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C29760 Traffic Signal System Interconnect 553-99
Contract No. C29760 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C29760 FOR THE TRAFFIC SIGNAL SYSTEM INTERCONNECT TO THE LOWEST RESPONSIBLE BIDDER (PROJECT NO. 553-99) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: December 8, 2011 CONTENTS: Vicinity Map Recommendation By Minute Motion: 1. Award Contract No. C29760 for the Traffic Signal System Interconnect to the lowest responsible bidder. (Project No. 553-99) (Memorandum recommendation and bidding recap to be provided at City Council meeting.) 2. Authorize the Finance Director to set aside a 10% contingency. (Memorandum recommendation to be provided at City Council meeting.) 3. Authorize the Mayor to execute same. Funds are currently available in Account Nos. 440-4594-422-4001 (Capital Project Signalization) and 234-4594-422-4001 (Traffic Signalization) for this project expenditure. Background On January 5, 2009, the City was notified of the approval of the Federal Statewide Transportation Improvement Program (FSTIP) that included the Congestion Mitigation and Air Quality (CMAQ) grant funded projects. With the approval, the City proceeded with the development of the Traffic Signal System Interconnect project. The plans and specifications were completed, and the project was sent to Caltrans Local Assistance for the authorization to proceed with construction, which has been received. On October 13, 2011, City Council authorized staff to advertise and call for bids for this project. The project was duly advertised and bids will be opened on December 6, 2011. Federal regulation and time constraints for reimbursement billing require the project to Staff Report Award Contract No. C29760 to the Lowest Responsible Bidder December 8, 2011 Page 2 of 2 be in construction by the end of January 2012. With the current City Council schedule, it was necessary to prepare this staff report for award of the contract prior to the actual bids being opened. A memorandum will be presented at the City Council meeting with a review of the bids received and a recommendation for the award of the contract. This memorandum recommendation will also include the prepared Agreement, Payment Bond, and Performance Bond between the City and lowest responsible bidder. Fiscal Analysis There is an agreement in place providing for the City to receive Federal CMAQ funds for the Traffic Signal System Interconnect project. The total project cost, which is estimated to be $753,000, must initially be paid by the City. Upon completion of the project, an invoice will be submitted to Caltrans for reimbursement of $748,000 resulting in a net cost to the City of $5,000. If the actual cost of the project exceeds the $753,000 estimate, the additional amount will be paid for by the City. If the project cost is less than the estimate, the City's cost will still be $5,000, and the CMAQ funds will cover the remainder. Prepared By: Departme t ead: ALI ark Diercks, P.E. Mark Gre Ptblic ood, P.E. Transportation Engineer Director of Works CITY COUNCILACTION APPROVED ✓DFNIFD RECEIVED OTHER Paul S. Gibson, Director of Finance MEET G DA , i AVES: �(�E( (nl pie �C Agprova NOES: 01 ( ABSENT: Ol e V ABSTAIN: VERIFIED BY J M. Wohlmuth, City Manager Original on File with CityJerk's Office * By Minut Motion, awarded Contract No. C29760 to Flatiron Electric Group, Inc. for construction of the CMAQ Traffic Signal System Interconnect Project in the amount of $441,257.00. G:\PubWorks\Staff Reports\2011\December 8\06 Award Traffic Signal System Interconnect Contract P553-99\SR Award Contract 29760 553-99.docx a a r ? 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Wohlmuth, City Man Date: December 8, 2011 Subject: CMAQ Traffic Signal System Interconnect Project (Project No. 553- 99; Contract No. C29760; Federal Aid Project No. CML-5414(009)): Bid Results Recommendation Staff recommends the following actions: By Minute Motion: 1. Award Contract No. C29760 to Flatiron Electric Group, Inc. for construction of the CMAQ Traffic Signal System Interconnect Project in the amount of $441,257.00. 2. Authorize the Director of Finance to set aside a 10 percent contingency in the amount of $44,125.70. 3. Authorize the Mayor to execute the subject agreement. Bid Results On December 6, 2011, the City Clerk publicly opened and read aloud seven sealed bids. Below is a summary of the bids received: Contractor Location Verified Bid Amount Flatiron Electric Group, Inc. Chino, CA $441,257.00 Steiny, Inc. Baldwin Park, CA $520,234.00 Pro Tech Engineering, Corp. Corona Del mar, CA $575,750.00 DBX, Inc. Temecula, CA $576,000.00 Sully -Miller Contracting Co. Brea, CA $579,444.00 Sierra Pacific Electrical Riverside, CA $622,316.00 John Griffin Construction Corona, CA $699,000.00 CMAQ Traffic Signal System Interconnect Project 553-99 December 8, 2011 Page 2 Flatiron Electric Group, Inc. submitted the lowest responsive bid in the amount of $441,257.00. Flatiron Electric Group, Inc., has successfully completed simular projects for other public agencies in the Southern California region, and staff is confident that the contractor will be able to construct the project in accordance with project plans and specifications. /clg cc: Mark Greenwood, P.E., Director of Public Works Paul S. Gibson, Director of Finance David Erwin, City Attorney Bo Chen, P.E., City Engineer Attachments: Contractor's Proposal Agreement Payment Bond Performance Bond SECTION 3 - BID DATE: DR4Kikc Z5 , 20U The undersigned, as bidder, declares it has received and examined the Contract Document entitled CMAQ Traffic Signal System Interconnect Project and will contract with the City, on the form of Agreement provided herewith, to do everything required for the fulfillment of the contract for said work at the prices and on the terms and conditions herein contained. We have included the following items and agree that they shall form a part of this bid: SECTION TITLE Section 3 - Bid Section 4 - Bid Schedule Section 5 - Bid Guaranty Bond Section 6 - Certification of Bidder's Section 7 - Proposed Subcontractors Section 8 - Non Collusion Affidavit Section 9 - Local Agency DBE Information We acknowledge that the following addenda have been received and have been examined as part of the Contract Documents. Addendum # Date Received 11-51-11 Initials Attached is a bid guaranty bond as required by Instructions to Bidders, 14.0 Bid Guaranty. Flatiron Electric Group, Inc. 714-228-9361 Name of Bidder - Bidder Telephone Number 3 Bid ►o , sty tax,. 4 sf,60 VM 3-1 By submitting this Proposal, Contractor agrees with City: 1. That unless withdrawn in person by Contractor or some person authorized in.writing by Contractor - not by telephone or telegram — before the time specified in the Notice Inviting Bids for the public opening of bids, this Proposal constitutes an irrevocable offer for 60 calendar days after that date. 2. The City has the right to reject any or all Proposals and waive any irregularities or informalities contained in a Proposal. 3. That the award of the contract shall be authorized only by the governing body of City; and that a Notice of Award shall constitute a written memorial thereof. 4. To submit to City such information as City may require to determine the Bidder's financial standing, experience, and ability to perform the work. 5. If our bid is accepted, we agree to sign the agreement without qualifications and to furnish the performance and payment bonds and the required evidence of insurance within 14 calendar days after receiving written notice of the award of the contract. 6. We further agree, if our bid is accepted and a Contract for performance of the work is entered into with the City, to so plan work and to prosecute it with such diligence that the work shall be completed within the time stipulate-- 1- Pine Avenue Flatiron Electric Group, Inc. Chino, CA 91708 Name of Address of Bidder 862724 s� A&C10 Signature of Bidder Contractor's License No./Classification Richard Tesoriero Vice President g- 31- ! 3 Title of Signatory License Expiration Date State of California ) County of iM N&D LJ) ) Subscribed and sworn to (o before me on this day ofQ C� (month), 11 (year), by t.P. o proved to me on the basis of satisfactory evidence to be the person who appeared before me. Signature of Notary (Seal of Notary) *** End Section------------ *** UE"SHAWN R. BRADFIELD Commission #t 1932416 Lis NeMy Pubk - Ca MorMs Riwr" County Bid wwwwa Conan. M a 9 2015 3-2 0 Flatiron Electric Group, Inc. SECTION 4 - BID SCHEDULE CMAQ TRAFFIC SIGNAL SYSTEM INTERCONNECT CITY PROJECT NO. 553-99 CONTRACT NO. C29760 FEDERAL AID PROJECT NO. CIVIL 5414 (009) City of Palm Desert Department of Public Works 73-510 Fred Waring Drive Palm Desert, CA 92260 To Whom it May Concern: Pursuant to the Invitation to Bid, the undersigned hereby proposes and agrees that on award by the City under this Bid, and in accordance with the provisions therein stated, to execute a Contract, with necessary bonds, to furnish and install any and all labor, materials, transportation and services for the CMAQ Traffic Signal System Interconnect Project in accordance with the Plans and Specifications therefore adopted and on file with the City within the time hereinafter set forth and at the prices named in this Bid . Unit prices in each and every case shall represent a true unit price used in preparing the bid schedule totals (Bid Form). Unit prices listed herein shall include material, installation and appurtenant work as is necessary to have the item complete and in place meeting the full intent of the plans and specifications. Unbalanced unit prices shall be sufficient cause for rejection of the bid. The purpose of the unit pricing is for bid evaluation and changes in the work during construction. The basis of award shall be the lowest combined price for all base bid area. Gz BASE BID AREA ITEM ITEM DESCRIPTION EST UNIT UNIT PRICE ITEM TOTAL NO. QTY (In Figures) (In Figures) DOLLARS DOLLARS 1 InterconnectSignal �� 1 LS $----- TOT f'`'' ' TOTAL AMOUNT OF BID - IN FIGURES: $ `-%TL.,% TOTAL AMOUNT OF BID - IN WORDS: Mck rL t`t tAAlc)r26—b LO)e l dU S �tJ r� w6, �lAIIDOC-�) R Bid Schedule 4-1 Bid Amount of each of the above Bid Items must be filled in and completed. It is understood that the quantities shown hereon are estimates and the bidder is responsible to verify quantities prior to submitting a bid. Final payment will be based upon actual work performed, subject to such adjustments tions as elsewhere provided herein. By: Title: Vice President Signature Richard Tesoriero Bidder Fiatiron Electric Group, Inc. x r State of California ) County of Subscribed and sworn to ( ) before me on this day ofQ �QaY1�O(1� (month), Qb t) (year), by 1 &-- f h b► U 0 , proved to me on the basis of satisfactory evidence to be the person( who appeared before me. Ob Signature of Notary (Seal of Notary) *** End Section *** SHAWN R. BRADRELD Ma Commission * 1932416 Notary Public - California Rt amm County My Comm. Ex ins Mal 9, 2015 Bid Schedule 4-2 Bid Bond No. F00944 SECTION 5 - BID GUARANTY BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE,--Flytiron Electrio Group, I , as PRINCIPAL, and Liberty Mutual Insurance Company as SURETY, are held and firmly bound unto the City in the penal sum of $_ 10% which represents TEN PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City for the work described below, for the payment of which sum in lawful money of the United States, will and truly to be made to the City to which said bid was submitted, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the Principal has submitted the above mentioned bid to the City, for certain construction specifically described as follows, for which bids are to be opened at the City of Palm Desert, California. CMAQ Traffic Signal System Interconnect Project CITY PROJECT NO. 553-99; CONTRACT NO. C29760 FEDERAL AID PROJECT NO, CIVIL 5414 (009) NOW, THEREFORE, if the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him/her for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, and provide certificate of insurance coverage required by the Contract Documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. IN WITNESS WHEREOF, we have hereunto set our hands on this 21st day of November , 2011. Flatiron Electric Group Inc. Contractor's Contractor's Signature Richard Tesoriero, Vice President Title 7911-A Pine Ave. Chino CA 91708 Address (714) 228-9631 Telephone Liberty Mutual Insurance Company Surety's Name Surety' Sig . ature { Maria'L. Spadaccini Attorney -In -Fact Title 175 Berkeley Street, Boston MA 02116 Address David D. Roberts (212) 71,9-7750 Telephone Note: Signatures of those executing for the surety must be properly acknowledged. *** End Section *** Bid Guaranty Bond 5-1 , 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT a State of California County of San Bernardino On December 5, 2011 before me, Shawn R. Bradfield, Notary Public Date Here Insert Name and Title of the Officer (e.g., "Jane Doe, Notary Public") a personally appeared Richard Tesoriero Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(Q whose nameW is/.wo subscribed to the within instrument and acknowledged to me that he/sh&413ey executed the same in his/harAkir authorized capacity ' s), and ,yw,y„�,� that by his#&TAkir signatureN on the instrument the SHAtNFI R. BRJIDFIElD ConurNaalon #F 1932416 ai My Notary Public - California Riw " County Conan. =a 9, 2015 person,, or the entity upon behalf of which the i person(vAacted, 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. a WITNESS my hand and official seal. Signature�314 l Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: November 21, 2011 Number of Pages: Signer(s) Other Than Named Above: Maria Spadaccini, Travelers Casualty and Surety Company Capacity(ies) Claimed by Signer(s) Signer's Name: Richard Tesoriero Signer's Name: r ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): Vice President ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — []Limited ❑ General ❑ Attorney -in -Fact ❑ Attorney -in -Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Flatiron Electric Signer Is Representing: Group, Inc. CORPORATE ACKNOWLEDGMENT Form 152 STATE OF NEW JERSEY COUNTY OF BERGEN 21ST NOVEMBER On this day of 52011 , before me personally came me MARIA L. SPADACCM to me known, who, being by me duly sworn, did depose and say that she/he resides in HAWTHORNE. NEW JERSEY that she/he is the ATTORNEY IN FACT of the LIBERTY MUTUAL INSURANCE COMPANY the corporation described in and which executed the above instrument that she/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order. (SEAL) Esther Caban -_. Notary PubiiQ of New Jereuy mY Cansaion Exoiratt February iE, �0]4 l 0�mutudie i Assets LIBERTY MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT — DECEMBER 31, 2010 Cash and Bank Deposits ......................................... $ 795,278,733 *Bonds — U.S Government ..................................... 928,976,332 *Other Bonds............................................................ 12,269,586,768 *Stocks...................................................................... 8,410,330,089 Real Estate.............................................................. 280,897,925 Agents' Balances or Uncollected Premiums........... 2,971,477,549 Accrued Interest and Rents ..................................... 156,129,412 Other Admitted Assets ............................................ 10,898,871,535 Total Admitted Assets....................................$36.701.i48.343 Liabilities Unearned Premiums ................................................ $3,502,531,059 Reserve for Claims and Claims Expense ................. 15,450,806,243 Funds Held Under Reinsurance Treaties ................. 1,764,193,716 Reserve for Dividends to Policyholders .................. 4,776,435 Additional Statutory Reserve .................................. 89,441,297 Reserve for Commissions, Taxes and Other Liabilities ................................................ 2,126,508,564 Total..............................................................$22,938,257,314 Special Surplus Funds ................. $1,218,426,655 Capital Stock ............................... 10,000,000 Paid in Surplus ............................ 7,731,965,815 Unassigned Surplus ..................... 4,802,898,559 Surplus to Policyholders...............................13,763,291,029 Total Liabilities and Surplus ................................ INS PO;?. ,�JP�typpp,4 qy� *Bonds are stated at amortized or investment value; Stocks at Association Market Values. The foregoing financial information is taken from Liberty Mutual Insurance Company's financial �- 1912 O statement filed with the state of Massachusetts Department of Insurance. Ay a I, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2010, to the best of my knowledge and belie£ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 29th day of March, 2011, Assistant Secretary S-1282LMIG42111 4617540 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint SANDRA K. WOLF, ALICE MCLAUGHLIN, MARY R. MCKEE, SHERRYANNE M. DEPIRRO, MARIA L. SPADACCINI, ALL OF THE CITY OF WOODCLIFF LAKE, STATE OF NEW JERSEY.......... each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIVE HUNDRED MILLION AND OO/100#.####.#i##*M#i###############MY###H####################t######### DOLLARS ($ 500,000,000.00*############*"****#######) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, A execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys - in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and 'a execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if m signed by the president and attested by the secretary. e .y By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-fact: 3 J? Pursuant to Article XIII, Section 5 of the By -Laws, David M. Carey, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized C to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety R any and all undertakings, bonds, recognizances and other surety obligations, e O That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. d W IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty O Ga Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this day of 1st day of June 2011 Q eM µoF� LIBERTY MUTUAL INSURANCE COMPANY jjjjffgtff4 Er 4t2an.tr 4) C i \`�a,, ffr44 k..' By Iint 3 O David M. Carey, Secretary ii M COMMONWEALTH OF PENNSYLVANIA ss rA p COUNTY OF MONTGOMERY Z Q 0 On this 1 st day of June 2011 before me, a Notary Public, personally came David M. Camy, to me known, and O m acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation, and that he executed Power Attorney above of Attoey and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WHER P o subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year m� N first above written. ON f - .— ___� dl C9 h `v 1111ta, _'t'a a? TP CS 1 I2'Mf.=..3 NGSety PUb o M OF ? ,rn +F lwp , Mo go'no y A1n' � My Co 6 ap e Fie 20a Bye ii O Co r _ � zvnn, Naq. " Teresa Pastella, Notary Public CERTIFICATE tNSYL�I v �- ,`fir I, the undersigned, Assist arty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is Io a full, true and correct copy, and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys-in-fact as provided in Article XIII, Section 5 of the By-laws of Liberty Mutual insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this "� t' day of ti c '- Gregory W_. Davenport, Assistant Secretary SECTION 6 -CERTIFICATION OF BIDDER'S EXPERIENCE AND QUALIFICATIONS The undersigned Bidder certifies that he is, at the time of bidding, and shall be, throughout the period of the contract, licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California, to do the type of work contemplated in the Contract Documents. Bidder shall further certify that it is skilled and regularly engaged in the general class and type of work called for in the Contract Documents. The Bidder represents that it is competent, knowledgeable, and has special skills on the nature, extent, and inherent conditions of the work to be performed. Bidder further acknowledges that there are certain peculiar and inherent conditions existent in the construction of the particular facilities, which may create, during the construction program, unusual or peculiar unsafe conditions hazardous to persons and property. Bidder expressly acknowledges that it is aware of such peculiar risks and that it has the skill and experience to foresee and to adopt protective measures to adequately and safely perform the construction work with respect to such hazards. The Bidder shall list below four (4) projects completed in the last seven (7) years of similar size and complexity that indicate the Bidder's experience as a General Contractor. 1. Project Name: I -g£ Owner: Construction Cost: $ Construction Time: Owner's Representative: Owner's Telephone No.: Date of Substantial Completion: 2. Project Name: Owner: Construction Cost: $ Construction Time: Owner's Representative: Owner's Telephone No.: Date of Substantial Completion: 3. Project Name: Owner: Certification of Bidder's 6-1 I Construction Cost: $ Construction Time: Owner's Representative: Owner's Telephone No.: Date of Substantial Completion: 4. Project Name: Owner: Construction Cost: $ Construction Time: Owner's Representative: Owner's Telephone No.: Date of Substantial Completion: Signed this r)+-h day of QE i4 gy\.- , 2011. Flatiron Electric Group, Inc. Name of Bid Signature of Bidder Richard Tesoriero Vice President Title of Signatory 714-228-9361 Telephone Certification of Bidder's 862724 A&C10 Contractor's License No./Classification _3�r13 License Expiratior> ft Pine Avenue Address *** End Section *** 6-2 Flatiron Electric Group Project Name:.Caltrans Routes 10/215 ITS Contract Amount: $9,872,606.00 Owner's Name: State of California, Dept. of Transportation Contact Person: Kee Ooi Date Completed: 9/09 Telephone Number: (909) 383-4563 Job Description: Installation of fiber optic backbone system, CCTV systems, vehicle detection systems, on/off ramp widening with ramp metering modifications, at various locations on route 10 from .4 KM west of route 10/215 separation to .7 KM east of Ford Street under crossing and on route 215 from Riverside County line to 1.4 KM south of route 10/215 separation. Project Name: Unit Pricing for Traffic Signal Rehabilitation Contract Amount: $3,100,000.00 Date Completed: 10/09 Owner's Name: City of Irvine Contact Person: Dave Flanagan Telephone Number: (714) 724-7634 Job Description: Traffic signal modifications at various locations throughout the City of Irvine to upgrade existing controller cabinets, fiber optic communication system, emergency preemption, signals, traffic loops and conductors. Project Name: John James Audubon Bridge Contract Amount: $2,534,493.00 In Progress Owner's Name: Louisiana Department of Transportation And Development Contact Person: Matthew Curtiss Telephone Number: (225) 618-0009 Job Description: Furnish and install electrical conduits for roadway lighting, aesthetic lighting, and interior lighting, navigational and aviation lighting, conduit supports, wiring for interior lighting,navigational and aviation lighting, 480V Utility power supply, all distribution panels, power supplies, transformers, switches, lightning protection system, GPS antennas and energize and test all systems. Project Name: Hyde Park East ATSAC Contract Amount: $5,770,711.00 Owner's Name: City of Los Angeles Contact Person: Moises Delgado Date Completed: 03/10 Telephone Number: (818)-391-3289 Job Description: The replacement of signal controllers, the installation of conduit, fiber optic cables, video cameras and poles, pavement -embedded loop detectors, video and data communication equipment. The replacement or addition of traffic signal standards, vehicle and pedestrian heads, actuation loops, etc. that is intended to enhance the safety of motorists and/or pedestrians who use the intersection. Project Name: Interstate 5 and Magic Mountain Parkway Contract Amount: $2,774,006.00 Date Completed: 07/2009 Owner's Name: City of Santa Clarita Contractor's Name: Security Paving Contact Person: Juan Ramirez Telephone Number: (818) 612-0079 Job Description: Installation of conduit, pull boxes, wire, foundations, and traffic signal poles for modification to existing and new intersections around interstate 5 Freeway and Magic Mt. Parkway. Installation also included new weigh -in -motion system, highway lighting and sign illumination, county lighting system, interconnect and ramp metering systems. Project Name: Colorado St and Central Ave Improvements Contract Amount: $2,402,915.00 Date Completed: 06/2008 Owner's Name: City of Glendale Contractor's Name: Sequel Contractors Contract Person: Mike Mahler Telephone Number: (562) 802-7227 Job Description: Installation of conduit, pull boxes, wire, and traffic signal poles, and decorative street lighting for the re -modification of existing intersections around Colorado St. and Central Ave. Other relevant projects Project Name: Traffic Signal/Street Light & Fiber optics Contract Amount: $2,165,000 Owner's Name: Sequel Contracting Contact Person: Mike Mahler Date Completed: In progress Telephone Number: (562)802-7227 Project Name: Irwindale Ave ET/AL Contract Amount: $1,306,219 Owner's Name: County of Los Angeles Contact Person: Abigail Flores Phone #: 626-458-3157 Date Completed: 4/09 Project Name: Americana at Brand Contract Amount: $ 2,404,948 Owner's Name: Sequel Contractors Contact Person: Mike Mahler Phone #: 562-802-7227 Date Completed: 6/08 Project Name: Traffic Signalization Intersection Improvement Contract Amount: $1,299,417 Owner's Name: City of Rialto Contact Person: Emilio Ramirez Date Completed: 01/07 Telephone Number: (909) 820-2525 Project Name: T.S. Modifications Contract Amount: $2,815,466 Owner's Name: City of Long Beach Contact Person: Douglas Mc Laughlin Dale Completed: 09/07 Telephone Number: (562) 570-6895 Flatiron Electric Group, Inc. SECTION 7 - PROPOSED SUBCONTRACTORS Pursuant to California Public Contracting Code, Section 4100 et. seq., the following list gives the name, business address, and portion of work (description of work to be done) for each subcontractor that will be used in the work if the bidder is awarded the Contract. (Additional supporting data may be attached to this page. Each page shall be sequentially numbered, and headed "Proposed Subcontractors" and shall be signed.) The Bidder shall list all subcontractors' who will perform work or labor or render service to the prime contractor in excess of one-half of one percent of the prime's bid. 1. <(?CLS S-/ &J/\l T Name of Subcontractor Address Work to be Preformed License Number 2. Name of Subcontractor Work to be Preformed 3. Name of Subcontractor Work to be Preformed 4. Name of Subcontractor Work to be Preformed 5. Name of Subcontractor Work to be Preformed 6. Name of Subcontractor Work to be Preformed Flatiron Electric Group, Inc. Address License Number Address License Number Address License Number Address License Number Address License N r Name of Bidder Signature of Bidder Richard Tesodero Vice President *** End Section *** Proposed Subcontractors 7-1 H"111 SECTION 8 -NON COLLUSION AFFIDAVIT Local Assistance dirocedum Xbnnal E 11 12 E PS&E Chec"St lnstrac6oas Attachment D Noncollusion Affidavit (Title 23 United States Code Section 112 and Public Can art Code Section 7106) e To the CITY of PALM DESERT D P_ RT_1M'vT OFPLMLIC MORLS. In accordance with Title 23 United States Code Section 112 and Public Contract Code- 7106 the bidder declares that the bid is not made in the interest o£ or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other budder to put in a false or sham bid and has not directly or indirectly colluded, conspired; conniz•ed, ©r agreed uith any bidder or anyone else to put in a sham bid, or that anyone shall refrain fiom bidding; that the bidder has not in any manner, directly or indirectly, sought by apreemem communication. or ct n farenre with anyone to fix the bid price of the bidder or any other bidder, or to fix am, osnerhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any adt-xirtage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further; that the bidder has not, directly or indirectly, submitted his or her bid price or any break -down thereof or the contents thereof, or di-mlged information or data relative thereto, m paid, and mill not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a colhrsive or sham bid. Note: The above Noncolhtsion Affidavit is part of the Proposal. Signing this Proposal an the signature porticm thereof shalt also constitute signature of this NcncoIlusican Affidas t. Bidders are cautioned that mal-mL, a false certification may subject the certifier to criminal prosecution. LPP 01-04 *** End Section *** Page 12-81 March 13, 2001 Non Collusion Affidavit 8-1 e SECTION 9 - LOCAL AGENCY DBE INFORMATION Local Assistance Procedure Xftnnal EXMIT 15-G1 Local Agency Bidder UDBE Commitment (Construction Comtracls) F—XMM 15 Gl LOCAL AGENCY BIDDER UDBE CONSnTMEAT (CONSTRUC770 CONURACTS) '_'TOTE: PLEASE REFER TO WSTRUCTIONS ON THE RE%TRSE SIDE OF 7HI5 FOR3L LOCAL ASS 9XY: A %AA OF. 5 ErlJi oca t: UTA U DW 5 PRD:EcCrrestmPT1oN: bnr+AIA TA tW169 4' :DTA:. CM -MC-- AMDIN-: s BM DATE: De Ur ne m 6 . ^ _ d�V %.\ f1mursx.4w— Flatiron Flactrin (' :n, Inn. „-ter- � `.aCi.E DU-rm.-RMAH-dAtAL M ESCBiPfiCK CKSM- BSALS aQDominctdifim. ,-MW= 0 ER'PSECATI�D � DATE 1fECFEux M, HE (Liutba c�5.d on the dam bids gmawd-=dz&TUMBE ss and phcma Dumber) �L#LMIOLYI MM - cL For Local. Agency to Complete: LacalAaauy Cauratt xoosbu: Fadwal-aid Pzw4 W,=bsr: Fednal Share: CaDcz:t Asz:rd Dm Local Armc)cudfia: t1u all UME c Klificzdoas hz%v hose :wifz.d and ildmufft mis compism =d ucuczm. PrmrNas s SigDcma sz9a Local.A oncyRgaa. m (Aim Coda) Talapbaa :vumku: Tom,Ck=dT-MBE Aga %qM3 to ad'Hidd.t la -5 -t 1 714-228-9361 Dan (Axes Coda) Tal. :Su. Richard Tc�cpric�rc>t Pwrsom w CDw= (Pkaw Tna W Prsm) Lucy: Arm�y:5W0s 1MW Cah.uuast;C-m% -ion CuwwW Cris 6]6.nP'i DBtr�ntiDn: n1Cti«si-loeelagsm.-rriGss LPP 00-01 Local Agency DBE Information Pale 15 31 July 31,200 50 % 9-1 M- Ex-1HBrr 16- 1 Local Assistance Procedures Manuel Local?.-ency Bidder LDBE Commitment (Construction Contracts) INSTRUCTIONS - LOCAL. AGENCY BIDDER a UDBE CONaRTMENT (CO-MrRUICTION CONTRACTS) ALL BIDDERS: PLE.9.5E _NOTE: It is the bidder's responsibility to verify drat the LDBE(s) fills into one of the follosring groups in order to count towards the UDBE contract goal: 1) African Ameriraal;1) Asian-Pari6c Americans; 3) Native Americans,, 4) Women. This information eras be submitted Frith your bid. If it is nay and Ton are tke apparent loss bidder or the second or third loss bidder, it must submitted mad received as specified in tke special Provisions.. Failure to submit the required L'DBE commitment niter be grounds for finding tke bid nonresponsive A UDBE is a firm meeting the definitivu of a DBE as specified in 44 CFR and is one of the following groups: African Americans, Asian -Pacific Americans. Native Americans, or Women. Tile foam requires specific information regarding the coushuction camtract: Local Agency; Location, Project Description; Total Contract .,Amount, Bid Date, Bk1der:s game, and Contract UDBE Goal. The form has a column for the Contract Item Number and hem of Work and Description or Senices to be Subcontracted or Materials to be provided by UDBE—. Prime contractors stall indicate all wort to be perfonmed by UDBEs inchidm& if the prime is a UDBE, work performed by its own forces, if a UDBE. The UDBE shall provide a certification member to the Conttactor and expiration date. Enter the UDBE prime's and subcontractors' certification nmmbers.The form has a column for the Names of UDBE contractors to perform the murk (who must be certified on the date bids are opened and include the L'DBE address and phone number). IlbfP[1RT_ N-T: Idei 4 all UDBE firms participating in the project regardless of tier. Names of the First -Tier UDBE Subcontractors and their respective items) of work listed shrnild be consistent, where applicable, with the nacres and items of work in the 'List of Subcontractors" submitted with your bid. There is a column for the UDBE participation dollar amount. Enter the Total Claimed UDBE Participation dollars and percentage amount of items of work submitted with ymu bid pursuant to the Special Provisions. (If 1 Q0% of item is not to be performed or fvnnisbed by the UDBE. describe exact portion of time to be perforated on furnished by the UDBE.) See Section `Disachanta_eed Business Enterprise (DBE),'' of the Special Provisions (constznction camsiacts); todetermine how tocotmt the gartiripatio�n of UDBE fizms. Exhibit 15-G1 mist be signed and dated by the person bidding. Also list a phone number m the space provided and print the name of the person to contact. Local agencies should complete the Local Agency Contract Award, Federal -aid Project Number, Federal Share, Contract Award Date fields and verify that all information is complete and acc uate before signing and filing. Page 15-32 Juh 31, 2W fipp 00-02 Local Agency DBE Information 9_2 Local Assistance Proredtum Manuid EDIT 15-G2 Local gmc+ Bidder DBE Information (Construction Coutracts) E.C-EBTI 15-G2 LOCAL AGTNCY BEDDER DBE DiFOR2613TWN (CONTR CTFON CK]I!Ng7 lCTS) (Inclu me of all DBEs iactuding the UDBEs lined at hid prof) -NOTE: PLEASE REFER TO DiSTRUMONS ON THE REVERSE SIDE. OF THIS FORM LoCALAGENCY: Ax/m MEM :.ou--mli:,JAAMitA.S E >:� .� : C �►a �s Svl sT j0Tt•n cbWC tT PAPXC s -3TA:. Corm-reA.^T Akssv:�: s HID DATE: BII?DE6iS2L461�: Myron uectrir, '7 -oun Inc CC 1CM4C UDBE GOAL: 1- a 4 9 Ob7R44: .40. IPEAtOFUMMANDDESCRlPflfl'1 9XIMEES TO BE oYiTRACfFia ORMAUERLU.S DBECE3C M AND FYitDxATLl1tC DATE t:AMEOFEACH DBE (hivit6a cma6d as t1s dam 4ids opaad-mclwda DM bddmn UARAMOUNT ME BE PROW2l) (ar onwactod if da pbam -nhat) is a DEM C Ca I ( L For Local Asencr to Complete: ss] laiatd DBE C lo S l� , Q Local A= yCaeaattNwzbar FadicipSdw Failml-aid %w=Ka9bw. Fadwd Shane: Cmaact Aw=dDaaa Local Amory ciadfin *a all DBE mcificaiiaa hambwa unW and tTfiW,;M is cM_ laaa ad ac=-.b. S[aahua of Hiddac 714-228-9361 PtioclQamaa Gi?nctma Dax Dam Beat Coda) IaL :10. Local Astnc+• Saptasacatity A=CDda;Talaab=Vuuzbw Richard Tesoriero pta��caamc tPSaasaT+Pwprndj ForCaltransRevlesr: PrMtN=M Dam CaWaos.Diseirtf ocalAarsuam Enonsaa: : AVat.7 361 Y A¢1E t duu* aaa (,-.MUanue:..aw W 6r961[�y DjSiritr U*n.:'I)CapT-FIX arSUM acapsta6maCalm=DislticLocal AssishozeEvmmat'3L4Fwicial5d"IofD==aaaca6aaFaihuasD aamdaW-latkoDIAEaithtx 5daysDfcanaattaasKvtromaaarnr3tm hioaummoffoodsforibispmoct (t Capti•-IocbidamawardpaziapawCahmaxDistnttlacal-lUmaacc (3) Osiamal -Local a-aanry film Page U 32a UP 099-02 July 31, 2009 Local Agency DBE Information O dI 9-3 EXHIBIT 15-G2 Local Assistance Procederes Maaaal Local Agency Bidder DBE Informaiian (Coastrectims Gaatracts) LNSTRUCTIONS, - LOCAL AGENCY BIDDER DBE LNFORMAno-N (CONSTRUCTION CONTRACTS) SUCCESSFL'Y.IB DDER:: , The form requires specific information regarding the construction contract: Local A_ -may: Location Project Description. Total Contract Amount, Bid Date, Bidder's Name, and ContracKME Goal. The form has a column for the Contract Item Number and Item of A.ork and Descriptic- or Services to be Subcontracted or Materials to be piatided by DBEs. Prime contractors shall indicate allwork to be pedarmed by DBEs includine work performed by its own Ernes, if a DBE.The DBE shall provide a certification number to the Contractor and expiration date. Enter DBE prune and subcontractors certification number. The DBE contractors should natdf , the Contractor inuniting with the date of 6e decetification if their status should change during the course of the contract. The fe mhas a cohnum for the Name; of DBE certified contractors to perform the wv& (must be certified on the date bids are opened and include DBE address and phone number. IMPORT.rA KT: Identify all DBE foams participating in the project --including all UDBE- listed our the UDBE Commitment form (Exhibit 15-G1), regardless of tier. Names of the First-TierDBE subcontractors and their respective item(s) of work listed should be consistent, uiwre applicable, with the names and items of work in the rs "List of Subcontractors" submitted with your bid There is a colmnn for the DBE participation dollar amount Enter the Total Claimed DBE Participation dollars and percentage amount of items of work submitted with your bud pursuant to the Special Provisions. (If 100% of item is not to be performed or finished b) the DBE, dumee exact portion of time to be performed or furnished by the DBE.) See Section "Disadaantaged Business Enterprise (DBE),' of the Special Prmisions (construction contracts) to determine how to count the participation of DBE firms. Exhibit 15-G2 most be signed and dared by the successful bidder. ,Also list a phone number in the space pro-.ided r and print the name of the person to contact. LOcal agencies should complete the Local Agency Contract Number. Federai lid Project Number; Federal Shale, Contract AwardDate fields and rer*- that all informations is complete and accurate before si-euiag and sending a copy of'the foam to the District Local Assurance Emgmeer within 15 days of contract execution Failure to submit a completed and accurate form within the 1 i-day time period may result in the de -obligation of finds on this project. District DBE Coordinator should that all informations is complete and accurate. Once the information has been i-eriified, the Disnict Local Assistance Engineer signs and dads the form Papa 15-32b July 31, 2009 LPP 09-02 Local Agency DBE Information 9-4 I I Local Assistance Procedures Mannal Exhibit 15-H 17DBE Information - Good Faith Effort EXMIT I&H L DBE W03MUTION —GOOD FAXM EFFORTS Federal -aid Praj art No. UDBE L-iFoRmAno-N -GOOD FAITH EFFORTS Bid Opening Date The (Ciwcomry Gf) established an Underutilized Disadrantaged Business Enterprise (MBE) goal of _% for this project. The information prmided herein shows that a good faith effort was made. Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the fblknving infinination even if the 'Local Agency Bidder UDBE tommitment' : form indicates that the bidder has met the UDBE goal. Thiss will protect the bidder's eligibility for award of the contract if the administaing again, determines that the bidder failed to meet the goal for carious reasons, ex., a UDBE firm was not certified at bid opening or the bidder made a mathematical error. Submittal of only the "Local Agency Bidder UDBE Com=tzneaf ' form may not provide sufficient documentation, to demonstrate that adequate good faith effarts were made. The following items are listed in the Section entitled "Submission of UDBE Commitmenf' of the Special pimisions: A. The names and dates of each publication in which a request for UDBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of nx publication): I Pablicarions Dates of Ad%wfise=t B. The names and dates of written notices sent to certified LTDBE.s soliciting, bids for this project and the dams and methods used for following up initial solicitations to determine pith certainty whether the UDBE; were interested (please attach copies of solicitations. telephone records. fax confirmations. etc.): Names of UDBEs Solicited Date of Initial Follow Up Methods and Dates Solicitation Page 1:-33 LFP 00-01 Juh- 31,2009 Local Agency DBE Information 9-5 Eth*it 1;-H Local Assistance Procedwes Z "nual L'DBE Iaformatiaa -Good Faith Effort C. The items of work which the bidder made available to UDBE 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 L-DBE participation. It is the bidders responslbilits, to demonstrate that sufficient work to facilitate UDBE participation wls made available oo UDBE firms. Items of Work Bidder Normally Breakdown of Amount Percentage Performs Item Items Of Contract D_ The names, addresses and phone numbers of rejected UDBE films; the reasons for the bidders rejection of the I DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each UDBE if the selected firm is not a [,CBE: Tames, addresses and phone numbers of rejected UDBFs and the reasons for the bidder's rejection of the UDBEs: Names, addresses and phone numbers of firms selected for the v►rod above: E_ Efforts made to assist interested UDBEs in obtaining bonding; lines of credit or insurance, and my technical assistace or information related to the plans. specifications and requirements for the work which was provided to UDBEs: Page 1r-34 Ieic 31, *9 LPP 99-03 Local Agency DBE g y Information o matron g.g Lacal Assistance Procedures Manual Exhibit I&H UDBE Information Good Faith Effort F. Efforts made to assist interested UDBEs in obtaining necessary equipment; supplies, materials or related assistance or services, excluding supplies and equipm=- t the UDBE subcontractor e purchases or leases from the prime contractor or its affiliate: G. The names of agencies, organizations or groups contacted to provide assistance in contacting. recruiting and using UDBE firms (please attach copies of requests to agencies and any responses received, i.e., lists. Lutemet page download, etc.): '.dame of Aeenc+ ,Organization Method'Date of Contact Results E. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): NOTE: USE ADDITIONAL SHEETS OF PAPER ff "NECESSARY. UP d9fi2 Page U 3.ia Juts 31, 2009 Local Agency DBE Information 9-7 01 42- 1. gA I Qr 1 E4 ;r 4C vw Local Agency DBE Information 9-8 I EMMBrr 17-0 Local Assistance Procedures.Mannal Disadvantaged Business Enterprises (DBE) Certification Status Change Form CP-CE)d 2443(F) (New 10.99) DISADVAN'TAGED BUSINESS EWI'ERPRISES (DBE) CHANGE IN CERTIFICATION STATUS REPORT The top of the form requites specific information regarding the ca mstructioa project Contract Nmnber, County, Route; Post Miles, the Administering Agene c, the Contract Completion Date, and the Estimated Contract Amount. It requires the Prime Contractor's mate and Business Address_ The focus of the form is to substantiate and verify the actual DBE dollar amount paid to contractors on federally fimded projects that had a changed in Certification status dining the course of the completion of tine conmwt The two situations, that axe being addressed by CP-CEM 2403(F) are; if a farm certified as a DBE and doing wank on the contract dining the course of the project becomes Decertified, and if a non. -DBE firm doing work on the contract dining the course of the project becomes Certified as a DBE. The form has a colurmr to enter the Contract Item No (or Rent Nos.) as well as a calumet for the Subcontractor's Name, Business Address, Business Phone, and contractor's Certification 'Number. The column entitled Amount Paid While Certified will be used to enter the actual dollar value of the work performed by those contractors who meet the conditions as outlined abosre during the time period they are Certified as a DBE. This coh®n on the CP-Chi-2403(F) should only reflect the dollar value of work performed while the firm was Certified as a DBE. The column called CertifieatiowDecertification Date (Letter attached) will reflect either the date of the Decertification Letter sent out by the Civil Rights Program or the date of the Certification Certificate mailed out by the Civil Rights Program. There is a box to check that support documentation is attached to the CP-CEhi-2403 rM tfmul- f"J" There is a Comments section for am, additional information that may need to be provided regarding any of the above transactions. Tne CE14-2403(F) has an area at the bottom where the Contractor and the Resident Engineer sign and date that the information provided is coasplete and correct. There is a Comments section for any additional information that may need to be provided regarding any of the above transactions. The CEIA-2403(F) has an area at the bottom where the Contractor and the Resident Engineer sign and date that the information pro-vided is complete and correct. Page 17-44 July 21, 200G LPP 06-03 9-9 Local Agency DBE Information y 1 . is i� o I I81111111111111111 81111111111111111 O�1l�I�Sl�I� a He m�tl � sp■ � Z 140HN c b a ur �u t:� Z N n A E Local Agency DBE Information 9-10 L= I 13 1! M 12 io - a Local Agency DBE Information 9-11 i c 1 � S Wn S J R W y � e �3 a i =J y s .a � F E �C A -� i z I_o1 s t L i. L C r C e 3 C• � Y! N VI M M Y} M N N M N Yl YI N N �� N M 1R Y! N a ICjS j W j Ez : < w_ i V z v *** End Section *** Local Agency DBE Information N ems•• N 9-12 im AGREEMENT THIS CONTRACT, by and between the CITY OF PALM DESERT, a municipal corporation, herein referred to as "City, and Flatiron Electric Group, Inc., herein referred to as, "Contractor." WITNESSETH: In consideration of their mutual covenants, the parties hereto agree as follows: Contractor shall furnish all necessary labor, material, equipment, transportation and services for Project Number 553-99, CMAQ Traffic Signal System Interconnect Project, CONTRACT NO. C29760, in the City of Palm Desert, California pursuant to the Invitation to Bid, dated October 14, 2011, the project Specifications, and Contractor's Bid, dated November 22, 2011, all of which documents shall be considered a part hereof as though fully set herein. Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids, Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid shall be controlling, in that order of precedence. The time frames for construction work shall be in accordance with those specified in the Contractor's Bid. 2. Contractor will comply with all Federal, State, County, and City of Palm Desert Municipal Code, which are, as amended from time to time, incorporated herein by reference. 3. All work shall be done in a manner satisfactory to the City Engineer. 4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within 60 consecutive calendar days from the date of Notification to Proceed. 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices as stated in the Contractor's Bid, the base consideration of Four Hundred Forty -One Thousand Two Hundred Fifty -Seven and no/00 dollars ($441,257.00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Specifications. 6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of California). 7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid by Contractor. 8. Contractor agrees to indemnify, defend and save City and its officers, agents and employees, any member of the public, and the engineer harmless from: Faithful Performance Bond a. Any and all liability, claims, damages, losses or injuries to any person or other entity, including injury to Contractor's employees, and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Agreement, or which are caused or which are claimed to be caused by the negligent or intentional acts or omissions of Contractor, its subcontractors, its agents or employees, and all expenses of investigating and defending against same, b. Any and all liability, claims, damages, losses or injuries to any and all Contractors, subcontractors, material men, laborers, or any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of the Agreement. 9. Except as otherwise required, Contractor shall concurrently with the execution of this contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said Specifications. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. Contractor shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract. 10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California. 11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this contract. 12. Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days duration, that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law. Faithful Performance Bond 2 13. This Contract shall not be assignable by Contractor without the written consent of City. 14. Contractor shall notify the City Engineer, in writing, forthwith when the Contract is deemed completed. 15. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law. 16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the above work. 17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract. 18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract. 19. The Contractor shall maintain all such records in the City of Palm Desert. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead. 20. The further terms, conditions, and covenants of the Contract are set forth in the Contract Documents, each of which is by this reference made a part hereof. [Remainder of this page has intentionally been left blank. Signature blocks are contained on the next page] Faithful Performance Bond 3 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CONTRACTOR: BY: Signature to be notarized TITLE: CITY: BY: Signature to be notarized TITLE: Mayor of Palm Desert, CA APPROVED AS TO CONTENT: Mark Greenwood, P.E. Director of Public Works State of California ) County of ) On before me, ATTEST BY: TITLE: ATTEST BY: TITLE: City Clerk of Palm Desert, CA APPROVED AS TO FORM: City Attorney 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Faithful Performance Bond 4 SECTION 1 - FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Palm Desert, a municipal corporation, hereinafter designated the City, has, on December 8, 2011, awarded to Flatlron Electric Group, Inc., hereinafter designated as the Principal, a Contract for Project Number 553-99, CMAQ Traffic Signal System Interconnect Project, CONTRACT NO. C29760, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, we, the Principal, and , as Surety, are held and firmly bound unto the City in the just and full amount of Four Hundred Forty -One Thousand Two Hundred Fifty -Seven and no/00 dollars ($441,257.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for one year guarantee period, during which time this bond remains in full force and effort. And 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, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. [Remainder of this page has intentionally been left blank. Signature blocks are contained on the next page] Faithful Performance Bond IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal's Name Principal's Signature Title Address Telephone State of California County of Surety's Name Surety's Signature Title Address Telephone Subscribed and sworn to (or affirmed) before me on this day of (month), (year), by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Notary (Seal of Notary) State of California County of Subscribed and sworn to (or affirmed) before me on this day of (month), (year), by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Notary (Seal of Notary) Faithful Performance Bond 2 SECTION 1 - PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT the City of Palm Desert, a municipal corporation, hereinafter designated the City, has, on December 8, 2011, awarded to Flatlron Electric Group, Inc., hereinafter designated as the Principal, a Contract for Project Number 553-99, CMAQ Traffic Signal System Interconnect Project, CONTRACT NO. C29760, and WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, and , as Surety, are held and firmly bound unto the City in the just and full amount of Four Hundred Forty -One Thousand Two Hundred Fifty -Seven and no/00 dollars ($441,257.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Principal, 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 said Principal and his or its Subcontractors pursuant to Section 13020 of the California Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the California Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of the Principal or his or its Subcontractors, 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 notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition 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 Specifications. No final settlement between the Obligee and the Principal hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Principal and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this day of , 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal's Name Surety's Name Principal's Signature Surety's Signature Title Title Address Address Telephone Telephone State of California ) County of Subscribed and sworn to (or affirmed) before me on this day of (month), (year), by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Notary (Seal of Notary)