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HomeMy WebLinkAboutA8524 - ELECNOR BELCO ELECTRIC, INC. FOR CP15-21, TAHQUITZ CANYON WAY AND CIVIC DRIVE TRAFFIC SIGNAL INSTALLATIONpALMdA4'Z CITY OF PALM SPRINGS 4 CONTRACT CHANGE ORDER To: Elecnor Belco Electric, Inc. Date: August 27, 2021 14320 Albers Way Project No: CP 15-21 Chino, CA 91710 Project: Tahquitz/Civic Signal Change Order 1 (Final) Purchase Order 20-1329 CHANGES IN WORKICOST: Credit for City provided battery back up and video detection equip. Additional Signal pole and installation for Indian/Tahquitz Credit for reduction in SCE service conduits Illuminated street sign modifications Fiber Optic Splicing at Police Station Soil Compaction Testing for transformer pad Provide battery back up harnesses SUMMARY OF COSTS: Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Total Change Order/Net Decrease Amount: Original Contract Amount: $ 460,000.00 This Change Order: $ (23,375.92) Previous Change Order(s): $ 0.00 Revised Contract Amount: $ 436,624.08 [SIGNATURES ON NEXT PAGE] ($43,064.77) $19,308.82 ($7, 586.16) $2, 060.21 $3,334.85 $1,032.62 $1, 538.51 ($23,376.92) CP 15-21, Tahqutiz/Civic Signal Contract Change Order No. 1 Page 2 I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Elecnor Belco Electric, Inc. Signatu Alberto Garcia, President/ Printed Name and Title City of Palm Springs 917121 Date Recomm ed By: 1FL °igZ oel Montalvo, City Engineer Date Approved By:/fLo/�1 Justkh Clifton, CityManager Date APPROVED BY CITY COUNCL -� Dm, ,I, 52y Attest By: A,L-2t An4thonV ejia, Ci Clerk Date Distribution: Original Conformed Copy: Contractor (1) City Clerk (1) Conformed - File Co Engineering Pay File (1) Project City File (1) Purchasing (1) Finance (1) AGREEMENT (CONSTRUCTION CONTRACT)n THIS AGREEMENT made this -; day of ND > , 2020, by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and Elecnor Belco Electric. Inc., a California corporation, hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 --THE WORK For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s)for the Project entitled: TAHQUITZ CANYON WAY AND CIVIC DRIVE TRAFFIC SIGNAL INSTALLATION CITY PROJECT NO. 15-21 The Work comprises installation of a new traffic signal and electrical system complete,with associated improvements at the intersection of Tahquitz Canyon Way and Civic Drive;traffic striping and signage; removal and repair of existing improvements affected by construction; reconstruction/relocation of existing median island improvements, including curbs, landscaping, irrigation, and electrical system as necessary to extend and lengthen the existing left-turn pockets; asphalt concrete paving; construction of various concrete improvements including curb and gutter, curb ramps and spandrels; and all appurtenant work. ARTICLE 2 --COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay(but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL AGREEMENT FORM CITY PROJECT NO.15-21 AGREEMENT AND BONDS-PAGE 1 JANUARY 2020 damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Contractor written notice, pursuant to Section 6-8 of the Special Provisions. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety„ and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon such notice, City shall pay Contractor for Services performed through the date of termination in accordance with the Contract Documents. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. ARTICLE 3 -- CONTRACT PRICE BASE BID SCHEDULE +ADDITIVE BID SCHEDULE NO. 1 The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor's Bid Proposal is Four-Hundred SixtV Thousand Dollars ($460.000). Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work. ARTICLE 4--THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program — Good Faith Efforts, Non- Discrimination Certification, Non-Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications,Special Provisions,the Drawings,Addenda issued during bidding (if any), and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. TAHQUITZ CANYOWCIVIC DRIVE TRAFFIC SIGNAL AGREEMENT FORM CITY PROJECT NO.15-21 AGREEMENT AND BONDS-PAGE 2 JANUARY 2020 ARTICLE 5 -- MUTUAL OBLIGATIONS For and in consideration of the payments and agreements to be made and performed by the City;the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents. City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents. Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California. ARTICLE 6 -- PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents. ARTICLE 7 — NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice between the parties, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 8 -- INDEMNIFICATION The Contractor agrees to indemnify and hold harmless the City, and all of its officers and agents from any claims, demands, or causes of action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the Work undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of Section 7-15"Indemnification,"of the Special Provisions,which are hereby referenced and made a part hereof. Prevailing Wages. Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, at seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, at seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL AGREEMENT FORM CITY PROJECT NO.15-21 AGREEMENT AND BONDS-PAGE 3 JANUARY2020 r and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. ARTICLE 9 -- NON-DISCRIMINATION In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment,without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. ARTICLE 10 --MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies'that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. SIGNATURES ON NEXT PAGE TAHOUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL AGREEMENT FORM CITY PROJECT NO.15-21 AGREEMENT AND BONDS-PAGE 4 JANUARY 2020 r IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. CITY OF PALM SPRINGS, APPROVED BY THE CITY COUNCIL: CALIFORNIA Date By David H. Ready �Q@ City Manager Agreement No. 1^V .TIA ATTEST- :FPROVED BY CITY COUNCIL BY Ant ony . Meji APPROVED AS TO FORM: By Q �4Za � l Jefr6y S. BaWnger, City Attorney RECOMMENDE . Marcus L. uller, P.E., P.L.S. Assistant City Manager/City Engineer TAHOUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL AGREEMENT FORM CITY PROJECT NO.15-21 AGREEMENT AND BONDS-PAGE 5 JANUARY 2020 r CONTRACTOR = " By: Elecnor Belco Electric Inc. a California corporation = Firm/Company Name By: By: Signature(notarized) n t (n tarized) Name: Alberto Garcia Name: Jer ni Gervilla Title: President/CEO Title: CFO 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. (This Agreement must be signed in the above (This Agreement must be signed in the above space space by one having authority to bind the by one having authority to bind the Contractor to the Contractor to the terms of the Agreement.) terms of the Agreement.) State of 1 State of ) County of lss County of lss On On before me, before me, personally appeared personally appeared who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and subscribed to the within instrument and acknowledged to me that he/she/they executed the acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s)on the instrument that by his/her/their signatures(s)on the instrument the person(s),or the entity upon behalf of which the the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing laws of the State of California that the foregoing paragraph is true and correct. paragraph is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL AGREEMENT FORM CITY PROJECT NO.15-21 AGREEMENT AND BONDS-PAGE 6 JANUARY 2020 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 5-11-20 before me, Rebecca Wilks, Notary Public ere msen name an ❑t e o e o met personally appeared Alberto Garcia, Jeroni Gervilla r who proved to me on the basis of satisfactory evidence to be the person Dwhose names is/4go subscribed to the within instrument and acknowledged to me that he/sheAfi�S)executed the same in his/he el uthorized capacity es , and that by his/her el signatures on the instrument the person , or the entity upon behalf of which the person sBacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ■ REBECCA WILKS WITNESS my hand and official Seal. 7 Notary Public-California San Bernardino County Commission#2300424 j My Comm.Expires Aug 5,2023 Notary rublic Signature (Notary Public seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM.Zhisfonn complies with Mine;!Cn/ffonria statutes regarifrng notary sanding and, DESCRIPTION OF THE ATTACHED DOCUMENT ifneeded,should be completed and attached to the document.dclaroadedgments from other states may be completed for documents being sent to that state so long as the wording does not require the Ca/ifonata notary to rtolate Callfanio notary City of Palm Springs Contract law. (Title or description of attached document) • State and Calmly information most be the State and County where the document Tahquitz Canyon Way and Civic Dr signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization mast be Ole date that the signer(s)personally appeared which (Title or desed hon P of attached document continued) must also be the same date the acknowledgment is completed. • The notary public mast print his or her name as it appears within his or her Number of Pages_Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/thay;-is/are)or circling tine correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection ofdocmnent recording. EI Corporate Officer • TTre notary seal impression must be clear and photographically reproducible. Pres/CEO. CFO Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. s • Signature of the notary public must match the signature on file With the office of El Partner the county clerk. ❑ Attorney-in-Fact Additional information is not required bill 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 die signer. If the claimed capacity is a corporate officer,indicate die title(i.e.CEO,CFO,Secretary). vnvsv.NotaryClasses.ccm 8OM73-9865 • Securely attach this document to the signed document with a staple. WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am aware of the provisions of Section 3700 of the California 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 said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. Contractor Elecnor Belco Electric, Inc. c _ By Title Alberto Garcia, President/CEO TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL AGREEMENT FORM CITY PROJECT NO.15-21 AGREEMENT AND BONDS-PAGE 7 JANUARY 2020 lj Recording Requested By: City of Palm Sprngs When Recorded Mail To: Name Anthony J. Melia, City Clerk Street Address 3200 E. Tahquitz Canyon Way City & State Palm Springs, CA 92262 NOTICE IS HEREBY GIVEN THAT: 2021-0608045 10/14/2021 12:25 PR Fee: $ 0.00 Page 1 of 2 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder I�l��11111 5 SPACE ABOVE THIS LINE FOR RECORDERS USE NOTICE OF COMPLETION (CA Civil Code §§ 8180A190, 8100$118, 9200-9208) 1. The undersigned is an owner of an interest of estate in the hereinafter described real property, the nature of which interest or estate is: Fee (e.g. fee, leasehold, joint tenancy, etc.) 2. The full name and address of the undersigned owner or reputed owner and of all co -owners or reputed co -owners are: Name Street and No. City State City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 3. The name and address of the direct contractor for the work of improvement as a whole is: American Asphalt South, Inc., 19792 EI Rivino Road, Riverside, CA 92509 4. This notice is given for (check one): 0 Completion of the work of improvement as a whole. 0 Completion of a contract for a particular portion of the work of improvement (per CA Civ. Code § 8186). 5. If this notice is given only of completion of a contract for a particular portion of the work of improvement (as provided in CA Civ. Code § 8186). the name and address of the direct contractor under that contract is: Not Applicable 6. The name and address of the construction lender, if any, is: Not Applicable 7. On the 23rd day of September , 20 21 , there was completed upon the herein described property a work of improvement as a whole (or a particular portion of the work of improvement as provided in CA Civ. Code § 8186) a general description of the work provided: City Project 15-21 Tahquitz Canyon Way at Civic Drive Traffic Signal 8. The real property herein referred to is situated in the City of Palm Sprigs County of Riverside State of California, and is described as follows: New Traffic Signals and all appurtenant construction, including concrete access ramps and curbs, landscaping and asphaft paving. 9. The street address of said property is: New Traffic Signal were installed at the Intersection of Tahquitz Canyon Way and Civic Drive, Palm Springs CA, 92262 10. If this Notice of Completion is signed by the owner's successor in interest, the name and address of the successor's transferor is: Not applicable I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Z/ Date: By: r �J Signature of Owner or Owners Authorized Agent Joel Montalvo/City Engineer City of Palm Springs Page I of 2 V VERIFICATION I, Joel Montalvo , state: I am the City Engineer _ ("Owner, "President", 'Authorized Agent', "Partner, etc.) of the Owner identified in the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof,, the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 1-40 , Z4 L( (date), at Palm Springs (City). CA (state). S gnature of 0 er or 0 er Authorized Agent Joe ntalvo�ity ngmeer City of Palm Springs 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. OW TERRI HINZNotary Public - Callfc"la Riverside CocnryCommission;59a95y Comm. Expires J,, 25. 2C25 ' STATE OF CALIF NIA , JJ COUNTYOF i/�c'f'cSiC�C 6t/ .2l%.Z (date), before me, /e- / votary Public (name and title of officer) personally appeared 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 hislherhheir authorized capacity(ies), and that by his/herhheir 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 PURJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official Page 2 of 2 Signature CITY OF PALM SPRINGS CONTRACT CHANGE ORDER To: Elecnor Belco Electric, Inc. 14320 Albers Way Chino, CA 91710 CHANGES IN WORK/COST: Date: Project No: Project: Change Order Purchase Order Credit for City provided battery back up and video detection equip Additional Signal pole and installation for Indian/Tahquitz Credit for reduction in SCE service conduits Illuminated street sign modifications Fiber Optic Splicing at Police Station Soil Compaction Testing for transformer pad Provide battery back up harnesses SUMMARY OF COSTS: August 27, 2021 CP 15-21 Tahquitz/Civic Signal 1 (Final) 20-1329 Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Total Change Order/Net Decrease Amount: Original Contract Amount: $ 460,000.00 This Change Order: $ (23,375.92) Previous Change Order(s): $ 0.00 Revised Contract Amount: $ 436,624.08 [SIGNATURES ON NEXT PAGE] ($43,064.77) $19,308.82 ($7,586.16) $2,060.21 $3,334.85 $1, 032.62 $1,538.51 ($23,375.92) CP 15-21, Tahqutiz/Civic Signal Contract Change Order No. 1 Page 2 I have received a copy of this Change Order and the above AGREED PRICES are acceptable to Elecnor Belco Electric, Inc. Signatu Alberto Garcia, President/ Printed Name and Title City of Palm Springs 9/7/21 Date Recommended By: - j — L( oel Montalvo, City Engineer Date Approved By: 61/V.09 '/ ';� ( JustW Clifton, City lKnager Date APPROVED BY CRY COUNCIL �( --M —"4w%o akc"" 1. M A t lq Attest By: 672eL294 nthony Mejl , CI c Date Distribution: Original Conformed Copy: Conformed - File Copy: Contractor (1) Engineering Pay File (1) City Clerk (1) Project City File (1) Purchasing (1) Finance (1) AGREEMENT (CONSTRUCTION CONTRACT) THIS AGREEMENT made this 2; day of �-� , , 2020, by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and Elecnor Belco Electric, Inc., a California corporation, hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 --THE WORK For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled: TAHQUITZ CANYON WAY AND CIVIC DRIVE TRAFFIC SIGNAL INSTALLATION CITY PROJECT NO. 15-21 The Work comprises installation of a new traffic signal and electrical system complete, with associated improvements at the intersection of Tahquitz Canyon Way and Civic Drive; traffic striping and signage; removal and repair of existing improvements affected by construction; reconstruction/relocation of existing median island improvements, including curbs, landscaping, irrigation, and electrical system as necessary to extend and lengthen the existing left -turn pockets; asphalt concrete paving; construction of various concrete improvements including curb and gutter, curb ramps and spandrels; and all appurtenant work. ARTICLE 2 -- COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated TAHQUITZ CANYONICIVIC DRIVE TRAFFIC SIGNAL AGREEMENT FORM CITY PROJECT NO. 15-21 AGREEMENT AND BONDS - PAGE 1 JANUARY2020 damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. Termination Prior to Expiration of Term. City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Contractor written notice, pursuant to Section 6-8 of the Special Provisions. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon such notice, City shall pay Contractor for Services performed through the date of termination in accordance with the Contract Documents. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the Contract Officer. After such notice, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. ARTICLE 3 -- CONTRACT PRICE BASE BID SCHEDULE + ADDITIVE BID SCHEDULE NO. 1 The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor's Bid Proposal is Four -Hundred Sixty Thousand Dollars ($460,000). Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work. ARTICLE 4 -- THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program — Good Faith Efforts, Non - Discrimination Certification, Non -Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda issued during bidding (if any), and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL AGREEMENT FORM CITY PROJECT NO. 15-21 AGREEMENT AND BONDS - PAGE 2 JANUARY2020 ARTICLE 5 -- MUTUAL OBLIGATIONS For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents. City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents. Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California. ARTICLE 6 -- PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents. ARTICLE 7 -- NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice between the parties, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 8 -- INDEMNIFICATION The Contractor agrees to indemnify and hold harmless the City, and all of its officers and agents from any claims, demands, or causes of action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the Work undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of Section 7-15 "Indemnification," of the Special Provisions, which are hereby referenced and made a part hereof. Prevailing Wages. Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL AGREEMENT FORM CITY PROJECT NO. 15-21 AGREEMENT AND BONDS - PAGE 3 JANUARY 2020 and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. ARTICLE 9 -- NON-DISCRIMINATION In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. ARTICLE 10 -- MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. SIGNATURES ON NEXT PAGE TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL AGREEMENT FORM CITY PROJECT NO. 15-21 AGREEMENT AND BONDS - PAGE 4 JANUARY 2020 IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. CITY OF PALM SPRINGS, CALIFORNIA By David H. Ready City Manager AT m APPROVED AS TO FORM: By Jeer4y S. B nger, City Attorney RECOMMENDE v Marcus L. kuller, P.E., P.L.S. Assistant City Manager/City Engineer APPROVED BY THE CITY COUNCIL: Date 4 - 19-ZZ Agreement No. .-WI-HOVED PY CITY COUNCIL &95 I,M &-2f Zo2,o TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL AGREEMENT FORM CITY PROJECT NO. 15-21 AGREEMENT AND BONDS - PAGE 5 JANUARY2020 CONTRACTOR 0 Firm/Company Name By: _ s..,� By: Signature (notarized) n t (notarized) Name: Alberto Garcia Name: Jerjni Gervilla Title: President/CEO Title: CFO 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. (This Agreement must be signed in the above space by one having authority to bind the Contractor to the terms of the Agreement.) State of ) County of On before me, personally appeared 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 signatures(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 Notary Signature: Notary Seal: TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL CITY PROJECT NO. 15-21 JANUARY 2020 (This Agreement must be signed in the above space by one having authority to bind the Contractor to the terms of the Agreement.) State of ) County of )SS W before me, personally appeared 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 signatures(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. Notary Signature: Notary Seal: AGREEMENTFORM AGREEMENT AND BONDS - PAGE 6 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 5-11-20 before me, Rebecca Wilks, Notary Public itlere insert name and title of the oniicer personally appeared Alberto Garcia, Jeroni Gervilla who proved to me on the basis of satisfactory evidence to be the person sewhose nameGjs is re subscribed to the within instrument and acknowledged to me that he/she iDexecuted the same in his/he el uthorized capacityKEDk and that by his/her4EDsignature(@ on the instrument the person, or the entity upon behalf of which the person sacted, 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. RECA WILKS Notary WITNESS my hand and official seal. California _ ' San Bernardino County Commission 8 2300424 I My Comm. Expires Aug 5, 2023 z &4r— Notary Frublic Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT City of Palm Springs Contract (Title or description of attached document) Tahquitz Canyon Way and Civic Dr (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) 0 Corporate Officer Pres/CEO. CFO (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other :nn ry NotaryClasses.corn 800 87.3 £%3tia INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed. for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County infbnnation must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a cone na and then your title (notary public). • Print the name(s) of document signcr(s) who personally appear at the tine of notarization. • Indicate the correct singular or plural forms by crossing off incorrect tbrms (i.e. l/sheitha is /eme ) or circling the correct firms. Failure to correctly indicate this information may lead to rejection of documcut recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits. otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. . Additional inf'onnation is not required but could help to ensure this acknowledgment is not nvsused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CFO, CFO, Secretary). • Securely attach this document to the signed document with a staple. WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am aware of the provisions of Section 3700 of the California 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 said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. Contractor Elecnor Belco Electric, Inc. By Title Alberto G TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL CITY PROJECT NO. 15-21 JANUARY2020 President/CEO AGREEMENT FORM AGREEMENT AND BONDS - PAGE 7 Bond No. 9347032 PERFORMANCE BOND — PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS, WHEREAS, the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, as Obligee, (hereinafter referred to as the "City"), has awarded to the undersigned Contractor, (hereinafter referred to as the "Contractor"), an agreement for the work described as follows: TAHQUITZ CANYON WAY AND CIVIC DRIVE TRAFFIC SIGNAL INSTALLATION CITY PROJECT NO. 15-21 (hereinafter referred to as the "Public Work"); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the "Contract'), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof, and to provide a bond both for the performance and guaranty thereof. NOW, THEREFORE, we, the undersigned Contractor, as Principal, and: Fidelity and Deposit Company of Maryland a corporation organized and existing under the laws of the State of Illinois and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the sum of Four Hundred Sixty Thousand and 001100 Dollars ($ 460,000.00 ), said sum being not less than 100 percent of the total amount payable by the City under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the bounden Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Contract and any alteration thereof made as therein provided, on his or its parts, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the City, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the Contract, or to the Public Work or to the Specifications. No final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL PERFORMANCE BOND CITY PROJECT NO. 15-21 AGREEMENT AND BONDS - PAGE 8 JANUARY 2020 PERFORMANCE BOND — PUBLIC WORKS (CONTINUED) Contractor and Surety agree that if the City is required to engage the services of an attorney in connection with enforcement of the bond, each shall pay City's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. SIGNED AND SEALED, this 4th day of May , 20_2g CONTRACTOR: Elecnor Belco Electric, Inc. Check one: individual, _ partnership, X corporation (This Performance Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Performance Bond.) CONTRACTOR: Elecnor Belco Electric, Inc. SURETY: Fidelity and Deposit Company of Maryland By: By q `1 signature signature (NOTARIZED) (NOTARIZED) Print Name and Title: Print Name and Title: Donna M. Planeta, Attorney -in -Fact By submitting this Performance Bond, the Contractor and Surety acknowledge the provisions of the Contract Documents with regard to Section 6-4 "Default by the Contractor", as further amended by the Special Provisions. TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL PERFORMANCE BOND CITY PROJECT NO. 15-21 AGREEMENT AND BONDS - PAGE 9 JANUARY 2020 PERFORMANCE BOND — PUBLIC WORKS (CONTINUED) $3.87 for the first $100,000 $3.42 for the next $360,000 The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ 1,618.00 (The above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California if different from above) (Telephone Number of Surety and Agent or Representative for service of process in California) TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL CITY PROJECT NO. 15-21 JANUARY 2020 Zurich American Insurance Company Attn: Surety Dept., 600 Red Brook Blvd Owings Mills, MD, 21117 Margaret Hentz 777 South Figueroa St.. Ste 3900 Los Angeles, CA 90017 Zurich American Insurance Company: 410-559-8705 Margaret Hentz: (213-270-0757) PERFORMANCE BOND AGREEMENT AND BONDS - PAGE 10 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 5-11-20 before me, Rebecca Wilks, Notary Public , ere insert name and a of t Me o trey personally appeared Alberto Garcia, Jeroni Gervilla who proved to me on the basis of satisfactory evidence to be the person sewhose nameGs is re subscribed to the within instrument and acknowledged to me that he/sheAtDexecuted the same in his/he el uthorized capacity4gD and that by his/her el signature(@ on the instrument the persorl((s , or the entity upon behalf of which the person Bacted, 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. �, o, REBECCA WILKS WI ESS my hand and official seal. `..:. Notary Public - California = S c San Bernardino County = Commission = 2300424 My Comm. Expires Aug 5, 2023 Notary Public Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT City of Palm Springs Perf Bond 9347032 (Title or description of attached document) Tahquitz Canyon Way and Civic Dr (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) p Corporate Officer Pres/CEO. CFO (Title) D Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other s.nrv.NotaryClasses.cca,>n $�i0�$7;�..ra86$ INSTRUCTIONS FOR COMPLETING THIS FORM This form Complies with can ent California statutes regarding notaq wording and, if needed, should be completed and attached to the document..4chiowledgnents from other states may be completed. fordocuments being sent to that state so long as the ,cording does not require the Califon ilia notarn to riolate California notary lax. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the ack-nowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who pLisonally appear at the time of notarii,3tion. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lea/sliei4hu y- is ; a+e ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of docmncrnt recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not tnisused or attached to a different document. Indicate title or t, pe of attached document; number of pages and date. Indicate the capacity claimed by the signer, if the claimed capacity is a corporate officer, indicate the title (i.e. CFO, CFO; Secretary). • Securely attach this document to the signed document with a staple. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Connecticut State of OaWorx�zx County of Hartford On May 4, 2020 before me, Brendan Fletcher, 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. BRENDAN FLETCHER NOTARY PUBLIC - CT 180833 My Commission ExpiresaFeb 28, 2025 Signature (Seal) Notary Public 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, Joshua SANFORD, Aimee R. PERONDINE, Danielle D. JOHNSON, Michelle Anne MCMAHON, Bethany STEVENSON, Bryan M. CANESCHI, Kristopher PISANO, Rebecca M. STEVENSON, Nicholas TURECAMO and Tanya NGUYEN, all of Hartford, Connecticut, EACH, 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 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 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 4th day of October, A.D. 2019. - AL �a brae SEAL ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 4th day of October, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, dcposcth 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 officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time. CERTIFICATE 1, the undersigned, 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 bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 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 attomey 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 4th day of may ,N2020 2. INAL_� Q: Brian M. Hodges, Vicc President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfclaims(-o)zurichna.com 800-626-4577 Bond No. 9347032 PAYMENT BOND — PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS, WHEREAS, the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, as Obligee, (hereinafter referred to as the "City"), has awarded to the undersigned Contractor, (hereinafter referred to as the "Contractor"), an agreement for the work described as follows: TAHQUITZ CANYON WAY AND CIVIC DRIVE TRAFFIC SIGNAL INSTALLATION CITY PROJECT NO. 15-21 (hereinafter referred to as the "Public Work"); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the "Contract"), which Contract is incorporated herein by this reference; and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 9550 of the California Civil Code. NOW, THEREFORE, we, the undersigned Contractor, as Principal, and: Fidelity and Deposit Company of Maryland a corporation organized and existing under the laws of the State of Illinois and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City, and to any and all persons, companies, or corporations entitled to file stop payment notices under Section 9100 of the California Civil Code, in the sum of Four Hundred Sixty Thousand and 00/100 Dollars ($ 460,000.00 ), said sum being not less than 100 percent of the total amount payable by the City under the terms to the said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Sections 9550 through 9560 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies, and corporations entitled to serve stop payment notices under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL PAYMENT BOND CITY PROJECT NO. 15-21 AGREEMENT AND BONDS - PAGE 12 JANUARY 2020 PAYMENT BOND — PUBLIC WORKS (CONTINUED) The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additions to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the Specifications. No final settlement between the City and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Contractor and Surety, an admitted surety insurer, further agree that if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum. SIGNED AND SEALED, this 4th day of May , 2020. CONTRACTOR: Elecnor Belco Electric. Inc. Check one: individual, partnership, X corporation (This Payment Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Payment Bond.) EXECUTED FOR THE CONTRACTOR: EXECUTED FOR THE SURETY: By: Elecnor Belco Electric, Inc. signature (NOTARIZED) Print Name and Title: By: OTARIZED) Print Name and Title: y C ED By Fidelity and Deposit Company of Maryland signature (NOTARIZED) Print Name and Title: Donna M. Planeta, Attorney -in -Fact TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL PAYMENT BOND CITY PROJECT NO. 15-21 AGREEMENT AND BONDS - PAGE 13 JANUARY 2020 N PAYMENT BOND — PUBLIC WORKS (C(�?NTINUED) $3.87 for he first $100,000 $3.42 for the next $360,000 The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ 1,618.00 (The above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California if different from above) (Telephone Number of Surety and Agent or Representative for service of process in California) TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL CITY PROJECT NO. 15-21 JANUARY 2020 Zurich American Insurance Com Attn: Surety Dept., 600 Red Brook Blvd Owings Mills, MD, 21117 Margaret Hentz 777 South Figueroa St., Ste 3900 Los Angeles. CA 90017 Zurich American Insurance Company: 410-559-8705 Margaret Hentz: (213-270-0757) PAYMENT BOND AGREEMENT AND BONDS - PAGE 14 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 5-11-20 before me, Rebecca Wilks, Notary Public , ere insert name of me oncet personally appeared Alberto Garcia, Jeroni Gervilla who proved to me on the basis of satisfactory evidence to be the person §Dwhose nameO ist(Eer subscribed to the within instrument and acknowledged to me that he/sheAJEDexecuted the same in his/he el uthorized capacity es and that by his/her el signature(@ on the instrument the persoro, 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. W-AwAb-Ahj o. REBECCA W1LKS WI Ny San Bernardino CouESS m hand and official seal. )�= ' Notary Public • o CoCalurma - nty ! _ Commission 3 2300522023 My Comm. Expires Aug Notary ublic Signature (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT City Palm Springs Payment Bond 9347032 (Title or description of attached document) Tahquitz Canyon Way and Civic Dr (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) I] Corporate Officer Pres/CEO, CFO (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other .., ,,v,NotaryClasses,w n 8,30 873 9865 INSTRUCTIONS FOR COMPLETING THIS FORM This_form complies with current C'alifarrrta statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknowledgments from other states may be completed for documents being seat to that state so long as the wording does not require the C•alifar aia notary to violate California notary law. • State and County information must be the State and Comity where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appearLd which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his.or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/shei4*y- is let* ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If'seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional informatics is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CIO. CFO. Secretary). • Securely attach this document to the signed document with a staple. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Connecticut State of ZeMw>tizx County of Hartford On May 4, 2020 before me, Brendan Fletcher, 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. BRENDAN FLETCHER NOTARYPUBLIC - CT 180835 My Commission Expires Feb 28, 2U25 Signature_z:� (Seal) LIZ Notary Public 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, Joshua SANFORD, Aimee R. PERONDINE, Danielle D. JOHNSON, Michelle Anne MCMAHON, Bethany STEVENSON, Bryan M. CANESCHI, Kristopher PISANO, Rebecca M. STEVENSON, Nicholas TURECAMO and Tanya NGUYEN, all of Hartford, Connecticut, EACH, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN 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 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 4th day of October, A.D. 2019. ��1' �S pOIIp 3 moo\ 00! o�O. SEAL i f� ,p is6\ 1YGB i nr a A� •�.« a+`"'� s AMA ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 4th day of October, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she 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 TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 101 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by 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 scat 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 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 bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of 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 4th day of May 2020 86AL ' ' t '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 BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfclaims(&zurichna.com 800-626-4577 Disdosare 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://www.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-ACVV (06111) Page 1 of 1 BID DOCUMENTS Only the following listed documents, identified in the lower right corner as "Bid Forms" shall be fully executed and submitted with the Bid at the time of opening of Bids. Bid (Proposal) Bid Schedules List of Subcontractors Local Business Preference Program Good Faith Efforts Non -Collusion Declaration Non -Discrimination Certification Bid Bond (Bid Security Form) Bidder's General Information Public Integrity Disclosure Form Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non -responsive and subject to rejection. TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL CITY PROJECT NO. 15-21 COVER SHEET JANUARY 2020 BID FORMS -PAGE 1 BID PROPOSAL BID TO: CITY OF PALM SPRINGS, CALIFORNIA The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: TAHQUITZ CANYON WAY AND CIVIC DRIVE TRAFFIC SIGNAL INSTALLATION CITY PROJECT NO. 15-21 Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): Number Date Number Number Number Number Number Number Date Date Date Date Date Date Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL CITY PROJECT NO. 15-21 BID PROPOSAL JANUARY 2020 BID FORMS -PAGE 2 In conformance with the current statutory requirements of Califomia Labor Code Section 1860, et seq., the undersigned confirms the following as its certification: 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, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non -Collusion Declaration, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated : 3/11 /2020 Bidder: Elecnor Belco Electric, Inc. By: John Won (Signature) Title: Vice President TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL BID PROPOSAL CITY PROJECT NO. 15-21 JANUARY 2020 BID FORMS -PAGE 3 BASE LUMP SUM BID SCHEDULE TAHQUITZ CANYON WAY AND CIVIC DRIVE TRAFFIC SIGNAL INSTALLATION CITY PROJECT NO. 15-21 Description Tahquitz Canyon Way and Civic Drive traffic signal installation, complete and in place as shown on the traffic signal plan, including, but not limited to- installation of new traffic signal poles and equipment; installation of Model 2070 ATC controller assembly with Type 332 cabinet on new foundation; installation of Type III-AF service equipment enclosure including coordination with Southern California Edison; installation of Model R409 LED Edge -Lit IISNS; installation of various traffic signs; installation of conductors and conduit; installation of an Iteris video detection system, and associated equipment; removal and repair of existing improvements affected by construction; reconstruction of all curb ramps, curb and gutter, and spandrels affected by traffic signal installation, traffic striping and markings; traffic control; mobilization; and all other appurtenant work. The Base Lump Sum Bid Schedule does not include work related to extending the left turn pockets on the Tahquitz Canyon Way median. TOTAL BASE LUMP SUM BID PRICE For the lump sum price of: $ 35 , 000. 00 (Price in figures) YD C���-ts (Price in words) Ze SPECIAL ACKNOWLEDGEMENT: The Lump Sum Price identified in this Bid Schedule identifies and commits the Bidder to a "Firm Fixed Price" cost, and all other incidental or additional costs required to complete the work as identified in the technical specification requirements. The Lump Sum Price is inclusive of all other costs, including all materials, supplies, labor, vehicles, equipment and ancillary costs required to complete the work. Elecnor Belco Electric, Inc. Name of Bidder or Firm TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL CITY PROJECT NO. 15-21 JANUARY 2020 BASE LUMP SUM BID SCHEDULE BID FORMS - PAGE 4 ADDITIVE LUMP SUM BID SCHEDULE NO.1 TAHQUITZ CANYON WAY AND CIVIC DRIVE TRAFFIC SIGNAL INSTALLATION CITY PROJECT NO. 15-21 Description All work required to modify the existing landscaped median islands as required to extend/lengthen the left -turn pockets to a total length of 170 feet as shown on the drawings. The work includes: removal of existing asphalt concrete pavement, removal of existing curb, removal and relocation of existing irrigation and electrical systems, removal and relocation of existing landscaping, construction of new median curb, construction of new asphalt concrete pavement, painting new 8 inch white thermoplastic channelizing line (Caltrans Detail 38), and all appurtenant work TOTAL ADDITIVE LUMP SUM BID SCHEDULE NO. 1 PRICE For the lump sum price of: 107:� ,OOO. 00 (Price in figures) 6�r�. hv►►Ld►-24.cA seYer-ANiays.,< oNor ,, (Price in words) TOTAL BID PRICE (SUM OF BASE LUMP SUM BID + ADDITIVE LUMP SUM BID) [THIS IS THE BASIS OF AWARD] For the lump sum price of: y U0 , 0 00 . O O �^ (Price in figures) ur Iivnokned s i x4,q •.�tioue--^ -L (Price in words) Elecnor Belco Electric, Inc. Name of Bidder or Firm TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL CITY PROJECT NO. 15-21 ADDITIVE LUMP SUM BID SCHEDULE NO. 1 JANUARY 2020 BID FORMS - PAGE 5 BIDDER'S LIST OF SUBCONTRACTORS As required under Section 4104 of the Public Contract Code, the Bidder shall list below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non -responsive and may cause its rejection. Special Note: The Prime Contractor shall perform not less than 50% of the Work identified in this Bid. In the event a Bidder lists subcontractors who will perform Work under this Bid in excess of 50% of the Work identified in this Bid, the Bid shall be considered non -responsive. A. BIDDER'S PORTION OF WORK Page 1 of Z 1. Name of Prime Contractor: Elecnor Belco Electric, Inc. 2. Bid Items / Portion of Work to be Self -Performed (if less than 100% of the contract): t3 i d Um t,30.1 - 64cvwi c-a I 3. Dollar Amount of Work Self- 4. Percentage of Work Self- 5. Date: Performed: 00 Performed: 3/11/2020 By signing the Bid Form, Contractor hereby certifies that it will perform not less than 50% of the Contract Work with its own forces. B. LIST OF SUBCONTRACTORS 1. Type of Subcontractor (Check One) First Tier; ❑ Second Tier; ❑ Supplier; ❑ Service Contractor (e.g. Trucking) 2. Subcontractor Name: AM )twUZvl Con As ha t 3. Address: T . 0 22 01 C A . 10" 4. Bid Items/Portion of Work: J;idt 14ew N0. Z - Civil 5. Phone No.: 6. Contractor's License No.: 7. Annual Gross Receipts: Zt%_'0-t3 0<$1M ❑<$5M ❑<$10M ❑ < $15M N> $15M 8. Amount of Contracted Work: 9. DIR Public Works Contractor Registration No: * 14 00000 10000 p 10S*I 10. Percentage of Contracted Work: 11 DBE Firm? ❑ Yes X No 12. DBE Certification No.: TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL CITY PROJECT NO. 15-21 LIST OF SUBCONRACTORS JANUARY 2020 BID FORMS - PAGE 6 BIDDER'S LIST OF SUBCONTRACTORS - (Continued) Copy this page as needed to provide a complete listing. Page L of Z- 1. Type of Subcontractor (Check One) lid. First Tier; ❑ Second Tier; ❑ Supplier; ❑ Service Contractor (e.g. Trucking) 2. Subcontractor Name: lu U �,rigr gVQWI?�VL� 1�J1Ar�G�V! S 3. Address: P. 0 LA-15 Q �auvviwtt CA. 222:5 4. Bid Items/Portion of Work: p„d iveyo No. 1. - 5- -V i r,* 5. Phone No.: 6. Contractor's License No.: 7. Annual Gross Receipts: CLOT-fs4s-7+pq t:+(030(v 0<$1M ❑<$5M ❑<$10M ❑ < $15M X> $15M 8. Amount of Contracted Work: 4, u 9. DIR Public Works Contractor Registration No: 01 3. 0 0 1 0000014-ft r 0. Percentage of Contracted Work: 11. DBE Firm? ❑ Yes P1 No 12. DBE Certification No.: 1-/ 1. Type of Subcontractor (Check One) ❑ First Tier; ❑ Second Tier; ❑ Supplier; ❑ Service Contractor (e.g. Trucking) 2. Subcontractor Name: 3. Address: 4. Bid Items/Portion of Work: 5. Phone No.: 6. Contractor's License No.: 7. Annual Gross Receipts: ❑ < $1 M ❑ < $5M ❑ < $10M ❑ < $15M ❑ > $15M 8. Amount of Contracted Work: 9. DIR Public Works Contractor Registration No: 10. Percentage of Contracted Work: 11. DBE Firm? ❑ Yes ❑ No 12. DBE Certification No.: 1. Type of Subcontractor (Check One) ❑ First Tier; ❑ Second Tier; ❑ Supplier; ❑ Service Contractor (e.g. Trucking) 2. Subcontractor Name: 3. Address: 4. Bid Items/Portion of Work: 5. Phone No.: 6. Contractor's License No.: 7. Annual Gross Receipts: ❑ < $1 M ❑ < $5M ❑ < $10M ❑ < $15M ❑ > $15M 8. Amount of Contracted Work: 9. DIR Public Works Contractor Registration No: 10. Percentage of Contracted Work: 11. DBE Firm? ❑ Yes ❑ No 12, DBE Certification No.: TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL CITY PROJECT NO. 15-21 LIST OF SUBCONRACTORS JANUARY 2020 BID FORMS - PAGE 7 LOCAL BUSINESS PREFERENCE PROGRAM - GOOD FAITH EFFORTS City Project No. 15-21 Bid Opening Date: March 17, 2020 The contract for this project is subject to the provisions of Palm Springs Ordinance No. 1756, and Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference Program", subsection (5) "Local Preference in Public Works Contracts (Sub -Contracting)", which states: The prime contractor shall use good faith efforts to sub -contract the supply of materials and equipment to local business enterprises and to sub -contract services to businesses whose work force resides within the Coachella Valley. The prime contractor shall submit evidence of such good faith efforts at the time of submission of bids. Good faith efforts may be evaluated by placing advertisements inviting proposals in local newspapers, sending request for proposals to local sub- contractors, or by demonstrating that no local sub -contracts are qualified to perform the work or supply the materials or equipment. Any notice inviting bids which may require the use of sub- contractors shall include notification of this subsection. The City Council or Director may reject as non -responsive the bid of any contractor proposing to use sub -contractors that fail to comply with the requirements of this subsection. FAILURE TO IDENTIFY GOOD FAITH EFFORTS ON THESE FORMS MAY BE SUFFICIENT CAUSE TO FIND THE BID NON -RESPONSIVE. BIDDERS SHALL ENSURE ALL APPROPRIATE GOOD FAITH EFFORTS ARE IDENTIFIED. Bidders shall provide sufficient information to demonstrate that they have made good faith efforts to comply with Palm Springs Ordinance No. 1756. In the event no local firm (as defined in Ordinance No. 1756) is listed as a subcontractor on the "List of Subcontractors" submitted with its Bid, Bidders shall identify local subcontractors not required to be identified on the List of Subcontractors, and/or shall identify local firms with whom the Bidder has solicited to furnish materials and supplies for incorporation into the work of this project. Local Subcontractors not listed on the List of Subcontractors: lei 1� YN or 01 V� Local firms that will furnish materials or supplies to the Bidder for this project: TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL LOCAL BUSINESS PREFERENCE PROGRAM CITY PROJECT NO. 15-21 JANUARY 2020 GOOD FAITH EFFORTS BID FORMS - PAGE 8 LOCAL BUSINESS PREFERENCE PROGRAM - GOOD FAITH EFFORTS (CONTINUED) In the event no local firms (as defined in Ordinance No. 1756) will provide services, or furnish materials and supplies to the Bidder for this project, the Bidder shall provide information sufficient to demonstrate good faith efforts to do so. Examples of information accepted by the City to demonstrate good faith efforts shall be included below: A. The names and dates of each publication in which a request for participation by local firms for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to local firms soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the local firms were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of firms Solicited Date of Initial Solicitation Follow Up Methods and Dates TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL LOCAL BUSINESS PREFERENCE PROGRAM CITY PROJECT NO. 15-21 JANUARY 2020 GOOD FAITH EFFORTS BID FORMS -PAGE 9 C. The items of work which the bidder made available to local firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate participation by local firms. Items of Work Bidder Breakdown of Items Amount Percentage Normally M Of Performs Item Contract (YIN) D. The names, addresses and phone numbers of rejected local firms, the reasons for the bidder's rejection of the local firms, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each firm if the selected firm is not a local firm: Names, addresses and phone numbers of rejected local firms and the reasons for the bidder's rejection of the local firms: Names, addresses and phone numbers of firms selected for the work above: N/A NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL CITY LOCAL BUSINESS PREFERENCE PROGRAM CPROJECT NO. 15-21 ITY RY PROJECT GOOD FAITH EFFORTS JANBID FORMS - PAGE 10 NON -COLLUSION DECLARATION The undersigned declares: I am the Vice President (Title of Officer) party making the foregoing bid. of Elecnor Belco Electric, Inc. the (Firm/Company) The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. 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 March 11, 2020 , at Chino , California (Date) (City) (State) John Won nature TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL CITY PROJECT NO. 15-21 JANUARY 2020 NON -COLLUSION DECLARATION BID FORMS - PAGE 11 CERTIFICATION OF NON-DISCRIMINATION BY CONTRACTORS In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter an agreement with Contractor, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer,, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. We agree specifically: To establish or observe employment policies, which affirmatively promote opportunities for minority persons at all job levels. 2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. To take affirmative steps to hire minority employees within the company. FIRM Elecnor Belco Electric, Inc. NAME OF PERSON SIGNING TITLE OF PERSON SIGNING DATE March 11, 2020 Please include any additional information available regarding equal opportunity employment programs now in effect within your company. TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL CITY PROJECT NO. 15-21 NON-DISCRIMINATION CERTIFICATION JANUARY 2020 BID FORMS -PAGE 12 BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non -responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: Elecnor Belco Electric, Inc. 14320 Albers Way, Chino, CA 91710 2 3 Telephone Number: ( 9o9 ) 993-5470 Facsimile Number: ( 909 ) 993-5476 E-Mail: jwong@elecnor.com Tax Identification Number: 33-0768970 TYPE OF FIRM Individual Partnership X Corporation (State CA Minority Business Enterprise (MBE) Women Business Enterprise (WBE) Small Disadvantaged Business (SDB) Veteran Owned Business Disabled Veteran Owned Business CONTRACTOR'S LICENSE: Primary Classification A. B, C-10 State License Number(s) 738518 Supplemental License Classifications A, B, C-10 4. BUSINESS LICENSE: X Yes No License No 5. Surety Company and Agent who will provide the required Bonds: Name of Surety Erin Kiernan of Willis Tower Watson Address 10 State House Square, Floor 11 Hartford, CT 06103 20023021 Surety Company Willis Tower Watson Telephone Numbers: Agent ( 800) 843-5404 Surety ( 800 )843-5404 BIDDER'S GENERAL INFORMATION TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL BID FORMS - PAGE 18 CITY PROJECT NO. 15-21 JANUARY 2020 BIDDER'S GENERAL INFORMATION (Continued) 6. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm; also include all natural persons who have a financial interest greater than 5% in the Bidder's business entity. (Use additional sheet if required). Vice President - John Wong President - Alberto Garcoa de Los Angeles Secretary - Pedro Enrile 14320 Albers Way Treasurer - Jeroni Gervilla Chino, CA 91710 7. Number of years experience as a contractor in this specific type of construction work: 22 8. List at least three related projects completed to date a. Owner City of Victorville Address 14343 Civic Center Drive, Victorville, CA 92393 Contact Greg Heldreth Class of Work Traffic Signals and Fiber Optics Phone 760-955-5000 Contract Amount $447,220 Traffic Signal Improvements Project on Mojave Dr at East Trail Date Completed March 2018 Contact Person Greg Heldreth Telephone number 760-955-5000 b. Owner City of Diamond Bar Address 21810 Copley Dr. Diamond Bar CA 91765 Contact Christian Malpica Class of Work Traffic Signals and Fiber Optics Phone 909-839-7042 Contract Amount $389,928 Traffic Signal Infrastructure Project Upgrades Phase III Date Completed September 2018 Contact Person Christian Malpica Telephone number 909-839-7042 C. Owner City of Mission Viejo Address 200 Civic Center, Mission Viejo, CA 92691 Contact Phillip Nitollama Class of Work Traffic Signals Phone 949-470-3068 Contract Amount $357,100 Olympiad and Felipe Rd. Project Traffic Signal Infrastructure Date Completed September 2018 Contact Person Phillip Nitollama Telephone number 949-470-3068 9. Name of Project Manager/Superintendent: T. B. D. - Project Manager/ Ralph Antuna - Superintendent 10. Name(s) of person(s) who inspected job site: Ralph Antuna BIDDER'S GENERAL INFORMATION TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL BID FORMS - PAGE 19 CITY PROJECT NO. 15-21 JANUARY2020 PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1. Name of Entity Elecnor Belco Electric, Inc. 2. Address of Entity (Principle Place of Business) 14320 Albers Way, Chino, CA 91710 3. Local or California Address (if different than #2) 4. State where Entity is Registered with Secretary of State California If other than California, is the Entity also registered in California? Yes No 5. Type of Entity Corporation ❑ Limited Liability Company Partnership Trust Other (please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and otherfiduciaries for the member, manager, trust orotherentity Alberto Garcia de Los Angeles x Officer Director ❑ Member Manager [name] General Partner ❑ Limited Partner - Other John Wong l9 Officer Director ❑ Member . Manager [name] General Partner ❑ Limited Partner Other Jeroni Gervilla x Officer Director ❑ Member Manager [name] General Partner ❑ Limited Partner Other CITY OF PALM SPRINGS — PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page i of 2 TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL PUBLIC INTEGRITY DISCLOSURE FORM CITY PROJECT NO. 15-21 BID FORMS - PAGE 20 JANUARY 2020 7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity A. [name of owner/investor] [name of official with whom owner/investor has material financial relationship] FOR RELATIONSHIP A, EXPLANATION OF THE RELATIONSHIP: B. [name of owner/investor] [name of official with whom owner/investor has material financial relationship] FOR RELATIONSHIP B, EXPLANATION OF THE RELATIONSHIP: C. [name of owner/investor] [name of official with whom owner/investor has material financial relationship] FOR RELATIONSHIP C, EXPLANATION OF THE RELATIONSHIP: I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Disclosing Party, Printed Name, Title I Date , John Wong / Vice President 1 3/11/2020 L)CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 2 of 2 TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL PUBLIC INTEGRITY DISCLOSURE FORM CITY PROJECT NO. 15-21 BID FORMS - PAGE 21 JANUARY 2020 BID BOND KNOW ALL MEN BY THESE PRESENTS, That Elecnor Belco Electric, Inc. as Principal, and Fidelity and Deposit Company of Maryland as Surety, are held and firmly bound unto the City of Palm Springs, California, hereinafter called the "City" in the sum of: Ten Percent of Amount Bid (10%) dollars (not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said City to perform the Work required under the Bid Schedule(s) of the City's Contract Documents entitled: TAHQUITZ CANYON WAY AND CIVIC DRIVE TRAFFIC SIGNAL INSTALLATION CITY PROJECT NO. 15-21 NOW THEREFORE, if said Principal is awarded a Contract by said City, and within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the Form of Agreement included with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said City, and City prevails, said Surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this 19th day of February 2020. EXECUTED FOR THE PRINCIPAL: Elecnor Belco Electric, Inc. -A Ignature N TARIZED) Print Name and Title: By Signature (NOTARIZED) Print Name and Title: Al t G�tecka r1z ks (�r�kclas ir�S�ci Y1� EXECUTED FOR THE SURETY: Fidelity and Deposit Company of Maryland By Signature (NOTARIZED) Print Name and Title: Donna M. Planeta, Attorney -in -Fact TAHQUITZ CANYON/CIVIC DRIVE TRAFFIC SIGNAL BID BOND (BID SECURITY FORM) CITY PROJECT NO. 15-21 JANUARY 2020 BID FORMS -PAGE 13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 truthfullness, accuracy or validity of that document. State of �OAt�`s<m(k County of _Cian I�Wn i it rw I On Hl-tkt (1 , ^L,-LI' before me, ���� ^, �1Y�i Notary Public Date Name and Title of Notary personally appeared c >�1rtVVYCgt (wA P t�egbC C"fCll?CIU ' IC,S MV�,I?.,0 Name and or Names of Signe s Who proved to me n the basis of satisfactory evidence to be the perso s) whose nam s�) Ish(r subscribed to the win instrument and ackniaMedgead to me that he/sheWhxecuted the same in ' her heir horized capaciand that by his/he their Igna ur (s on the instrument the person or the-erttify upon�alf of ELISA BETH LIM which the perso s) aicted, executed the instrument. Commission No. 2281937 NOTARY PUBLIC-CALIFORNIA I certify under PENALTY OF PERJURY under the laws of SAN BERNARDINO COUNTY the State of California that the foregoing paragraph is true My Comm. Expires MARCH 21,2023 and correct. Witness my ha Signature =!:N4o..,bl1ic Signature Place Notary Public Seal Above Though the information below is not required by law, it may prove valuable to the persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document 1 l�ti "� ���ml �PElytgs &Y\L Document Date Number of Pages: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner - ❑ Limited ❑ General _ ❑ Partner - ❑ Limited ❑ General ❑ Guardian or Conservator ❑ Guardian or Conservator El Attorney -in -Fact 7011ffimb Top of Ihumb ❑ Attorney -in -Fact ❑ Trustee ❑ Trustee ❑ Other: ❑ Other: Signer is representing Signer is representing 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 oaX iax County of Hartford On February 19, 2020 before me, Bethany Stevenson, 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 a official seal. BETHANY STEVENSON NOTARYPUBLIC- CT 177501 MY COMMISSION EXPIRES SEPT. 90, 2023 Signature (Seal) Notary Public 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, Joshua SANFORD, Aimee R. PERONDINE, Danielle D. JOHNSON, Michelle Anne MCMAHON, Bethany STEVENSON, Bryan M. CANESCHI, Kristopher PISANO, Rebecca M. STEVENSON, Nicholas TURECAMO and Tanya NGUYEN, all of Hartford, Connecticut, EACH, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN 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 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 4th day of October, A.D. 2019. �✓oy, R oyooaor, �+l 31 '_ SEAL ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President 4-- cvY . 4 CJL6t0\_ _. By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 4th day of October, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, dcposeth and saith, that he/she is the said officer of the Company aforesaid, and that the scats affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public �'7j� M Commission Expires: July 9, 2023 u,itMd EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomeys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time. CERTIFICATE 1, the undersigned, 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 bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 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 i 00{ day of -VeNQCUN4. a o@0 0- 8SA601 H Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www. reports fc laims(c7)zurichna. com 800-6264577 Page 1 of 2 ACOR D� CC . CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 05/01/2020 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 policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis Towers Watson Northeast, Inc. c/o 26 Century Blvd P.O. Box 305191 CONTACT Willis Towers Watson Certificate Center NAME: E (FAX PHCNNo, Ex : 1-877-945-7378 No: 1-888-467-2378 E-MAIL c ADDRESS: ertificates@willis. com INSURERS AFFORDING COVERAGE NAIC# Nashville, TN 372305191 USA INSURERA: Hartford Underwriters Insurance Company 30104 INSURED Elecnor Belco Electric, Inc. 14320 Albers Way INSURERB: Hartford Fire Insurance Company 19682 INSURERC: Navigators Insurance Company 42307 INSURERD: Markel Insurance Company 38970 Chino, CA 91710 INSURERE: Indian Harbor Insurance Company 36940 INSURER F: COVERAGES CERTIFICATE NUMBER: W16383042 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. INSR LTR TYPE OF INSURANCE 21=2= POLICY NUMBER MM/DD/YYYY MM/D YYYY LIMITS X COMMERCIALGENERALLIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE FX1 OCCUR DAMAGE TO RENTED (Ea occurrence) $ 100,000 -PREMISES MED EXP (Any one person) $ 10,000 A Y 10 UEA HF1471 1,11/01/2019i11/01/2020 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY a JET LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO B X OWNED SCHEDULED AUTOS ONLY AUTOS Y 10 UEA HF1837 11/01/2019 11/01/2020 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L $ UMBRELLALIAB X OCCUR EACHOCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 X EXCESSLIAB CLAIMS -MADE IS19EXC9189061V 11/01/2019 11/01/2020 DED RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETORIPARTNER/EXECUTIVE OFFICE R/MEMBEREXCLUDED? (Mandatory in NH) N/A Y 10 WEA AA6VQ6 11/01/2019 11/01/2020 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ D Excess Liability l M2:IMIEUE100331 11/01/2019 11/01/2020 $5,000,000 part of $10,000,000 XS of $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: TAHQUITZ CANYON WAY AND CIVIC DRIVE TRAFFIC SIGNAL INSTALLATION CITY PROJECT NO. 15-21 SEE ATTACHED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Palm Springs l! "' 4 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 19568045 13ATCH: 1665751 AGENCY CUSTOMER ID: LOC #: Ac"j?" ® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis Towers Watson Northeast, Inc. Elecnor Belco Electric, Inc. 14320 Albers Way Chino, CA 91710 POLICY NUMBER See Page 1 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 F1V VI I IVIY /1L RCIYI/1R RJ FDDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, NUMBER: 25 FORM TITLE: certificate of Liability Insurance The City of Palm Springs, its officials, employees and agents are included as Additional Insureds as respects to General Liability and Auto Liability. General Liability and Auto Liability policies shall be Primary and Non -Contributory with any other insurance in force for or which may be purchased by the Additional Insureds. Waiver of Subrogation applies in favor of City of Palm Springs, its elected officials, officers, employees, agents and volunteers with respects to Workers Compensation, as permitted by law. INSURER AFFORDING COVERAGE: Indian Harbor Insurance Company NAIC#: 36940 POLICY NUMBER: CE0744635502 EFF DATE: 11/01/2019 EXP DATE: 11/01/2020 .TYPE OF INSURANCE: LIMIT DESCRIPTION: LIMIT AMOUNT: Professional Liability Per Claim $5,000,000 Aggregate $5,000,000 ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 19568045 BATCH:1665751 CERT: W16383042 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) I Designated Project(s) Or Location(s) Or Organization(s): Of Covered Operations: As required by written contract As specified in written contract 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) shown in the Schedule above when you have agreed in a written contract or written agreement to provide insurance such as is afforded under this policy to them, Subparagraph f., Any Other Party, under the Additional Insureds When Required By Written Contract, Written Agreement Or Permit Paragraph of Section II — Who Is An Insured is replaced with the following: f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. (1) In the performance of your ongoing operations for such additional insured at the project(s) or location(s) designated in the Schedule; (2) In connection with your premises owned by or rented to you and shown in the Schedule; or Form HS 24 80 07 13 (3) In connection with "your work" for the additional insured at the project(s) or location(s) designated in the Schedule and included within the "products - completed operations hazard", but only if: (a) The written contract or written agreement requires you to provide such coverage to such additional insured at the project(s) or location(s) designated in the Schedule; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". The insurance afforded to the additional insured shown in the Schedule applies: (1) Only if the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed: (a) During the policy period; and (b) Subsequent to the execution of such written contract or written agreement; and 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 time that the written contract or written agreement requires such insurance be provided to the additional insured. (2) Only to the extent permitted by law; and (3) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. With respect to the insurance afforded to the person(s) or organization(s) that are additional insureds under this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or specifications; or (2) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to the additional insured shown in the Schedule are described in the Limits Of Insurance section. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions, except as otherwise amended below. B. With respect to insurance provided to the person(s) or organization(s) that are additional insureds under this endorsement, the When You Add Others As An Additional Insured To This Insurance subparagraph, under the Other Insurance Condition of Section IV — Commercial General Liability Conditions is replaced with the following: When You Add Others As An Additional Insured To This Insurance (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Paragraph (c) below. This insurance does not apply to other insurance to which the additional insured in the Schedule has been added as an additional insured. (b) Primary And Non -Contributory To Other Insurance When Required By Contract This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (i) The additional insured in the Schedule is a Named Insured under such other insurance; and (ii) You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured in the Schedule. (c) Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. All other terms and conditions in the policy remain unchanged. Page 2 of 2 Form HS 24 80 07 13 Policy Number: 10 UEA HF1837 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 A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.I. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured if Required by Contract (1) Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." Policy No. 10 UEA HF1837 ©2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION' IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. E. Primary and Non -Contributory if Required by Contract Only with respect to insurance provided to an additional insured in 1.D. - Additional Insured If Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (4) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in Other Insurance 5.d. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: ©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 applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs BA - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in 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 operation of the covered "auto" or the monitoring of the covered .1auto's" operating system. b. Section III — Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductibleunder this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a 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 against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non -hybrid" auto's 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," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5 El El i a� 5 V v T 72 QI m _ v m � L m Qu ^ VVV co 1� 0 i aJ t \ c m v GJ �v V, u Uco U t _ � l \n W LU o F- cu I r-I z 0c 0 LL vi Fr LL 0 x Wl L: au ai -0 rl CN C) 4.1 cu (U V) O U.j cu LU 0 LU Ln c Home< CONTRACTORS STATE LICENSE BOARD OContractorfs License Detail for License # 738518 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. t CSLBcomplaintdisclosum is restricted bylaw (UP 7124.6) If this entity is subject to public complaint disclosure click on link that will appearbelow for more information. Click here for a definition of disclosable actions. i, Only construction related civiljudgments reported to CSLB are disclosed(UP7071.17). Arbitrations are not listed unless the contractor fails to comply with the terms. t Due to workload, there may be relevant information that has not yet been entered into the board's license data base. This license is current and active. All information below should be reviewed. 0 C10-ELECTRICAL 0 B- GENERALBUILDINGCONTRACTOR a A- GENERAL ENGINEERING CONTRACTOR Data current as of 5/13/202011:52:43 AM Business infor:^:':@Uw—, ELECNOR BELCO ELECTRIC INC 14320 ALBERS WAY CHINO,CA 91710 Business Phone Number:(909) 993-5470 Entity Corporation Issue Date 07/28/1997 Expire Date 0713112021 ClaWfif af':O:rls Bonding informal on Contractor's Bond This license filed a Contractor's Bond with FIDELITY AND DEPOSIT COMPANY OF MARYLAN D. Bond Number: LPM9197211 Bond Amount: $15,000 Effective Date: 01/01/2016 Contractor's Bond History Bond of Qualifying Individual This license filed Bond of Qualifying Individual number LPM9172203 for JOHN LOON-HAE WONG in the amount of $12,500 with FIDELITY AND DEPOSIT COMPANY OF MARYLAND. Effective Date: 10/28/2014 "NO-keri, CoriiDens"Iton This license has workers compensation insurance with the HARTFORD FIRE INSURANCE COMPANY PoUcy Number-10WEAAA6VQ6 Effective Date: 11/0112017 Expire Date: 11/01/2020 Workers' Compensation History CXnar 0 Personnel listed on this license (current or disassociated) are listed on other licenses. Bade to TOO, Conditions of Use Privacy Policy ACCe?ssibiltty 'Ac.ceSSiblt!t;1 Cet ti iCs3Lion