly commissioned and qualified.Ruben D. \lurrao,Vice 1'rr,ident vad D.,,. E.nrnen,Secretan'of the Companies,to ne personally known ao be the individual,and ufrem described in and who eucwed the preceding instrument.and ucknuwicdged the ncewiun of same.and being by me duly s,vom. deposcih and mid,,that he/she is the said officer of the Company aforesaid,and that the ants affixed to the preceding instrument are the Corpnmm Seal,of said Companies.and that the said Corporate Scaly and the signature as such officer were duty affixed and subscrilxd to the said innm ncm by the authority and direction of the said Corponlions. IN TESTIMONY O'HERFOF.I ha,'e hereunto sct my hand.,it nMx,d my Offei.i Seal the day advs car -first ab.,e w'riacn. Constance A.Dunn,Nuun Public Authenticity of this bond can be conftnnetl iifFicndvalidator.zurichna.corn or 410-559-8790 My Couvniszion Lxpire,Jul'9.202-3 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8.Auomeys-in-Fact. The Chief ISxceutive Officer,the]'resident,or any Executive Vice President or\'ice President may, by wriucn instntmcm under the aueSmd corporate seal, appoint allorncys-in-face with authority to execute bonds, policies. recognizanees, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such uttomcy-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 Presidium of the 7URICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTYi AND SURETY COMPANY. and the FIDELITY AND DEPOSIT CONIPANY OF MARYLAND, do hereby certify that the foregoing Power of Auorncy 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 Fay-Lases of the Companies is still in force. This Powcr 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 meetin__duty called and held on the 15th day of December 1998. RESOLVED: "That the signature of the['resident 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 am'Power of Atiomcy...Any such Powcr or any certificate thereof bearing such facsimile signanuc and seal shall be valid and binding on the Company." This Power of Anomcy and Certificate may be signed by facsimile under and by authority of the fulluw'ing resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURFTY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Hoard of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duty called and held on the 10th day of May. 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of company and facsimile or mechanically reproduced signature of any Vice-President, Secretary.or Assistant Secrcta,of the Company. xhether 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 tire same force and effect as though manually affixed. IN TESTIMONY\\'FIEREOF. I have hereunto subscribed my name and aBiscd the corporate seals of the said Companies, this 1st day of June 2021 Bv: Brian(M.Bodges Vice President TO REPORT-A CLAIJI WI I'll RECARI)TO A SURETY BOND, PLEASE SUBMIT A CONIPLETE DESCRIPTION OF'1'llE CLAM INCLUDING TIIE PRINCIPAI,ON,I'IIE BOND,']'HE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-I056 www• renoitsfclaims(lzurichna.com 800-626-4577 Authenticity of this bond can he confirmed ni bond%alidatur.zurichna.cum or 410-559-8790 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:/twww.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-874 A CW (06/11) Page 1 of 6/9/2021 Company Profile 1' I I 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 for Action/Appeals Reference Information Contact Information Financial Statements NAIC #: 39306 PDF's Annual Statements California Company ID #: 2479-4 Quarterly Date Authorized in California: f 01/01/1982 Statements Company Complaint License Status: UNLIMITED-NO RhIAL 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 htips://interactive.web.insurance.ea.gov/companyprofile/companyprofile?event=companyProf le&doFuncdon=getCompanyProfile&eid=6217 1/2 6/9/2021 Company Profile TEAM AND VEHICLE WORKERS' COMPENSATION back to top cp 2006 California Department of Insurance https:/Iinieractive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=6217 2/2 6/9/2021 Surely Bonds-List of Certified Companies u V JI I v LJ� /l ll LJr\LJJ. I L I L' I (•!'11\r\ - yu' U' V VVf I V I v I4/ ' IvIIV JJUuu. 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:/tw .'iscal.treasury.gov/surely-bonds/list-certified-companies.html#f 31192 l Page 1 of 2 A�o® CERTIFICATE OF LIABILITY INSURANCE D05/27/202ATE YY) OS/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 he endorsed. If SUBROGATION IS WAIVED, Subject to the terms and conditions of the policy, certain pollclos may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER CONTACT NAME: Willis Towers Matoon Certificate Center Niilia Towers Watson Northeast, Inc. PHONE. 1-877-945-73'7fi FAX 1-888-467-2.378 c/o 26 Century Blvd IA/C Me,,P.O. Sox 305191 EISAJL , cortificotaoOHillia.com Naohvillo, TN 372305191 USA INSURERS)AFFORDING COVERAGE NAIC0 INSURERA: Hartford Undoessitora Insurance Company 30104 INSURED INSURER B: Hartford Fire Insurance Company 19682 Rloonor Sol. Electric, Inc. 14320 Albers Nay INSURERC: NAvigatera Insurance Company 42307 China, CA 91730 INSURER 0: Markel Insurance Company 38970 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:H21051522 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 THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSH TYPE OFINSUMNCE 0 POLICYNUMBEH MWDDTi" MWOOMYY LIMITS X COMMERCIAL GENERAL LIABILITY 1,000,000 FAGI OCCURRENCE $ CLAIMSd3ADE IT OCCUR PREMISES(E FAreens 1 3 100,BOB A MED F.XP(Aywe son) S 10,000 y Y 10 USA HF1471 11/01/2020 11/01/2021 PERSONAL&ADV INJURY $ 1,000,000 CENT.AGGREGATE� LIMIT APPUES PER: GENERAL AGGREGATE $ 2,000,000 PRO POLICY I ^13Ecr 7LOC PRODUCTS-COMP/OP AGO S 2,000,000 OTHER IS HOMOBILELIA01LITY COMBINEOSINGLEUMIT S 1,000,000_Ir. ax'do0ANY AUTO BODILY INJURY(Per person) 3 OWMED SCHELED y Y IOUL cdAHF1837 11/01/2020 11/01/2021 BODILY INJURY(Poradenl) S AUTOS ONLY AUTOSDUHIRED NON OWNED PROPERYDAMAGE AUTOS ONLY AUTOS ONLY -[per I 5 C UMBRELLA UAH X OCCUR EACH OCCURRENCE 3 5,000,000 X E%GE95 LIAB CLAW MADE TS20EXC918906Lv 11/01/2020 11/01/2021 AGCRF.GAIE 3 510001000 DED RETENTION 35,000,000 Part of 3 30,000,OU0 WORKERS COMPENSATION X PER ETH AND EMPLOYERS'LIABILITY B ANYPHOPRIETORPARTNERIEXECUTIVE Y7N 1,000,ODC OFFiCER/k'4dMBER EXCLUDED7 NIA Y 30 WEA AA6vQ6 11/01/2020 11/01/2021 LL EACH ACCIDENT 3 (Mendalory In NH) E.L.DISEASE-EAEMPLOYEE $ 1,000,ODO 8 yyoo5'desa@o undo, 1,000,000 DESCRIPTIONOFCPERATIONSbolmv E1.DISEASE POLICY LIMIT $ D Excess Liability k IEUE100437 11/01/2020 11/01/2021 05,000,000 part of 010,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Addllianel Rdmerks Schedule,may be attached It more space Is ne,ulnC) RE: Project: Downtown Fiber Optic Communicntiona from City Hall to Pier Plaza, CC-1621. City of Huntington Beach (City) , its officers, elected or appointed oE£icialo, employees, a��rar�YnCCtgqs�3Dd_u(1�M�un teore (the "Additional Insured Parties") are includad an Additional Insureds as respects to Ion"RQYSTJi'1Zty aFFo Auto Liability, By: JCHAELETUAICS CERTIFICATE HOLDER CANCELLATION BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Huntington Beach Public Works Department AUTHORIZED REPRESENTATIVE 2000 Main street Hunt 114 Huntington Beach, CA 92648 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD -- To: 21143753 —Ta<: 2109085 AGENCY CUSTOMER ID: LOC#: A�o ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willie Towers Watson Northeast, Inc. Eleanor Halo Electric, Ina. 1E320 Al bore Hey POLICY NUMBER Chino, CA 91710 Sao Page 1 CARRIER NAIL CODE Sao Page 1 See Page 1 EFFECTIVEDATE: Sae Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance General Liability and Auto Liability policies shell be Primary and Non-Contributory with any other insurance in force for or which may be purchased by Additional Insureds. Waiver of Subrogation applies in favor of City of Huntington Beach (City) with respects to General Liability, Auto Liability and Workers Compensation as pormitted by law. Coverage for Contractual Liability is provided under the General Liability policy. ACORD 101 (2008101) ®2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SH 10: 21143753 IIATCH: 2109085 CERT: W2105152.2 'POLICY NUMBER: 10 UEA HF1471 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 Localton(s) Or Or anizatlon s : Of Covered Operations: 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". pail, 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 (2) In connection with your premises owned ( ) Y Period; and by or rented to you and shown in the (b) Subsequent the policy t the execution such Schedule;or written contract t or written agreement; ment; 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 person(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 failing 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; (ii) 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 i i COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions In this policy restrict coverage. (1) The "bodily injury" or "property damage" is 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 "properly 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 "properly 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 Insurance; and occurred or has begun to occur. Of d. Damages because of "bodily injury' include (2) Our right and duly to defend ends when damages claimed we have used up the applicable limit of any person or insurance in the payment of judgments or organization for care,, l loss of services or death resulting at any time from the "bodily settlements under Coverages A or B or 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 I(: 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 which this insurance or medical, dental, or surgical supplies damages 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 any insured mayy be held liable by reason of: whether performed manually or with a 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 "bodily injury" or "property damage" resulting injury' or "property damage", involved that from the use of reasonable force to protect `�` ov is described in Paragraph (1), (2) or (3) 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 / , 1 (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: (1) Any insured; or (1) Whether the Insured may be liable as an (ii) Any person or organization for employer or in any other capacity; and whom you may be legally (2) To any obligation to share damages with responsible; 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 directly e if the contract". indirectly on any ins assumed by the insured under an "insured behalf are performing operations f the "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, or other operating fluids escape from to fumes, vapor or soot produced by from s vehicle part designedtore or receive them. This or originating from equipment that hold, store exception does not apply if the is used to heat, cool or dehumidify "bodily injury or "property damage the building, or equipment that is arises out l used to heat water for personal the intentional of use, by the building's occupants or discharge, dispersal release their guests; the fuels, lubricantss or other operating fluids, or if such fuels, (II) "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 promises, 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 ❑ "Bodilyinjury" or "property dama e" insured at that premises, site or I y g sustained location and such premises, site or hn release of gases, within a building and caused location Is not and never was owned or occupied by, or rented or fumes orr the vapors from materials loaned to, any Insured, other than brought into that building in that additional insured; or connection with operations being performed by you or on your behalf (III) "Bodily injury'or "property damage" by a contractor or subcontractor; or arising out of heat, smoke or fumes III "BodilyInjury" "property damage" from a "hostile fire"; ( ) f y" or 0 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 used by or for any Insured or others for (e) to or from any premises, site or 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". (5) "Bodily injury" or "properly damage" (2) Any loss, cost or expense arising out of 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, containing, or f.(3) of 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, "property 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 "property 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 L War by that insured, If the "occurrence" which "Bodily injury" or "property damage", however caused the "bodily injury" or "property caused, arising, directly or indirectly, out of: damage" involved the ownership, (1) War, including undeclared or civil war; maintenance, use or entrustment to others of 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 using military personnel or other agents; (1) A watercraft while ashore on premises you or 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 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 the 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 mainlonance m. Damage To Impaired Property Or Property of such properly 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 property that has not been physically injured, (Z) Premises you sell, glue away or abandon, arising out of: if the "property damage" arises out of any part of those premises; (1) A defect, deficiency, Inadequacy or 3 Property loaned to you; dangerous condition in "your product" or ( ) P Y y "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 properly 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 P 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 period of seven or fewer consecutive days. A (1) "Your product"; 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. adr injury" arising out of "personal and advertising injury". Paragraphs (3), (4), (5) and (6) of this p. Access or Disclosure Of Confidential Or under a sidetrack agreement.exclusion do not apply liability assumed Personal Information And Data-related Paragraphs (3) and (4) of this exclusion do Liability 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 organizaiion'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 (c) Arise out of any claim or suit for Paragraph (1)or(2) above. damages because of testing 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 to 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 r. Asbestos apply to damage by fire, lightning or explosion to 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 pay those sums that the insured which would not have occurred in becomes legally obligated to pay as damages whole or in part but for the "asbestos 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 duly 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 i 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 In. 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 "porsonal and advertising injury". by any other party involved in the claim or "suit", regardless of whether this b. Material Published With Knowledge Of insurance would otherwise apply. Falsity "Personal and advertising injury" arising ail of However, this exclusion does not apply if the 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 took 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 advertising injury" under the "Personal and advertising injury' arising 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 chatroom 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 "Personal and advertising injury" arising out of (a) Your web site; or 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 "Personal and advertising injury" arisingout of regulatory requirement that any insured or a violation of any anti-trust law. others test for, monitor, clean up, remove, 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: o. 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; or (4) Any federal, state or local statute, 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 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 employer or in any other opacity; and (2) On ways next to premises you own or 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 takes 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; test 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 00 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 lho "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 vlolatlons 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 insured at our request to assist us in the (c) Notify any other insurer whose 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 export 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 indemnilee 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 obllgation 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 professlonal 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. d. An organization other than a partnership, (b) Subparagraph se, a above does not g p p, joint apply to any nurse, emergency medical venture or limited liability company, you are technician or paramedic employed by an insured. Your "executive officers" and you to provide such services. directors are insureds, but only with respect to their duties as your officers or directors. Your (2) "Property damage" to properly: 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 member (if you are a limited liability performing duties related to the conduct of your business, or your "employees", other company). 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 De 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 dale of the Coverage Part. additional insured on your policy, provided the The insurance afforded herein for any Injury or damage occurs subsequent to the 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 180th day after you acquire or form provides coverage for "bodily Injury" or the organization or the and 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 12 of 21 HG 00 01 09 16 i I i I 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 land;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 "properly damage" or "personal and or ingredient of any other thing or advertising injury" caused, in whole or in part, substance by or for the vendor; or by your acts or omissions or the acts or h "Bodilyin ur "property or " ro the" omissions of those acting on your behalf: arising out of the sole negligence of t ( ) injury" p p y damage" (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 (i) The exceptions contained in Sub- additional insureds, the following additional paragraphs(d)or(f); or exclusion applies: (ii) Such inspections, adjustments, This Insurance does not apply to "bodily tests or servicing as the vendor has injury", "properly 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 fallure to render any professional course of business, In connection services by or for you, including: with the distribution 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 "properly 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 organizalion(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 stale 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 shown as a Named Insured in the Declarations. O "your work" and included within the "products-completed SECTION III—LIMITS OF INSURANCE operations hazard", but only if 1. The Most We WIII 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 bo 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: q personal And Advertising Injury Limit (1) The preparing, approving, or failing 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 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 Subject to 5. above, the Damage To Premises result in a claim. To the extent possible, 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 fire, (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 Subject to 5. above, the Medical Expense Limit is claim or"suit" and the date received; and 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 e• 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 01 09 16 Page 15 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: ( ) or any additional insured that is an 1 You (2) Premises Rented To You individual; That is fire, lightning or explosion (2) Any partner, if you or the additional insurance for premises rented to you or insured in a partnership; temporarily occupied by you with permission of the owner; (3) Any manager, if you or the additional (3) Tenant Liability insured Is a limited liability company; (4) Any "executive officer" or insurance That is insurance purchased you to cover your liability as a tenant ant for manager, if you or the additional insured is "property damage" to premises rented to a corporation; you or temporarily b y oraril p y occupied p y 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 lass 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 - Bodily Injury And Property Damage b. To sue us on this Coverage Part unless all of 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 dale 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 "sult". 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 absence of this insurance; and If unintentionally you should fail to disclose all 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 T. Separation Of Insureds bought specifically to apply in excess of the Except with respect to the Limits of Insurance, Limits of Insurance shown in the Declarations 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" means: 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 renew 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 (including its territories and possessions), (5) Newspaper; or Puerto Rico or Canada, in a "suit" on the merits b. Any other publication that is given widespread according to the substantive law in such territory or n 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 8, "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 er 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 failing 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 properly 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 ;he contract for a lease of architectural or engineering activities. premises that Indemnities 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 of the owner is subject to the Damage to perform duties related to the conduct of your business. "Leased worker" does not include a Premises Rented To You Limit described in "temporary worker". Section III—Limits of Insurance; b. A sidetrack agreement; 14."Loading or unloading" means the handling of 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; b. While it is in or on an aircraft, watercraft or d. An obligation, as required by ordinance, to "auto"; or indemnify a municipality, except in connection with work for a municipality; c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is 9. An elevator maintenance agreement; 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."Moblle equipment" means any of the following damage" to a third person or organization, types 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 far "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 feet 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 "property (a) Snow removal; damage" occurring away from premises you (b) Road maintenance, but not own or rent and arising out of "your product" OF"your work"except: construction or resurfacing; or c (c) onstrtreet 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 lob 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 boon 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 repealed 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 which completed. Is otherwise complete, will be treated as co arising out of one or more of the following 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 as person's or organization's goods, products or in a policy listed in the Declarations or lic y Schedule, states 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: 1( ) Any goods or products, other than real a. Physlcal injury to tangible property, including property, 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 computer software, including systems and (2) The providing of or failure to provide warnings or instructions. applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing c. Does not include vending machines or other devices or any other media which are used with property rented to or located for the use of electronically controlled equipment. others but not sold. 21."Suit" 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 "employeo" on leave or to meet seasonal or shor-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.1. - 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 it: 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.1. -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 I. 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 "property 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.I. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: Policy No. 10 UEA HF1837 02011, 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 Required 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 f 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. When this insurance is excess, we will have no (3) Additional Insureds Other Insurance 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 Par` 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 o 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. (2) The total of all deductible and self-insured (4) Duties in The Event Of Accident, Claim, amounts under all that other insurance. Suit or Loss We will share the remaining loss, if any, by the If you have agreed in a written contract method 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 A.4.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/lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan4ease 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 0ie 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 partner, 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 dale 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 III - PHYSICAL DAMAGE COVERAGE, we will anywhere in the world provided that if the pay for the expense of returning a stolen covered "insured's" 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 induce 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 o move the auto, or the internal 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 Coverage Form, then such Physical Damage 16. HYBRID, ELECTRIC, OR NATURAL GAS Coverages are amended to add the following: VEHICLE PAYMENT COVERAGE 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 lime 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 new 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 �y 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 Policy No. 10 WEA AA6VQ6 Authorized Representative 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 N,%v.huntingtonbeachca.gov •ee.�r m"°- 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: Traffic Signal Modifications— CC-1548, CC-1550, CC-1625 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, 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 City of Huntington Beach File #: 21-370 MEETING DATE: 5/17/2021 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 $357,636 for the construction of Traffic Signal Modifications at the intersections of Warner Avenue at Graham Street (CC-1548), Warner Avenue at Nichols Lane (CC-1550), and Brookhurst Street and Indianapolis Avenue (CC-1625), and authorize change orders not to exceed 15 percent Statement of Issue: On April 20, 2021 , bids were opened for the construction of traffic signal modifications at the intersections of Warner Avenue at Graham Street, Warner Avenue at Nichols Lane. and Brookhurst Street and Indianapolis Avenue. Staff requests that the City Council award the contract to Elecnor Belco Electric, Inc., the lowest responsive and responsible bidder. Financial Impact: The engineers cost estimate for this project is $610.200. For the intersection of Warner Avenue and Graham Street. funds in the amount of S67,000 are budgeted in Proposition 42 Account No. 21990425 82700 and $195,000 are budgeted in the Traffic Impact Fee Account No 20690014.82700. For the intersection of Brookhurst Street and Indianapolis Avenue, funds in the amount of S204,000 are budgeted in the Proposition 42 Account No 21990424 82700 For the intersection of Warner Avenue and Nichols Lane. funds in the amount of $144,200 are budgeted in Proposition 42 Account No. 21985201 .82700 Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Elecnor Belco Electric, Inc., in the amount of $357,636, and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney, and. C) Authorize the Director of Public Works to execute change orders not to exceed a total of 15 percent of the contract construction costs or $53,645, as required. City of Huntington Beach Page 1 of 3 Ponied on 5/12/2021 .."-56. _ File #: 21-370 MEETING DATE: 5/17/2021 Alternative Action(s): Reject all bids and provide staff with alternative direction. Analysis: Three intersections were identified in the 2020/2021 Capital Improvement Program for modifications: Warner Avenue and Graham Street This intersection was identified for the installation of left turn arrows in all four directions as a safety and capacity improvement. The existing left turn arrows operating in the east-west direction on Warner Avenue will be modified as to only allow left turns on a green arrow. A protected-permissive left turn operation will be installed in the north-south direction for Graham Street, Warner Avenue and Nichols Lane The existing conduit and circuitry at this intersection is severely deteriorated and experiences a high frequency of maintenance issues. This project will replace conduits and rewire the intersection. Along with these improvements, the east-west left turn phasing on Warner Avenue will be modified as to only allow left turns on a green arrow. Brookhurst Street and Indianapolis Avenue The existing conduit and circuitry at this intersection is severely deteriorated and experiences a high frequency of maintenance issues. This project will replace conduits and rewire the intersection. In addition, there will be traffic signal head change-outs and safety lighting improvements. A complete set of plans and specifications are available for review at the Public Works counter during normal business hours. Bids were opened on April 20, 2021 and are listed in ascending order: Bidder Submitted Bid 1. Elecnor Belco Electric, Inc. $357,636.00 2. International Line Builders, Inc. $363,945.00 3. DBX, Inc. $372,389.00 4. Alfaro Communications Construction, Inc. $388,150.00 5. California Professional Engineering, Inc. $392,508.00 6. Crosstown Electrical & Data, Inc. $394,782.00 7. Ferreira Construction Co. Inc. $401,838.00 8. Select Electric, Inc. $420,500.00 9. Baker Electric, Inc. $423,057.00 10. Asplundh Construction, LLC $556.600.00 The total estimated cost of this project is $610.200, as outlined below: Bid $357,636 15% Construction Contingency $ 53,645 City Furnished Equipment $163,919 City of Huntington Beach Page 2 of 3 Pnnled on 5/12/2021 po erea7/Legis:ar" File #: 21-370 MEETING DATE: 5/17/2021 Construction Administration/Material Testing $ 35,000 Total $610,200 Staff is requesting that the Director of Public Works be given authorization to approve change orders up to 15 percent of the construction bid on this project. This amount is approximately equal to the typical 10 percent contingency, based on the total of the construction contract and the materials purchased by the City. This authorization will provide the added flexibility needed to complete a typical construction project, yet still be consistent with the intent of the 10 percent limit. 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 3 of 3 Printed on 5/122021 pw ,eosa Legismr— eO s P�F-� °'F� PROJECT N BOLSA AVE. o LOCATIONS < Mc FADDEN AVE. U (N EDINGER Z AVE. -j w N J Z 0 3 F T o 0 ZHEIL � ' , AVE. >- 0 U) J L > < a m WARNER z 0 m AVE. 0 of 0 Q SLATER 0 o AVE. Li m 405 m TALBERT AVErELL 9� PACIFIC �� AVE. GARFIELD - AVE. v� in cn cn `' YORKTOWN AVE. 3 09sT ADAMS AVE. P 0 q�cF INDIANAPOLIS AVE. 0 OCEAN 9/� Z o c m TLANTA a Z = AVE. 2 U VI U W � m w Z HAM LTON AVE. m tiny BANNING AVE. N CITY OF HUNTINGTON BEACH VICINITY MAP ATTACHMENT TRAFFIC SIGNAL MODIFICATIONS 1 59 Emr -J : 3/I47 IaoB I Q�b : y I i I aoa I q a 1ao11 +{JI5j2oal SECTION A NOTICE INVITING SEALED BIDS for the construction of Traffic Signals Modifications at \\ arner : %enue and Graham Street, NN arner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue C.C. No. 1548, 1550 &1625 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 projects 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 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 S20.00 nonrefundable fee if picked up, or payment of a S35.00 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: http://www.huntinetonbeachca.izov/govemment/departments/public 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. A-1 The AGENCY will deduct >% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions ofthe 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. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class A and C-10 at the time of the bid opening. 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 modifying existing three traffic signals. Work includes. but not limited to, installing new traffic signal conductors, conduit, pull boxes, traffic signal cabinets, traffic signal controllers, new traffic signal poles, signal heads, pedestrian heads, Illuminated Street Name Signs (IISNS), luminaires, pedestrian push buttons, bicycle push buttons, constructing new pedestrian ramps, signing/striping and relocating or modifying fiber optic and communications equipment at the following locations: I. Warner Avenue and Graham Street 2. Warner Avenue and Nichols Lane 3. Brookhurst Street and Indianapolis Avenue • The contract shall allow the Contractor 50 working days to complete the contract. • The engineer's estimate of probable construction cost for the work included in the basis of award is S430,000. 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 Moore, Tania From: Christine Gonzalez <cgonzales@scng.com> Sent: Monday, March 22, 2021 10:14 AM To: Moore, Tania Cc: Estanislau, Robin; Esparza, Patty; Switzer, Donna; Janusz, Bill Subject: Re: NISB CC Nos. 1548, 1550 & 1625 Attachments: 114S0561.pdf Cost $1.980.00, pub HB Wave 4/1 , 4/8, 4/15. Same here the smudges will be bullet points. r ILA ra: 1 . Warner Avenue and Graham Street 2. Warner Avenue and Nichols Lane 3. Brookhurst Street and Indianapolis Avenue • The contract shot I allow the Cont ractor 50 wor • The engineer's estimate of probable construct basisof award is $430,000- ,The AGENCY reserves the right to reject any or al I 'take all bids under advisement fora maximum perioc BY ORDER of the CITY_ COUNCIL of the CITY OF H 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 4:40 PM Moore. Tania<fania.Moore!a surfcitc-hh.ore> wrote: Hi Chrissy, Please publish the attached NISB for CC Nos. 1548, 1550 & 1625 on April 1", 81" and 15`h. 2021. Thank %ou! t Tania Moore Deputy City Clerk City Clerk's Office 714-536-5209 tania moore(aDsurfcity-hb.org 2 SECTION A NOTICE INVITING SEALED BIDS for the construction of Traffic Signals Modifications at Warner Avenue and Graham Street,Warner Avenue and Nichols Lane, Brockhurst Street and Indianapolis Avenue C.C. No. 1548, 1550 31625 in the CITY OF HUNTI NGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH,as AGENCY, invites sealed bids for the above stated projects 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 Aprl 120,2021. Due to the COV I D-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 nor- mal 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 ore 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 websife at: http:/twww.huntingtonbeachco.goy/government/dep rtments/public works/Bitls/ Open websife,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 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 Industriol 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 on escrow holder surety of equal value to the retention in accordance with the Provisions of the Public Contract Cade, 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 af- 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 forms in conform. ance with the Instructions to Bidders as determined by the AGENCY. The bid must be ac- componied by a certified check, cashiers check, or bidders bond made Payable to the AGENCY for an amount no less than 10%of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall Pos- sess a State Contractor's License Class A and C-10 of the time of the bid opening. The suc- cessful 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 protect consists primarily of modifying existing three traffic sig- nals.Work includes, but not limited to,installing new traffic signal conductors,conduit,pull boxes, traffic signal cabinets, traffic signal controllers, new traffic signal poles, signal heads. Pedestrian heads, Illuminated Street Name Signs (IISNS), luminaires, Pedestrian Push buttons,bicycle Push buttons,constructing new Pedestrian ramps,signing/striping and relocating or modifying fiber optic and communications equipment at the following loca- tions: 1. Warner Avenue and Graham Street 2. Warner Avenue and Nichols Lane 3. Brookhurst Street and Indianapolis Avenue 381HE The contract shall allow the Contractor 50 working days to complete the contract. 9010ii The engineer's estimate of probable construction cost for the work included in the basis of award is$430,000. The AGENCY reserves the right to reieci 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 29th day of June 2020,by Resolution No.2020-39. Attest: Robin Estonislou CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach Wave April 1,8,15,2021 11450461 Huntington Beach Wave PROOF OF PUBLICATION 1771 S. Lewis Street Anaheim, CA 92805 Legal No. 0011450461 714-796-2209 5190751 HUNTINGTON BEACH, CITY OF CITY CLERK DEPARTMENT 2000 MAIN ST HUNTINGTON BEACH, CA 92648-2763 FILE NO. NISB CC Nos. 1548, 1550 & 1625 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 wit: 04/01/2021, 04/08/2021, 04/1512021 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 .:v.zaL+e 1 SECTION A NOTICE INVITING SEALED BIDS for the construction of Traffic Signals Modifications at Warner Avenue and Graham Street,Warner Avenue and Nichols Lane,Brookhurst Street and Indianapolis Avenue C.C.No.1548,1550&1625 in the CITY OF HU NTI NGTON BEACH PUBLIC NOTICE 15 HEREBY GIVEN that the CITY OF HUNTI NGTON BEACH ,as AGENCY, invites sealed bids for the above stated projects 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 COV ID-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 nor- mal 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 ore available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of o$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: http:#www_huntingtonbeachca,gov[government/deportmentypublic works/Bids/ 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 Code. 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 Moin 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 af- 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 forms in conform- once with the Instructions to Bidders as determined by the AGENCY. The bid must be ac- comoonied by a certified check, cashier's check, or bidder's bond mode Payable to the AGENCY for an amount no less than 10%of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall pos- sess a State Contractor's License Class A and C-10 at the time of the bid opening. The suc- cessful Contractor and his subcontractors will be required to Possess business licenses from the AGENCY. All extension of unit prices will be subject 10 verification by the AGENCY. In case of a variation between the unit price and the extension,the unit Price will govern. Protect Description: The project consists Primarily of modifying existing three traffic sig- nals.Work includes, but not limited to, installing new traffic signal conductors, conduit, Pull boxes, traffic signal cabinets, traffic signal controllers, new traffic signal poles, signal heads, pedestrian heads, Illuminated Street Name Signs OISNS), luminaires, pedestrian Push buttons, bicycle Push buttons, constructing new Pedestrian romps,signi ng/sl ri ping and relocating or modifying fiber optic and communications equipment of the following loco- lionS: 1. Warner Avenue and Graham Street 2. Warner Avenue and Nichols Lane 3. Brookhurst Street and l ndionamlis Avenue • The contract shall allow the Contractor 50 working days to complete the contract. • The engineer's estimate of Probable construction cost for the work included in the basis of award is 5430,000. 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 HUNTINGTON BEACH, CALIFORNIA, the 29th day of June 2020 ,by Resolution No. 2020-39. Attest: Robin Estanislau CITY CLERK OF THE CITY OF HUNTI NGTON BEACH Published Huntington Beach Wave April 1,8,15,2021 11450461 c LPL ILIYI6 2 u ao 1z, �opyr-) 15H$ , ►SSD4 I (�25 ao N � Sn�C�►�1q'C.-S E'laDl �1Gtrllo►�jS �� N AI A - � .— VJ�NE1z� +C1�M ST, al�tlel�f� EVE -� IJ�Ct�f't� (�JE, ►��Kt�v2sTS'f- G111G( zNT.YVt?JMUS AVE . A02W L,20, 2v21 2 :00 pYVL 4f 20171 Ii fm CITY OF HUNTINGTON BEACH PROJECT NAME: Traffic Signal Modifications at Warner/Graham, Warn( CC#: CC 1548, CC 1550 & CC 1625 BID OPENING DATE: 4/20/2021 TIME & LOCATION: 2PM, City Clerk's Office ENGINEER'S ESTIMATE: $430,000.00 BIDS SUBMITTED (AS READ AT OPENING) BIDDER'S NAME FINAL APPARENT BID RANK AMOUNT /Q6)C;92v CoMr+uv/cqT/�S � -1A%) IS0I A PL i,,NDH 10 55u, u 0 . 84K62 EZ eFC77Z I C/aU atv G /ZOSSTtYd� E�.e�rrcrrgL "1 G; �8 s Ecec voR f3FrLGo �LC TCIG ) 3 52, V 3V. F�22���q Cp.VST/rUGT/O.cl � D / E 6�7✓E/�C E�/�EE'/ri�G l L B EL ECT 2/c Z 31R3, y NlAcyo� �LEcTrrrcAL SL C LEST ELEcTKtC INJ SOO.J 56iW/TE'k �'LEcT2tc S/EVENS ��/L/TY PTS 10022019 Version 15 CC1625.xlsx UNSUCCESSFUL BIDS CC Nos. 1548, 1550 & 1625 Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 �714) 536-5227 ♦ NN,%,,%,,.huntingtonbeachca.gov Office of the City Clerk • FV o Robin Estanislau, City Clerk August 9, 2021 Alfaro Communications Construction Inc. DBA ACCI 15614 S. Atlantic Ave. Compton, CA 90221 RE: Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue — CC Nos. 1548, 1550 & 1625 Enclosed please find your original bid bond for CC Nos. 1548, 1550 & 1625 Sincerely, 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 Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue—C.C. Nos. 1548. 1550 & 1625 in the CITY OF HUNTINGTON BEACH April 7, 2021 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) PLAN SHEET 2 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2)working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530. 2) PLAN SHEET 3 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials,with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2)working day notice shall be provided to the Traffic Signal Shop at(714) 536-5530. Addendum 1 — Page 2 3) PLAN SHEET 4 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2) working day notice shall be provided to the Traffic Signal Shop at (714) 536-5630. 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 Traffic Signal Modifications at Warner Avenue and Graham Street,Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue— C.C. Nos. 1548, 1550 & 1625 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) SPECIFICATIONS -SECTION C— PROPOSAL— NOTARY CERTIFICATE Remove and replace sheet entitled "NOTARY CERTIFICATE", page C-10, with page entitled "NOTARY CERTIFICATE Addendum 2". 2) SPECIFICATIONS — SECTION C — PROPOSAL—Bidder's Project History Remove and replace untitled sheet, page C-11,with page entitled "Bidder's Project History - Addendum 2". 3) SPECIFICATIONS —SECTION C—PROPOSAL— Bidder's Critical Staff Remove and replace untitled sheet, page C-12, with page entitled "Bidder's Critical Staff- Addendum 2". This is to acknowledge receipt and review of Addendum Number Two, dated above. Allaro Communications Construction,lnc Haidi Daaili 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 Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue—C.C. Nos. 1548, 1550 & 1625 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) SPECIFICATIONS - SECTION C — PROPOSAL Page C-2 shall be added following Page C-1 and prior to Page C-2.1 This is to acknowledge receipt and review of Addendum Number Three, 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 ONE For Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue—C.C. Nos. 1548, 1550& 1625 in the CITY OF HUNTINGTON BEACH April 7, 2021 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) PLAN SHEET 2 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2)working day notice shall be provided to the Traffic Signal Shop at(714) 536-5530. 2) PLAN SHEET 3 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2)working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530. Addendum 1 — Page 2 3) PLAN SHEET 4 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2)working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530. 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. 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. Altaro Communications Construction,lnt Company Name Signatu of BW Printe8 or yped'Signkurc Subscribed and sworn to before me this_day of 20_ . NOTARY PUBLIC ScG AAI%A-C.j NOTARY SFAI, C-9 California Jurat Certificate A notary public or other omcer conntplstlrg this certificate verifies only the idently a to individual who signed the douartent to which this owlifcate is attached,and not the tnAhUriess,acctaely,or validity of mat domxn@nL y State of Califomla J 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 evict o be the person(s) who appeared before me. MARLA FLORES ROUES *.,Coll La l IN Counry�uMarla Flores Robles /Comm# 2315326/ Exp. 12/12/23726 E.pr.ON +2.2023 OPTIONAL INFORMATION Description of Attached Document The certificate is attached to a document titled/for the purpose of Method of Affiant Identification City of Huntington Beach Proposal (Section C) Prwad to me m lM bash of ubsfaclary evidence: Traffic Signal Modifications Orwmy)ddwaNcatrm )<anerblewaree(as) C.C. No. 1548,1550 B 1625 Odom a wenl is drraaed n notary purrw oe. Page a Entry a Ndary contact Marla Flores Robles containing pages, and dated olm ❑ AR"s)Thurnbpnre(a) Deaalbe: NOTARY CERTIFICATE Addendum 2 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) (Addendum 2 — Issued 4/08/21) C-to Bidder's Project History —Addendum 2 For the purposes of this project,the bidder shall provide project history of similar work, specifically referencing the construction of traffic signal modifications, underground signal conduit,the installation of fiber optic cable for communication and curb ramp installation. 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 Claremont • 207 Harvard Avenue Claremont CA 91711 Name and Address of Public Agency Name and Telephone No. of Project Manager: Vince Ramos. Tel: 909-399-5395 $449 431 80 Traffic Signal Installation,Message Signs,Fiber Optic Cable Work,Sidewalk Work 4/1/2018 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 2. City of Rancho Cucamonga: 10500 Civic Center Dr.,Rancho Cucamonga,CA 91730 Name and Address of Public Agency Name and Telephone No. of Project Manager: Natalie Avila Tel: 909-774-4076 $2,327,205.00 Traffic Signal Modifications,Fiber Optic Work,Potholing,Trenching Conduit work 5/15/2018 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: 3 City of Huntington Beach:2000 Main StreehHuntinglon Beach,CA 92W Name and Address of Public Agency Name and Telephone No. of Project Manager. Joseph Fuentes Tel:714-536-5759 $368,461.50 Traffic Signal Modifications,Installation of Flashing Beacon,Construct Curb Access Ramp. 6/4/2018 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: (Addendum 2—Issued 4108/21) C-11 Bidder's Critical Staff— Addendum 2 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 )amal Aldoaifi Name of proposed Project Manager Telephone No. of proposed Project Manager: 714-240-9272 Traffic Signal Improvements at Gothard &Slater $298872 0 Traffic Signal Installation,Constroa Curb Ramps,inuavation Work 7/24/2020 Project Name & Contract Amount Type of Work Date Completed Traffic Signal Installation at An.ihum iQw� \s.nsi \inci $338.679.40 Traffic Signal Insia11a0on,Concrov Work 211012020 Project Name&Contract Amount Type of Work Date Completed 'traffic Signal Modifications at Newland Street and Hh, $2R9,075 00 Traffic Signal hludJiotions,hher Optic Work 10,1r21020 Project Name & Contract Amount Type of Work Date Completed 2. Name of proposed Superintendent Telephone No. of proposed Superintendent: 3 9 I R606 Alessandro Blvd Traffic Signal&Street Improvement, a6.592.00 I raftic Signal Imtallation,l'aving,Stnpmg Work 4/l/2020 Project Name & Contract Amount Type of Work Date Completed Intelligent I'ransportatwn Sy%tern 5142,6i0(Ni IraBh Signal lnstallation.l'avmg.Ctvh&Guu . Project Name&Contract Amount Type of Work Date Completed t.Alban,(07.31'6804) S S42.254.51 -I raffic Signal `.i, n.anom 11 1,, Il n Project Name&Contract Amount Type of Work Date Completed (Addendum 2—blued VOL421) 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 SHEET on SB 854 http://www.dir.ra.gov/DLSE/Publ icW orks/SB854FactSheet_6.30.14.pdf DIR's Contractor Registration Link—Call (844)522-6734 httpsJ/efil ing.dir.ra.gov/P WCR/ActionServlet?action—displayP W CRegisu,afionForm DIR's Contractor Registration searchable database: https://efiling.dir.c&gov/P WCR/Search.ac6 on 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 rat 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 Communication Construction,Inc Conttaclor 2�0 BY ride Date: PWC Registration#: ...........:::'..:....:..`............................................. C-13 SECTION C PROPOSAL for the construction of Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue C.C. No. 1548, 1550 &1625 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 50 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award,BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will 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 ADDENDUM 3— Issued 4/13/21 Page C-2 ADDED If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Bid Bond in the amount of 10% which said amount is not less than 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 W% ", 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% Sieno _ 21 46 _ 2 _ 21 ( .2 SECTION C PROJECT BID SCHEDULE Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue C.C. No. 1548, 1550 &1625 BID ITEMS rohtCocf Quantity Unit 'Unit Cost, 1 Mobilization 1 LS 2 Traffic Control 1 LS S—4-0-'V4, S 3 Preparation of Project Specific Storm 1 LS S l@Wk $ 1 a00j, Water Pollution Prevention Plan(SWPPP) 4 Installation and Maintenance of BMP's per 1 LS S kbO $ \ram/ the approved S W PPP 5 Traffic Signal Modification at Warner I LS $ 0-31oo� Avenue and Graham Street 6 Traffic Signal Modification at Warner 1 LS $ I0 do O S Avenue and Nichols Lane IQ&420- 7 Traffic Signal :Modification at Brookhurst 1 LS S Street and Indianapolis Avenue 8 As-Built Plans I I'S S S 6� TOTAL BED AMOUNT TOTAL BID AMOUNT WORDS: n 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-2.1 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. Slate Class Dollar % of Item(s) License Amount Contract Number 6i"-) 2- 0 'AX-) E s >rccl R�ao1 (oOd,, co 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 he 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 4/20/21 at 4¢0/2021.Compton,CA 11� Dare City State 14t".e o ALM✓D being first duly sworn, deposes and says that he or she is rec /;I&-t 1 of Maio Communications Construction,ln, the party making the foregoing bid thaf 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. Alfaro Communications Cons ction,lnc Name of Bi Signa / der 15614 S.Atlantic Avenue,Compton,CA 90221 Addmas of Bidder G{ UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH,CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract,known as the Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue —C.C. No. 1545, 1550 & 1625, (Ixwe)(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 R, 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-OS1IA requirements. The undersigned further promises and agrees that the provisions herein shall be and arc 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,Inc Contractor By 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 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. Alfaro Communications Co struction,Inc Contractor ja By Title Date: cT BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Alfaro Communications Construction,lnc Bidda Nave 15614 S.Atlantic Avenuc , Business A&bmw Complun,CA IA1221 ^JM CKY, S1aa ( 310 \ 669-8949 Tekpholne Number 91272; 1:1a�s:A,C7,CI0,C27 Sums:Canuactues I f0talae No.and C1= 3/20/2008 OngaW Date Gated is 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: I iugo Alfuo:Prestdmtjreosurer Mayra Martinez:V.President,seaetary C-8 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 ofthis 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 as such classes are now or may hereafter be defined in the Insurance Laws of the,State of California. THUS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation ofanv,afthe 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 23`d day of August, 2016, I have hereunto set my hand and caused my official seal to be affaed this 13'd day of August, 2016 Dave Jones Imure.C.wiaur By Carol Fmir 410 for Joel I-aucher ChtefDrpury NOTICE: Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after Issuance of this Certificate of Authority. Failure to do so 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. 'SAIA Document A310TM - 2010 Bid Bond Bid Bond NO:NlA CONTRACTOR: SURETY: iAfan+e. legal status and address) (.Nmae, legal starts and principal place Alfaro Communications Construction, Inc. of lurriness)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 stants and address) respect to its completion or . modification. City of Huntington Beach 200 Main Street Any singular reference to -Huntington Beach, CA 92648 Contractor,Surety.urety,Ownn er or BOND AMOUNT: Ten Percent of theTotal Amount Bid(10%of Bid Amount) other party shall oe considered plural where applicable. PROJECT: (A'ame, location tit address,anrd Project number, ifanly .. Traffic Signal Modifications at Warner Avenue and Graham Street, Project Number,Warty: 1548, 1550, 1625 Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue 'Pile Contractor.and Suretv 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,adm inistrntars,successors and assigns,jointly and < severally.as provided herein:The conditions of this Bond are such thin 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 givcs,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 Owlier, for the faithful performance of such Contract and for the prompt pavmcnt of labor and material furnished in the prosecution thereof,or 12)pays to the Owner the ., difTeirence,not to exceed"the amoU nt of this Bond,between the amount specified in said bid and such larger amount Far 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 fitll force and effect.The Surety hereby waives any notice of an agreement between die 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 acccpamce 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 this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. N'hell 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 deemed incorporated herein. When so 'furnished,the intent is that this Bond shall be construed as a st:ltulury bond and not as a cormnon law bond. Sig ed and sealed this 7th day of April 2021 Alfaro Communi lions Construction,Inc. .. .. .. . _ (Princip 1 (.Seal) (•rule) — — Endurance As ce Cor _ r n (Sure (Seal) (l'irle) Yung ullick, Attorney-in-Fact Init. AIA Document A110^-2010.Copyrfght O 1963.1970 and 2010 by The American Institute or AtchAects.All rights reserved.WARNING:This AIA' Document is protected by U.S.Copyright Law and International Treaties.Unnuthm¢ad raprodumion or distrlb.ion of this AW Doccnnnt,or any portion of it,may result in assets civil and criminal penalties.and will be prosecuted to the maximum extent possible under the law.This t document waa created on 01n712012 07:23.12 under the terms of AIA DoCumbnlson-Demand^'order no. 20OB397483.and is not for resole.This document is licensed by 7he Ameown Inselule of Arehietse for one"Oran use only.one may not be moroducsd brcn to its..ter m.mom 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 Insen Name of Notary exactly as it appears on the official seal personally appeared Yung T. Mullick 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 IRENE LuoNG person(s), or the entity upon behalf of which the person(s) i NotaryPuhlic-California > acted, executed the instrument. Orange County f Comm.Expiroi s2ul2 69 .2 1 certify under PENALTY OF PERJURY under the laws of May Comm.Expires Jul P.2021 J fly ®a the State of t. Califprnia that the foregoing paragraph is true and correct. r/ Witness my hard d official seal. Signature Place Notary Seal Above Sign Ituro of No ary Pudic Iren r 1.1 OPTIONAL k__� 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 —Ttle(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee • ❑ Trustee • ❑ Guardian or Conservator Top 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 Altorney(s)-In-Fact to make,execute,seal,and deliver fo(,and on its behalf as surety or co-surely;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(E10,000,000.00). Such bonds and undertakings for said purposes,when duty executed by said attorneys)-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 attested by its 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'r 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 whiten 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 allorney 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 affixed this 15° day of June,2019. End ranee Assurance Corporatiop� Endurance American ///��� Lexon Insurance Company Bond Safeguard By. ' By In ura c pyry B /✓//�(`'y/^7�^�',�'�IJj BAd'�A" n ura cP'Coprpa +{J/ ) . 2 , . /KJlMy! yh y `I�'/1!1 h Richard Appel;^$1LR&J5enior Counsel Richard Appel(„SYP-B.scnior Counsel Ric and Appel; Seni ou set Rippels.5VP 8. emo ou el �•5 5t-----o W, t f......&I m oRPORIi�.Co `�c?.°Rvoa.°r °; q..?k% 'i SEAL ':°i- SEAL DN orA ';o'- 2002 %P' S�', 1996 * SEAL iJ1;DElAWARE,%j j i ;°EIAWAHE,AD �'YM 4� ♦ Jb,,CONPnNY Ir- ........ •„„... .ACKNOWLEDGEMENT as<! °'a,�,�„vw`• On this 15° day of June,2019,before me,personally came the above signatories known to me,who being duty sworn,did depose and say that hetttley "' foifjcer of each of the Companies;and that he executed said instrument on behalf of each Company by authority of his)ounder th1bys of each Company: yat 'Byylor,Noik My Commission Expires 5/923. CERTIFICATE I,the undersigned Officer of each Company,DO HEREBY CERTIFY that: 'off 1. That the original power of attorney of which the foregoing is a copy was duty 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 atlOmey and of the whole thereof, 2. The following are resolutions whim were adapted by the sole shareholder of each Company by unamllous written 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 attomeys+n-fact 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 true 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: Dante S. ne, a retary NOTICE: U.S.TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL IOFACI No coverage is provided by this Notice nor ran it be construed to replace any provisions of any surety bond or other surety coverage provideo. This Notice pmviaes information conceming 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 polity, based on Presidential dedarabons of'nanoal emergency'. OFAC has identified and listen numerous foreign agents,front organizations,lenonsts,lorminst organizations,and narcotics traffickers as'Specially Designated Nationals and Blocked Persons'. This list can be located on the United States Treasury's website-htim7l vww.treasury.aov/rewuroe.centerlsanaions/SDN-List. In accordance with OFAC regulations,it it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S.sanctions law or is a Specially Designated National and Blocked Person,as identified by OFAC,any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately subject to OFAC. When a surety bond of other form of surety coverage is considered to be sun a Mocked or frozen commM,no payments car premium refunds may par made without authorization from OFAC. Other limitations on the premums and payments may also apply. Any reproductions are void. Surety Claims Submission:LexonClalmAdministration�sumw.ind.comcom Telephone:615-553-9500 Mailing Address:Scraper International;12890 Lebanon Road;Mount Juliet,TN 37122-2870 Altaro Communications Construction Inc. DBA ACCI 15614 S.Atlantic Ave Com pion CA, 90221 "SEALED BID" A xtma-� rottne Traffic Signals Modifications at Warner Avenue and Graham Street,Warner Avenue and Nichols Lane,Brookhurst Street and Indianapolis Avenue `— C.C.No-1543,1550 S 1625 in the CITY OF I IUNTINGTON BEACH-DO NOT OI'RN WITII REGULAR 11AII, UELIVf:R TO T![[OFFICE OF THIi CITY CLERK,Z000 AL1[N SiREE'I',StiCOND FLOOR ' City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ %NiNriv.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk August 9, 2021 Asplundh Construction 1428 North Lemon Street Anaheim, CA 92801 RE: Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue — CC Nos. 1548, 1550 & 1625 Enclosed please find your original bid bond for CC Nos. 1548, 1550 & 1625. Sincerely, Q4l & 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 Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue -C.C. Nos. 1548, 1550 & 1625 in the CITY OF HUNTINGTON BEACH April 7, 2021 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) PLAN SHEET 2 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2)working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530. 2) PLAN SHEET 3 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2)working day notice shall be provided to the Traffic Signal Shop at (714) 536.5530. Addendum 1 — Page 2 3) PLAN SHEET 4 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2) working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530. This is to acknowledge receipt and review of Addendum Number QnV, dated above. Co any Name By 4-� ZG21 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 Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue- C.C. Nos. 1548, 1550 & 1625 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) SPECIFICATIONS - SECTION C - PROPOSAL- NOTARY CERTIFICATE Remove and replace sheet entitled "NOTARY CERTIFICATE", page C-10, with page entitled "NOTARY CERTIFICATE Addendum 2". 2) SPECIFICATIONS - SECTION C - PROPOSAL - Bidder's Project History Remove and replace untitled sheet, page C-11, with page entitled "Bidder's Project History - Addendum 2". 3) SPECIFICATIONS - SECTION C - PROPOSAL - Bidder's Critical Staff Remove and replace untitled sheet, page C-12, with page entitled "Bidder's Critical Staff - Addendum 2". This is to acknowledge receipt and review of Addendum Nu ber Two, dated above. Company Name By � - 2�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 Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue - C.C. Nos. 1548, 1550 & 1625 in the CITY OF HUNTINGTON BEACH April 13, 2021 Notice To All Bidders Please note the following clanficahon to the Project Plans, Specifications, and Special Provisions: 1) SPECIFICATIONS - SECTION C - PROPOSAL Page C-2 shall be added following Page C-1 and prior to Page C-2.1 This is to acknowledge receipt and review of Addendum Number Three, dated above. LLC � ���;t)VL Com any Name ffy 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 Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue C.C. No. 1548, 1550 &1625 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 50 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will re-advertise the project. In the case of discrepancies in the amounts bid, unit prices shall govem over extended amounts, and words shall govern over figures. C-1 ADDENDUM 3— Issued 4/13/21 Page C-2 ADDED 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/ �optio'n. be considered null and void. Accompanying this proposal of bid, find �L Ay c 7 Q �,v u\\ in the amount of which said amount is not less d= 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 Na Date Received Bidder'..Signature Ct 2023 r& LA A 20 kL �u Zoz C-2 SECTION C PROJECT BID SCHEDULE Traffic Signals Modifications at Warner Avenue and Graham Street,Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue C.C. No. 1548, 1550&1625 BID ITEMS IR nZ I Mobilization I IS $ O 000 S 10.0 COO 2 Traffic Control I LS $ CCA Vs4vuo 3 Preparation of Project Specific Storm I LS $ $ 2,S0o Water Pollution Prevention Plan(SWPPP) 4 Installation and Maintenance of BMP's per I LS $3 opp $3 C 00 the approved SWPPP 5 Traffic Signal Modification at Warner I LS S t to S Up S lH b S o 0 Avenue and Graham Street 6 Traffic Signal Modification at Warner I LS S L% 0DL S 12 u0o Avenue and Nichols Lane 7 Traffic Signal Modification at Brookhurst I LS $ W $ (00 Street and Indianapolis Avenue 8 As-Built Plans 1 LS S 2,Svy $ So TOTAL BED AMOUNT $ SS(o, (<[iy C J TOTAL BIDAMOUNT IN WORDS: I 1 i 11 1 �tVt V�.,hC1�a J CJ, 4\—S\X �.v \Ctv\!h C1�C ^uhU\f`a tl -OLIAti �.`'\G` 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 right to reject any or all proposals and bid items. C-2.1 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 Nance and Address of Subcontractor: " State : Class Dollar. -- .%of Item(s) Lkense.- Amount 'contract Number'. L•L � • �-31 CA C n q Pa��,etl \,��SrUWY� 61 p�q.�q L �s S� w -+ a rww�ali 1St`3�t Q IC 5`N C O 1� +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 yj*,at , h.)fW yCrk ate City State rhn M(,C'�Jnaj� , being first duly sworn, deposes and says that he or she is i of�1 �Y�(w_-buC tcn L LC the party making the foregoing bid that the bid is not ade 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. 'tru ame o idde ure Bidder ',\\ 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 Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue— C.C. No. 1548, 1550 & 1625, (IXweXit) will employ and utilize only qualified persons, as hereinafter defined, to work in proxindty 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. rdh (cY Jln)C1-Xf, L(—G Contract Title Date: a i -s DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 10162, the Bidder shall complete, under penalty of pequry, 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? Cl 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. Contractor Title Date: t a1 a7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: A50A Its CvKh1hIlovl, UL Bid er Name 1 A 1�-1�1 \ DUIf� AA RV-1 Business Address City, State Zip c Zt q Telephone Number IU' �s02 State Contractor's Uccnse No. and Class Original Date Issued 1- 3� - 2c21 Expiration Date C The work site was inspected by n%,Ll `01, of our office on LA S 20 i i The following are persons, firms, and corporations having a principal interest in this proposal: C-a 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.l. Macsisak Assistant Secretary Nickkia S. Sellers Assistant Secretary Gregory E. Staton Asst. 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-2019 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. h - o L Company Name Signature of lidder 1 Printed or Typed Signature Subscribed and sworn to before me this j 2 day of 1 _, 20 a 1 SUSAN LYNN LATTUCA Notary Public. State of New York Registration 001 LA6360996 Qualified In Suffolk County ^ Commission Expires July 3, 2021 NOTARY PUBLIC Edr4' L NOTARYSEAL C-9 NOTARY CERTIFICATE Addendum 2 Subscribed and sworn to before me this L day of A Pr I i 20-� 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 (_ ) County of On 1} before me, 3u S(.o L Lai-tt,Gi-A Mondh, D y, and Year Insert Nfime and Title of Notary personally appeared (I(-(,I -la 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. SUSAN LYNN LATTUCA WITNESS my hand and official seal. Notary Public. State of New York Registration#01 LA6360996 Qualified In Suffolk County Commission Expires July 3. 2021 Signature 1�� �T °Signature of Notary Public (PLACE NOTARY SEAL ABOVE) (Addendum 2 — Issued 4/08/21) C-10 Bidder's Project History — Addendum 2 For the purposes of this project, the bidder shall provide project history of similar work,specifically referencing the construction of traffic signal modifications, underground signal conduit, the installation of fiber optic cable for communication and curb ramp installation. 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: 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: (Addendum 2—Issued 4/08/21) C-I1 Job Reference Completed i 0Proen Awordd Award Date Derv) tbb Canton Am mt Final Amount Completed Client Name Contact Person City of Any Mlm 201 South Tim Eke. UDeS7PMse1 5 9,499,130.50 $ 9,901,873.M 6/22/20IA AraMim BNd 714J66 4 207 Anaheim Ca tbau]@.-Mim,net 92M 01,of Anaheim 201 South tenantry Greanev UDA 57PMv2 S 1),158,908.2) 5 18,07,25742 11/6/2015 Aneraim BNd 714465 133 An•Mim Ca Igreaney@ana Mim.net 93805 City of An.Mim 201 Unit' Mary,ti U0.60 5 6.577,72I05 $ 5,939,72A 91 V15/2015 Anaheim BNd 714-M-4133 Anaheim Ca mg@anaMim.nt 92805 CN.rh.ad Insuliatbn for Cry of RNenbe liaison Carderur 951 Puta Substation $ 1,011360A0 $ 1.061.210.00 8/30/2017 M11 Ad.m 8265937 Street Rw.uWe @wh ASA 14rduuy@riversW¢.. Ca 9150a Conversion gw Oty of Anaheim 525-5I16771 201 South Vlnh Lan UD062 PIuu2 9M215O)OaA-03 5/19/2015 5 16.9)),2)].00 $ 15.1111 6/30/2018 Anaheim BhW 714]65a273 Anaheim Ca vtr.n@.reh.m.ner 92WS CLLY of Ana"'on 201 South Ted Mal EI 5 2,967,000.00 $ 7,983,974.00 9/w/2018 Anaheim BNd 714-7654123 Anaheim Ca tmal20aoaMim.net 91805 01,of Newrdort Miola.l$inacpn UM.ryrouno U[WLy Ars.am.nt $ 2,167,975.00 S 2,]OA451 a8 2/20/2020 1W Civic Center 949fi44-33II Dist ict No.ll) Drn.Newport w[arl@rowlronM. 692W c d..Ba+ Magnolia Av.ntte City of RiyerrW. liaison Carden.,951 add Mark.,Fiber Optic Signal 5 2.244,SM M $ 2.159,639,70 9/4/2019 1911 Adam 82r.S937 Interconnect $Inir RN.nb. ICaNems@mersWeca. Prgect Ca 92504 gw 01,of RNerrW. Julian Card.nac95tr Magmlu Av. 3911 Adam 826-S931 Phas.2 $ 1,)OB,a89.00 $ 1,881,31109 11/5/2019 Street RNenO. 1Cardenas@riversideu, Dt 925041 gw In progress Type,of Pro ea Decal tlm Contract Amount Started Client Name Conran Person @v of Anaham MI South lawn Rgbrara Pd inum Triangle 5 17,197,177.00 On Gdry Ana Mim BNd 714J6SA6S9 ANMIm Ca, yilbnn@areine—not 92805 UM.grouM OvarM.d Cy of Newport Micni Sia[on WIN,M.nmAm UMegraund 5 3,813,399.61 On Goiry Orl rMCwrc Can,., 4c96AAd3a2 Corner No.116 urd.1.1 e Newport mrW<oni@newponMa 4 9266o cM.. w UM.ryrouMin{ 12KV Distribution 5ytbrtu, Gly of Ana Mlm U 4 EM Streefthts 101Sown+ DavW ANu unkl .x 562- Da54 EUt1W Insylluion,ank. 5 li,a99,99999 Ob/1038-On Gdn{ ANMIm HN 810.3393 St ewer n,arW Anaheim Ca dabaret@ana Mim.mt 93005 nmwd of w.rM.d fait und.nrwmi, 12KV Dernbutlun UM.rgr.M Systemr, Cmv of N.woon Michael Slnacorl utility Aueument Areenlghtz 100 CNk Censor 9A9-6AA-33A2 Dlarice.111 UUAO ]8331 5/19/2020 imtaNtbn,service 5 6,9697)]J9 On Coin{ Dmv.Newpon mmamn@newportMe a22 PMre1 orw.rsion,aM Ca 92660 cf<a.Iw maul of w.me.d f aidias 121V Ocunbmion City of Undm,ouM SYaterm, Manhettan left FwIka(310)W2. Wifit,Araeument st..tbghb $ 3,998,09 Cw 0A0 On ing Beach 1.00 53S8 Dinrr;.4 Lro'..tlon•n aM Ma• N+ nMeonW IfiialAa@mrmIdInfo conremoval el Beach.CA 90266 overreact facildnes Bidder's Critical Staff-Addendum 2 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. Vc00V61 L Name of proposed Project Manager t Telephone No. of proposed Project Manager: S��) 2—of — p lq—(U 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. J>VNIl ' rMt+, Name of proposed Superintendent 1 ` Telephone No. of proposed Superintendent: byt—l) ylk(L 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 (Addendum 2 —Issued 4/08/21) 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 SHEET on SB 854 http://www.dir.mgov/DLSE/PublicWorks/SB854FactShoet-6.30.14.pdf DIR's Contractor Registration Link—Call (844)522-6734 https://efiling.dir.ca.gov/P WCR/ActionServiet?action=displayP W CRegistrationForm DIR's Contractor Registration searchable database: https://efiling.dir.c-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." 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. , P c , C�trac _ B Title Date: Lk PWC Registration #: ...�� , ..A ............................... C-13 No. 6516 STA VI; OR CALI FORM A DEPARIA11 ENT OF INSURANCE SVrN FRANCISCO Amended Certificate of Authority THIS IS I'(1 CP.R I"W' , Thar,purora..I to the Innrronre(.'ode uj dr,:.STnra of Califrrnri;r, 7ravinters Carunlp:anrl.Surmp Cnurpmq•aJ:I uraricn of I/urrrnrJ. Comircricm. rigrrni_erl muter the!errs of Cormecar in. wbiert to its:I rriele.r of lurwyoratirm ar otherfiantamewal orgeeni_arxonal dormllealc• is hmvlm raahn,i-ca'In trnnsar!Within this Jurtr..udroect to 111 for"isiuna of dris Cc)iificf,w, rhr.follou'hig clru.ses file'in,v,wa u'c' Fite,A'hwhiv,Surcis', Ulso,bilih', Plac Glass,Liabllih'.Workers' Cornpelmutinn. Common CMJe t'Linbilily, Boiler:fit(] Machincry, 13111'913ry,Credil,Sprinkler, Team omd Vrh eIP,,Au l nn,aII ile,Aire ra(I, and 6lisrr11mneans rtt drr('h ch"Ir.f;ire now ar mav 11et T:dfr'r?!'ha defined In the hisio mile L(nrs ell III(',Stitt::of!•!!lilal',llu. TI I IS C ER f I1:J(-ATI: is e.)p,"sil•('om6linned upon the LaMar hereof nu to and hereafier Leung ur frdl e niplionce ,ride all. and tine is violation of moo•, of now applirrtble!ruts unri Irrnf el rarluirrur:'ne:merle uud:•r roultarin•o/'r/te..lairs 0 the.Sane ofCcrlifnrairr'm long as such laces or rrarriremem r are in rtlJerr III t/o(gn/iarhle, and its Stich!.nos and reyninements not, rare. or nay hereryter he,Lamed ar amender!. IN \I'ITNI",S 11'HIiRB0F, effective ;rs e)J the l.st 1,11: of.iirlr, lr%J', / have he:rtmto set my hand and caused am nJJirial saol to ba uffixcd this 1lith dew(g Jtore, 1997. Fee i92.00 Chuck Qu.wke ibush I c;uunvc('nmmnsem:r Rev. No. Piled 5/28,97 IJr I'iciorio S. .1'i,1hint 'Mpvir Certifiruriurt 1, the mtdutsiguarl htsu''anca Commissioner of the ,SYeic•of CahJa nett. in henrbr c,e,vilr'hill /have "mupi u'ed rha above t'opr of C.}riificnfe nf'AillhoritY r,•idr the duplinur.�nrigurrrl no,,on fide is ,If off ire, flood i/rur 'he snna' is of Jidl. trace and vw•rerl a'au.sm'ill thence!', urd ,,!the ,,hole of suicl Juplirnle, and srri./ Cw til•hvle af.hallorirl'it nwv in frill finer,and.:ij'an. IN WITNESS WHEREOF,1 hare,hrrriunn set my hand and cone'l rip•ollicial seal to be,rffi.t'ed ihi,c list dqt'of Ucccomhur, 2007. .Steve Povucr Lam•... c('nnmr.:ilnu.e too 0"" Pinhole 1)'.buh'cc. 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 Travelers Casualty an(ISuretvComnanvofAmerica 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 ofwhich 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 Traffic Signals,at Warner Avenue and Graham Street,Warner Avenue and Nichols Lane and at Broo hurst Contract for Street and Indianapolis Avenue-C C. Nos 1548. 1550 8 1625 ("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 12th day of April 2021 ASPLU H CON TRUCTION, LLC (Principal) By: �/ el rs Casu:dq•and Stile v<o rp:urvo lnierica By: Patricia A. Rambo , Attorney-in-Fact Travelers Casualty and Surety Company of America A1111111111111, 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. .W x2---444 //€ CWA State of Connecticut City of Hartford ss. Robert L. Raney,Sehfor 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 Surety 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. elox My Commission expires the 30th day of June, 2021 ManetreauIt,Notary Public 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 farce and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chaimlan, 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 fled 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 12TH day of APRIL 2021 at Mq.. 1 'HaFfFORD. COplrl. f Kevin E. Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-fad 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 ( �l 1 , j rL U County of On `f 11 :3 before me, 206W I(-; ITA H1 '(_c1 Notary Public, personally appeared 0)t I-T'i)IY/ rt)/A'Q >it huho proved to me on the basis of satisfactory evidence to be the person(s) why ose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatures_[/_1.'1/1J) tit/ lIlil f'lL Signature 6fNotary Public SUSAN LYNN LATTUCA Notary Public. State of New York Registration #01LA6360996 Qualified In Suffolk County Commission Expires July 3, 2021 CALIFOfZNIA ALL-`PURPO SE. ACKNOWLEDGNfENT` yr 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 validity ofthat document. State of New Jersey County of Camden On ` a1 10 Y before me, Lori S. Shelton. Notary public, personally appcareJ 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 acknowledged to me that he/she/they executed the same in his/hcr/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 NEW JERSEY that the foregoing paragraph is true and LORI S. SHELTON correct. NOTARY PUBLIC OF NEW JERSEY Comm. # 50W-039 \VITNESS my hand and official seal. My Commission Exoiras 0112022 Signature l� tgnautre of Notary Public l� \til'LlitiDFI CONSTRUCTION MARTIN MOR" ` nCGUry x�rvnG[11 vfyJ arch► C"Ire��Gt'Y) '�)n►aAA jk�mvv.a_.r_ l�v w;,:� a tic hats Lavi-L 1 I ookl.,�v c� S u•E ;phNpo�;S Avg . C�, 1sy�, ISSo, 142r � : ;'�i - l�ur�, stach—� 1JovoP� MV 4 � ' "Q"v Mail I � 20o Maur 2 00>- City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ Nrivxv.huntingtonbeachca.gov %-�- - Office of the City Clerk f° n.uoe.• Robin Estanislau, City Clerk August 9, 2021 Baker Electric, Inc. 1298 Pacific Oaks Place Escondido, CA 92029 RE: Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue — CC Nos. 1548, 1550 & 1625 Enclosed please find your original bid bond for CC Nos. 1548, 1550 & 1625. Sincerely, 9'4�Q4� 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 Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue—C.C. Nos. 1548, 1550 & 1625 in the CITY OF HUNTINGTON BEACH April 7, 2021 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) PLAN SHEET 2 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2) working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530. 2) PLAN SHEET 3 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2)working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530. Addendum 1 — Page 2 3) PLAN SHEET 4 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2) working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530. This is to acknowledge receipt and review of Addendum Number O e, dated abo Baker Electric. Inc. Company Name By April 9 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 Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue—C.C. Nos. 1548, 1550 & 1625 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) SPECIFICATIONS -SECTION C— PROPOSAL— NOTARY CERTIFICATE Remove and replace sheet entitled "NOTARY CERTIFICATE", page C-10, with page entitled "NOTARY CERTIFICATE Addendum 2". 2) SPECIFICATIONS —SECTION C—PROPOSAL— Bidder's Project History Remove and replace untitled sheet, page C-11,with page entitled "Bidder's Project History - Addendum 2". 3) SPECIFICATIONS —SECTION C— PROPOSAL— Bidder's Critical Staff Remove and replace untitled sheet, page C-12, with page entitled "Bidder's Critical Staff- Addendum 2". This is to acknowledge receipt and review of Addendum Number wo, dated ab Baker Electric, Inc. Company Name By April �C.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. NOTARY CERTIFICATE Addendum 2 Subscribed and sworn to before me this L day of f ( [ ,200'1 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 (t, II A/-t W ) County of D/ G ) On k4 � Q a / before me, 06 W Pja gAm en Month, Day, and Year Insert Name and Title of Notary personally appeared �e 17L 1lnPn r A Name(s) of Si r(s) who proved to me on the basis of satisfactory evidence to he the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OAMA PASWASCN Not&V Public-CAhfom4 01ty San DWV CountyCommission 1 2325320 Comm.Eaplr"Apr 22.2024 Signature G� ~ Signature of Notary Public (PLACE NOTARY SEAL ABOVE) (Addendum 2 — Issued 4/08/21) ato Bidder's Project History — Addendum 2 For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the constriction of traffic signal modifications, underground signal conduit, the installation of fiber optic cable for communication and curb ramp installation. Bidders are encouraged to submit supplemental relevant project history in addition to the projects listed herein. Listed below arc the names. address and telephone numbers for three public agencies for which the bidder has performed similar work within the past five years: 1. San Diego Gas & Electric 8315 Century Park Court San Diego CA 92123 Name and Address of Public Agency Name and Telephone No. of Project Manager: Tim Belmont (619) 819-4355 S1,264,508.00 Department of Homeland Security lighting upgrade 01/2017 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Customs and border protection facility lighting upgrades to new interior and exterior LED lights and lighting controls in four sites within the region 2. RA Burch Construction 405 Maple St Ramona CA 92065 (work completed for MCAS Miramar Military base) Name and Address of Public Agency Name and Telephone No. of Project Manager: Lon Hurd (760) 788-0800 S2 500.000.00 P249 F35 Esoc sitework 04/2020 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Street work connection into several existing buildings and existing communications duct bank manholes along the new duct bank 3. San Bernardino Airport Authority 1601 E 3rd St #100 San Bernardino CA 92408 Namc and Address of Public Agency Name and Telephone No. of Project Manager: Jim Harris (909) 382-4106 $1 105 433 00 Hanger 763 lighting improvements 2018 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Project included demolition and removal of existing High Bay fixtures new conduit and wirino new lighting control panels (Addendum 2— Issued 4/08/21) C-II Bidder's Project History — Addendum 2 For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of traffic signal modifications, underground signal conduit, the installation of fiber optic cable for communication and curb ramp installation. 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. San Diego Unified School District 4860 Ruffner San Diego CA 92111 Name and Address of Public Agency Name and Telephone No. of Project Manager: Christopher Palis (858) 627-7171 Not to exceed S3,000,000.00 annually-3yr contract Lighting retrofits and upgrades 2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Project covered the furnishing installbon and retrofit of LED lighting on elementary middle and high school campuses. Replacemenuinstalltion of LED troffer fixtures installation of wall mounted LED bugeve light replacement of LED sudacelpeWant mount fixtures,etc. 2. Honeywell 13745 Danielson St., Poway CA 92064 (work completed for Caltrans) Name and Address of Public Agency Name and Telephone No. of Project Manager: Steve Ferguson (858)694-6201 $1 487 590 00 Lighting retrofits and upgrades 2018 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Retrofit fluorescent incandescent and other lighting findures around Caltrans owned buildings. Installation of motion detectors lighting control daylight harvesting and zoning 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: (Addendum 2 — Issued 4/08/21) C-11 Bidder's Critical Staff— Addendum 2 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. c� ( 4-ttz Name of proposed Project Manager Telephone No. of proposed Project Manager: QyAIn2J FI-J .L75 Project Name & Contract Amount Type of Work Date Completed Sa,✓ ,n t AWLS-b-ew� *Zboti leA44c t Co�.n.ti''}• UP Project Name & Contract Amount Type of Work Date Completed Vin ,-a- - FD rii ! `� 11 ' C'�A�t p r/ gr�Jc �v� S'f'Wrlr Q' t4i Pro ect Name & Contract Amount Type of Work Date Completed 2. [)SAP¢- V' tlAti✓01^- Name of proposed Superintendent Telephone No. of proposed Superintendent: 1 tool 770— 3ew 3a LCS &e tc f I�aGT �i�L M1S try U orl Protect Name & Contract Amount Type of Work er Date Completed k-1 O,A-A k17TH 13p-&,Lk I/.CL,�S,S'✓�� �P( l.aJti C- W✓ /W-e.t�._ �� Project Name & Contract Amount Type of Work I Date Completed // 435m C� o-f L�>S.AFL�S �pgrAd.c S.�A,r(r l�.t/ Project Name & Contract Amount Type of Work Date Completed (Addendum 2 — Issued 4/08/21) C-12 City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE For Traffic Signal Modifications at Warner Avenue and Graham Street,Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue—C.C. Nos. 1548, 1550& 1625 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) SPECIFICATIONS - SECTION C— PROPOSAL Page C-2 shall be added following Page C-1 and prior to Page C-2.1 This is to acknowledge receipt and review of Addendum Number Thtee, dated ove. Baker Electric. Inc. Company Name By _ April tq .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. ADDENDUI 13 — Issued 4/13/21 Pugs C-2 ADDED 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 BIDDI?R, 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 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Scaled Bids, payable to the AGENCY. (please insert the words "Cash", "Certified Check". or "Bidder's Bond for_% ", as the case may be) Any standard Surcty Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: Adrlenrla No. Darr Receiver/ Ridd ! nan e 1 04/12/2021 2 04/12/2021 3 04/15/2021 C-2 SECTION C PROJECT BID SCHEDULE Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue C.C. No. 1548, 1550 &1625 BID ITEMS ltema I Y 1t r e �v Cad a t r a zp ki r F n?As S �s�: txki:4 avY QUantlty 'UU14M��mt(,O7t YtCnsl0Tn 1 Mobilization 1 LS $2�o.DO $ 2 Traffic Control I LS $q 31A.co $`t, Sao.by 3 Preparation of Project Specific Storm I LS SUS- . w $3,0'l . Do Water Pollution Prevention Plan (SWPPP) 4 Installation and Maintenance of BMP's per I LS $�9( •OD $4,Rot -oD the approved SWPPP 5 Traffic Signal Modification at Warner I LS suE 556. $ u Avenue and Graham Street 6 Traffic Signal Modification at Warner I LS $J A,aV Avenue and Nichols Lane Traffic Signal Modification at Brookhurst 1 LS $ $158. m Street and Indianapolis Avenue 8 As-Built Plans I LS S_j on $ w LX) TOTAL BID AMOUNT nin . uo 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. C-2.1 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 Ndme mId Address ojSubconlrpctor; fE Sid lc" q 'Class" Da utauttt yPr be0tract: 59,6 u-1 p,,u2 q Q C)O.. D. CA 9 5 MP- C.,I i`v�C b\'F 5\5 z�S2/m CA, 12_% -\ tr, l 'S' V\Lw VaJew\evA fluvfc.v��S C32 5°-5•arr, n 53\Z �v SA-iCUSS , 6tt 03 0 CSi 1\5,laU-WOtt0 - 0,W5o 2 - 2(D 1, 2 's' 1�C5 Qvav✓y See\ ,LVYAck, OA 12 OC) to 2_U rZ2S s 10 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 BV 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 onc!UAq , at Escondido SA Date City State Keith Fleming , being first duly sworn, deposes and says that he or she is Vice President of Baker 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, organisation, 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, organir-ation, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Baker Electric Inc Name of Bidder Signature of kider 1298 Pacific Oaks Place Escondido CA 92029 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 Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue — C.C. No. 1548, 1550 & 1625, (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. Baker Electric Inc. Contractor By Vice President Title Date:_ pril R .2o21 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 E3 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. Baker Electric Inc Contractor By Vice President Title Date: April I°l 2021 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Baker Electric Inc Bidder Name 1298 Pacific Oaks Place Business Address Escondido CA 9202e City, State Zip ( 760 ) 745-2001 Telephone Number 161756 C1 0/C46/B /C7/A State Contractor's License No. and Class 07/01/1955 Original Date Issued 08/31/2021 Expiration Date The work site was inspected by Patrick Showalter of our office on April 15 12021 The following are persons, firms, and corporations having a principal interest in this proposal: Ted Baker- President/Secretary Mark Baker-Treasurer Kent Baker- Chairman 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. Baker Electric Inc Corn any Name Signa of Bidder Keith Fleming Printed or Typed Signature Subscribed and sworn to before me this j�_day of i%\ 2W. NOTARY PUBLICF ��y/GC /✓i NOTARYSEAL C-9 CALIFOFIMA JURAT Wrr.4 AYRAXT sTA'TEWcM GOYERNh1ENT coDE§a= 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) ---------------------------------------------- 3 ---- ---------- ------------------------------------- 4 ------------------ ----------------- -------------- -------5 6 >- ------------ Signature of Document Signer No, 1 Signature of Document Signer No. 2 (f any) 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 Califomi! Subscribed and sworn to (or affirmed) efore me County of I]) b �y / n on this day of—dOr( I 20 by Date T Month year (and (2) ) DANA RASMUSSEN Name(s) of Signer(s) Notary Public.CAbfwnU Sa.sion�+ounty o � proved to me on the basis of satisfactory evidence My Corn Expires Ap,22,2o2a to be the person(s) who appeared before me. Signature ,7 /lid Signature of Notary Public Seat Pface 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. O escrption of Attached oocumen3 Title or Type of Document: Document Data: _ Number of Pages: Signer(s) Other Than named Above: �21113 National Notary Association -www.NationalNotary.org • 1-800-US NOTARY(1-800-876-682T; Item#5910 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 Sun"E'r on SB 854 http://www.dir.ca.gov/DLSE/Public W orks/S B 854FactS heet-6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir.ca.gov/P WCR/ActionScrvlet?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 ALI, subcontractors at the time of submitting the bid. Baker Electric, Inc. Contra for By Vice President Title Date: April 1- ,2021 PWC Registration 4: .......1.000000466 C-13 THE AMERICAN INSTITUTE OF ARCHITECTS AfA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Baker Electric. Inc. 1298 Pacific Oaks Place. Escondido, CA 92029 as Principal, hereinafter called the Principal, and Fidelity and Deposit Company of Maryland 777 S. Figueroa St., Suite 3900 Los Angeles. CA 90017 a corporation duly organized under the laws of the State of IL as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Traffic Signal Modifications at Warner Ave and Graham St, Warner Ave and Nichols Lane, Brookhurst St and Indianapolis Ave, CC No. 1548, 1550, & 1625; City of Huntington Beach NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 14th day of April 2021 Baker Electric, Inc. (Pnncipa!) ` (Seal) (Witness) B : V%cCPresident (Tine) Kti`t� Fte..•:�� Fidelity and Deposit Company of Maryland (Surety) (Seal) Sarah Myefsi / (witness) Affomey-in-Fact Lawrence F. McMahon (Tine) AIA DOCUNIBNT A310•RID BOND•AIA •FERRUARY 1970 ED. •'1'RE ANIF,RICAN [N'S'1'1'I'U'I'1?OF ARClill'HC'rS,1735,NA'.AVE.,N.N'.,wASHINc'rON,D.C.20096 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 San Diego On APR 14 2021 before me, Rachel A. Mullen Notary Public, Dale Insert Name of Notary exactly as it appears on the official seal personally appeared Lawrence F. McMahon Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(W whose name(W is/#f# subscribed to the within instrument and acknowledged to me that he/#ff#jfly#W executed the same in hisftfiff"r authorized capacity(,W#J, and that by his/d##AtW signature(W on the instrument the person(W, or the entity upon behalf of which the person(W,) RACHEL A.MULLEN I acted, executed the instrument. /� `^•; COMM#2350762 C ` n I certity under PENALTY OF PERJURY under the laws of °u5 NOTARY PUBLIC-CALIFORNIA - �." SAN DIEGO COUNTY 1 the State of California that the foregoing paragraph is true Camm55oa Expres MARCH 10,2025 € and correct. Witness my han nd official seal. ''0A// � � "� Signature �Q.-Jy-t L�c wt Place Notary Seal Above Signature of Notary Public Rachel A. Mullen 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 ificiallilly QVINIIIIII ❑ Attorney in Fact ❑ Trustee • ❑ Trustee • ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: Surety Company CALUFORN0\ ALL^r-08P0SE ACKNOWLEDGMENT ' ` CIVIL CODE§ 11O9 FA notary p�ublic or other officer completing this Certincate veriiies only the idcnt�.y of the individualwho signed the Im ocument to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State ofCa|ihzrnia County of 0 1 o . ) Date Here Insert Name and Title o, , e 0 ffincer personally appeared NaAe(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 IF. his/her/theiralithorized capacity(ies),and'that by his/her/theirsignature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. | certify under PENALTY 0F PERJURY under the laws or the State ot California that the foregoing paragraph |c true and correct. W n^NA R**xooEw 9/|TNESSnnyhand andffii | � wot^rpom/c'California San Diego County Signature Place hbtag'Seal Above 0P77ONAL Though this section boptional, connp/enrnQ this infynnaUon can deter a/�e/abonu��hedu ��----`�-- cun�ento/ �ouob�n/res�schrnentof this form �uen8n/htenc� / ----`�� ~� ^'�" "" e000uum*n� Descyiptionnf Attached Document Title orTvpo of' � Document NunlberofPages�� Signer(s) N ------- � ____--'_ `` Named Above: -' 6apecity6eu) Claimed bySigne//o> ��-----' Signer's Name: Signer's Name: � U Corporate Officer -- , ':��bd �— L] (�o,pura1� Of�cor -- Ti�|ebd� LJPa�nar [] L�mited [� (�anea| ` '� ` r [] Partner -- [] Limited []G [� Individual [] Attorney inFact [] |ndividud []/\� �//u/w/ []Trustao [] Guardian orConservator []Truslae [] Guardian o,Conservator [] Other: Signo, Is Representing: Gignoriu Representino- � - ' ' ` '-7 � '--'%`7 �-o ,=�-.-1�--r---,I'c' ---, --',-:`,�'-,�' - 02014Nu'/una! Notary Association - w«xx.Natinns|NniaYurg - i'8O0'USNOTARY(18OO �70882� |' ' .� /anl#59O7 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY TJl SE PRESENTS: That the ZURICH 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['resident,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 hereofand are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Lawrence F. McMahon, Maria Guise, Sarah \-hers, Ryan E. Warnock, Rachel A. Mullen and Janice Martin of San Diego, Call forma, 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 AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OI'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 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 Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY,COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this ISth day of August A.D.2020. O'%eA ATresr: ],URICII AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUAI.1Y AND SURETY COMPANY FIDEI.nYAND DEPOSIT COMPANYOFMARYI.AND Rv: Robert D. Mioroy J Vice President • - i BY. Dawn E. Brown Secretary State of Maryland County of Baltimore On this I Silt day of August, 2020, before the subscriber, a Notary Public of the State of Maryland,duty commissioned and qualified, Robert 1). Murray,Vice President and Dawn I.. 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,dcposeth and saith,that heishe is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument arc 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 TES'I'INIONY R'NEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above wrium. Constance A.Dunn,Notary Public My Commission Expires:July 9,2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section S, Attornevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President mav, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority m execute bonds, policies, recognizances, stipulations, Undertakings, or other like instruments on behalf of the Company. and may authorize any officer or any such auomey-in-tact 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, Vice President of the Z_URICH AMERICAN INSURANCE COMPANY, the COLONIAL ANIERICAN 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 S,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 INSURANCI, COMPANY at a meeting duly called and held on the 15th day of December 199S. 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 certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate ntav be signed by facsimile tinder 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 flhc FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "fhat 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 11rliEREOF, I have hereunto Subscribed my name and affixed the corporate seals of the said Companies, this day of , APR 1 4 2021 o , DDs�...�. Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A CO:NI PLETE DESCRIPTION OF THE CLAIYI INCLUDING-fHE PRINCIPAL ON THE BOND.TILE BOND NUNIBER,AND YOUR CONTACT INFOWNIATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 tyw tv.rrporistclaimz(izurichna.cum 800-626-4577 Baker Electric, Inc. Sealed Bid a� For the: A+tL,,, Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue C.C. No. 1548, 1550, & 1625 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 ♦ �v�v v.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk August 9, 2021 California Professional Engineering, Inc. 19062 San Jose Avenue La Puente, CA 91748 RE: Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue — CC Nos. 1548, 1550 & 1625 Enclosed please find your original bid bond for CC Nos. 1548, 1550 & 1625. Sincerely, q4�• 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 Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue—C.C. Nos. 1548, 1550 & 1625 in the CITY OF HUNTINGTON BEACH April 7, 2021 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) PLAN SHEET 2 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials,with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2)working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530. 2) PLAN SHEET 3 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials,with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2)working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530. Addendum 1 — Page 2 3) PLAN SHEET 4 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2) working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530. This is to acknowledge receipt and review of Addendum NumberlOhe, dat California Professional Engineering. Inc. V Company Name By 4/19/2021 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 Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue -C.C. Nos. 1548, 1550 & 1625 in the CITY OF HUNTINGTON BEACH April 8, 2021 Notice To All Bidders Please note the following clarification to the Protect Plans. Specifications, and Special Provisions. 1) SPECIFICATIONS - SECTION C - PROPOSAL - NOTARY CERTIFICATE Remove and replace sheet entitled "NOTARY CERTIFICATE", page C-10, with page entitled "NOTARY CERTIFICATE Addendum 2". 2) SPECIFICATIONS - SECTION C - PROPOSAL - Bidder's Project History Remove and replace untitled sheet, page C-11, with page entitled "Bidder's Project History - Addendum 2". 3) SPECIFICATIONS - SECTION C - PROPOSAL - Bidder's Critical Staff Remove and replace untitled sheet, page C-12, with page entitled "Bidder's Critical Staff - Addendum 2". This is to acknowledge receipt and review of Addendum Number T q dated abo California Professional Engineering, Inc. Company Name By 4/19/2021 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 Bidder's Critical Staff— Addendum 2 Listed below are the names of the bidders proposed Construction Project Manager, and Superintendent. I-or 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. Diem Chu Name of proposed Project Manager Telephone No. of proposed Project Manager: 626-810-1338 Colton I Three Traffic Signal Intersections $678,065.00 Traffic Signal August 2020 Project Name & Contract Amount Type of Work Date Completed Fountain Valley I Talbert/Mt Washington TS $580,294.66 Traffic Signal July 2020 Project Name & Contract Amount Type of Work Date Completed Menifee I Two Traffic Signal Intersections $867,901.78 Traffic Signal May 2020 Project Name & Contract Amount Type of Work Date Completed 2. Van Nguyen Name of proposed Superintendent Telephone No. of proposed Superintendent: 626-810-1338 Colton I Three Traffic Signal Intersections $678,065.00 Traffic Signal August 2020 Project Name & Contract Amount Type of Work Date Completed Fountain Valley I Talbert/Mt Washington TS $580,294.66 Traffic Signal July 2020 Project Name & Contract Amount Type of Work Date Completed Menifee I Two Traffic Signal Intersections $867,901.78 Traffic Signal May 2020 Project Name & Contract Amount Type of Work Date Completed (Addendum 2 — Issued 4/08/21) C-12 City of Huntington Beach Public Works Department 2000 Main Street Tel (714) 536-5431 , Fax (714) 374-1573 ADDENDUM NUMBER THREE For Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue - C.C. Nos. 1548. 1550 & 1625 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) SPECIFICATIONS - SECTION C - PROPOSAL Page C-2 shall be added following Page C-1 and prior to Page C-2.1 This is to acknowledge receipt and review of Addendum Number Three. a1e2! ve. California Professional Engineering, Inc Company Name By 4/19/2021 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 Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue C.C. No. 1548, 1.550 &1625 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 50 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc.; and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will 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 ADDENDUM 3— Issued 4/13/21 Page C-2 ADDED If awarded the Contract. the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 10%Bid Bond in the amount of which said amount is not less than 10°/u 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. Aare Receive) idder'.%Si•na 1 4/12/2021 2 4/12/2021 3 4/16/2021 ( .2 SECTION C PROJECT BID SCHEDULE Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue C.C. No. 1548, 1550 &1625 BID ITEMS N.Item 1k!c i h 3 K n 3 1 i 4 Y 4a it` ' n 1i} k TOt81 C05� ` s No .i�4tri-J�h - Dnphon �-�. s t,.`. QuanbtyUo ., t U. +rrC�*§.. xteusiou ;': 1 Mobilization I LS $ (PW0_ $ DD 2 'Traffic Control l LS $ 6000 $ 13 000 3 Preparation of Project Specific Storm I LS $ 15 DO $ ) 900 Water Pollution Prevention Plan (SWPPP) 4 Installation and Maintenance of BMP's per I LS $ a-000 $.,3 000 the approved SWPPP 5 Traffic Signal Modification at Warner I LS $ Rg 3qZ $ 1a0 3qZ Avenue and Graham Street 6 Traffic Signal Modification at Warner I I.S $1!R 38 $ jl 38C,2' Avenue and Nichols Lane 7 Traffic Signal Modification at Broolchurst 1 LS $ 13 $ 135 Street and Indianapolis Avenue 8 As-Built Plans I LS $ 500 $ 50 U TOTAL.BID AMOUN-F $ 2q�Q, 50B TOTAL BID AMOUNT IN WORDS: three hundred hine.44 - -huo -f oaWQ J i L/V huniireel and ai# dollars and zaig 6 earrfS 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-2.1 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. "Bu1 i Name and Address ofSubcontractor, !r:'Stote' ; ;Chii DoWi. (S) ` % of L 1,ay i'y �. Ilem i! ?h r,41! 1]. f > :Lu enSe i j3"Amount rr Cbntracl era e .t� , �. ..•r ., .ti.pa" „ .'� c .. _. Nnmb SI. a . .. � ; . J , l,Y 1-c: 5 Partial Cal-Stripe 685387 A $12,900.00 / 6 Partial 2040 East Steel Road {>r 7 Partial Colton, CA 92324 y �3 .2 2 Partial EBS General Engineering, Inc 5 Partial 1345 Quarry St#101 720016 A $26,725.00 p 7 Partial Corona, CA 92879 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 u19l2021 ,at La Puente CA Date City State Van Nguyen being first duly sworn, deposes and says that he or she is President of Cald=ia Professmal Eng. a nnq 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. California Professional Engineering, Inc. Name of Bidder Signature of Bidder 19062 San Jose Ave La Puente. CA 91748 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 Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue—C.C. No. 1548, 1550 & 1625, (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. California Professional Engineering, l6c Contrac r By 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. QUFSTIONNAIRE 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 VNTO 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. California Professional Engineering Inc Contractor BY President Title Date: 4/19/2021 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: California Professional Engineering, Inc Bidder Name 19062 San Jose Ave Business Address La Puente CA 91748 City, State Zip (626 ) 810-1338 Telephone Number 793907 A, C-10 State Contractor's License No. and Class 4/16/2001 Original Date Issued 4/30/2023 Expiration Date The work site was inspected byVan Nguyen of our office on April 13 12021 The following are persons, firms, and corporations having a principal interest in this proposal: California Professional Engineering, Inc. Van Nguyen - President, Secretary Phuong Thao Nguyen -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. California Professional Engineering, Inc. Company Name V; Signature of Bidder Van Nguyen Printed or Typed Signature Subscribed and swom to before me this_day of ,20_ . NOTARY PUBLIC NOTARYSEAL C-9 CALIFORNIA JURAT CERTIFICATE 1 \oian Pubic, or oilier officer completive this certificate wnfies onh the Identit, of the uldisidual ssho .Iguc� docunlenl to\%hich chi,certificate is attached.altd not Idle IrlttlifuIness.acClll'aC,. or%aIidll\ of Thal document State of California 11 ��,,✓� County of UAs �IAQ.�/� I 7777 Subscribed and sworn to(or affirmed)before me on this day of t ` 20_-, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. =NGUYENWITN NIY I IAND AND OFFICIAL SEAL. LOS LES COUNTY O-.n,ihin „1\rrtanP Ik l\nlarc Sa•al) OPTIONAL INFORMATION Ilk iumf wonuvd ealhur flu,Jw un+.vt+,ul w wnhiwe with 01,A)r1un Imr, brV o rLrerl.uMt nh'l nnJ.uvn+In M6'm nmfnry J•d! nv 11r prcu,lur;.r„nlnrg l'r.rrintnnft liiw.undrtr urrdo+g rununnl to l mi Lwh'vt hnrr. 1180nu0 8'aZ..1 furt+f cerffliaafe tannof lit'a/hsed m u tHa wrrcaf sera hr mall ar w1ken,me delivered fail m+mn public. fmiwlfng eh'cfronic means itherehc du•31grwr did wr Ih'nafwUr ,11var tvfore flit,rro onL public. even tl fhe.signer is bw•n hs du'mean'public The real ami.sigrwntre enmmm be alli u'd r,.a Jtn-tarrrnr urdxn+f fhe tarrrcr+wfanal yarding. .1a an mldaiaru+l uptitnr an allionf curt p+t¢h+n•an upithrvil uu fl+r ,IUIIC duCamelil LLt fhe notarial Cerflh(afe n'ar(h+11 In t'llmllh+lt'7lW 16l'aI mldlllalrll tlIX'fmlPnfa11r1N 1 u ',CRIPFION OF ATTACHED Ix n I L \PACITY CLAIMED BY THE SIGNER _ Indis idurl I I tllr of dttcumrntl l orltaratC OA'3cer fanner Number of face_I Including lur:al \ltorncy-In-Fact I ru,tec I kwumrm 1)"Ic 1"her IAdd+aorw Initummitm1 NOTARY CERTIFICATE Addendum 2 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 PL'RJURY 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) (Addendum 2 — Issued 4/08/21) ato Bidder's Project History, — Addendum 2 For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of traffic signal modifications, underground signal conduit, the installation of fiber optic cable for communication and curb ramp installation. 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 Colton 160 South 10th Street Colton, CA 92324 Name and Address of Public Agency Name and Telephone No. of Project Manager: Marty Ragels 909-370-5065 678,065.00 Traffic Signal August 2020 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Traffic Signal Cnnctrl rtion at Thrace t nrnt nnc r:nnrrptp R STlpwal4 Improvernerits S gning 9 StOp'n9, SCE Underground Substructures, Service Pedestal, etc. 2 City of Fountain Valley: 10200 Slater Ave Fountain Valley, CA 92708 Name and Address of Public Agency Name and Telephone No. of Project Manager:John Nguyen 714-593-4443 580.294.66 Traffic Signal July 2020 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Traffic Si nal Construction Concrete nd Subs es, Service Pedestal, Signal Interconnect Conduit & Communication Systems, CCTV 3. California Department of Transportation (Caltrans) 790 Via Lata#100 Colton CA 92324 Name and Address of Public Agency Name and Telephone No. of Project Manager: Manuel Ruiz 951-965-6327 2,587,172.50 Traffic Signal May 2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Traffic Signal, Curb Ramgs Sianlna & Sir ping cC.F Unrlp.[g[auarl Suing irtnrps ('nnrrata�halt Improvements, Fiber Optic, Networking, Microwave Systems (Addendum 2— Issued 4/08/21) C-11 CONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) CERTIFICATE Pursuant to SB 954 (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/PublicWorkstSB854F&ctSheet-6.30.14.pdf DIR's Contractor Registration Link—Call(844)522-6734 https://cfiling.dir.ca-gov/PWCR/ActionServiet?action=displayPW CRegisbu6onFonn 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. California Professional Enaineering, Inc. Contractor By President Title Date: 4/1 912 0 2 1 PWC Registration #: ....................1000377609................................................... C-13 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE N4 07812 C SAN FRANCISCO I Certificate of Authority THIS IS TO CERTIFY THAT. Pursuant to the Insurance Code of the State of California, United States Fire insurance Company Of Wilmington, Delaware , organized under the laws of Delaware ,.subject to its Articles of Incorporation or otherfundamental organizational documents,is hereby authorized to transact within the State,subject to all provisions of this Certificate, thefollowing classes of insurance: Fire, Marine, Cjt Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous jas such classes are now or may hereafter be defined in the Insurance Laws of the State 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 any,of the applicable laws and lawful requirements made under authority of the laws of the State of Califurnia 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 WIIEREOF•effective asofthe 31st day of December 1 2003 ,I ha✓e hereunto Cset my hand and caused my official seal to be affixed this I 3 1 s t day of December 2003 , 4.C.rP0Md� r_VJY ierBY CJ NOTICE:Qualification with the Secretary ofSmte most be accomplished as m,q y after issuance of this Certificate of Authority.Failure to do so will be o violation of fnauanre Code Section 701 and will be grounds for revoking this Certificate of Authority pursuant to:fret convcnants made in the application therefor and the conditions contained herein. ,mum s ®osa m rws, AIA Document A310TM - 2010 Bid Bond No:N/A Bid Bond . CONTRACTOR: SURETY: r,Uarue, legal sralus and address) (Name, icgul status and principal place California Professional Engineering, Inc. ofh,s•Dless)United States Fire Insurance Company 19062 San Jose Avenue 305 Madison Avenue .. La Puente, CA 91748 Morristown, NJ 07962 This document has important legal consequences.consultation with OWNER: - an attorney is encouraged with ru respect to its completion or (1 n1e.legal sfana nail address) modification. City of Huntington Beach 2000 Main Street Any singular reference to .. Huntington Beach, CA 92648 Contractor,Surety,Owner or BOND AMOUNT: o other party shall be considered Ten Percent of the Total Amount Bid(10/o of Bid Amount) plural where applicable. PROJECT: (Vame, location tit address,and Project number, if any) "Traffic Signal Modifications at Warner Avenue and Graham Street, Project Number, ifany:1548,1550 & 1625 Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue > The Contractor and Surety 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: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(I)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 ihejUrisdic(ion of the Project and otherwise acceptable to the Owner, for the faithful performance oCsuch Contract - and for the pronipt''payrnent 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 be said hid,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 itpply 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 this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond It as been furnished to comply with a statutory or other legal requirement in the location of the Projcct. " any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hercfforn and provisions Conforming 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 sGftu Wry bund and not as a common law bond. Signed and sealed this 14th day of April 2021 t California ProfeAloal Engmeen 1 C. t' .. .. (principal) I (.Sent) i'llirness)- . . (Titre) ✓G.I) <n, fdtrLt< United States nsuran Compa .. .. / (Sure _ — (witnessl (Tale) Yung 7 lick,Attorney-in-Fact AIA Document AT0^-2010.Copyright 0 lW3,19i0 and 2010 by The American Imutme Archtlocts.Ail rights reservod.ViAki ING:This AIA' In . Document is protected by U.S.Copyright Law and Intemati...I Tmofias.Unaathodxo epr.duclidn or tlistribution of this AIA'Document,or any portion of it.may result in severe civil and criminal penalties.and will be prosecuted to the maximum extent possible undo.the law.This document was created on 012112012 07:20:12 under the term,of AIA Documents-on-Demand^'order no. 2008397405.'md is trot fur maul..This d.menl is Iiconspd by The Ammran Inrtltute of ArctMett.for one-time use at,.and may not be repraducan mvir to as ter-let n........ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 RfNaX'ICPfN,CS.t:L.t:fA-f'Y'.F('.�(`.M'.cY�'fLf,P�:M1F-N.N.R^NN�' 'A"dS".iS.f:Sw�CCCCSS�v.v�S'dSYN1M�"Ff,FY`.F^F(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 Los Angeles ) On I_ 2� before me, Alicia Nguyen Date // Here Insert Name and Title of the Officer personally appeared `l n ��lU�C (� 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. ALICIA NGUYEN WITNESS my and na d official seal. COMM.02211346 ic NOTANY PUBLIC •CAIIFORMp A ' LOS ANGELES COUNTY Signature Comm.Exp.AUG.25,2021 Signatu e 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 — ❑ 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: 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 Countyof Orange On APR 14 2021 before me, Irene Luong Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Yung T. Mullick 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) IRENE LUONG acted, executed the instrument. Notary Public-California Orange County I certify under PENALTY OF PERJURY under the laws of } M Commissio') 12201111 Q ffyComm.EspireslulD,?e➢ the State of that the forego paragraph is true and correct. Californiar/ Witness hand a o al s Signature Place Notary Seal Above Signatur� f Notary Pudic ene Luorfg 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 —Ttle(s): ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General ❑ Attorney in Fact ® ❑ Attorney in Fact ❑ Trustee • ❑ Trustee • ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: PO\VEROFA'rrORNEV UNITED STATES FIRE INSUFULNCE COMPANY PRINCIPAL OFFICE,-,]ORRIS"Pf1WN,NEW.IERSEY 07626 KNOW ALL MIEN BY TIIESE PRESENT'S:that United Stites Fire Insurance Company,a corporation duly organized and existing under the laws ofthe state of Delaware,has made,constituted and appointed,and does hereby make,constitute and appoint: Yung"I'.Mullick,James W. Moilanen.Irene Luong. P.Austin Neff,Stephanie I-loang,Emilie George cacti its toe and lawful Attorncy(s)-In-Fact,with full power and authority hereby conferral in its name,place and stead,to execute,acknowledge and deliver:Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require,and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed end acknowledged b% the regularly elected officers of United States Fire Insurance Company at its principal office.in amounts or penalties not exceeding: Fifty Million Dollars(SSO,000,000). 'this Power of Attomey limits the act of hose named therein to the bonds and undertakings specifically named therein,and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein steed. This Power of Attomey revokes all previous Powers of Attorney issued on behalf of the Attorneys-In-Pact named above and expires on January 31,2022. This Power of Attorney is granted pursuant to Article IV of the By-1,wws of United States Fire Insurance Company as now in fill force and effect, and consistent with Article III thereof.which Articles provide,in pertinent part: Article IV,Execution of Instruments-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,affix the corporate sea martualyor by facsimile to,acknowledge,verify and deliver any contracts,obligations,instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizarnces, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases,satisfactions and agency agreements; (b) to appoint,in writing,one or more persons for any or all of the purposes mentioned in the preceding paragraph(a),including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guaramees,undertakings, recognizaneeS stipulations, powers of attorney or revocations of.my powers of attorney and policies of insurance issued by the Corporation may he printed facsimile, lithographed or otherwise produced. [n addition, if and as authotrzed by the (bard of Directors,dividend warrants or checks,or other numerous instruments similar to one another in form,may be signed by the facsimile signature or signatures,lithographed or otherwise produced,of such officer or officers of the Corporation as from time to time may be authorized to sign such instn:anens on khalf of the Corporation. '['he Corporation may continue to use for the purports herein stated the facsimile signature of any person or persons who shall lurve been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WI"1"N'ESS WHEREOF,United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affiixJ this I0a'day of March, 2016. UNITED STATES FIRE INSURANCE COMPANI' '� Anthony R. Slinnowice. ]'resident State of New Jersey) CountyofMorris ) On this W day of.March 2016,before me,a Votary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company,tome personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Compaq thereto by the authority of his office. SONIASCAL\ .a_ NO I'ARYPUBLIC OF N'E%%'JERSEY Sonia Scala (Notary Public) MY COMM ISSION EXPIRES 3R5/2024 No.21636R6 I,the undersigned officsr of United States Fire Insurance Company,a Delaware corporation,do hereby certify that the original Power of Anornev of which the foregoing is a fatal,true and correct copy is still in force and effect and has not been revoked. IN K'1"1::NFSS Wid EREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the r<mday of April , 2021 UNITEDSTATF,S FIRE INSURANCECOMPANY Peter M.Quinn,Senior Vice President r i From. California Professional Engineering.Inc. 19067 San Jose Ave Ea Puente.CA 91749 (626)910 1339 au ��YS y��7 "SEALED AID" N2� For the raHic Signal Modifications YJ "y at Warner Avenue and Graham Street.Warner Avenue and Nichols Lane,Broalthurst Street and Indianapolis Avenue C.C.No.15413.1550.S 1525 In the CITY OF HUNTINGTON BEACH-00 NOT OPEN WITH REGULAR MAIL DELIVER TO THE OFFICE OF THE CITY CLERK.2000 MAIN STREET.SECOND FLOOR Aid Due Date/Time:April 20.7921 at 2:91pm I _ City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov r Office of the Citv Clerk Robin Estanislau, City Clerk August 9, 2021 Crosstown Electrical & Data, Inc. 5454 Diaz Street Irwindale, CA 91706 RE: Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue — CC Nos. 1548, 1550 & 1625 Enclosed please find your original bid bond for CC Nos. 1548, 1550 & 1625 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 Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue—C.C. Nos. 1548, 1550 & 1625 in the CITY OF HUNTINGTON BEACH April 7, 2021 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) PLAN SHEET 2 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2)working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530. 2) PLAN SHEET 3 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2)working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530. Addendum 1 — Page 2 3) PLAN SHEET 4 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2) working day notice shall be provided to the Traffic Signal Shop at(714) 536-5530. This is to acknowledge receipt and review of Addendum Number O e, dat a e� CROSSTOWN ELECTRICAL & DATA, INC. Company Name By 4/19/2021 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 Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue—C.C. Nos. 1548, 1550 & 1625 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) SPECIFICATIONS -SECTION C— PROPOSAL— NOTARY CERTIFICATE Remove and replace sheet entitled "NOTARY CERTIFICATE", page C-10,with page entitled "NOTARY CERTIFICATE Addendum 2". 2) SPECIFICATIONS—SECTION C—PROPOSAL—Bidder's Project History Remove and replace untitled sheet, page C-11,with page entitled "Bidder's Project History- Addendum 2". 3) SPECIFICATIONS—SECTION C—PROPOSAL—Bidder's Critical Staff Remove and replace untitled sheet, page C-12,with page entitled "Bidders Critical Staff- Addendum 2". This is to acknowledge receipt and review of Addendum Number Tw dated o CROSSTOWN ELECTRICAL & DATA, INC. Company Name y 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. NOTARY CERTIFICATE Addendum 2 Subscribed and swom to before me this 19 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 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 helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. s Lb, BERRY.f �. nccaw P,.p�,c CaiAornu C�' .m RngNn Cwn[y zlez" Y�_ ���j Eo^.Tnuont 2111272 �% •y Con'm EaO,rrs wr 16. 1027 Signature ,S Si ture of Notary Public (PLACE NOTARY SEAL ABOVE) (Addendum 2 — Issued 4/08/21) C-to NOTARY CERTIFICATE Subscribed and swom to before me this jq day of April, 20Z1. A notary public or other officer completing this certificate verifies only the identity oJthe individual who signed the document, to which this certificate is attached, and no truthfulness,accuracy,or validity of that document. State of California ) County of LniAngcles ) 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 helshelthey 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. swEEABERRY y NowL- E. Pubhc Ealft", t Cour IMr Ci W/ 16.r02r Signature y�� ' l 1 • _- i — SignaWo of Notary Public (PLACE NOTARY SEAL ABOVE) Bidder's Project History C-to Bidder's Project History — Addendum 2 For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of traffic signal modifications, underground signal conduit, the installation of fiber optic cable for communication and curb ramp installation. 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 661-2864002 $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 FDU's, PERFORM ALL SPLICING, TERMINATION AND SCH CCTV CAMERAS AND VIDEO MANAGEMENT SYSTEM. 2. 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 PATCH PANELS SPLICE CLOSURES,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/CCTV/WIRELESS 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, TERMINATION AND TESTING. FURNISH AND I S 1 ALL E I HEKNE I SWITCHES, VIDEO SURVEILLANCE, CCTV AND WIRELESS COMMUNICATION. (Addendum 2 — Issued 4/08/21) C-11 C EleotriCel L ' Data t,lr x:. REFERENCES ORGANIZATION'S CONTACT PERSON/TELEPHONE BRIEF DESCRIPTION OF PROJECT/ PROJECT DATE OF NAME /ADDRESS N VALUE PROJECT City of Los Angeles Manoocher Adhami Adaptive Traffic Control System— Phase 2: 11,17 to 5/78 Furnish and install a new CCTV cameras at 106 100 S. Main St. 626-255-4592 locations. Furnish and install new video Los Angeles,CA transmitters,receivers video mux/demux units, 90012 %lanoochehr adhami a Idoh ore 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 Bakersfeld Mike De La Cruz Traffic Signal Interconnect— Part 14— l I/17 to 4119 Furnish, install, splice, terminate and test fiber 1501 Truxtan Avenue 661-326-3175 optic cable, furnish and install(4)CCTV Bakersfield,CA 93301 cameras, and(10) Hardened Gigabit Ethernet mdelacru(abakerstieldcitv.us Switches- 5165,802.50 Orange County Amy Tran Chapman Ave.Traffic Signal 9/17 to 5/19 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(a octa.net detection systems, Ethernet switches, Orange,CA 92863 controllers, EVP systems,and Pod Signals- $l 586,844.47 City of Santa Clarits Cesar Romo Intelligent Transportation System—Phase IN 10/16 to 6/17 -Furnish and install fiber splice closures and 23920 Valencia Blvd. FDU's,perform all splicing, terminating and Santa Clarita,CA 661-2864002 testing,Furnish Install Ethernet switches, Bosch 91355 CCTV cameras and Video management system, cromo(a santa-clarita.com Perform system testing and integration- $764 475. Cotlroute USA Shane Savgur SR-91 Corridor Improvement Project- 11/14 to 5/17 Furnish/Install fiber optic cable,perform 20 Pacifica,Ste 420 49-75"198 splicing,termination and testing. Furnish/Install lrvine,CA 92618 communication equipment including Cisco ssaveur(a.coftrouteusa.com network switches. Perform system integration and testis -$1,941,925. 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 Tran OCTA Pacific Coast Highway TSSP—Furnish 1/18 to 7118 Transportation and install conduit,pull boxes, fiber optic cable, Authority(OCTA) 714-MO-5379 vaults,splice closures,patch panels. Perform fiber splicing,termination and testing. Install 600 S. Main St. atran(aocta.net CCTV cameras. - 5706,676 Orange,CA 92863 Contractor's License Number 756309 DIR Registration No. 1000000155 5454 Diaz Street Irwindale, CA 91706 Phone.(626)813-6693 Fax (626)869-0192 Electrrcall ' C�:rt.�,tx:. Orange County Amy Tran OCTA Alicia Parkway RTSSP, Laguna 5/18 to 9/18 Transportation Niguel - Furnish and install pull boxes. Authority (OCTA) 714-560-5379 conduit, fiber optic cable, patch panels. splice closures, vaults, UPS units, and 600 S Main St atran(docta 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 5,117 TRANSPORTATION, 1101405 - 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 Contractor's 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— Addendum 2 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 11-415504, S2.9 MILLION UPGRADE TRAFFIC MGMT. CENTER 2017 Project Name & Contract Amount Type of Work Date Completed 2, RICARDO AVILA Name of proposed Superintendent Telephone No. of proposed Superintendent: 626-813-6693 ITS PHASE IV-A ADDENDUM PROJECT, $754,675 FIBER/CABINETS/PULL BOXESICONTROLLERS 5118 Project Name & Contract Amount Type of Work Date Completed FURNISH/INSTALL RAMP OCTA CHAPMAN AVE., METERING SYSTEM, CONDUIT $ 1,586,844.00 PULL BOXES, LIGHTING, FIBER, SWITCHES 2/2019 Project Name & Contract Amount Type of Work Date Completed FURNISH/INSTALL RAMP CALTRANS CONTRACT 07-308604 METERING SYSTEM, CONDUIT $3,136,844 PULL BOXES, LIGHTING, FIBER, SWITCHES 2/2019 Project Name & Contract Amount Type of Work Date Completed (Addendum 2 — Issued 4/08/21) C-12 RICARDO AVILA SUPERINTENDENT EIBCtric.al< 'C1ata,ho- S4Sd Diaz St- IOW")daie, CA O l;o'. 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 GODINEZ � PROJECT MANAGER Ek-3ctrrall - Data,Yr-. y.:,4 Uiat St, .rwmdale, CA 91/Uh 626-813 6693 • 626-869-0192 Fax • Hugo(arrnaatnwndata 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 (j0alt PROJECT MANAGER C ata,lx;. 5454 Diaz St , Irwindale, CA 91706 626-813-6693 . 626-869-0192 Far • Hugo!acrosstowndata rpm • 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. r ' City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE For Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue—C.C. Nos. 1548, 1550 & 1625 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) SPECIFICATIONS - SECTION C — PROPOSAL Page C-2 shall be added following Page C-1 and prior to Page C-2.1 This is to acknowledge receipt and review of Addendum Number Thre dated ov . CROSSTOWN ELECTRICAL & DATA, INC. Company Name 4/19/2021 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. ADDENDUM 3 — Issued 4/13/21 Page C-2 ADDED 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 r'. ' nature 1 4/8/2021 2 4/912021 3 4/13/2021 C-2 SECTION C PROPOSAL for the construction of Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue C.C. No. 1548, 1550 &1625 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 50 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGI-IT 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 SECTION C PROJECT BID SCHEDULE Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue C.C. No. 1548, 1550 &1625 BID ITEMS ek ; 1a �, ,L { I }Total Cost ?; >DescnpUoo � .��t; � Quantity o-Umt Unit Cost y��-+�• :,r 1 Mobilisation 1 LS $7, 500.00 $7, 500.00 2 Traffic Control 1 LS $7. 5oo_oo $7. 5oo.oo Preparation of Project Specific Storm 3 Water Pollution Prevention Plan (SWPPP) 1 LS $500.00 $500.o0 4 Installation and Maintenance of BMP's per 1 LS $1. 5oo.oo $1, 5oo.oo the approved SWPPP 5 Traffic Signal Modification at Warner I LS $135, 274 . 6135, 274. 00 Avenue and Graham Street 6 Traffic Signal Modification at Warner I LS $104, 159.06104, 159. 00 Avenue and Nichols Lane 7 Traffic Signal Modification at Broolthurst 1 LS $137, 849. 1137, 849. 00 Street and Indianapolis Avenue 8 As-Built Plans I LS $Soo.00 $soo.00 TOTAL BID AMOUNT $ 394, 782.00 TOTAL BID AMOUNT IN WORDS: Three hundred ninety four thousand seven hundred eighty two 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. C-2.1 LIST OF SUBCONTRACTORS In accordance with Govemment 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. 'it Bid``, ';•Name and Address of.Su&e ntractors ; -Stafe3 ;Class: Dolldr"4 Item(s) S S: , ti� Pti Ltienser 'A i nt'q Contracl- „t; ; { Partia L Smithson Electric BI-5, 6 1938 E. Katella Ave. 614518 C-10 $5, 475 . 00 1 . 39% & 7 Orange, CA 92867 Partial. Cal-Stripe BI-5, 6 2040 E. Steel Rd. 685387 A 12, 900 . 0 3 . 27% & 7 Colton, CA 92324 Partial EBS General Engineering BI-2, 1345 Quarry St . , #101 720016 A $26, 225 . 0 6 . 64% 5& 7 Corona, CA 92879 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 fiimished 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 4/19/2021, at IRWINDALE CA Date City State DAVID P HEERMANCE being first duly swam, deposes and says that he or she is PRESIDENT of CROSSTOWN ELECTRICAL&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. CROSSTOWN ELECTRICAL & DATA, INC Name of Signs of Bidder DAVID P. HEERMANCE 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 Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue — C.C. No. 1548, 1550 & 1625, (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. CROSSTOWN ELECTRICAL 8 DATA, INC Contract By r DAVID P. HEERMANCE PRESIDENT Title Date: 4/19/2021 G5 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? Cl 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. 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. CROSSTOWN ELECTRICAL & DATA, ItjC. Contracto Y DAVID P. HEERMANCE PRESIDENT Title Date: 4/1912021 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: CROSSTOWN ELECTRICAL&DATA, INC. Bidder Name 5454 DIAZ ST. Business Address IRWINDALE CA 91706 City, State "Lip 626 ) 813-6693 Telephone Number 756309 A, C-10 State Contractor's License No. and Class 11/18/1998 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 WENDY PARKER - VICE PRESIDENT ANDREA HEERMANCE - SECRETARY BEN HEERMANCE - CFO 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. CROSSTOW RICAL&DATA, INC Compan ame Si o idder L DAVID P. HEERMANCE Printed or Typed Signature Subscribed and swom to before me this 19th day of APRIL 202,1. NOTARY PUBLIC Sf- • kT S Pr N E D NOTARY SEAL C-9 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 SHEET on SB 854 http://www.dir.ca.gov/DLS E/Publie W orks/S B854FactShoet_6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayP WCRegistrationForTn DIR's Contractor Registration searchable database: httpsJ/eftling.dir.ca-gov/P WCR/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 ELECTRICAL& DATA, IN Contract By DAVID P. HEERMANCE PRESIDENT Title Date: 4/19/2021 PWC Registration #: .............100.0000155.......................................................... C-13 Bid Bond Bid Bond Number: CSBA-17311 CONTRACCOR: SURFTY: (Name,legal stator and addrem) (t\tame,&gal ttanu andp inripalglare of bnrinur) Crosstown Electrical&Data, Inc. Fidelity and Deposit Company of Maryland 5454 Diaz Street 777 South Figueroa Street,Suite 3900 Irwindale,CA 91706 Los Angeles,CA 90017 OWNER: This document has important legal (Nam4 legal cams and addiru) consequences.Consultation with City of Huntington Beach An attorney is encouraged with respect 2060 Maul Street its completion or modification. 1-lunungton Beach,CA 926,18 .Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where appbcable. BOND ADIOUNT: Ten Pcacnt(10%)of Amount Bid PROJECT:Traffic Signal Modifications at Warner Avenue and Graham Street,Warner Avenue and Nichols Lane,Brookhurst Street and Indianapolis Avenue,CC No. 1548, 1550& 1625 Project Number,if any: 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 fine 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 faithfiil performance of such Contract and for the prompt payment of labor and material furnished in die prosecution thereof,or(2)pays to the Owner the difference,not to exceed the amount of this Bond,betaken 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 u ork 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 nonce by the Surety shall not apply to any extension exceeding saty(60)days in the aggregate beyond the time for acceptance of bids specified in the hid 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 this Bond shall be deemed to be Subcontractor and the term Owner shall be deerned 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 here from and provisions conforming to Stich statutory or other legal requirement shall be deemed incorporated herein.\Chen so furnished,the intent is that this Bond shall be construed as a stanuory bond and not as a common law bond. Signed and sealed this 16th day of April_2021 Crosstown Electrical v,Data Inc, (lk%itneu) Mt/e) v fie 11 @rtnn,aCc, PrL6 _ Pideli y and Deposit Company of Maryland \��Q (S><>rry�' (Sra0 (1Y%rmeu) Melissa Ann Vaccaro / (7&1r)Daniel Huckabay,A •orney-in-Pact By arrangement with the American Institute of Architects; the National Association of Surety Bond Producers(NASBP) (www.nasbo.ore) 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 text in AIA Document A310-2010, Bid Bond. Subsequent modifications may be trade 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. hfELI'3 ANTI VACCARO WITNESS my hand and official seal. @'�y Corn,m.n22a}.so4Notar}'PublicCuliforniaORANGECOUNrY\ ,� Corim.Fiprta May]2.2022 t Signature��J�r�-, �`\ -' Lo fo (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 County untY of 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(%) is/am subscribed to the within instrument and acknowledged to me that he/flhgA)4)0y executed the same in his/hWaWtW authorized capacity(m), and that by his/MKWir signature( on the instrument the person(4), 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. sMALrA BERRY Notary Public-California � + Lot Angeles County _ COP-fission:2211272 Comm,EaOires war 16, 2023 Signature /' , :�_�/ . % (Seal) Bond No.CSBA-17311 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AM ERICAN CASUAI.TY AND SURETY COMPANY FIDELITY AND DEPOSI'I'CODIP:AN1'OFAIARI'LAND POWER OF A'IT0f2NEY KNOW ALL MEN BY 'THESE PRESENTS: That the 7URFCII 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 3,of[he By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force mid effect on the date hereof,do hereby nominate,constitute, and appoint Daniel HUCKABAY, Dwight REILLY. Arturo AYALA. Sh:mnna RO-LELLE OSTROM. Frank MORONES, Ben STONG, Michael D. STONG and R. NAPPI,all of Orange. California,EACH its true and lawful agent mid Auorney-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 Ab1ERICAN INSURANCE COMPANY at its office in Ncw 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 ofthe 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 R, of the By-Laws of said Companies,mid is now in force. IN WITNESS MIEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONI:\h AMERICAt\ CASUALTY AND SURETY COMPANY, and FIDELITY AND DEI'OSI'I'COMI'ANN'OF A1ARI'L.\:ND,this 15th day of January,A.D.2020. =�itt'-•-a o' - 3 sen� �e /.URICII AMERICAN INSURANCE COMPANY COLONIAL AMERICAN C\SUAL TY AND SIiRET\'COJtI'ANY FIDELITY AND DM1:POSIT COMPANY OF NIARYL,\ND BY:Robert D.Murrav Vice President) BY Dmvn F. Brown Secretary State of Maryland County of Baltimore On this ISth day of January, A.D. 2020,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 seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such offer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,1 have hereunto set my hand and affixed my Official Seal the day and year first above wvaun. pt ✓` oj:? Constance A.Dunn,Nomry Public Mp Commission Expires:July 9,2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V. Section 3,Anornevs-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 1, the undersigned, Secretary of the ZURICII AMERIC MN ]INSURANCE COMPANY, the COLONIAL. AMERICAN CASUALLY AND SURETY C051PANY, and the FIDFIATY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and etect on the date of this certificate; and I do further certify that Article V. Section 3, of the By- I-aws of the Companies is still in force. This Power of Attomey and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the 7_URICH ANIERIC:W INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1995. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and die Seal of the Company may be affixed by facsimile on any Power of:Atmmc-v...Any such Power or any certificate thereof be:uing 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 quid by authority of the following resolution of the Board of Directors of the COLONIAL Ap1ERICAN 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 10th day of Nlay,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 herealler, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid mid binding upon the Company with the s;une 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 16th day of April 2021 µ; t'yC 0% op �t�"10- ti By: Brian M. Hodges Vice President TO REPORT A CLAILNI WITH REGARD TO A SURETY BONI), PLEASE SUBNI IT A COilIPLETE DESCRIPTION OF'1'11E CLAINI INCLUDING THE PRINCIPAL ON TILE BOND,THE BOND NUMBER, AND YOUR CONTACT INFO Rb1ATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.rel)ort5fclaimsGmrichna.com 800-626-1577 i �,cvca s+v a..Si. ea�e.CA 9%7M f 1 CITY OF HUNTINGTON BEACH I 1 u pm- OFFICE OF THE CITY CLERK i q 001 �,LI(Y� 2000 MAIN STREET,SECOND FLOOR HUNTINGTON BEACH,CA 92648 I I "SEALED BID" FOR TRAFFIC SIGNAL MODIFICATIONS AT ( I WARNER AVENUE AND GRAHAM STREET,WARNER AVENUE AND NICHOLS LANE,BROOKHURST STREET AND INDIANAPOLIS AVENUE,C.C.NO.1548,1550,1625 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 ♦ �Nr%�r%v.huntingtonbeaclica.gov s .. Office of the City Clerk a �F .uce.� \ Robin Estanislau, City Clerk August 9, 2021 DBX, Inc. 42024 Avendia Alvarado, Suite A Temecula, CA 92590 RE: Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue — CC Nos. 1548, 1550 & 1625 Enclosed please find your original bid bond for CC Nos. 1548, 1550 & 1625 Sincerely, Robin Estanislau, CIVIC City Clerk RE:ds Enclosure City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue— C.C. Nos. 1548, 1550 & 1625 in the CITY OF HUNTINGTON BEACH April 7, 2021 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) PLAN SHEET 2 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2) working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530. 2) PLAN SHEET 3 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two(2)working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530. Addendum 1 — Page 2 3) PLAN SHEET 4 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2) working day notice shall be provided to the Traffic Signal Shop at (714) 536.5530. This is to acknowledge receipt and review of Addendum N b One, 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) 374-1626 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 Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue- C.C. Nos. 1548, 1550 & 1625 in the CITY OF HUNTINGTON BEACH April B. 2021 Notice To All Bidders: Please note the following clarficabon to the Project Plans, Specifications, and Special Provisions: 1) SPECIFICATIONS - SECTION C - PROPOSAL - NOTARY CERTIFICATE Remove and replace sheet entitled "NOTARY CERTIFICATE", page C-10, with page entitled "NOTARY CERTIFICATE Addendum 2". 2) SPECIFICATIONS - SECTION C - PROPOSAL - Bidder's Project History Remove and replace untitled sheet, page C-11, with page entitled "Bidder's Project History - Addendum 2". 3) SPECIFICATIONS- SECTION C - PROPOSAL -Bidder's Critical Staff Remove and replace untitled sheet, page C-12, with page entitled "Bidder's Critical Staff - Addendum 2". This is to acknowledge receipt and review of Addendum Number Two, dated above. DBX, Inc. C . 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 hour; of posting. City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER THREE For Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue- C.C. Nos. 1548, 1550 & 1625 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) SPECIFICATIONS - SECTION C - PROPOSAL Page C-2 shall be added following Page C-1 and prior to Page C-2.1 This is to acknowledge receipt and review of Addendum Nulr+ r Three, 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. SECTION C PROPOSAL for the construction of Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue C.C. No. 1548, 1550 &1625 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 50 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will 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. Gt ADDENDUM 3— Issued 4/13/21 Page C-2 ADDED 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% 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 "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. Dare Received riders Signature 1 04/07/21 '_ 04/08/21 3 04/13/21 c -� SECTION C PROJECT BID SCHEDULE Traffic Signals Modifications at Warner Avenue and Craham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue C.C. No. 1548, 1550 &1625 BID ITEMS Ileni t e c L�,�.Naon:�M `fr.,•c{.,:1,i:.. �a..]<D_.--e.".'ste'rc.'rP<r,i ii�o.t a -1U�;n...Cost i s,t t"(y Toxttaenlo`Csio6si t yz! T 1 Mobilization I LS $ 5,000.00 $ 5,000.00 2 Traffic Control 1 LS $8,500.00 S 8,500.00 3 Preparation of Project Specific Storm I LS S 1,500.00 $ 1,500.00 Water Pollution Prevention Plan (SWPPP) 4 Installation and Maintenance of BMP's per I LS $1,500.00 $ 1,500.00 the approved SWPPP 5 Traffic Signal Modification at Warner I LS $114,572.00 $ 114,572.00 Avenue and Graham Street 6 Traffic Signal Modification at Warner I I.,S $87,461.00 S 87,461.00 Avenue and Nichols Lane 7 Traffic Signal Modification at Brookhurst I LS $151,906.00 $ 151,906.00 Street and Indianapolis Avenue 8 As-Built Plans I IS S 1,950.00 $ 1,950.00 TOTAL BID ADIOUNT $ 372,389.00 TOTAL BID AMOUNT IN WORDS: Three Hundred Seventy Two Thousand Three Hundred Eighty Nine 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. C-2.1 LIS'I' 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. i1 Bid ' Name and flddress ojsubcolrlrac(or' ;ti`'S[atea" Class Do!!ar' r , ..nl I ti 113 ,str �.Fi Yi�i '?u I i .• J- tLec :+yip R �r. I t 4`Luellse{' �i s�, l 'fIIUOUIiI ys Contract 1, s ti. i-�Y Numb W N 5 A merc, Inc. 630041 A $2,800.00 0.7% 23905 Clinton Keith Rd,Ste 114 Wildoniar,CA 92595 6, ,NI J. Directional, Inc. 790871 C61/ $8,000.00 2.1% 7 PO Box 1126 D09 Ontario, CA 91762 2, IE General Engineering, Inc. 1015380 AM/ S27,500.00 7.3% 5, 1440 Beaumont Ave.,Suite A2-130 C-53 7 Beaumont,CA 92223 5, Superior Pavement Alarkings 776306 C32/ $15,611.00 4.1% 6, 5312 Cypress St C31/ 7 Cypress, CA 90630 C61 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 AGGNCY 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 atTemecula CA Date City State James C.Perry being first duly sworn, deposes and says that he or she is President/Secretaryffreasurer 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 agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to sector 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 --:2� 0, . nature of Bidder 42024 Avenida Alvarado,STE A.,Temecula,CA 92590 Address of Bidder C4 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 sTECi1ANY IltUvo laws of the State of California that the foregoing Koury PublicndirCounty Gbtty AnemCe Coun paragraph is true and correct. _� Commhylon a i)ele7e Ov Comm.Evirn Feb 19, 2o21 WITNESS my hand and official seal. Signature Place Notary Seal and/or Stamp Above Si otur q Notary Public 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: Capaclty(les) Claimed by Signers) Signer's Name: James (.. Perry Signer's Name: ® Corporate Officer - Title(s):Pfe tden"srNaryrrfew.r`r O Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner- O Limited D General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact O Trustee ❑ Guardian or Conservator o Trustee ❑ Guardian or Conservator ❑ Other: O Other: Signer is Representing: Signer is Representing: :C2019 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 Traffic Signals Modifications at Warner Avenue and Graham Street,Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue—C.C. No. 1548, 1550 & 1625, (n(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. DBX, Inc. Contractor I* President/Secretaryrrreasurer Title Date: 04/19/21 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? Cl Yes ® 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 workees 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 e- _ y President/Secretary/Treasurer Title Date: 04/19/21 C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: DBX, Inc. Bidder Name 42024 Avenida Alvarado, Suite A., Business Address Temecula, CA 92590 City, State Zip (951 )296-9909 Telephone Number 240547, C-10 & A State Contractor's License No. and Class 01/20/1966 Original Date Issued 07/31/2021 Expiration Date The work site was inspected by James C. Perry of our office on April 13 2021. The following are persons, firms, and corporations having a principal interest in this proposal: James C. Perry President/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. DBX, Inc. parry Name gnature of Bidder James C. Perry Printed or Typed Signature Subscribed and sworn to before me this_day of ,20_. NOTARY PUBLIC SEE ATTACHED JURAT NOTARYSEAL i C-9 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 scrcrcccccrcccccccrcccccccccccccxc_rcrcccrcr<ssxcscrcncrcrcrc:ccccrcrc:ccrcccncr..x:cr..x.ccccac,cc,cr 74 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 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 rat the truthfulness,accuracy,or validity of that document. State of California Subscribed and sworn to (or affirmed) before me County of 41rJo t'Ssde �, on this �q+' day of 20 _� , by Date Month Year (1) ---"�— WAeS C.der ru (and (2) ), srEwuNr aluvo NOUry VuDlic-CaDlornle Name(s)of Signer(s) rt - RherpCe 14 j ComffnSia,r 1tiM74 proved to me on the basis of satisfactory evidence t Mr Comm.EWrn Feb iv,2015 to be the person(s) who appeared before me. Signature jSigna*ofAj&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: :c<:c..:c<:cc:c.�c,�:c,..:a.:c�z.�:c,�:cx:c�:ccccc.c:cun:ccxx.:c<:<x:t,�:cx.:cx_c<:c.:c.:<,..;cc�.cc.,:c,�z,..�cx.:c�:c•.c.<:c�xx:cxc,�:<x:cv�cc� 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5910 NOTARY CERTIFICATE Addendum 2 Subscribed and sworn to before me this day of , 20_ . A notary public or other officer completing this certificate verifies only the identity cf the individual who signed the document, to which this certificate is attached, and pot 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 Si er(s) who proved to me on the basis of satisfactory evidef cc to be the person(s) whose name(s) is/arc 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 mstr ent. I certify under PENALTY OF PERJUR under the laws of the State of California that the foregoing paragraph is tr/dum2 - 1ssued4/08/21) WITial s I. Signature of Notary Public (PLACE NOTARY SEAL ABOVE) (Ad /08/21) C-to Bidder's Project History — Addendum 2 For the purposes of(his project, the bidder shall provide project history of similar work, specifically referencing the construction of traffic signal modifications, underground signal conduit, the installation of fiber optic cable for communication and curb ramp installation. 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 Irvine - I Civic Center Plaza., Irvine, Ca 92606 Name and Address of Public Agency Name and Telephone No. of Project Manager: Alex Salazar - 949-724-7408 $1,054,653.00 Regional Traffic Signal Synchronization 08/23/2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Traffic Signal Modification. 2, City of Escondido - 201 N. Broadway, Escondido, CA 92025 Name and Address of Public Agency Name and Telephone No. of Project Manager: Ricardo Cervantes - 760-839-3853 $639,625.52 Traffic Signal Installations 07/08/2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Traffic Signal Installation 3. City of Coachella - 1515 Sixth St, Coachella, CA 92235 Name and Address of Public Agency Name and Telephone No. of Project Manager: Gordon Fisher - 760-501-8121 $2,059,403.12 5 Traffic Signal Installation 03/21/2018 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Installation of 5 Traffic Signals (Addendum 2 — Issued 4/08/21) C-11 Bidder's Critical Staff— Addendum 2 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 - P,NI Name of proposed Project Manager Telephone No. of proposed Project Manager: 909-721-4027 Regional -traffic Signal Traffic Signal Synchronization $1,054,653.00 Modification 08/23/2019 Project Name & Contract Amount Type of Work Date Completed Traffic Signal Installation $639,625.52 Install Traffic Signals 07/08/2019 Project Name & Contract Amount Type of Work Date Completed 5 traffic Signal Installation $2,059,403.12 Install 5 Traffic Signals 03/21/2018 Project Name & Contract Amount Type of Work Date Completed 2. Jesse Hernandez, Sr - Superintendent Name of proposed Superintendent Telephone No. of proposed Superintendent: 951-551-1980 Regional Traffic Signal Traffic Signal Synchronization $1,054,653.00 Modification 08/23/2019 _ Project Name & Contract Amount Type of Work Date Completed Traffic Signal Installation $639,625.52 Install Traffic Signals 07/08/2019 Project Name & Contract Amount Type of Work Date Completed 5 Traffic Signal Installation $2,059,403.12 Install 5 Traffic Signals 03/21/2018 Project Name & Contract Amount Type of Work Date Completed (Addendum 2 — Issued 4/08/21) 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 SHEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactShcet 6.30.14.pdf D1R's Contractor Registration Link—Call (844)522-6734 httpsJ/efrling.dir.ca.gov/PWCR/ActionServlet?action=displayP W CRegistrabonForm DIR's Contractor Registration searchable database: hupsJ/efrling.dir.ca.gov/P WCR/Sc=h.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 Cade 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." 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. for epc" President/Secretary/Treasurer Title Date: 04/19/21 1000004242 PWC Registration#: ....................................................................... C-13 --- - i Libert Mutual. Liberty Mutual Surety 11119999"'"'" y 17771 Cowan,Suite 100•Irvine,California 92614•(949)2'03-3300 SURETY Y.ww.11bertymutualsurety.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 State of California as Surety,are held and firmly 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. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Traffic Signal Modifications Warner Avenue and Grahm Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Ave - C.C. No . 1548 , 1550 L 1625 NOW, THEREFORE, if the Obligee shall accept (he bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,or in the event of the failure of the Principal to enter such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 5th day of April 20221 YEAR PBX, Inc . The O 'o sualty. In ante Company Su( ty Bv: l , — Yna.S G. Fe�r•l- «S1dwFf5echkn+y I LlCharles L. Flake, ^+eY-Io-Fac: ID-1196(&d Bord)(REV.519) ��. 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 Plame and Title of the Officer personally appeared Jantes 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 laws of the State of California that the foregoing STEPHAW BRAVO paragraph is true and correct. Notary Public-California Riverside County £ y Commission M 2348074 WITNESS m hand and official seal. y Comm.Expires Feb 19,2025 7 Signature / f Place Notary Seal and/or Stamp Above Si9001tur 0f otory Public 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: James C. Perry Signer's Name: m Corporate Officer — Title(s):President/5ecrelary/Treasurer n Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual D 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 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. I STATE OF CALIFORNIA I County of Orange i ! On 4-05-21 before me, Lexie Sherwood . Notary Public, Dale Insert Name of Notary ciactly as it appears on Vie official seal personally appeared Charles L. Flake Name(s)of Signcr(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the sarne in his/herltheir authorized capacily(ies), and that by his/her/their signature(s) on the instrument the LEXIE SHERVdOOD person(s), or the entity upon behalf of which the person(s) r`ry, MANI.#2203281 �� acted, executed the instrument. ' •,�...-.^ NOTARY PUBLIC a CAt'PORNIA j tm 'i ORANGE COUNTY6CAU .u'. 1 certify under PENALTY OF PERJURY under the laws of C .E�xp.YYLY 27,2021 the State of California that the foregoing paragraph is true S^ and correct. Witness my hand and official sea . Signature _ Place Notary SealAoove Signature o ry Pudic Lexie Snerwooci OPTIONAL j 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 Docurent: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Narne: ❑ 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 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 bind the Company except In the manner and to the extent herein staled. Libert�r Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No: 8202720-971919 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation out/organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporabon duty organized under the lams of the State of Massachusetts,and West Amencan Insurance Company is a corporation duly organized under the lawns of the State of Indiana(herein collectively called the-Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, David 1- Culbertson.Charles L.Flake Spencer Flake Lesic Sherwood Heather Willis all of the dry of Anaheim state of CA each individually if[here be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on 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 it*signed by the president and attested by the secretary of the Companies in their own proper persons. IN WHNESS WHEREOF,this Pourer 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 his I1ih day of December 2019 Liberty Mutual Insurance Company `1N SUq `SY INSO a msuq The Ohio Casualty Insurance Company 4JPoe vogwp% yJPoon.oq� 'Pyy pP=earo°ee94C West American Insurance Company � 1912 ° o 0 1919 � f 1991 0 � B m ,'7 /� 3' ,r,J/ C •y v6�e,, u°�^y� �0�4•,..,+aria ra,�"°or...fan y. ,n,+ x7 n� Nz I• M x David M.Carey,Assistant Secretary '0 o Stale of PENNSYLVANIA m d oh County of FAONTGOMERY ss o u 0 On this i I th day of December 2019 before me personally appeared David M.Carey,.who acknowledged himself lobe the Assistant Secretary of Liberty Mutual Insurance_f o m Company,The Ohio Casualty Company,and West Amencan Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes u LO m > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. E Zm au —.D 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 Q. C.N YOM P O — tySN A$/F COMMONWEALTH OF PENNSYLVANIA QQ ouWC C O :C o°c 4i y Nden,i New m dx ` OF Teuw PT, - t GudK 4.41 m 4, >P My conumnon E"we,M,rcn 2e.2o211 Teresa Pastella,Notary Public 0 m �)y �JraL� +4 Mrw..vwuyn.w.AawiaomwNd,.,.. a0 0 d W- This Power of Attorney is made and executed pursuant to and by authority of the following Bylaws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual t 0 Insurance Company,and West American Insurance Company which resolutions are now in full face and effect reading as follows: E : ARTICLE N-OFFICERS:Section 12.Power of Attorney. a v m Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the m a President may prescnbe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety o � any and all undertakings,bands,recognizances and other surety obligations.Such attomeys-In-fact,subject to the limitations set forth in their respective powers of attorney,shall Y have full paver to bind the Corporation by their signature and execution of arty such instruments and to attach thereto the seal of the Corporation.When so executed,suds 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 anomey-iMact under the c 09 provisions of this article may be revoked at any lime by the Board,the Chairman,the President or by the officer a officers granting such power or authority. 00 U� ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. 0 QD 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 attomeys-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, 11 bonds,recognizances and other surety obligations.Such alomeys-In-fact subject to the Imitations set fond in their respective powers of allamey,shall have full power to bind the Company by their signature and execution of any such instruments and to allach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by Me president and attested by the secretary. Certificate of Designatlon-The President of the Company,acting pursuant to the Bylaws of the Company,audnrizes David M,Carey,Assistant Secretary to appoint such attomeys-n- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and al undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby tardy that the original power of alomey of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and afxed the seals of said Companies this 5th day of April 2021 `jY INSq � 1NSUq yJ+ovvo°„�/'by VPe oavog4gHn (0 (0 (0 � Y o n T ° to n o P 1919e n s 1991e 1 xf4 wF 3 2 3 By- ° +•°•• aDYs ""0i"M' asRenee C.Llewelyn,Assistant Secretary 'vHl 1.P '�M FN LMS-12971-NHC OCIC WAIC Mu14 Co_12119 DBX, Inc. 42024 Avenida Alvarado Suite A Temecula, CA 92590 License No. 240547 A & C10 D I R No. 1000004242 g120) ' mrvvw � o Z l 1 l Ulr s� CITY OF HUNTINGTON BEACH CITY CLERK'S OFFICE — 2ND FLOOR W� 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 "SEALED BID" Forthe Traffic Signals Dlodifications at Warner Avenue and Graham Strect, Warner Avenue and Nichols Lanc, Rrookhurst Street and Indianapolis Avenue C.C. No. 1548, 1550 &1625 in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL DELIVER TO THE OFFICE OF THE CITY CLERK,2000 MAIN STREFT, SECOND FLOOR City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk August 9, 2021 Ferreira Construction Co., Inc. dba Ferreira Coastal Construction Co. 10370 Commerce Center Drive, Suite B-200 Rancho Cucamonga, CA 91730 RE: Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue — CC Nos, 1548, 1550 & 1625 Enclosed please find your original bid bond for CC Nos. 1548, 1550 & 1625 Sincerely, � q4�44M'Iltu) Robin Estanislau, CIVIC City Clerk RE:ds Enclosure City of Huntington Beach Public Works Department 2000 Main Street Tel. (714) 536-5431, Fax (714) 374-1573 ADDENDUM NUMBER ONE For Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue—C.C. Nos. 1548, 1550 & 1625 in the CITY OF HUNTINGTON BEACH April 7, 2021 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) PLAN SHEET 2 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2) working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530. 2) PLAN SHEET 3 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, Including anchor bolts. The contractor Is to pick up the materials, with Its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2)working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530. Addendum 1 — Page 2 3) PLAN SHEET 4 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2) working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530. This is to acknowledge receipt and review of Addendum Number One, dat above. FENIEIILq Cor.» VCTPII) C� I'JC. AC JC W(Z* Co-13� C�krn+t cn k4 � /1� Company Name By O`I �Zo Loz 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 TWO For Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue - C.C. Nos. 1548, 1550 & 1625 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) SPECIFICATIONS - SECTION C - PROPOSAL - NOTARY CERTIFICATE Remove and replace sheet entitled "NOTARY CERTIFICATE", page C-10, with page entitled "NOTARY CERTIFICATE Addendum 2". 2) SPECIFICATIONS - SECTION C - PROPOSAL - Bidder's Project History Remove and replace untitled sheet, page C-11, with page entitled "Bidder's Project History - Addendum 2". 3) SPECIFICATIONS - SECTION C - PROPOSAL - Bidder's Critical Staff Remove and replace untitled sheet, page C-12, with page entitled "Bidder's Critical Staff - Addendum 2". This is to acknowledge receipt and review of Addendum Number 1.wo dated above J-iLQX1RA cot1SMVCTI�,.r co /• c- D6A Fi1t,ttEIIIA CogS"A4_ rousMvcwN,J co Company Name By O`f /Lo /?nzl 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 Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue — C.C. Nos. 1548, 1550 & 1625 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) SPECIFICATIONS - SECTION C — PROPOSAL Page C-2 shall be added following Page C-1 and prior to Page C-2.1 This is to acknowledge receipt and review of Addendum Number Three, dated above. fEfUoitA co��mzvc,-+o�A cti lAw- c64, Company Name By D`( j 2,11Z.01 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 SECTION C PROPOSAL for the construction of Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue C.C. No. 1548, 1550 &1625 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 50 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded,the AGENCY will reject all bids and will 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 ADDENDUM 3 — Issued 4/13/21 Page C-2 ADDED 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. Accompan ng this proposal of bid, find �`t- b c n � in the amount of .'O �o which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond for_% ", as the case may be) Any standard Surety Bid Bond form is acceptable. Bidder shall signify receipt of all Addenda here, if any: .4ddenda Na Date Received Bid er's Signature - ( . Zl 3 - (3 - 21 C-2 SECTION C PROJECT BID SCHEDULE Traffic Signals Modifications at Warner Avenue and Graham Street,Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue C.C.No. 1548, 1550&1625 BID ITEMS Item Description, Quantity Unit . Unit Cost Total Cost _ (Extension) 1 Mobilization 1 LS $/ �h $ 000- 2 Traffic Control 1 LS S t a' S u Preparation of Project Speeific Storm 00 00 3 Water Pollution Prevention Plan(SWPPP) 1 LS $ 7E(o— $ 7G� 4 Installation and Maintenance of BMP's per 1 LS S 5 00 $5' the approved SWPPP 5 Traffic Signal Modification at Warner I LS $1 $ 00 13L_ r� ZG Avenue and Graham Street 6 Traffic Signal Modification at Warner I LS $ p 2 $ O 2 00 Avenue and Nichols Lane Traffic Signal Modification at Brookhurst 1 LS $ Y $�.3 Street and Indianapolis Avenue 8 As-Built Plans 1 LS S t� $l TOTAL BID AMOUNT S� TOTAL BID �AM4`U-NTr}r'�'r WORDS: �/ Ruwd`� <A &/�e_� ho.. VG GAS a, /moo 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-2.1 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 I' 5� G S,,,ii�5on L/ec.tr�� 6��J5� 8 - (U �57750o I,�� -7 1938 K� Fills Aj¢ Q 0.✓\ L � 2 z /5 3/1q t��-Cn� [oler.� 7zbel (e LiOronw n . �l2 5' 6 � 1�ri50 � �4ny '1 g3<-So c�y�ol� /�� 3%�lG C-13 �6�8�—r' `1 z o 7 9IV53`l C-3Z 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 BED 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 on04.20.2021,at Rancho Cucagamogga,CA Date City State Brandon Pensick being first duly sworn, deposes and says that he or she is Vice President of c:Rk+y�"�;,i r;,ndci'.Inc.dba 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. Ferreira Construction Co. Inc. dba 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 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 Traffic Signals Modifications at Warner Avenue and Graham Street,Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue— C.C. No. 1548, 1550 & 1625, (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. Ferreira Construction Co. Inc. dba Ferreira Coastal Construction Co. Contractor By Brandon Pensick- Vice President Title Daze: 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 (N 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 Coastal Construction Co. Contractor / By Brandon Pensick - Vice President Title Date: 04.20.m i C-7 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Ferreira Construction Co. Inc. dba Ferreira Coastal Construction Co. Bidder Name 10370 Commerce Center Drive Suite B200 Business Address Rancho Cucamonga CA 91730 City, State Zip ( 909 ) 606 - 5900 Telephone Number 985190 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 by tee-- K&, of our office on y— /5 ,UZI The following are persons,firms,and corporations having a principal interest in this proposal: Ferreira Construction Co. Inc.dba Ferreira Coastal Construction Co. Nelson Ferreira - President NanQ�Vliet Cucco - Senior Vice President Brandon Pensick - Vice President Lou Pacheco - Secretan•/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. Ferreira Construction Co. Inc. dba Ferreira Coastal Construction Co. C y Nam Signature of Bidder Brandon Pensick - Vice President Printed or Typed Signature Subscribed and m to before me this_day of , 20_ . NOTARY PUBLIC NOTARY SEAL C-9 NOTARY CERTIFICATE 1 lea`s e S� Addendum 2 Subscribed and sworn to before me this_day of , 20_ . �7 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 satis tory 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 signiture(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instnllent. I certify under PENALTY OF PERJURY under tke laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Pub 'c (PLACE NOTARY SEAL ABOVE) (Addendum 2 — Issued 4/08/21) C-to CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 .. - - .:f.6�iG0A6fY`2YiGAlYY':FI^.CR2Rfe�n�l1.CcC'l'RIiCA A rKfary public or olfw officer completing this certificate verifies only the identity of the individual who signed the rocurnent to which this certificate is attached,and riot the truthfulness,accuracy,or validity of that document. State of California ) County of San Bernardino ) on April 20, 2021 before me, Marla K. Khan, Notary-Pubic DtNs Here Insert Name and Title of the Officer personally appeared - Brandon Penslck Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the per n whose nam ) is/ subsc ' to the within instrumen�t and acknowledgyd (p me that he% e/t executed tf�am e hi r/t it authorized capacity(jEs), and that by his/jfer/ err signatur on th instrument the persor�6r� or the en ity upon behalf of whi��hh the person(4 acted, executed the Instrument. f 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. y -, r , Signature Ma.La L 4kiq� 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: Signers) Other Than Named Above: Capecity(ies) Claimed by 8119ner(s) Signer's Name: Signer's Name: I i Corporate Officer — Tkle(s): I 1 Corporate Officer — Title(s): _ O Partner — Limited '� General L I Partner — I Limited General L)Individual Attorney in Fact f I Individual ;Attorney in Fact Trustee Guardian or Conservator [-'Trustee I Guardian or Conservator 11 Other: 1 Other: _ Signer Is Representing: Signer Is Representing: 4y'V(1 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Bidder's Project History —Addendum 2 For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of traffic signal modifications, underground signal conduit, the installation of fiber optic cable for communication and curb ramp installation. 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. I�C� T�\/15 �CI'1 /Tl0.( �i � �l� �tl".CC'_ �.�uF-ot ✓��A Name and Address of Public Agency /� Name and Telephone No. of Project Manager: YY IG r"o Q�CAi o G3i 9-75 7 ff TS r ! l(t✓ o Contract Amount Type of Work Datfi Completed Provide additional prof t description to show similar work: A , o�. �rLu 1.n e _6,•. �, A�, '1 , tile- 4- J' 2. ti5�y - Zu3w �� rr0�^c c� Name and Address of Public Agency n �^d 1 Name and Telephone No. of Project Manager: KA.1r f2L s e / 3/o -415 -a233 Contract Amount Type of Work Date Completed Provide additional roject d ripti n to s similar work: 0 1 J_ Th `` r m.. ,,P r C1,-1) 4--//r45;' 3. Name and Address OYPublic Agency w Name and Telephone No. of Project Manager: r!1.n �r r.o// / 310 -/41 Z jy o Contract Amount Type of Work —_,lDate Completed Provide additional project description o sh simil work: r S (Addendum 2—Issued 4/08/21) C-11 Bidder's Critical Staff— Addendum 2 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 he11re''in. tt 1. nc�lw Name of prop6sed Project Manager Telephone No. of proposed Project Manager: 209- 20 e/— ncl - V 3, oo 1 o0o a 75ITT.S /L-t d it _ flees Zo 2n Project N e & Contract Amount Type o ork Date Completed l i1eaV-'49- / 610..49-4e-- Zoo , R.J d-GucLs- 51 ,.A J . o _ 7U/ G Yroject Name &Contract Arnou6t Type of Wor7 Date Completed fJ v 1 f44/-�Z✓Pr�� !� lU G��/-� GL.f1t C Y ✓ / 7 Project Name & Contract t�Amount Type f Work Date Completed 2. ��JC. L t 1, keA Name of proposed Superintendent Telephone No. of proposed Superintendent:It C92Co— 7� 72p c7 3,3�0 opc7°c T�SfS7S /L� �o.. a Dew 2OZo Project Name& Contract Amount Type of Work Date Completed A 7� 4oZ� 9Ss~1ot�- Co 1-1-5 Z :'L f Project Name&Contract Amount Type of Work Date Completed S� 2ro -T-Ts p �r�, oc�oGe oir,n� ITS 4 " 7o P jr ct Name &Contract Amount Type of Work Da Completed (Addendum 2 - Issued 4/08/21) 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 SIFET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSbeet_6.30.14.pdf DIR's Contractor Registration Link—Call (844)522-6734 httpsJ/efiling.dir.c&gov/PWCR/ActionServlet?action=displayPWCRegistra6onForm DIR's Contractor Registration searchable database: httpsJ/efiling.dir.c&gov/P WCR/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. Ferreira Construction Co. Inc. dba Ferreira Coastal Construction Co. Contractor By Brandon Pensick- Vice President Title Date: 04.20.2021 PWC Registration#: .1000.001634 C-13 Document A31OTM - 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: L19nae, legal slat r and additsl) (Vann,legal slalusand principal place r jhavinecl) Ferreira Construction Co., Inc. dba Ferreira Berkshire Hathaway Specialty Insurance Company Coastal Construction Co. 1314 Douglas Street, Suite 1400 Omaha, NE 68102-1944 This docume nt has important 10370 Commerce Center Drive, Suite B-200 legal consequences.Consultation Malling 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, NE68102-1944 modlfiwtion. LVame,legal s/nlnrnndnddn ) 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, localinaoraddwn andllmjecturanber,ijmn) Traffic Signals Modifications at Warner Avenue and Graham Street,Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue, City of Huntington Beach. C.C. No. 1548, 1550&1625 The Contmctor and Sumry•arc bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind thenhsclvcs,their heirs,executors,administrators,successors and assiens,jointlyand severally,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 linhc period as may be nerved to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the teens atsuch bid,mid gives such bond or bonds as may be specified in die bidding or Contract Documents,with a surely admitted in thcjurisdiction of the I'm.icct and otherwise acceptable to Ile Owner,for the faithful performance of such Contact slid 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 muount of this Bond,between the amount specified in said bid and such larger amount for which the Owner nay in good faith contract with another party to perlbrin the work covered by said bid,than this obligalian shall be null and void,otherwise to remain in full fierce and effect.The Surey Ih Crcbv w:nyes any notice )]'all agreement between tire Owner and Contractor to extend[lie time in which the Owner may accept the bid,Waiver tot notice by the.Silrcty shall not apply to arty extension exceeding sixty(60)days In the aearepte beyond[fit hnC fir acceptance elf bids specified in the bid documents,and lire 0%voer and Contractor s[lot]obtain the.SlirCry�s consent ter all extension beyond sixty(60)days. If this Bond is issued in connection with a subconimcioes bid ton Contractor,the temp Contactor in this Bond 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 slmutory or other legal requirement in Ilia location ol'the Prilica any provision in this Bond conflicting with said statutory•or legal raquilenlenl shall be deemed deleted hemfnnn and provisions conforming fir such stalulory or tether legal requirement strait be deem Cll inclnpllaled herein.When till lunii Sled.the nllCot is that(his Build Sllall be COONITucd as a Statutory bond and not as a Common laty build. Siencd and scaled this 20th day of April, 2021 Ferreira Construction Co., Inc.dba Ferreira Coastal Construction Co. !II'inress) fvY/ s rridty9.(LLrdCn PtAU- ,-V) Ck. PX cS1'ALAt lu,, BerkshireHathaway Specialty Insurance Company Pn )' j (.Peal) !II'imccq Kevin T. Wads r. Witness I arlltfkfi to fra Attorney-6-Fact S-0054IAS 8/10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 y:�ass�r�r�sa�.�r,�ra:ca�ras.$r- - ,r_rota�c.cc'.ecrszrz-src'��srez�::�cz=¢�.r�cserca 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._NOtaLy_P_ubkc , Date Here Insert Name and Title of the Officer personally appeared Brandon Pensick Name(s) of Signer(s) c who proved to me on the basis of satisfactory evidence to be the per on whose nameA is/aye subscribed to the within instrument and acknowledged to me that he%�/tf executed the same ?, his/f�/tt/r authorized capacity(i ), and that b his/t/th/r signature on the instrument the person or the enitity upon behalf of whic the person Xcted, 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. t:otaryPublic-Call'ornla V �1 i ao'j San Bernardino Cc own;y y A—�• 4✓L Cmhsbn.2; q Signature "y Comm.Erpi:ea May 13,202; 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 F1 Individual I J Attorney in Fact ❑Trustee 1-1 Guardian or Conservator ❑Trustee CI Guardian or Conservator ❑ Other: r1 Other: Signer Is Representing: Signer Is Representing: @2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6B27) Item #5907 ACKNOWLEDGEMENT OF SURETY COMPANY STATE OF New Jersey COUNTY OF Morris ON THE 2011 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 ABOV Notary Pub' Sandy s 7emes•Browne Watery Public-State Of New]ersey My Cw=iWm Expires Sep 19,202L Berkshire Hathaway 20579 Specialty Insurance Power Of Attorney BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY 8 NATIONAL INDEMNITY COMPANY/NATIONAL LIABILITY&FIRE INSURANCE COMPANY z = 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 % b 02111,NATIONAL INDEMNITY COMPANY a corporation existing under and by virtue of the laws of the State of Nebraska and having an Y office at 3024 Harney Street,Omaha,Nebraska 68131 and NATIONAL LIABILITY&FIRE INNRANCE COMPANY a corporation existing 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 asset forth herein,do hereby name, O _ constitute and appoint:Krystal L.Stmvato Kevin T Walsh,l5,Thomas MacDonald 100 South Jefferson ROBE,Suhe 101, of the city fl of Will ply,State of New Jersey,their true and lawful attorneys)-in-fact to make,execute,seal, acknowledge,and deliver, for and P on their behalf as surety and as their act and deed,any and all undertakings,bonds,or other such writings obligatory in the nature 3 thereof,in pursuance of these presents,the execution of which shall he as binding upon the Companies as if it has been duly signed q > and executed by their regularly elected officers In their own proper persons.This authority for the Attomey-in-Fact shall be limited to w the execution of the attached barrels)or other such writings obligatory in the nature thereof. 4 In witness whereof,this Power of Attorney has been subscribed by an authorized officer of the Companies,and the corporate seals of the Companies have been affixed hereto this date of December 20,2018.This Power of Attorney is made and executed pursuant to S o e and by authority of the Bylaws,Resolutions of the Board of Directors,and other Authorizations of BERKSHIRE HATHAWAY SPECIALTY q INSURANCE COMPANY,NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, which are in ; a full force and effect each reading as appears on the back Page of this Power of Attorney,respectively.The following signature by an authorized officer of the Company may be a facsimile,which shall be deemed the equivalent of and constitute the written signature of ' ? E such officer of the Company for all purposes regarding this Power of Attorney,including satisfaction of any signature requirements on r c any and all undertakings,bonds,or other such writings obligatory in the nature thereof,to which this Power of Attorney applies. y p _ E BERKSHIRE HATHAWAY SPECIALTY NATIONAL INDEMNITY COMPANY, E q - INSURANCE COMPANY, NATIONAL LIABILITY&FIRE INSURANCE COMPANY, 8 a ,x. r By: By: _ David Fields,Executive Vice President David Fields,Vice President 4 E �y[Gx[p C[FIN/1 ;Sr11E`S tt u �PUBPres f* �CPr�x�.\.0 �%OPio.,fL' E smtETv z�'.BRETy''t� n'xt�Y � � a 'cesCas es°s` wait %\ygcl, p a>a..r• ,N. s ' c _ NOTARY 2 State of Massachusetts,County of Suffolk,ss: E 3 On this 20th day of December,2018,before me appeared David Fields,Executive Vice President of BERKSHIRE HATHAWAY SPECIALTY e L INSURANCE COMPANY and'Ace 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 .2 Companies;that the seats affixed to the foregoing instrument are such corporate seals;that they were affixed by order of the board of - _ directors or other governing body of said Companies pursuant to its Bylaws,Resolutions and other Authorizations,and that he signed > 3 said instrument in that capacity of said Companies. (Notary Seal) / - /✓x^'�"T' o GEOFFERY A.DELISIO o E Notary Public Commonwealth of ksaasacbuseus L 20 2 Aly,Comm.Expires Nuvemeer 29,202/ Notary Public _ o B c I,Ralph Tortorella,the undersigned,Officer of BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY,NATIONAL INDEMNITY COMPANY and NATIONAL LIABILITY&FIRE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct '3 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,ZOZL sruau i SSTY ol'iISLRYn 3' �4Cil ),^, �srexst` S ;n\i ' (e/? ti:°b,•sup i° Officer 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 anytime 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 C O M P A N Y 1314 Douglas Street, Suite 1400, Omaha, Nebraska 68102-1944 ADMITTED ASSETS* 1213112019 12/31/2018 12131/2017 Total invested assets $ 5,172,183,338 $ 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' 12/31t2019 1213112018 12/3112017 Loss&loss exp.unpaid S 634,745,558 S 463,103,223 $ 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'Surplus 3,974.192,463 3,480,397,780 3.749,637,488 Total Liabilities&Surplus $ 5,667.794,028 $ 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 andlor the laws of the company's domiciliary state. FERREIRA OAd FEPPFIPA C0 IA(CONt1PtICVON CO 10370 Commerce Center Owe,Suite B-200 Rancho Cucamonga,CA 91730 s ! ~� �RR.��Z�113 °1 "SEALED BID" For the hwo� Traffic Signals Modifications = at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane Brookhurst Street and Indianapolis Avenue C.C. No. 1548, 1550, & 1625 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 ♦ x"vNv.huntingtonbeachca.gov Office of the City Clerk 1)_f901. Robin Estanislau, City Clerk August 9, 2021 International Line Builders, Inc. DBA ILB Electric 3955 Temescal Canyon Road Corona, CA 92883 RE: Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue — CC Nos. 1548, 1550 & 1625 Enclosed please find your original bid bond for CC Nos. 1548, 1550 & 1625. 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 Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue—C.C. Nos. 1546, 1550 & 1625 in the CITY OF HUNTINGTON BEACH April 7, 2021 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) PLAN SHEET 2 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2) working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530. 2) PLAN SHEET 3 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2) working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530, Addendum 1 — Page 2 3) PLAN SHEET 4 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2) working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530. This is to acknowledge receipt and review of Addendum Number One, dated above. International Line Builders, Inc. DBA ILB Electric Company Name B 042 0712021 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 Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue - C.C. Nos. 1548, 1550 & 1625 in the CITY OF HUNTINGTON BEACH April 8, 2021 Notice To All Bidders Please note the following ctan6cation to the Project Plans Specifications, and Special Provisions 1) SPECIFICATIONS - SECTION C - PROPOSAL - NOTARY CERTIFICATE Remove and replace sheet entitled "NOTARY CERTIFICATE", page C-10, with page entitled "NOTARY CERTIFICATE Addendum 2". 2) SPECIFICATIONS - SECTION C - PROPOSAL - Bidder's Project History Remove and replace untitled sheet, page C-11, with page entitled "Bidder's Project History - Addendum 2". 3) SPECIFICATIONS - SECTION C - PROPOSAL - Bidder's Critical Staff Remove and replace untitled sheet, page C-12, with page entitled "Bidder's Critical Staff - Addendum 2". This is to acknowledge receipt and review of Addendum Number Two. dated above International Line Builders, Inc. DBA ILB Electric Company Name ey 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 THREE For Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue - C.C. Nos. 1548, 1550 & 1625 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) SPECIFICATIONS - SECTION C - PROPOSAL Page C-2 shall be added following Page C-1 and prior to Page C-2.1 This is to acknowledge receipt and review of Addendum Number Three, dated above. International Line Builders. Inc. DBA ILB Electric 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 Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue C.C. No. 1548, 1550 &1625 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 50 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will 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 ADDENDUM 3 — Issued 4/13/21 Page C-2 ADDED 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 Bidders 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 No. Date Receired Bidder's Signature 1 04/07/2021 2 04/08/2021 3 04/13/2021 C-2 SECTION C PROJECT BID SCHEDULE Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue C.C. No. 1548, 1550 &1625 BID ITEMS TItemrs es ` � y 4Y 4Hy' f °ulhh�iF 1 y' l'S �Or91 t OSt ? Dcll ptl0nA5��y� V-kN { uantlfy�. nit.n 6N0. 9 sJ l '.34. e h St4k Via+ n a t:k4?4. ,k. '§'a. S x w 3a w. ws�lN:,2`w YQLen910n 1 Mobilization 1 LS $/8 7 $ 2 Traffic Control I LS $ $ / 3 Preparation of Project Specific Storm 1 LS $ J� 7vl $ St g7o — Water Pollution Prevention Plan (SWPPP) 4 Installation and Maintenance of BMP's per I LS Q2zL� $1,72,/ the approved SWPPP 5 Traffic Signal Modification at Warner 1 LS $([ C $ // Gf fir Avenue and Graham Street 6 Traffic Signal Modification at Warner 1 LS $W r _ $ Avenue and Nichols Lane 7 Traffic Signal Modification at Brookhurst I LS $ Street and Indianapolis Avenue /3/TR�2 $ �� 8 As-Built Plans $-09 TOTAL BID AMOUNT $ TOTAL BID/-MOUNT IN WORDS: — /HGPt /t'�N>,lf 0 S�krl/ IN'�LE,C �/' .St✓� ,t//.-�r /'*�'r• o /ZLu�j //dE 1�tu�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-2.1 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. C Bid rName and Address oJSubContractor. State?°., ;Class j Dollars N License2 :'L { i�S Amount-i{r COIItrQCt . Zt ' }i lr." +• [° t}�t '.''.�.c'}'1'1.rY t ' tia 1. ' , t 'Nwnber��! •,yp R'r t�..f 31,,.� .ti ry.t.la.-11�!; 4Z$4 7 3 0C,r_7b.J 9232 3 Z i2'4.ju4o C t n c e 21 S9�L /� _5��i f6zo ' /O LAw,t �8%/ 4�2 Ne3o �' Y.at. .�R.rNvsx.YZ.L .�esr 67/ 31"V 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 20th , 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 inletnaWnal L.le 6wides 1� oeA ae Eieaac 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 S' tature of dderArnold Arias - Vice President 3955 Temescal Canyon Road. Corona, CA 92883 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 Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue — C.C. No. 1548, 1550 & 1625, (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 he 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 By Arnold Arias - Vice President 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 ®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 1 will comply with such provisions before commencing the performance of the work of this contract. International Line Builders. Inc. DBA ILB Electric Contractor A /J By Arnold Arias - Vice President Title Date: 04/20/2021 c7 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 ( 951) 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 15 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 z Signatmro4 Bidder Arnold Arias - Vice President Printed or Typed Signature a Subscribed and sworn to before me this j day of Por `y 201+ . NOTARY PUBLIC NOTARYSEAL C-9 NOTARY CERTIFICATE Addendum 2 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 7" Signature of Notary Public (PLACE NOTARY SEAL ABOVE) (Addendum 2 — Issued 4/08/21) 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 AJtcAl Dc,,DL�a 1 before me, Brenda McKinney, Notary Public (insert name and title of the officer) personally appeared A eyx 16A Aye-ii �ekJ iCki who proved to me on the basis of satisfactory evidence to be the person(whose name 1 apt scribed to the within instrument and acknowled ed to me that ISe 0Q/ttM executed the same in is r/t*ir authorized capacity(i ), and that by I i )t*/th41ir sign``alurek) on the instrument the person(p(�, or the entity upon behalf cf which the person(A acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand d official seal. : BRENDAMCKINNEY y an o Rotary public Caldorma Wa/ �f �; IllCou+ry 9 +� Commission.227n25 `M7 Comm.Esprn Feb 19. 2023 Signature (Seal) Bidder's Project History — Addendum 2 For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of traffic signal modifications, underground signal conduit, the installation of fiber optic cable for communication and curb ramp installation. 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 La Mirada / 13700 La Mirada Blvd La Mirada CA 90638 Name and Address of Public Agency Name and Telephone No. of Project Manager: Lori Wolfe # (562)902-2380 $842 903 08 Electrical 08/07/2020 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Traffic Improvements 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. City of Ontario/ 303 East B Street Ontario CA 91764 Name and Address of Public Agency Name and Telephone No. of Project Manager: Mauricio N. Diaz # (909) 395-2107 $248,570.00 Electrical 11/30/2019 Contract Amount Type of Work Date Completed Provide additional project description to show similar work: Archibald and Mission Traffic Signal Modifications (Addendum 2 — Issued 4/08/21) C-I1 Bidder's Critical Staff— Addendum 2 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 Culver/University Intersection Improvements /$460,784.47/ Fiber Optic 11/30/2020 Project Name & Contract Amount Type of Work Date Completed Loma Linda Fiber Optic Installation /$121,871.00/ Fiber Optic 05/30/2021 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 Culver/University Intersection Improvements/$460,784.47 / Fiber Optic 11/30/2020 Project Name & Contract Amount Type of Work Date Completed Loma Linda Fiber Optic Installation/ $121,871.00/ Fiber Optic 05/30/2021 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 (Addendum 2 — Issued 4/08/21) 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 SIIEET on SB 854 http://www.dir.ca.gov/DLSE/PublicWorks/SB854FactSheet 6.30.14.pdf DIR's Contractor Registration Link—Call (844)522-6734 https://efi ling.dir.c&gov/P WCRJActionServlet?action=displayP W CRegistrationFonn 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 ALI, subcontractors at the time of submitting the bid. International Line Builders. Inc. DBA ILB Electric Contractor By Arnold Arias - Vice President Titic Date: 04/20/2021 PWC Registration 9: 10.000.070.32................................................ 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 torce 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 of 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) Traffic Signal Modifications at Warner/Graham, Warner/Nichols and at BrookhursUlndianapolis 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 Contactor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contactor,and the Contactor either(1)enters into a contact 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 Contact Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contact 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 perfoan 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 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 this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contactor. 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 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 sealed this 20th day of April 2021 International Line Builders, Inc. DBA ILB Electric ({Vitnecr) 1 (Contractor as Principal)/l (Seal) By: (Tie .d L; ;a'C/f/-''A-1•,�': ) lU 4 7"nC4LCA t AOO,/y Liberty Mutual Insurance Company (Witness) Br ^ (Title) Heather R. Goedteel,,Attorney-in-Fact Init Liberty Mutual Surety vouches that the original text of This document conforms exactly to the text 1 t 20Se2o UnI 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 Apoi -2O .-2roa-1 before me, Brenda McKinney, Notary Public (insert name and title of the officer) personally appeared AeruSld A-Q ,5lf ViLZ PeWlCiff-)F- who proved to me on the basis of satisfactory evidence to be the person whose nameW&apt subscribed to the within instrument and acknowledged to me that t e7yp t*y executed the same in is ialr/tbQir authorized capacity(i> ss), and that by is/ /tbkjr signaXireoi� on the instrument the person, or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. BRENOA MCKINNEY WITNESS my hand and official seal. , _ Notary Public-California < -te.+L _ Riverside Counry +,! ` Commission 1 2270125 my Came,E.pires Feb 19.2023 Signatur (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 Gar oMba Minnesota County of Hennepin ) On April 20,2021 before me, Nicole Langer,Notary Public (insert name and title of the officer) personally appeared }leather R. Goedtel, 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 Gajrtxxl l that the foregoing paragraph is true and correct. btinnesota WITNESS my hand and official seal. NJCOLE_ \ CATH.ERINE LANG;; neap.o..,o'ic `. My Commysion E,,ires lap 31.2023 Signature / I. (Seal) This Power of Attorney limits the acts of those named herein,and they have no authority 10 bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate 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 duly organized under the laws of the Slate of Massachusetts,and West American Insurance Company is a corporation duty organized under the laws of the Stale of Indiana(herein collectively called the'Companies'),pursuant to and by authority,herein set fowl,does hereby name,constitute and appoint Blake S. Hohlig Brian D.Carpenter.Kelly Nicole Enghauser,liewher R.Goedtel Michelle Flatter Jessica I toff,Nicole Langer,Craig Ol Instead,Laurie Pflug an of the city of Bloomington state of Minnesota each individually if there be more than me named,its true and lawful attorney+n-fad to make, execute,seal,acknowledge and deliver,for and on is 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 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 21 st day of November 2019 . Liberty Mutual Insurance Company �1NSUq `xY tNSU A 1NSUgq The Ohio Casualty Insurance Company West American Insurance Company .a1912 0 0 1919 a 1991 0 � /� m rn day •,cnosE dD O n,cos ,D Ys r,°o.n dD C David M.Carey,Assistant Secretary -t0 State of PENNSYLVANIA SS 15 cc County of MONTGOMERY m N O c 0 0h 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 `0 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=� d > therein contained by signing on behalf of the corporations by himself as a duty authorized officer. L10i W T� d M IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Icing of Prussia,Pennsylvania,on the day and year firs[above written. C C� F pqs �CD O PAS rp4M, JF! COMMONWEALTH OF PENNSYLVANIA O OF Teresa PT".. ,Natmy Pudic O m y UPPar Marion +'P..Manl9anwry Corinth By: N n M Coon .E�W.Wy 2a,M21 3 c m yyr— v eraser Pastl?Da,Notary Publk 0 r0 �v1 `?qHY lT1gy� M,mnv.^amaM'ad�Mwvev,W Nounes y O t0 N a1`m This Power of Abomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual o c Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: `0 W T Ed ARTICLEN—OFFICERS:Section 12.Power of Anomey. 3 o Any oficer or Other official of the Corporation authorized for that purpose in writing by the Chairman or the President and subject to such fimitation as the Chairman or the -o President may prescribe,shall appoint such momeysin-tad,as may be necessary to act in behalf of the Corporation to make,execute.seal,acknowledge and deliver as surety >o to C any and an undertakings,bonds,recognizances and other surety obligations.Such aaomeysJn-fad,subject to the limitations set forth in their respective powers of attorney,shall r 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 E ru Z instruments shall be as binding as if signed by the President and aftesled to by the Secretary.Any power or authority granted to any representative or adomey- fact under the '? provisions of this article may be revoked at any time by the Board,the Chairman,the President a by the officer Or officers granting such power Or authority. o 0 ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and undertakings. 019 Any officer of the Company authorized for that purpose in writing by the chairman a the presidmL and subject to such limitations as the chairman a the president may prescribe, 1 shall appoint such adomeysmin-fad,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 more"-fad subject to the limitations set forth in their respective powers of attorney,shaft have but 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 if signed by the president and attested by the secretary. Certificate or Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such mOmeysin- 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.binds,recognizances and other surety obligations. Authorization—By unanimous consent of the Comparhy+s Board of Directors,the Company cortsents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary, The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby tinily that the original power of attorney of which the foregoing is a U,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 sealers of said Companies this 20th day of April 2021 ,`J+°°Mory�M1m 5JP°°N w`~i OPc�O�o~c J "° m r3 o n ¢ 3 m s J1912 0 1919 n s 7991 ^ R_t✓+syt/il�• o c By: daxgva'Ln°'�dD; _°�"+••'`aD; �s r+O�••n as Renee C.Uewellyn.Assistant becretary LMS-12873 LMIC OCIC WAIC MW6 L0 W2018 t'. 32- �' _ UffER11T10RAI CILB MIME BORDERS IK 3955 1 emescal Carryon Road O n Corona, CA 92883 * ** SE -l-D 1311)**** For the Traffic Signals iN16difications at Warner Avenue and Graham Street,Warner Avenue and Nichols Lane, Rrookhurst Street and Indianapolis Avenue C.C.No. 1548, 1550& 1625 in the CITY 017 1 1UNTINGTON BEACFI—DO NOT OPEN WITH REGULAR MAIL DELI VER TO TI 117 OFPICF OF T1IF CITY CLEM 200 MAIN 8TRITT, SECOND FLOOR City of Huntington Beach - 2000 Main Street • Huntington Beach, CA 92648 (714) 536-5227 ♦ «,%,w.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk August 9, 2021 Select Electric, Inc. 2790 Business Park Drive Vista, CA 92081 RE- Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue — CC Nos. 1548, 1550 & 1625 Enclosed please find your original bid bond for CC Nos. 1548, 1550 & 1625. 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 Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue— C.C. Nos. 1548, 1550 & 1625 in the CITY OF HUNTINGTON BEACH April 7, 2021 Notice To All Bidders: Please note the following clarification to the Project Plans, Specifications, and Special Provisions: 1) PLAN SHEET 2 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2) working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530. 2) PLAN SHEET 3 of 4 The following sentence is deleted from Pole Schedule Note 1, located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2) working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530. Addendum 1 — Page 2 3) PLAN SHEET 4 of 4 The following sentence is deleted from Pole Schedule Note 1. located below the pole schedule: All new equipment is city furnished. The following shall be inserted in place of the deleted sentence: All new equipment listed in the pole schedule will be City furnished, including anchor bolts. The contractor is to pick up the materials, with its own labor and equipment at the City Yard, 17371 Gothard Street. Two (2) working day notice shall be provided to the Traffic Signal Shop at (714) 536-5530. This is to acknowledge receipt and review of Addendum Numbe OF ne, dated a ve Select Electric, Inc. Company Name y 4/7/2021 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 Traffic Signal Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue - C.C. Nos. 1548, 1550 & 1625 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) SPECIFICATIONS - SECTION C - PROPOSAL - NOTARY CERTIFICATE Remove and replace sheet entitled "NOTARY CERTIFICATE", page C-10, with page entitled 'NOTARY CERTIFICATE Addendum 2". 2) SPECIFICATIONS - SECTION C - PROPOSAL - Bidder's Project History Remove and replace untitled sheet, page C-11, with page entitled "Bidder's Project History - Addendum 2". 3) SPECIFICATIONS - SECTION C - PROPOSAL - Bidder's Critical Staff Remove and replace untitled sheet, page C-12, with page entitled "Bidder's Critical Staff - Addendum 2". This is to acknowledge receipt and review of Addendum Num wo, date a ve. Select Electric, Inc. Company Name By 4i8/21 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 Traffic Signal Modifications at Warner Avenue and Graham Street. Warner Avenue and Nichols Lane and at Brookhurst Street and Indianapolis Avenue - C.C. Nos. 1548, 1550 8 1625 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) SPECIFICATIONS - SECTION C - PROPOSAL Page C-2 shall be added following Page C-1 and prior to Page C-2.1 This is to acknowledge receipt and review of Addendum N r Three, dated a ve/ 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. ADDENDUM 3 — Issued 4/13/21 Page C-2 ADDED 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 total 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 Na Date Received dder's Si\ a re 1 4/13/2021 2 4/13/2021 3 4/13/2021 C-2 CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the construction of Traffic Signals Modifications at I Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue C.C. No. 1548, 1550 & 1625 in the CITY OF HUNTINGTON BEACH 19: E3 �J J 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 BIDS DUE: April 20, 2021 2:00 PM, 2ND FLOOR City Clerk's Office SEAN CRUMBV, P.E., DIRECTOR DEPARTMENT OF PUBLIC WORKS SECTION C PROPOSAL for the construction of Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue C.C. No. 1548, 1550 &1625 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 50 working days, starting from the date of the Notice to proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will 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 SECTION C PROJECT BID SCHEDULE Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookburst Street and Indianapolis Avenue C.C. No. 1548, 1550 &1625 BID ITEMS Item:.. yK tw"Ar--F, l uiii aAPM I! I Mobilization I LS S 2.41 2-40 S 2A.3,40 2 Traffic Control I LS $A��s '*o $maccwi'00 Preparation of Project Specific Storm I LS SXAeq:0* S I.OiAfa 3 Water Pollution Prevention Plan (SWPPP) 4 Installation and Maintenance of BMP's per I LS $ iI&I-fo $ the approved SWPPP 5 Traffic Signal Modification at Warner I LS $,27AgK� S_111.10A' Avenue and Graham Street 6 Traffic Signal Modification at Warner I LS S!J�Q Sct%.vW'*o Avenue and Nichols Lane 7 Traffic Signal Modification at Brookhurst I LS $ $1VP'Z15l**o Street and Indianapolis Avenue 8 As-Built Plans I LS $I,WOf $ i.00'00 TOTAL BID AMOUNT $ 100. 1500-08 TOTAL BID AMOUNT IN WORDS: tour nurArtd -ryNfy-rtW. -*YNOuccuicl ityip 4m-cired nrirj. -LEX'O CLOCK 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 fight to reject any or all proposals and bid items. C-2.1 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. Bed Name and Address of Subcontractor State Class Dollar % of Items) License Amount Contract Number 2. lE C1C� �►Iir,�er;✓lo, A 5 1'nc- �0 >E3'l,�soo.00 n`°ret Apt SurttA'L .015.► G53 L0.0 /i7 w L3 5Mr4»son eI,ectriC Inc- 1 'L-)P r $vacyVLG% Park. or 045"B C'Io e3,cn5.00 ej v aych . GA R'Wbi , 5 svv?e nor ?aWew%en!- t�o� rAS C31 ID W re.% a+ G.{prat: CA l"11D b010 C 32 415j(0.00-I Qo 010 C sic 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 CA Dare City Slate 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 Name of Bidder i S' a $idde 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 Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue — C.C. No. 1548, 1550 & 1625, (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 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. 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 1 will comply with such provisions before commencing the performance of the work of this contract. Select Electric, Inc. C untractur y President 'Title Date: 4116/21 C-7 B11)DE12'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, , 2027 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 i 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. Select Electric, Inc. Compapy-NAmZ S=eremy ldder oriale Printed or Typed Signature Subscribed and sworn to before me this 16 day of April 2021 DlaNa L.OwENS Notary Public-Calftnia • �' Los Anteift County Cwnmissbn a 7ZW976 NY Comm.Expires Wy]. loll NOTARY PUBLIC WdRfl.� NOTARY SEAL C-9 NOTARY CERTIFICATE Addendum 2 Subscribed and sworn to before me this day of , 202. 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 truthfu/lnness, accuracy, or validity of that document. Stateoflla,161 IA ) County of" �� t� ) l On 4' I Ln` A before me,ht6=—Lt1Wj21- I 1 Month, Day, and Year (� Insert Name and Title of Notary personally appeared m La -p— ame(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), 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. CANAL.OWENS Notary Oubhc-Caldoma Los Ln"\ County €Commission gsia+0 1240976 - MY Comm.raplres Noy 7,2012 Signature Signature of Notary Public (PLACE NOTARY SEAL ABOVE) (Addendum 2 - Issued 4/08/21) ato Bidder's Project History — Addendum 2 For the purposes of this project, the bidder shall provide project history of similar work, specifically referencing the construction of traffic signal modifications, underground signal conduit, the installation of fiber optic cable for communication and curb ramp installation. 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 rears: 1. City of Oceanside - 300 North Coact Hwy Oceanside CA 99054 Name and Address of Public Agency Name and Telephone No. of Project Manager: Darra Woods - 760-435-5094 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 Traffir Signal Mod firafnn 2. CALTRANS - 100 S Main St Los Angeles CA 90012 Name and Address of Public Agency Name and Telephone No. of Project Manager: 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 (Addendum 2 — Issued 4/09/21) C-11 Bidder's Critical Staff— Addendum 2 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: 562-807-1860 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 $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 (Addendum 2 — Issued 4/08/21) 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/PublicWorks/SB854FactShoet_6.30.14.pdf DIR's Contractor Registration Link—Call (844) 522-6734 httpsJ/cfiling.dir.ca.gov/PWCR/ActionServlet?action=displayP W CRegish-ationForm DIR's Contractor Registration searchable database: https://efifing.dit.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. Select Electric, Inc. Cqatfaictor / i By President Title Date: 4/16/21 PWC Registration #: .....1.00001036............................................. C-13 Document A31OTM - 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name. legal status and piiucipalplaee eJLreeine.,'s) Fidelity and Deposit Company of Maryland Select Electric, Inc. 1299 Zurich Way, 5th Floor 2790 Business Park Drive g 60196-1056 This document consequences. important Schaumburg, IL legal consequences.Consultston Vista, CA 92081 Mailing Address for Notices with an attorney is encouraged 1299 Zurich Way, 5th Floor with respect to its completion or OWNER: Schaumburg, IL 60196-1056 modification. (Nmuc, legal stains and addn s) Any singular reference to City of Huntington Beach Contractor,Surety,owner or other party shall be considered 2000 Main Street plural where applicable. Huntington Beach, CA 92648 BOND AMOUNT: 10%, Ten Percent of Amount Bid PROJECT: (Nance.location or address.mid Projecotranber, ifmn9 Traffic Signals Modifications at Warner Avenue and Graham Street, Warner Avenue and Nichols Lane, Brookhurst Street and Indianapolis Avenue, C.C. No. 1548, 1550& 1625 The Contractor mid Soren•arc bound to the Owner in the amount set forth above.Cor the payment of which the Contractor and Surcry bind thenlsef•es,their licirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of fhis Bond arc such Ihat if the Owncr accepts the bid of the Contractor within the tinoc specified in the bid documents,or within such time period as nmy be aerccd to by the Owner and Contractor,and the Contractor tither(1)titers into a contract with the Olwncr in accordance with the terms Winich bid,and cues 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 noaterial furnished in the prosecution thereof:or(2)pays to the Owncr the difference, not to exceed tie amount of this Bond,between the amount specified in said bid mod such larger aniount for which tile Owner may in good faith contract,with another party to perlimn the work covered by said bid,shell this obll_gatioo shall be null and 1'tlld,lolhemise it,remain In toll force and ClIcel.TIiC Surety hereby,Valves any notice elf all abroenicnl between the Owner alld Contractor IU"tend the time 111 11'hich the 0micr may accept 111C bid. by lire Suret'shall IIUt apply In any exicilsion exceeding sixty(60)days in the aggregate beyond tie time IUr acceptance Ill bids Spe Cl lied in tire'bid documents,and the Owner and Contractor shall oblalll the Surely''s consent lbr all esictision beyond sixty(60)days. If this Bond is issued in connection with n subcontractors bid ton Contractor,the tern Contractor in this Bond shall be deenied to be Subcontractor and the term Owner shall be deemed to be Contractor. When[his nand has been limlislled to comply will)a statutory or other legal reyuimilient in the location of the Project any provision in this Baled conflicting 1\ith said.Statllory or legal rcquircnic n shall be declined deleted here rout and provisions conliI iong III such statutory or Usher legal rcgLlirelll Cnt shall be deemed incorporated IICrCill.When so InmlNhed.rile Intent is that Illis Bond shall be construed as a statutory bond lid not as a common law bond. Sicncd and scaled this 7th day of April, 2021. Select Electric. Inc. lP,i ncilm0 lll'itncssJ i- 1 v� ffftlt1� a areStQe�nt DIP (/ vv 10* 0�ri elit and Deposit Company of Ma land ,� s'�Pid is o (15veq) q (Seal (It'imee'.,q Kim Luu By) a �,n r (CI �i 1690 .� (Title)Heather Saltarelli Attorney-in-Fact 0, 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. ZEECE 10E i.z WITNESS my hand and official seal. Notary Public-Cahhrnla COoFnmm ia5sice Cim jjn S;ya l.J2 C Eo.,, m,ss 20Z Signature _ Sign u 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 1=i General i Partner — : Limited General Individual s Attorney in Fact Individual i- Attorney in Fact Trustee C! Guardian or Conservator 'Trustee _"I Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association • www.Nationa[Notary.org • 1-800-US NOTARY(1-800-876-6827) Item t15907 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 me, 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 namc(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 signature(s) on the instrument the DIANA I.O'NEN$ persons, or the entity upon behalf of which the person(s) Notary P. it, California ^` LosArselescounty _ acted, executed the instrument. Cammisslon!22a091E My Comm.Erplres.way 1,2022 ' L certifv under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ESS my hkd• d�ffi ocial seal. ;:� � (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it stay prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AITACFIED DOCUNIENr ❑ INDIVIDUAL © CORPORATE OFFICER Bid Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED 1 ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRus,rEE(s) ❑ GUARDIAN/CONSERVATOR ❑ orHER 4/7/21 DATE OF DOCUME.Nr SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IFS) SIGNER OTHER TFIAN NAMED ABOVE Bond Number Bid Bond Obligee City of Huntington Beach ZURICH AMERICAN INSURANCE COMPANY COLONIAL ADI F,RICAN CAS UA L FY AND S UR E FY COM PANT' FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF A'I`I'ORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH ASIERIGV`J INSURANCE COMPANY,a corporation of the State of New York, the COLONIAL rVMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF NIARYLVND 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 Heather Saltarelli its true and lawful agent and Attomey-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 A.NIMCAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF NIYRYLAND 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. 1N WITNESS WHEREOF, the said Vice-President has hereunto subscribed histher names and affixed the Corporate Seals of the said "ZURICH AMERICAN INSURANCE COMPANY, COLONIAL A\IERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT CO\IPA,NI'OF NIUtYl,:1ND,this 19th day of June,A.D. 2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANI' COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMP ANY OF MARI'L1ND v� �n BY: Robert D. Murray Vice President on;z N ;o' BY., Down E.Brown ;5a� tae or\era Secretary State of Maryland County of Baltimore On this 19th day of June, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified, Robert D. Alurray,Vice President and Dawn E.Brmvn,Secretary of the Companies,to me personally(mown to be the individuals and oMccrs described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly swom,deposeth and saith,that hdshe 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 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. L l TESTIMONY WHEREOF,1 have hereunto set my hand and affixed my Official Seal the day and year first above written. rlrll,:3,. �•p�MW1��a.(�AA/r�'�J Constance A.Dunn,Notary Public xi;ip;;pi•`�+`+ My Commission Expires:July 9,2023 4pum,a 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, recognirances, 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 umc." CERTIFICATE 1, the undersigned, Vice President of the ZURICH A\fERICAN 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 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 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 ANIERICA-V 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 10th day of\fay, 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 R7{EREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 7th day of April ,20211`. C Brian M. Hodges,Vice President TO REPORT A CLAIM WITH REGARD TO A SURE FY BONA, PLEASE SUB,A IT A CONI PLE'PE DESCRIPTION OF THE CLAM INCLUDING THE PRINCIPAL ON THE. BOND,THE BOND NU,XIBER.AND YOUR CONTACT INFORMATION TO: Zurich Surcty Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.rep4rsfclaims t zurichna.com 800-626-4577 SELECT E L EC T R I C. IN C. 2790 Business Park Drive NN j Vista,CA 92091 License#297034 A. B.C-7,C-10 Office of City Clerk,Second Floor 2000 Main St. Huntington Beach,CA 92648 j SEALED BID ENCLOSED OPEN ON APRIL 20, 2021 @ 2PM "TRAFFIC SIGNAL MODIFICATIONS FOR HUNTINGTON BEACH TRAFFIC SIGNAL MODIFICATIONS AT WARNER-GRAHAM C.C.NO.1548,1550 AND 1625" I'I{ DO NOT OPEN WITH REGULAR MAIL I