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Phoenix Electric Company, Inc. 6/2024
TOWN OF LOS ALTOS HILLS STATE OF CALIFORNIA CONTRACT EI Monte Fire Station Utility Undergrounding (Rule 20A) Project THIS AGREEMENT, made, executed, and entered into this day of JUNE 2024, by and between the Town of Los Altos Hills a General Law Town, hereinafter referred to as the Town, and PHOENIX ELECTRIC COMPANY hereinafter referred to as the Contractor. WITNESSETH ARTICLE 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Town, the Contractor agrees at its own cost and expense to do all the work and furnish all materials necessary to complete in a good workmanlike and substantial manner all that certain work involved and concerned with the EI Monte Fire Station Utility Undergrounding (Rule 20A) Project. Said work shall be done in manner and according to the terms of the Contract as the same is defined in Article 4 herein. ARTICLE 2. Said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the Town and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of the work and for well and faithfully completing the work and the whole thereof, in the manner and according to the plans and specifications, to wit, according to Contractor's proposal to the Town Council, entitled 'EXHIBIT "A," Proposal to the Town Council' and attached hereto. ARTICLE 3. The Town hereby promises and agrees with the Contractor, to employ, and does employ, hereby, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE 4. The complete Contract consists of the following documents: Notice to Bidders, Proposal, Contract, Specifications and the Plans and/or Drawings. The rights and obligations of the parties herein are governed by all of said documents, which are to be construed as a single Contract. The decision Contract EI Monte Fire Station Utility Undergrounding (Rule 20A) Project 31 of the of the Town of Los Altos Hills as to the interpretation of said Contract shall be final and binding on the parties hereto. ARTICLE 5. It is further expressly agreed by and between the parties hereto that the work shall be completed within ONE HUNDRED AND TWENTY WORKING DAYS (120) from and after the commencement of said work. ARTICLE 6. It is expressly stipulated and agreed that all legal and statutory requirements relating to the execution of this Contract and the notice inviting bids have been met. Any alleged defect or omission in the proceedings preceding the execution of this Contract is hereby waived by the Contractor. ARTICLE 7. Every contractor will be required to secure the payment of workers compensation to his or her employees. Labor Code Section 1860. The contractor shall post the applicable prevailing wage rate on the project site. Labor Code Section 1771.4. The project is subject to prevailing wages. The applicable wage rates are available at www.dir.ca.gov and the agency also has access to the applicable prevailing wage rate at www.losaltoshills.ca.gov. IN WITNESS WHEREOF, the parties have executed this instrument the year and date first above written. ATTEST: Town Clerk, Town of Los Altos Hills 32 TOWN OF LOS ALTOS HILLS A General Law Town CONT CTO T Q By Title Contract 2024 Underground Utility District in the Area Around HI Monte Fire Station CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Sar NAnO SCO On J S , 2024, before me, Mo'� e N�oJ , Notary Public, personally appeared `Dav i d eau , 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 capaTown(ies), and that by his/her/their signature(s) on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MOVE KURIYAMA NGOV� Notary Public . California 3` San Francisco County I Commission Al 2422610 hty Comm. Expires Nov 18, 2026 Signature:in �jc (Seal) Contract 2024 Underground Utility District in the Area Around EI Monte Fire Station 33 NAME OF BIDDE EXHIBIT "A" PROPOSAL TO THE TOWN COUNCIL TOWN OF LOS ALTOS HILLS STATE OF CALIFORNIA FOR EI Monte Fire Station Utility Undergrounding (Rule 20A) Project Phoenix Electric Compan BUSINESS ADDRESS: 1350 Van Dyke Avenue TOWN, STATE, ZIP. San Francisco, CA 94124 LICENSE NO.: 811031 CLASS. A& C-10 EXP. DATE: 07.31.2026 TAX ID NO.: 71-0900458 TELEPHONE NO: (415) 671-3858 FAX NO: (415) 671-3827 The work for which this proposal is submitted is for construction according to the Contract Documents, including the Special Provisions, the Agreement, the project plans described below, and the State of California Department of Transportation Standard Specifications, 2023 Edition. The Contract Book shall be used in conjunction with the above documents, and the State of California Department of Transportation Labor Surcharge and Equipment Rental Rates, and the State Department of Industrial Relations General Prevailing Wage Rates current at the bid opening date. The project plans for the work to be done are titled "EI Monte Fire Station Utility Undergrounding (Rule 20A) Project". The work consists, in general, in relocating overhead utility lines to below ground along an approximately 0.75 -mile reach of roadway, including the installation of new utility boxes, vaults, and conduits along and within joint trenches, and all associated work, as shown on plans and described in the specifications with the title EI Monte Fire Station Utility Undergrounding (Rule 20A) Project and Proposal 2024 Underground Utility Disuict in the Area Around EI Monte Fire Station 13 ADDENDUM NO. 1 ITEM PRICE SCHEDULE Item Estimated Item Price Total Description Unit No. Quantity (in figures) (in figures) 1 Mobilization 5% Max 1 LS $180,000.0 $180,000.00 2 Traffic Control System 1 LS $169,000.00 $ 169,000.00 3 Stormwater Pollution 1 LS $ 65,000 $ 65,000 Prevention 4 Retaining Wall 1 LS I $ 89,000 $ 89.000 5 Furnish & Install 6" PG&E 3 042 LF $ 25.00 $ 76,050 Prima Conduit(Trenched)' 6 Furnish & Install 4" PG&E 2,867 LF $ 15.00 $ 43,005 Prima Conduit(Trenched)' 7 Furnish & Install 3" PG&E 782 LF $ 13.00 $ 10,166 Primary Conduit Trenched 8 Furnish & Install 5" PG&E 97 LF $ 17.00 $ 1,649 Service Conduit Trenched 9 Furnish & Install 3" PG&E 629 LF $ 13.00 $ 8,177 Service Conduit Trenched 10 Furnish 4" AT&T Conduit 8,735 LF $ 5.00 $ 43,675 Revocable 11 Furnish 2" AT&T Conduit 990 LF $ 3.50 $_3_,465 Revocable 12 Install 4" AT&T Conduit 8,735 LF $ 14 $122,290.00 Trenched 13 Install 2" AT&T Conduit 990 LF $ 10 $ 9,900 Trenched 14 Install 4" Comcast Conduit 3,113 LF $ 14 $ 43,582 Trenched 15 Install 2" Comcast Conduit 3,859 LF $ 10 $ 38,590 Trenched Furnish & Install Utility Box 16 PG&E #2 Seconds 17" x 30" 10 EA $ 2,800 $ 28,000 x 18"D Furnish & Install Utility Box 17 (PG&E) #3 Secondary 24" x 36" 1 Fes, $ 3,000 $ 3,000 x 26"D Proposal El Monte Fire Station Utility Undergrounding (Rule 20A) Project 15 ITEM PRICE SCHEDULE ADDENDUM NO. 1 Proposal El Monte Fire Station Utility Undergrounding (Rule 20A) Project 16 ITEM PRICE SCHEDULE Furnish & Install Utility Box 18 (PG&E) #6 Primary 4'x 6'/2 x 4 EA $ 26,500 $ 106,000.00 6'D Furnish & Install Utility Box 19 (PG&E) Traffic Fully -Rated 1 EA $ 32,000 $ 32,000 #6 Prima 4'x 6'/z' x 6'D Furnish & Install Utility Box 20 (PG&E) #7 Primary 4'/2 x 8'/2 x 6 EA $_28,500 $ 171,000.00 Furnish & Install Utility Box 21 (PG&E) Traffic Fully -Rated 2 EA $ 34,000 $ 68,000 #7 Prima 4'/z x 8'/2 x 6'D 22 Furnish Utility Box (AT&T) Tx 2 EA $ 7,700 $ 15,400 5' x 4' Revocable 23 Furnish Utility Box (AT&T) 4'x 5 EA $ 9,800 $ 49,000 6.5' x 4' Revocable 24 Install Utility Box (AT&T) 3' x 5' 2 EA x 4' $ 5,500 $ 11,000 25 Install Utility Box (AT&T) 4'x S EA 6.5' x 4' $ 8,500 $ 42,500 26 Install Utility Box (Comcast) "B44" 6 EA $ 2,500 $ 15,000 27 Joint Trench 5,066 LF $ 281 $1,423,546.00 28 Joint Trench AC Pavement 3,880 LF $ 86 $ 333,680.00 Restoration 29 Connect Conduit to Pole or Tie- 8 EA $ 900 $ 7,200 in Location PG&E 30 Connect Conduit to Pole or Tie- 3 EA $ 900 $ 2,700 in Location AT&T 31 Connect Conduit to Pole or Tie- 4 EA $ 900 $ 3,600 in Location Comcast 32 Service Conversion 5 EA $_12,500 $ 62,500 33 Bore Pits 1 LS 11,000 511,000 34 Receiving Pits 1 LS $_11,000 $ 11,000 Directional Boring for Service 35 Under Adobe Creek (12264 1 LS 47,500 $ $ 47,500 Tepa Way) Proposal El Monte Fire Station Utility Undergrounding (Rule 20A) Project 16 ITEM PRICE SCHEDULE ADDENDUM NO. 1 36 Directional Boring for Service Under Adobe Creek (12254 Te a Way) 1 LS $ 47,500 $ 47,500 37 Directional Boring for Joint Trench Under Culvert 1 LS $ 61,000 $ 61,000 38 Town Encroachment Permits 1 LS $170,027 $170,027 39 Compliance with CDFW Permit Requirements 1 LS $ 39,000 $ 39,000 40 Comcast Meter Box Revocable 1 EA $ 21,000 $ 21,000 41 Microsurfacing 86,185 SF $-1.30 $112,040.50 42 Signing and Striping 1 LS $ 71,000 $ 71,000 TOTAL OF BASE BID ITEMS (1-42): $ 3,868.742.50 TOTAL BASE BID AMOUNT IN WORDS Three Million, Eight Hundred and Sixty Eight Thousand, Seven Hundred and Forty Two, and Fifty Cents COMPARISON OF BIDS: The lowest bid shall be the lowest total price for the base contract. QUANTITIES OF WORK The quantities of work of material stated in the unit bid price items of the Bid Schedule are supplied only to give an indication of the general scope of the Work. The Town does not expressly nor by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit bid item by an amount up to 25 percent increase or decrease without a change in the unit prices, and shall have the right to delete any bid items in its entirety and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work. Proposal El Monte Fire Station Utility Undergrounding (Rule 20A) Project 17 ITEM PRICE SCHEDULE LIST OF SUBCONTRACTORS The Bidder shall list the name, address and telephone number of each subcontractor, required to be listed by the provisions in Section 2-1.10, "Subcontractor List" of the Special Provisions and the Standard Specifications, to whom the Bidder proposes to subcontract portions of the work. SUBCONTRACTOR'S NAME & LICENSE NO. Precision Boring (784008) Graham Contractors (315789) Tri Valley Striping (850528) F3 Survey (LS6608) QA Constructors Inc (A1013265) PLACE OF BUSINESS (ADDRESS & PHONE) 3800 Vista Oaks, Martinez, CA 94553 415-206-9050 860 Lonus Street, San Jose, CA 95126 PO Box 617 Knightsen, CA 94548 925-787-1003 701 East H Street, Benicia, CA 94510 707-748-4300 850 S Van Ness Ave, Ste.35 San Francisco CA 94110 831-6491799 18 DESCRIPTION OF PORTION OF WORK SUBCONTRACTED Directional Drilling Microsurfacing Striping Survey AC Prop -al 2024 Underground Utility District in the Aces Around El Monte Fite Station CONTRACTORS C71Ct"� STATE LICENSE BOARD 6jo ACTIVE LICENSE ,.N-811031CORP PHOENIX ELECTRIC COMPANY coo a E, 0.. 07/31/2026 www.cslb.ca.gov mm+"+ BUSINESS REGISTRATION CERTIFICATE RENEWBYDATE EXPIRATIONDATE 05-31-2025 06-30-2025 z 0 Ln BUSINESS ACCOUNT NUMBER LOCATION ID N 0358809 0358809-02-001 0 N TRADE NAME (DBA) BUSINESS LOCATION w G PHOENIX ELECTRIC COMPANY 1350 VAN DYKE AVE N m `�- BUSINESS THIRD PARTY TAX COLLECTOR m U. PHOENIX ELECTRIC COMPANY PARKING TAX ❑TRANSIENT OCCUPANCY TAX w J CITY AND COUNTY OF SAN FRANCISCO ai Ln PHOENIX ELECTRIC COMPANY OFFICE OF THE TREASURER & TAX COLLECTOR J 1350 VAN DYKE AVE -_ SAN FRANCISCO CA 94124-3313 _ Jose Cisneros David Augustine Treasurer Tax Collector Read reverse side. To update addresses or to close a business, go to https://sftreasurer.org/business-account-update TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and [ Employer identification number Number To Give the Requester for guidelines on whose number to enter. j'"—j _ �1 0 j T 1 7 1 0 9 0 0 4 5 8 Under penalties of perjury, 1 certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2.1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3.1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part Il, later. "'J" Signature of Here U.S. person Ii, Date ► ?i V General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Request for Taxpayer Give Form to the FormWw9 (Rev. October 2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. PHOENIX ELECTRIC COMPANY 2 Business nameldisregarded entity name, if different from above m �P 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the Y 4 Exemptions codes apply only to P ( PP Y Y CD following seven boxes. certain entities, not individuals; see instructions o �-y ❑ Individual/sole proprietor or ❑ C Corporation Lb S Corporation ❑Partnership ElTrust/estate on page 3): ai a single -member LLC Exempt payee code (if any) CL ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► o JENote: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting m LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code ( if any) a o another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (see instructions) ► (App#w to accounts maintained oaWde ttw U.S.) N6 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) m 1350 VAN DYKE AVE 6 City, state, and ZIP code SAN FRANCISCO, CA 94124 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number _ [I] backup withholding. For individuals, this is generally your social security number (SSN. However, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and [ Employer identification number Number To Give the Requester for guidelines on whose number to enter. j'"—j _ �1 0 j T 1 7 1 0 9 0 0 4 5 8 Under penalties of perjury, 1 certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2.1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3.1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part Il, later. "'J" Signature of Here U.S. person Ii, Date ► ?i V General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) ADDENDA ACKNOWLEDGMENT AND INFORMATION The undersigned acknowledges receipt of Addendum No. 1 through 2 inclusively. PRINCIPAL PERSONS WITH INTEREST IN PROPOSAL The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE. If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co- partnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full. Phoenix Electric Company David Lau, President 2024 Underground Utility District in the Area Around El Monte Fire Station 19 ADDENDUM NO. 1 EXPERIENCE AND FINANCIAL QUALIFICATIONS The bidder has been engaged in the contracting business under State License No. 811031 for a period of years. Bidder's qualifications will be evaluated based on their experience, financial strength, and other criteria provided in the Proposal to perform the work per contract and complete the work timely. Bidders not demonstrating relevant project experience for this project will be deemed not responsible and their bid will be disqualified. The bidder's three most recently completed Contracts relevant to Rule 20 utility undergrounding or utility joint trench projects are: Title of Proiect: South Maple R20 Owner: Lane Partners Address: 30 Tanforan Avenue, South San Francisco, CA 94080 Telephone No.: 650-838-0100 Engineer in Charge: Power Systems Design Date Accepted: May 2024 2. Title of Proiect: 300 Kansas Street Owner: 300 Kansas Street Owner LLC Address: 300 Kansas Street, San Francisco, CA 94103 Telephone No.: 925-820-8502 Engineer in Charge: Millennium Design & Consulting —nate-Accepted- Dec 2023 Title of Project: R20 531 Bryant Street Owner: Urban Land Development Proposal El Monte Fire Station Utility Undergrounding (Rule 20A) Project 24 EXPERIENCE AND FINANCIAL QUALIFICATIONS ADDENDUM NO. 1 Address: 650 Jackson Street, San Francisco, CA 94133 Telephone No.: 415-431-3800 Engineer in Charge: Millennium Design & Consulting Date Accepted: Nov 2023 Reference is hereby made to the following bank or banks as to the financial responsibility of the bidder: Name of Bank Address Tri Countries Bank 975 EI Camino Real, South San Francisco, CA 94080 Reference is hereby made to the following surety companies as to the financial responsibility and general reliability of the bidder: Company: Great American Insurance Group 1350 Treat Blvd, Suite 300, Walnut Creek CA 94597-7959 Company: Address: Proposal EI Monte Fire Station Utility Undergmunding (Rule 20A) Project 25 EXPERIENCE AND FINANCIAL QUALIFICATIONS PUBLIC CONTRACT CODE Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _ , has not X been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Pmposal 2024 Underground Utility District in the Area Around El Monte Fire Station 22 Public Contract Code Section 10162 Questionnaire In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? YES NO X If the answer is yes, explain the circumstances in the following space: proposal 2024 Underground Utility District in the Am Around EI Monte Fire Station 23 Public Contract Code 10232 Statement In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. NA Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. David Lau 24 Proposal 2024 Underground Utility District in the Area Around EI Monte Fire $talion NON -COLLUSION DECLARATION To Be Executed by Bidder and Submitted with Bid In accordance with Title 23 United States Code Section 112 and California Public Contract Code 7106, the undersigned declares: I am the President of Phoenix Electric Company , the party making the foregoing bid. 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 colluded, conspired, connived, or agreed with any bidder or anyone else to put in a 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 05.15.24 [date], at San Francisco [Town], CA [state]. Phoenix Electric Company By: (Signature of authorized Proposal 2024 Underground Utility District in the Area Around EI Monte Fire Station 25 representative of Bidder) David Lau (Type Name) President (Title) Proposw 2024 Underground Utility District in the Area Around El Monte Fire Station 7 ACOR 7 0 lillC40 CERTIFICATE OF LIABILITY INSURANCE ATE (MM/DD/YYYY) r6/5/2024 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 R. C. Fischer 8c CO. P.O. Box 8101 Walnut Creek CA 94596 CONTACT NAME: Maria Mantlne0 PHONE FAX •925-627-5472 ac No): 925-932-0962 ADDRESS: mmantineo@rcfischer.com INSURERS AFFORDING COVERAGE NAIC # Y INSURER A: The Travelers Indemnity Company of Connecticut 25682 License#: 0142335 INSURED PHOEELE-01 Phoenix Electric Company 1350 Van Dyke Avenue INSURER B: Travelers Property Casualty Company of America 25674 INSURER C: Ironshore Specialty Insurance Company 25445 INSURER D: San Francisco CA 94124 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1892842036 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 OF INSURANCE ADDLSUBRTYPE IVSD WVD POLICY NUMBER MM POLDD/YYYY Y EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y CO-4X12122A 11/2/2023 11/2/2024 EACH OCCURRENCE $2,000,000 � OCCUR DAMAGE TO RENTED PREM Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL BADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $4,000,000 POLICY JET F—] LOC PRODUCTS - COMP/OP AGG $4,000,000 $ OTHER: A AUTOMOBILE LIABILITY 810-4X004641 11/2/2023 11/2/2024 COMBINED SINGLE LIMIT $1,000,000 Ea accident BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X HIREDX NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTYDAMAGE $ Per accident UMBRELLA LAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED RETENTION$ $ S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N Y UB -4X172697 11/2/2023 11/2/2024 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below - E.L. DISEASE- POLICY LIMIT $ 1,000,000 C POLLUTION ICELLUW00158476 5/19/2024 5/19/2025 EACH OCC/AGG $2MM/$2MM DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: EI Monte Fire Station Utility Undergrounding (Rule 20A) Project. The Town, its officials, and employees are named additional insureds per CGD2460419 & CAT3530215. Insurance is primary and noncontributory per CGT1000219 & CAT4990216. Waiver of subrogation applies per WC990376A. I.CKI Ir'IUAIC NULUCK I,.ANI,CLLA I I UN Town of Los Altos Hills 26379 Fremont Road Los Altos Hills CA 94022 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 _T-:Eau-� © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD PHOEELE-01 SHUDSON CERTIFICATE OF LIABILITY INSURANCE Dar6/512024 MM/DDIYYYY) 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 CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): Panorama Insurance Associates, Inc dba Professional Insurance Associates In CA 3009 Douglas Blvd Suite 300 Roseville, CA 95661 ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A:Travelers Indemnity Company Of Connecticut (The) 25682 INSURED INSURER B: Travelers Indemnity Company Of America the 25666 INSURERC:Admlral Ins Co 24856 Phoenix Electric Co. INSURER D: Travelers Property Casualty Company of America 25674 1350 Van Dyke Ave. San Francisco, CA 94124 INSURER E: Ironshore Specialty Ins Co 125445 INSURER F 11/2/2024 COVERAGES CERTIFICATE NUMBER: 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 ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X OCCURDT22-CO-4X12122A-TCT-23 X X 11/2/2023 11/2/2024 DAMAGE TO RENTED 300,000 PREMISES Ea occurrence $ MED EXP (Any oneperson) $ 10,000 PERSONAL &ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4'000,600 PRO- D LOC POLICY �X PRODUCTS $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ BODILY INJURY Perperson) $ X ANY AUTO X X 810 -4X004641 -23-26-G 11/2/2023 11/2/2024 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS PROPERTY DAMAGE Per accident) ccident $ AUTOS ONLY AUUTO ONLY $ C UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000'000 X EXCESS LIAB CLAIMS -MADE UX000000057601 1/7/2024 11/2/2024 DED RETENTION$ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE X U B4X172697 111212023 11/2/2024 X PER OTH- STATUTE ER 1,000,000 E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ (Mandatoryin NH) N / A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 1,000,000 E.L. DISEASE -POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below E Pollution/Mold ICELLUW00148274 5/19/2023 5/19/2024 Each occurrence 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: EI Monte Fire Station Utility Undergrounding (Rule 20A) Project - Per written contract with the Named Insured. Town of Los Altos Hills is an additional insured, as respects general liability, perform CG D2 46 04 19 attached. General Liability primary and non-contributory wording per from CG T1 00 02 19 attached. General Liability waiver of subrogation per form CG D3 16 02 19 attached. Auto additional insured and primary and non-contributory wording per form CA T4 99 02 16 attached. Auto waiver of subrogation per form CA T3 53 02 15 attached. Workers Compensation waiver of subrogation per form WC 99 03 76 (A) attached. Excess Liability follows the general liability, auto liability and employers liability. 30 day notice of cancellation except 10 day cancellation nothce for non-payment of premium. CIR Form attached. Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ASUTHO�RRIIZZEE..DD REPRESENTATIVE "-j ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD � l ACORV' AGENCY CUSTOMER ID: PHOEELE-01 LOC #: 1 ADDITIONAL REMARKS SCHEDULE SHUDSON Page 1 of 1 AGENCY NAMED INSURED Panorama Insurance Associates, Inc dba Professional Insurance Associates In CA Phoenix Electric Co. 1350 Van Dyke Ave. San Francisco, CA 94124 POLICY NUMBER EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Contractual Insurance Requirements - CIR Form The attached Certificate of Insurance is provided as part of our service, to our client, the insured. If special endorsements have been provided, they are also indicated attached. You may find that these documents do not comply with all the terms and conditions of the underlying contract between the Certificate Holder and the Insured due to the insurance company's insuring conditions, limitations, exclusions and other terms. If you have any questions, please contact the undersigned. Panorama Risk & Insurance Solutions 52 S. First St., #310 San Jose, CA 95113 CA License #6001592 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD GENERAL LIABILITY ENDORSEMENT TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, CA 94022 Attention: John Chau A. POLICY INFORMATION 1. Insurance Company: The Travelers Indemnity Co. of CT Policy Number: CO-4X12122A 2. Policy Term: From: 11/02/2023 To: 11/02/2024 Endorsement Effective Date: 3. Named Insured: Phoenix Electric Company 4. Address of Named Insured: 1350 Van Dyke Avenue San Francisco, CA 94124 5. Limit of Liability Any One Occurrence/Aggregate $2,000,000/$4,000,000 6. Deductible or Self -Insured Retention Nil unless otherwise specified): 5,000 deductible 7. "Claims Made" coverage: Retroactive Date: N/A Tails: N/A B. POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto it is agreed as follows: 1. INSURED: The Town, its elected or appointed officials, employees, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. Contract 22024 Undcrground Utility Dimricl in the Area Around rl Monte Fire Station 34 2. CONTRIBUTION NOT REQUIRED: As respects: (a) work performed by the Named Insured for or on behalf of the Town; or (b) products sold by the Named Insured to the Town, or (c) premises leased by the Named Insured from the Town, the insurance afforded by this policy shall be primary insurance as respects the Town, its elected or appointed officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the Town, its elected or appointed officials, employees or volunteers shall be excess of this insurance and shall not contribute with it. 3. SCOPE OF COVERAGE: The policy: (1) if primary, affords coverage at least as broad as Insurance Services Office form for Broad Form Commercial General Liability Insurance and Insurance Services Office form for Broad Form Commercial General Liability endorsement; or (2) if excess, affords coverage which is at least as broad as the Primary Insurance form referenced in the preceding Section (1). 4. SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company's limit of liability. 5. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its elected or appointed officials, employees or volunteers. 6. CANCELLATION NOTICE: The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after THIRTY (30) days prior written notice by Certified Mail Return Receipt Requested have been given to the Town. Such notice shall be addressed as shown in the heading of this endorsement. C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, Maria Mantineo (print/type name), warrant that I have authority to bind the below -listed insurance company and by my signature hereon do so bind this company. Signature of Authorized Representative (original signature on endorsement furnished to the Town) ORGANIZATION: RC Fischer & Co. TITLE: Commercial Account Executive ADDRESS: 1777 Botelho Dr Suite 375, Walnut Creek, CA 94596 TELEPHONE: 925-932-7823 contract 2024 Underground Utility District in lks Ars. Around el Moms Fire Swiu 35 AUTOMOBILE LIABILITY ENDORSEMENT TOWN OF LOS ALTOS HILLS 26379 FREMONT ROAD LOS ALTOS HILLS, CA 94022 Attention: John Chau A. POLICY INFORMATION 1. Insurance Company: The Travelers Indemnity Co. of CT. Policy Number: 810-4X004641 2. Policy Term: From: 11/02/2023 To: 11/02/2024 Endorsement Effective Date: 06/05/2024 3. Named Insured: Phoenix Electric Company 4. Address of Named Insured: 1350 Van Dyke Avenue San Francisco, CA 94124 5. Limit of Liability Any One Occurrence/Aggregate $1,000,000.00 6. Deductible or Self -Insured Retention Nil unless otherwise s ecified : NIL 7. "Claims Made" coverage: Retroactive Date: N/A Tails: N/A B. POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto it is agreed as follows: 1. INSURED: The Town, its elected or appointed officials, employees, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on Comma 2024 Underground Utility District in the Arca Around rl Monte Fire Station 36 behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED: As respects: (a) work performed by the Named Insured for or on behalf of the Town; or (b) products sold by the Named Insured to the Town, or (c) premises leased by the Named Insured from the Town, the insurance afforded by this policy shall be primary insurance as respects the Town, its elected or appointed officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the Town, its elected or appointed officials, employees or volunteers shall be excess of this insurance and shall not contribute with it. 3. SCOPE OF COVERAGE: This policy affords coverage to the Named Insured which is at least as broad as Insurance Services Office form for Automobile Liability, Code 1 ("any auto"). 4. SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company's limit of liability. 5. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its elected or appointed officials, employees or volunteers. 6. CANCELLATION NOTICE: The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after THIRTY (30) days prior written notice by Certified Mail Return Receipt Requested has been given to the Town. Such notice shall be addressed as shown in the heading of this endorsement. C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, Maria Mantineo (print/type name), warrant that I have authority to bind the below -listed insurance company and by my signature hereon do so bind this company. Signature of Authorized Representative (original signature on endorsement furnished to the Town) 37 C -T_' 2024 Underground Utility District in the Area Around EI Man, Fire Station ORGANIZATION: RC Fischer & Co. TITLE: Commercial Account Executive ADDRESS: 1777 Botelho Dr Suite 375, Walnut Creek, CA 94596 TELEPHONE: 925-932-7823 Contract 2024 Undcrgroimd Utility District in ilia Arca Amend GI %ionic Fire Station 38 WORKERS COMPENSATION/EMPLOYEES LIABILITY ENDORSEMENT TOWN OF LOS ALTOS HILLS 26379 FREMONT ROAD LOS ALTOS HILLS, CA 94022 Attention: John Chau A. POLICY INFORMATION 1. Insurance Company: Phoenix Electric Company Policy Number: UB -4X172697 2. Endorsement Effective Date: 05/05/2024 3. Named Insured: Phoenix Electric Company 4. Employer's Liability Limits (coverage B) $1,000,000.00 B. POLICY AMENDMENTS: This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto it is agreed as follows: 1. CANCELLATION NOTICE: The insurance afforded to this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after THIRTY (30) days prior written notice by Certified Mail Return Receipt Requested have been given to the Town. Such notice shall be addressed as shown in the heading of this endorsement. 2. WAIVER OF SUBROGATION: The Company agrees to waive all rights of subrogation against the Town, its elected or appointed officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the Town. C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER C.w.l 2024 Underground Ulilily Dmt,ia in the Arca Aruund EI Monte Fire Slalian 39 1 Maria Mantineo (print/type name), warrant that I have authority to bind the below -listed insurance company and by my signature hereon do so bind this company. Signature of 'Z Authorized representative (original signature on endorsement furnished to the Town) ORGANIZATION: RC Fischer & Co. TITLE: Commercial Account Executive ADDRESS: 1777 Botelho Dr Suite 375, Walnut Creek, CA 94596 40 TELEPHONE: 925-932-7823 C"'"« 2024 Undzrymund Utility Oiv,ki in the Arca Around [I %lwn Fire Station CERTIFICATE OF INSURANCE TOWN OF LOS ALTOS HILLS 26379 FREMONT ROAD LOS ALTOS HILLS, CA 94022 Attention: John Chau This certifies that the following described policies have been issued to the insured named below and are in force at this time. Insured Phoenix Electric Company Address 1350 Van Dyke Avenue, San Francisco, CA 94124 Description of operations/locations/products insured (show Contract name and/or number if any). El Monte Fire Station Utility Undergrounding (Rule 20A) Project. POLICIES AND INSURERS LIMITS EXPIRATION Bodily Injury Property Damage DATE Policv Number Worker's Compensation Employer's Liability $1,000,000 11/02/2024 UB -4X172697 Insurer Travelers Property Casualty Co. of America Commercial General Liability Each Occurrence $2,000,000 Each Occurrence 11/02/2024 Aggregate $4,000,000 Aggregate CO -4X121 22A Insurer Travelers Indemnit • Co. of CT Combined Single Limit Business Auto Policy Liability Each Person Each Accident 11/02/2024 810-4X004 Coverage Symbol 1 Each Accident Combined Single Limit 641 Insurer Travelers Indemnity Co. of Cr $1,000,000 Umbrella Liability Occurrence/Aggregate $ Self -Retention $ Insurer The following coverages or conditions are in effect: Yes 111 No ❑ The Town, its officials, and employees are named on all liability policies described above as insured as respects: a activities performed for the Com act 2024 Underground Utility Disuid in 16e Arca Aruand LI klome Fire Station 41 CERTIFICATE OF INSURANCE TOWN OF LOS ALTOS HILLS 26379 FREMONT ROAD LOS ALTOS HILLS, CA 94022 Attention: John Chau This certifies that the following described policies have been issued to the insured named below and are in force at this time. Insured Phoenix Electric Com Address 1350 Van Dyke Ave, San Francisco, CA 94124 Description of operations/locations/products insured (show Contract name and/or number if any). POLICIES AND INSURERS LIMITS EXPIRATION Bodily Injury Property Damage DATE Policy Number Worker's Compensation Employer's Liability $ Insurer Commercial General Liability Each Occurrence Each Occurrence Aggregate Aggregate Insurer Combined Single Limit Business Auto Policy Liability Each Person Each Accident Coverage Symbol Each Accident Combined Single Limit Insurer Umbrella Liability Occurrence/Aggregate $1,000.000 / $1,000,000 11/02/2024 Self -Retention $ 2,500.00 UX00000057601 Insurer The following covera es or conditions are in effect: Yes No ❑ The Town, its officials, and employees are named on all liability policies described above as insured as respects: a activities performed for the C-1, 't 2024 Underground Utility District it, the Arca Around El Monro Firc Station 41 yes Town or on behalf of the named insured, (b) products and completed operations of the named insured and (c) premises owned, leased or used by the named insured Products and com leted o erations: Yes © No ❑ The undersigned will mail to the Town 30 days written notice of cancellation or reduction of coverage or limits, cross liability clause (or equivalent wording).___ Yes 1XI No ❑ Personal Injur ,erils A, B, and C. Yes ® No ❑ Broad form property damage. Yes IN No ❑ X, C, U hazards included. Yes I@ No ❑ Contractual liability coverage applying to this Contract. Yes IM No ❑ Liquor liability. Yes ❑ No ❑ Coverage afforded the Town, its officials, employees and volunteers as an insured applies as primary and not excess or contributing to any insurance issued in the name of the Town. Yes IN No ❑ Waiver of subrogation from worker's compensation insurer. This certificate is issued as a matter of information. This certificate is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate or insurance 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. RC Fischer & Co. Agency or Brokerage 1777 Botelho Dr Suite 375, Walnut Creek, CA 94596 Address Maria Mantineo Name of Person to be Contacted Travelers Insurance Co. Insurance Company 401 Lennon Lane, Walnut Creek, CA 94595 Home Office M Authorized Signature C-IraC1 2021 U.&,S,... d Utility District in the Area Around GI ante Fire simian 42 925-932-7823 06/05/2024 Telephone Date NOTE: Authorized signature may be the agent's, if agent has placed insurance through an agency agreement with the insurer. If insurance is brokered, authorized signature must be that of official of insurer. Contract 1024 Underground Utility District it, the Arca Around rl kf-le Fi,t Simm 43 Bond No.: 5-77-00-58 Premium Included in Performance Bond TOWN OF LOS ALTOS HILLS STATE OF CALIFORNIA PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the Town of Los Altos Hills, a General Law Town, has awarded to PHOENIX ELECTRIC COMPANY hereinafter designated as the "Principal", a contract for the EI Monte Fire Station Utility Undergrounding (Rule 20A) Project, and WHEREAS, said Principal is required to furnish a bond with said Contract, to secure payment of claims of laborers, mechanics, or material persons employed on work under said Contract, as provided by law. NOW, THEREFORE, we the undersigned Principal and Surety are held and firmly bound unto the Town of Los Altos Hills in the sum of Three Million Eight Hundred Sixty -Eight Thousand Seven HundredDOLLARS Forty -Two and 5100 ($ 3,868,742.50 ), said sum being equal to the estimated amount payable by said own of Los Altos Hills under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if said Principal, his/her or its heirs, executors, administrators, successors, or assigns, or subcontractors shall fail to pay for any material, provisions, provender or other supplies, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, 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 Franchise Tax Board from the wages of employees of the Contractor and his/her subcontractors pursuant to the Revenue and Taxation Code, with respect to such work and labor, 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 voided. In case suit is brought upon this bond, said Surety will pay a reasonable attorney's fee to be fixed by the court. This bond shall insure to the benefit of all persons, companies and corporations entitled to file claims under Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. Said Surety, for value received, hereby stipulates and agrees that, in accordance with the Plan, Standard Specifications, Special Provisions and other Contract Documents, no change, extension of time, alteration or Payment Bond 2024 Underground Utility District in the Area Around EI Monte Fire Station 47 addition to the terms of the Contract, or to the work to be performed there under, or to the specifications accompanying the same, shall in anywise 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. IN WITNESS WHEREOF, the above -bounded parties have executed this instrument under their seals this day of lune 13 , 2024, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Corporate Seal) (Acknowledgment) (Corporate Seal) (Acknowledgment) (Seal) 48 PHOENIX ELECTRIC COMPANY Principal By Title QY e S'\ 4'10n -k- GREAT AMERICAN IN,IJRANCE COMPANY Surety By. Title Nip Pham Payment Bond 2024 Underground Utility District in the Area Around EI Monte Fire Station Approved as to form: Town (Witness) Payment Bond 2024 Underground Utility District in the Area Around EI Monte Fire Station CALIFORNIA ALL-PURPOSE, ACKNOWLEDMENT CIVIL CODE § 1 189 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 Santa Clara On June 13 , 2024, before me, An M. Pham , Notary Public, personally appeared Nip Pham , 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 capaTown(ies), and that by his/her/their signature(s) on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. E* a AN M. PHAM =, Notary Public - California Santa Clara County > Commission k 2356451 My Comm. Expires May 4, 2025 ' 4M Signature: % (Seal) Payment Bond 2024 Underground Utility District in the Area Around EI Monte Fire Station s0 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE No.O 21694 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREATAMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attomey-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name NIP PHAM TUAN PHAM AN M. PHAM Address ALL OF CUPERTINO, CALIFORNIA Limit of Power ALL $100,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 23RD day of SEPTEMBER 2021 Attest GREAT AMERICAN INSU NCE COMPAN Assistant Secretary Divisional Senior Vice President STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK viCAHio (877-377-2405) On this 23RD day of SEPTEMBER 2021 , before me personally appeared MARK VICARIO, to me known, being duly swom, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. SUSAN A KOHORST Notary Public State of Ohio My Comm. Expires May 18, 2025 This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or anyone of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this 51029AH (03/20) 1 3th day of June , 2024 44.. e• Assistant Secretary 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 Francisco ) On June 17,2024 before me, Motoe Ngov, Notary Public (insert name and title of the officer) personally appeared David Lau 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. MOVE KURIYAMA NGOV WITNESS my hand and official seal.?*-V NotaryPublic-California San Francisco County 5 Commission # 2422610 Comm. Expires Nov 18, 2026 ^� r ! I Signature (Seal) Bond No.: 5-77-00-58 Premium: $40,819.00 TOWN OF LOS ALTOS HILLS STATE OF CALIFORNIA PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the Town of Los Altos Hills, State of California, has awarded to PHOENIX ELECTRIC COMPANY hereinafter designated as the "Principal," a contract for the EI Monte Fire Station Utility Undergrounding (Rule 20A) Project, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract. GREAT AMERICAN NOW, THEREFORE, we the Principal, and INSURANCE COMPANY as Surety, are held and firmly bound unto the Town of Los Altos Hills in the penal sum of Three Million Eight Hundred Sixty -Eight Thousand Seven Hundred Forty -Two and 50/100 DOLLARS ($ 3,868,742.50 ), 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, successors, or assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounded Principal, his/her/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 said Contract and any alteration thereof made as therein provided, on his/her 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 defend, indemnify and save harmless the Town of Los Altos Hills, its officers and agents as therein stipulated, then this obligation shall become invalid; otherwise it shall be and remain in full force and virtue. Surety, for value received hereby stipulates and agrees that, in accordance with the Plans, Standard Specifications, Special Provisions and other Contract Documents, no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed there under or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the Contract or to the work or to the specifications. Coro, et 2024 Underground Utility District in the Area Around FI Monte Fire Station 44 IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this day of lune 13 , 2024, the name and corporate seals of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Corporate Seal) (Acknowledgment) (Corporate Seal) (Acknowledgment) (Seal) Approved as to form: Town 45 PHOENIX ELECTRIC COMPANY Principal By Title c�ey t- GREATAMERICA Surety By Attor vs -in -fact Title Nip Pham (Witness) URANCE COMPANY Contract 2024 Underground Utility District in the Area Around EI Monte Fire Station CALIFORNIA ALL-PURPOSE ACKNOWLEDMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Santa Clara On June 13 , 2024, before me, An M. Pham , Notary Public, personally appeared Nip Pham , 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 capaTown(ies), and that by his/her/their signature(s) on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. AN M. PHAM Notary PL biic - California rf _ Santa Clara County � Commission ; 2356451 ° My Comm. Expires May 4. 20Z5 Signature: 04 (Seal) Conaracl 2024 Underground Utility District in the Area Around EI Monte Fire Station GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE POWER OF ATTORNEY No.O 21694 KNOW ALL MEN BY THESE PRESENTS: That the GREATAMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawfiil attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name NIP PHAM TUAN PHAM AN M. PHAM Address ALL OF CUPERTINO, CALIFORNIA Limit of Power ALL $100,000,000 This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 23RD day of SEPTEMBER 2021 Attest GREAT AMERICAN INSU NCE COMPAN Assistant Secretary Divisional Senior Vice President STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK viCAR10 (877-377-2405) On this 23RD day of SEPTEMBER 2021 , before me personally appeared MARK VICARIO, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this S1029AH (03/20) 1 3th day of June , 2024 41C. e• Assistant Secretary SUSAN A KOHORST •''� Notary Public 4 State of Ohio s My Comm. Expires May 18, 2025 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this S1029AH (03/20) 1 3th day of June , 2024 41C. e• Assistant Secretary 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 Francisco ) On June 17,2024 before me, Motoe Ngov, Notary Public (insert name and title of the officer) personally appeared David Lau 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 Nil L-y MOTOE KURIYAMANGOV Notary Public - California San Francisco County Commission # 2422610 Comm. Expires Nov 18, 2026 (Seal)