1. Tender Agreement — Anaheim City Council, March 25, 2025

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TENDER AGREEMENT
This Tender Agreement (“Agreement”) is made and entered into as of 2025, by andbetweenthe City of Anaheim (“theCity”) andUnited StatesFire InsuranceCompany (“USFIC”). In this Agreement, the City andUSFIC are sometimesreferredto collectivelyasthe “Parties” andindividually asa “Party.”

RECITALS
WHEREAS, the City is the owner of the publicly funded constructionproject describedastheAnaheimWestTowerParkingGarageE.V. ChargerProject (“Project”).

WHEREAS, on or aboutNovember18, 2022, theCity andPro-Cal Lighting Inc. dbaPro-Cal ElectricalContracting (“Pro-Cal”) enteredinto a written contractpursuantto which Pro-Cal agreedto providethe installationof new 600 amppowerservice, switch gearand distribution panelsto supply eighteen (18) dual port level 2 chargersin the basementfor City fleet charging, two (2) directcurrentfastchargers (DCFC) on thefirst floor, andfive (5) dualport level 2 chargerson thethird floor for public accesscharging the “Contract.”) A true and correct copy of the Contract is attachedhereto and incorporatedhereinasExhibit “A.”
WHEREAS, as required by the Contract, Pro-Cal and USFIC executed a PerformanceBond and Payment Bond numbered in the amount of 953,570.00assecurityfor Pro-Cal’sperformanceobligationsin theContract. Thebonds described in this paragraph are the “ Payment Bond” and “PerformanceBond,” respectively, andcollectivelyarethe “Bonds.”
WHEREAS, on November18, 2024, Pro-Cal notified the City it would not completeits work on theProject.

WHEREAS, on November20, 2024, the City sent USFIC notice of Pro-Cal’s failure to completethe Project. The City hasasserteda claim againstthe Performance Bondandhasdemandedcompletionof theContract.

WHEREAS, asof the Effective Dateof this Agreement, the ContractAmount is 911,720.26. To date, the City haspaid Pro-Cal the sum of $745,459.38 andthereis a remainingContractBalancein theamountof $166,260.88 (the “ContractBalance”), which is furthersummarizedbelow:
a. Total Contract Amount $ 953,570.00
b. ContractChanges (Bid Items4, 5 & 21) -$ 41,849.74
c. AdjustedContractAmount = $ 911,720.26
d. EarnedContractFundsto Date $ 830,691.86
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e. AmountPaidto Principal (Pro-Cal) $ 745,459.38
f. Contract Balance = $ 166,260.88
g. Earnedunpaidcontractfunds (Progress
PayApp 6) $ 43,697.89
h. Retention $ 41,534.59
i. Total to bePaid to Surety = $ 85,232.48
WHEREAS, in accordancewith thetermsof thePerformanceBond, USFIChereby tendersto the City a completioncontractor, (“CompletionContractor”), to completethe Project in accordancewith the terms of the agreementbetweenCity and Completion Contractor (“CompletionContract”), whichshallincludeamongotherrequirements, bonds andinsuranceprovisions; in additionCompletionContractorwill notberesponsiblefor the following itemsto theextentcausedin wholeor in partby Pro-Cal: warrantywork, latent defects, attorneys’ feesor unpaidmaterials, suppliers, subcontractorsor otherbills, costs, or expensesof Pro-Cal; and
WHEREAS, City hasreceivedanestimateto completetheProjectatthis time (the CompletionContractPrice”).

WHEREAS, USFIC is processingthe claims of subcontractorsand suppliersof Pro-Cal pursuantto thetermsof its PaymentBond.

WHEREAS, USFICis desirousof satisfyingits allegedobligationsin accordance with thetermsandconditionsof its PerformanceBond.

THEREFORE, theCity and USFIC, agreeasfollows:

Section1.01 USFIC agrees:
a) In accordancewith USFIC’sobligationsundertheBondsandsubjectto the termsandconditionsof this Agreement, USFICwill tendertheCompletionContractorin orderfor theCity to effectuatethecompletionof theProject. b) TheCity andUSFICacknowledgethattheCity is withholdingRetentionin theamountof $41,534.59asaresultof StopPaymentNoticesreceivedby theCity. USFIC agreesto resolvesaidStopPaymentNoticessothattheRetentionFundscanbereleased.

Uponresolutionof theStopPaymentNotices, anyandall paymentsdueor to becomedue to Pro-Cal, areto beremittedto USFICandUSFICherebyreservesall rights, of anynature, to paymentof theRetentionFunds.
c) Exceptas to paymentsspecifiedin Section1.01(b) and 1.02(a), USFIC agreesto waive all right, title or interestto the ContractBalanceor any portion thereof.

USFICfurtheracknowledgesthattheCity shallhavethefull discretionto useanyportion of theContractBalancefor anypurpose.
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d) To remainliableunderits PaymentBondfor anyvalid obligationsincurred by Pro-Cal to its subcontractors, laborers, truststo which fringe benefitcontributionsare owedonbehalfof laborerswhowereemployedby Pro-Calandwhosuppliedlaborfor use ontheProjectand/or suppliesin performingtheworkundertheContract. Thetotalliability of theUSFICunderthePaymentBondis limited to andshallnot exceedthepenalsumof thePaymentBondin theamountof $953,570.00, andUSFICretainsall obligations, rights anddefensespursuantto the PaymentBond. This Agreementdoesnot affectthe terms, conditions, or obligationsof USFICpursuantto its PaymentBond. e) To pay all valid PaymentBond claimsin accordancewith the termsand conditionsof thePaymentBondissuedby USFICfor theProject, andapplicablelaw. The City representsthat the following stoppaymentnoticeshavebeenfiled with, or served upontheCity in connectionwith theContract. TheCity representsthatit haslistedbelow all stoppaymentnoticesreceivedto datebut thatadditionalstoppaymentnoticesmaybe submittedagainsttheContractBalancein connectionwith theContract. This Agreement doesnot affect the terms, conditions, or obligationsof USFIC pursuantto its Payment Bond. BoththeCity andUSFICacknowledgethatit mayreceiveadditionalstoppayment noticesin connectionwith the Contractfollowing the executionof this Agreementand USFIC shall defendandindemnify the City for any andall stop paymentnotices, both knownandunknown, receivedby theCity in connectionwith theContract.

Date Subcontractor /
Supplier
Stop Payment
NoticeAmount
Withheld
Amount
12/10/24 DeepScanInc. $ 5,470 $ 6,837.50
1/22/25 Doty Brothers $ 9,677.72 $ 9,677.72
Total: $ 16,515.22
f) To defend, indemnify and hold Completion Contractor and the City harmlessfrom andagainstanylosses, liabilities, costs, expenses, attorneys’ fees, claims, disputes, arbitration, or litigation broughtor commencedby Pro-Cal, or anysubcontractor or supplierof Pro-Cal of anytier, or anyworkeror uniontrustfundof Pro-Cal, claiminga right to paymentfrom thePaymentBondfor work performedprior to thisAgreement. The City will providenoticeof any PaymentBond claimsreceivedby any subcontractoror supplierof Pro-Cal to USFICwithin seven (7) daysof receipt.

Section1.02 The City agrees:
a) Within ( 10) businessdays after the City Council’s approval of this Agreementand USFIC’s receiptof the fully executedagreement, City shall makefull paymentof EarnedUnpaidContractFunds, includingPayApplication #6 in theamountof 43,697.89, to “United StatesFire InsuranceCompany,” referencingclaim number 3266236.1 06193-490-00C 4
TenderAgreement
NJU00773274, and mail said check to 305 Madison Avenue, Attn: Michelle Tryone, Morristown, New Jersey07960. Instructionsfor electronicpaymentby wire or ACH will beprovideduponrequest.
b) In the eventof any breachor default in the performanceby Completion Contractor, theCity agreesto makedemandandlook solelyto CompletionContractorand CompletionContractor’s performanceandpaymentbondsfor the Projectandany other remedieswhich may be availableto the City. In the eventthat CompletionContractor’s price for completion of the Completion Contract for any reason differs from the CompletionContractor’sbid, USFICshallhavenoobligationto makeanyfurtherpayment, with theexceptionof anycorrectivework to beperformedby CompletionContractorfor any defectiveor nonconformingwork performedby Pro-Cal, which is not yet known or hasnot beendiscoveredby theCity asof thedateof this Agreement. TheCity will advise USFICuponthediscoveryof anysuchdefectiveor nonconformingwork andshallconsult with USFICabouttheappropriateremedyfor suchwork.
c) USFICis, throughthisAgreement, actingin its capacityassuretyonbehalf of Pro-Cal andthatby executingthis Agreement, USFICis not assuminganyobligations for liabilities beyondthosesetforth in its PerformanceBondandthis Agreement. In the eventof any breachor default in the performanceby CompletionContractor, the City agreesto make demandand look solely to the Completion Contractor, Completion Contractor’s performanceand paymentbondsfor the Project, and any other remedies whichmaybeavailableto theCity. Exceptasexpresslysetforth herein, includingsubject to the City’s full reservationof rights againstUSFIC assetforth in this Agreement, the City shallmakeno furtherdemandsandassertno furtherclaim againstUSFICunderthe Bondsor this Agreement.
d) Upon full executionof this Agreement, full executionof the Completion Contract, and provision by the Completion Contractor of satisfactorypayment and performancebondsandcertificatesevidencingall requiredinsurance, andexceptfor the obligationscreatedhereunder, the City agreesto release, acquit, and forever discharge USFICandits successorsandassignsof andfrom its obligationto completetheProjectin accordancewith all termsandconditionsin theContractDocumentsagainstUSFICunder and/or by reasonof its PerformanceBondpreviouslyfurnishedto theCity, exceptthatthe partiesshallnot waiveanyclaimsby theCity againstPro-Cal andUSFICrelatingto any andall defectiveand/or non-conformingwork by Pro-Cal or its subcontractors. TheCity representsthat it is not awareof any defectiveor non-conforming work at this time.

Notwithstandingthis Agreement, USFIC shall be responsibleto the City for all related costs for any and all defective and/or non-conforming work by Pro-Cal or its subcontractors.

Section1.03 All parties agree:
a) Recitals. TheaboveRecitalsareherebyincorporatedby referenceinto the termsandconditionsof this Agreement.
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b) Entire Agreement. This Agreement, including exhibits, representsthe entire and integrated agreementbetween the Parties hereto and supersedesprior negotiations, representationsor agreements, eitherwrittenor oral. c) No Third-PartyRights. Thatthis Agreementis solelyfor thebenefitof the City, USFIC andCompletionContractor. This Agreementdoesnot createany rights or increasetherightsof third-partybeneficiaries, nor shallextendto or increasetherightsof third-partyclaimants.
d) PerformanceBond and PaymentBond. That USFIC is enteringinto this Agreementand making paymentsas specifiedin this Agreementin order to satisfy its obligationsassuretyunderthePerformanceBondandthePaymentBond. It is expressly recognizedthat any paymentsmadeand costsincurred by USFIC have beenand are incurredto satisfy its obligations, and it is agreedthat USFIC’s rights to be equitably subrogatedfor all costs and expensesincurred and/or paid in connectionwith its PerformanceBondandits PaymentBondareunaffectedby this Agreement. Additionally, thisAgreementshallnotalterordiminishanyrightsof USFICundertheGeneralIndemnity Agreementexecutedby Pro-Cal andits indemnitors, or any other agreementsto which USFIC, Pro-Cal, or Pro-Cal’s indemnitorsareaparty.
e) No ModificationExceptin Writing. This Agreementshallnotbechanged, amended, or alteredin anywayexceptin writing andexecutedby all of theParties. f) Interpretation; Governing Law. This Agreementshall be interpreted, enforced, governed, andcontrolledby andunderthelawsof theStateof California. g) Notice to the City. Any noticeor communicationto the City underthis Agreementshallbeaddressedto:

City Clerk
City of Anaheim
200S. AnaheimBoulevard, 2ndFloor
Anaheim, California 92805
FAX No. (714) 765-4105
With acopyto:

Directorof PublicWorks
City of Anaheim
200S. AnaheimBoulevard, 2ndFloor
Anaheim, California92805
FAX No. (714) 765-5225
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h) Notice to USFIC. Any noticeor communicationfrom theCity to USFIC underthis Agreementshallbeaddressedto:

BethRotenberg
AssistantVice President, SuretyClaims
Crum & Forster
305MadisonAvenue
Morristown, New Jersey07960
[email protected]
With acopyto:

RosaMartinez-Genzon, Esq.

Anderson, McPharlin & ConnersLLP
707WilshireBoulevard, Suite4000
Los Angeles, California90017
[email protected]
i) Successors/Assigns. This AgreementshallbebindinguponthePartiesand theirrespectivesuccessorsandassigns.
j) Severability. In the eventthat oneor moreprovisionsof this Agreement shall be declaredto be invalid, illegal or unenforceablein any respect, unlesssuch invalidity, illegality or unenforceabilityshallbe tantamountto a failure of consideration, the validity, legality and enforceabilityof the remainingprovisionscontainedin this Agreementshallnotin anyway beaffectedor impairedthereby. k) IndependentJudgment; Advice of Counsel. That each Party to this Agreementandits legalcounselhavereviewedandrevisedthis Agreement. Therule of constructionthatanyambiguitiesareto beresolvedagainstthedraftingpartyshallnot be employedin theinterpretationof this Agreement, or anyamendmentsor exhibitshereto. l) Authority to Execute. That the personsexecutingthis Agreementon its behalf is fully authorizedby the Party to bind and commit eachsuch Party to this Agreementandto theprovisionshereof.
m) Counterparts. This Agreementmay be executedin multiple counterparts andby facsimileor electronicsignature, eachof whichwhentakentogethershallconstitute a singledocument.
o) EffectiveDate. TheEffectiveDateof this Agreementshallbethedateof theapprovalby City.

Signatureson following page]
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IN WITNESSWHEREOF, thepartiesheretohaveexecutedthis Agreementasof theEffectiveDate.

Dated: ____________, 2025 CITY OFANAHEIM ______________________________________ By:

Its:

Dated: ____________, 2025 UNITED STATESFIRE INSURANCE
COMPANY ______________________________________
By: BethJ. Rotenberg
Its: AssistantVice President, SuretyClaims
154248.8

EXHIBIT A

ORIGINAL

AGREEMENT FOR PUBLIC WORK
THIS AGREEMENT FOR PUBLIC WORK is made and entered into by and between the CITY OF ANAHEIM, a municipal corporation,
organized pursuant to a freeholder' s charter,
hereinafter referred to as " CITY,"
A
N
D
PRO- CAL LIGHTING, INC. dba PRO- CAL ELECTRICAL CONTRACTING 1155 S. Santa Fe Avenue, Suite A
Vista, CA 92083
hereinafter referred to as " CONTRACTOR."
WITNESSETH:

WHEREAS, the City Council of the City of Anaheim has heretofore by resolution, duly passed and adopted, approved and authorized the construction of the public improvement ( Project) described in Exhibit A ( which Exhibit A is incorporated by reference herein) in accordance with the design, plans, profiles, drawings and/ or specifications as prepared; and WHEREAS, the City Council of the City of Anaheim duly caused to be published a notice as required by law on the Publication Dates ( set forth in Exhibit A) inviting sealed proposals for the furnishing of all plant, labor, services, materials, and equipment, and all utilities and transportation, including power, fuel and water, and performing all work necessary to construct and complete in a good and workmanlike manner, in strict accordance with said plans and specifications on file in the Office of the City Clerk of the City of Anaheim of Project, which notice specified that such sealed proposals would be received at the Office of the City Clerk up to the hour of 2: 00 o' clock P. M., on the Bid Opening Date set forth in Exhibit A and would be opened on said date at the hour of 2: 00 o' clock P. M., in public, in the City Council Chamber in the City Hall, City of Anaheim, State of California, by the City Clerk and the City Engineer, and the result of the said sealed proposals tabulated by the City Engineer and reported to the City Council for its consideration at a meeting held no later than thirty ( 30) days after the bids were opened; and WHEREAS, said notice did state and declare that pursuant to the provisions of Section 1770 of the Labor Code, the Director of the Department of Industrial Relations had ascertained the prevailing rate of wages in the locality in which this type of labor is to be performed, for each craft or type of workman or mechanic needed to execute the Agreement, and did state that the prevailing hourly wage scale so ascertained can be found on the following websites:
http:// www. dir. ca. gov/ dlsr/ DPrewageDetermination. htm and http:// www/ wdol. gove/ dba. aspx# 0; WHEREAS, the City Engineer did thereupon duly tabulate all of the sealed proposals so received and did make a report to the City Council; and WHEREAS, the City Council of the City of Anaheim did, at a subsequent regular or adjourned regular meeting held on the Award Date ( set forth in Exhibit A), find that the sealed proposal of CONTRACTOR for furnishing of all plant, labor, services, materials and equipment and all utilities and transportation, including power, fuel and water, and performing all work necessary to construct and complete the Project in strict accordance with the design, plans, profiles and specifications for said Project prepared by Designer and on file in the Office of the City Clerk of the City of Anaheim was the lowest responsible proposal submitted for the furnishing of said plant, labor services, materials and equipment, and all utilities and transportation, including power, fuel and water and performing all work necessary for the construction of said Project as specified in the notice inviting sealed proposals; and
WHEREAS, the City Council of the City of Anaheim did, on the Award Date, adopt the Award Resolution accepting the sealed proposal of, and awarding to, CONTRACTOR, the Agreement to furnish all of said plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and perform all work necessary to construct and complete the herein above described Project in strict accordance with the design, plans, profiles and specifications for said Project prepared by Designer, and on file in the Office of the City Clerk of the City of Anaheim for the construction and completion of said Project above described in accordance with the notice inviting sealed proposals, the plans and specifications, the instructions to bidders, and in accordance with the written Agreement to be made and entered into by and between CITY and CONTRACTOR, a copy of which is on file in the Office of the City Clerk of the City of Anaheim.

NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PROMISES,

COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:

FIRST: That the complete Agreement shall consist of and include the following documents, all of which, from 2 to 14 inclusive, shall be, and are hereby incorporated by reference and made a part hereof as fully as if set out in full herein:

1. This Agreement.

2. The resolution adopted by the City Council of the City of Anaheim approving the design, plans and specifications for said Project prepared by Designer and authorizing and approving the construction thereof, together with all addenda thereto and modifications incorporated therein prior to the opening of bids.

3. The notice inviting sealed proposals published by the City of Anaheim on the Publication Dates ( set forth in Exhibit A).

4. The Instruction to Bidders.

5. The Bid Proposal.
2 6. The accepted proposal.

7. The design, plans, profiles, drawings and the general specifications and the detail specifications and drawings and all addenda thereto and all modifications incorporated therein prior to the date of the opening of bids as prepared by Designer and on file in the Office of the City Clerk of the City of Anaheim.

8. The Award Resolution adopted by the City of Anaheim, accepting the sealed proposal of CONTRACTOR and awarding the Agreement for the Project.

9. The Bid Security Form for check or bond.

10. The Faithful Performance Bond.

11. The Labor and Material Bond.

12. The Non- Collusion Affidavit.

13. The Insurance policies, endorsements and certificates.

All Agreement documents and plans are intended to be consistent one with the other so that any document or plan called for in any document or plan but not mentioned in any other document or plan is to be executed the same as if mentioned in all agreement documents and set forth in the specifications and drawings.

SECOND: The said CONTRACTOR agrees to furnish all tools, equipment, apparatus, facilities, plant, labor, services and materials and all utilities and transportation, including power, fuel and water, and to perform all work necessary to construct and complete in a good and workman like manner said Project herein above mentioned and particularly described, together with the appurtenances thereto, at the location specified in the general and detail plans and specifications and in the manner designated and in strict conformity with the notice inviting sealed proposals, the proposal submitted and accepted, and said general and detail plans and specifications adopted by the City Council of the City of Anaheim as aforesaid, and all Agreement documents herein above referred to. It is understood and agreed that all said plant, labor, services, materials and equipment shall be furnished and said work performed and completed by CONTRACTOR as an independent contractor, subject to the inspection and approval of CITY, its City Engineer, Field Engineers or Inspectors or their representatives.

THIRD: For and in consideration of the furnishing by said CONTRACTOR as herein provided of said tools, equipment, apparatus, facilities, plant, labor, services and materials, and utilities and transportation, including power, fuel and water and the performing of all work for the construction, installation and completion in strict accordance with the plans and specifications herein above referred to and the Agreement documents of said Project as herein above described together with the appurtenances thereto, said contractor shall be entitled and shall be paid by CITY, and CONTRACTOR agrees to accept in full satisfaction therefore the sum ( Contract Price) ( Set forth in Exhibit A), subject to any additions thereto or deductions therefrom which may be made in accordance with the provisions of the agreement documents, 3 which contract price shall be paid at the times and in the manner set forth in the specifications and addenda thereto or modifications thereof prepared by Designer prior to opening of bids.

FOURTH: CONTRACTOR agrees that CONTRACTOR will pay to
every laborer or mechanic employed by CONTRACTOR no less than the prevailing rate of per diem wages and rates for work, which latest rates are promulgated on the following websites:
http:// www. dir. ca. gov/ dlsr/ DPrewageDetermination. htm and http:// www. wdol. gove/ dba. aspx# 0, and which prevailing rates or wages so ascertained and determined and so specified are incorporated herein by reference and made a part hereof the same as though set out in full herein, Pursuant to the provisions of Section 1775 of the Labor Code of the State of California, CONTRACTOR shall forfeit as a penalty to CITY the sum of Twenty- Five Dollars ($ 25. 00) for each calendar day or portion thereof for each laborer, workman or mechanic employed and paid less than the stipulated rates for any work done under the Agreement by CONTRACTOR or any subcontractor under CONTRACTOR in violation of the provisions of this Agreement.

CONTRACTOR agrees to comply with the provisions of Section 1777. 5 of the Labor Code of the State of California.

FIFTH: Eight ( 8) hours of labor shall constitute a legal day’ s work upon all work done hereunder, and it is expressly stipulated that no workman employed at any time by CONTRACTOR or by any subcontractor under this Agreement upon the work or upon any part of the work contemplated by this Agreement shall be required or permitted to work thereon any more than eight ( 8) hours in any one day except as provided in Sections 1810 to 1815, inclusive, of the Labor Code of California, all of the provisions whereof are deemed to be incorporated herein. It is further expressly stipulated that for each and every violation of said last named stipulation, said CONTRACTOR shall forfeit as a penalty to CITY Twenty- Five Dollars

25. 00) for each workman employed in the execution of this Agreement by CONTRACTOR or any subcontractor under this Agreement, for each calendar day during which any workman is required or permitted to labor more than eight ( 8) hours in violation of the provisions of said sections of the Labor Code.

CONTRACTOR shall keep full, true and accurate records of the names and actual hours worked by the respective workers and laborers employed under this Agreement and shall allow access to the same at any reasonable hour to CITY, its agents or representatives and to any person having the authority to inspect the same as contemplated under the provisions of said Labor Code.

SIXTH: CONTRACTOR agrees to commence the work provided
herein immediately upon the receipt of a written NOTICE TO PROCEED from CITY, and to continue in a due and diligent, workmanlike manner, without interruption, and to complete the work within the number of days ( Contract Completion Days) set forth in Exhibit A ( excluding Saturdays, Sundays and holidays). Delivery of an executed copy of the Agreement shall be completed when an executed copy thereof is delivered personally to CONTRACTOR or its authorized agent or representative, or when a copy thereof is placed in an envelope to said CONTRACTOR at its address as shown on the first page of this Agreement and deposited in the United States mail at Anaheim, California, with the postage thereon fully prepaid. 4 CONTRACTOR acknowledges and agrees that time is of the essence in the performance of work provided in the agreement. CONTRACTOR agrees that all certificates of insurance and bonds ( or approved alternative forms of security) required by the Agreement, together with three 3) copies of the Agreement fully executed by CONTRACTOR, ( collectively referred to herein as the “ Contract, Insurance and Bond Documents”) shall be delivered to CITY by CONTRACTOR on or before the twenty- first ( 21st) calendar day (“ Document Deadline Date”) following the Award Date set forth in Exhibit A. CONTRACTOR further acknowledges and agrees that no NOTICE TO PROCEED with the work shall be given to CONTRACTOR by CITY until such time as CITY has received and approved said Contract, Insurance and Bond Documents. In the event said Contract, Insurance and Bond Documents are not received by CITY on or before said Document Deadline Date, CONTRACTOR agrees to the deduction of one ( 1) working day from the number of Contract Completion Days set forth in Exhibit A for every day in delay of receipt by CITY of the Contract, Insurance and Bond Documents beyond the Document Deadline Date. Said deduction shall be alternative to any other remedy available to CITY upon CONTRACTOR’ S failure to provide said Contract, Insurance and Bond Documents on or before the Document Deadline Date, including the right of CITY to refuse to execute and deliver the Agreement due to such failure by CONTRACTOR and to take such other action as may be authorized by law. In the event said Contract, Insurance and Bond Documents are not received by CITY on or before the Document Deadline Date, the subsequent delivery of a fully executed copy of this Agreement to CONTRACTOR by CITY shall be deemed an election by CITY to exercise the deduction of working days provision of this Paragraph without further notice to CONTRACTOR being required.

SEVENTH: All tools, equipment, apparatus, facilities, plant, labor, services and materials shall be furnished and work performed and completed subject to inspection, the final approval, and acceptance of CITY or its authorized representatives.

EIGHTH: Should any dispute arise respecting the true value of any work omitted or of any work which CONTRACTOR may be required to do, or respecting the size of any payment to CONTRACTOR during the performance of the Agreement, said dispute shall be decided by the Engineer of CITY, subject to the approval of CITY.

NINTH: CONTRACTOR shall at all times maintain proper facilities and provide safe access for inspection by CITY, its engineering or representatives, to all parts of the work and to the jobs wherein the work is in preparation. Where the specifications require work to be specially tested or approved, it shall not be tested without timely notice to CITY of its readiness for inspection and without the approval thereof, or consent thereto by the latter.

TENTH: Contractor hereby releases and agrees to indemnify and hold harmless CITY, its officers, agents, employees, and representatives for damage to property or for injury to or death of any persons and from all claims, demands, actions, of any kind whatsoever, arising out of or encountered in connection with this Agreement or the prosecution of work under it, whether such claims, demands, actions, or liability are caused by CONTRACTOR, CONTRACTOR’ S agents or employees or products installed on the Project by CONTRACTOR or subcontractors, excepting only such injury, death, or damages as may be caused solely and exclusively by CITY. Such indemnification shall extend to all claims, demands, actions, or liability for injuries, death or damages, occurring after completion of the Project as well as during 5 the work’ s progress. CONTRACTOR agrees that it shall at its own cost, expense and risk, defend CITY, its officers, agents, employees, and representatives in any and all claims, demands, actions, suits or other legal proceedings which may be brought or instituted against CITY, its officers, agents, employees, or representatives.

Without limiting CITY’ S right to indemnification, it is agreed that CONTRACTOR shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows:

Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $ 1, 000, 000 per occurrence.

Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Bodily Injury, Sexual Abuse and Molestation, Personal Injury Liability, Products/ Completed Operations Liability, and Independent CONTRACTOR’ S Liability, in an amount not less than Two Million Dollars ($ 2, 000, 000) per occurrence, Four Million Dollars 4, 000, 000) annual aggregate, written on an occurrence form. Such insurance shall be written on a primary basis, but may include a deductible of not more than Ten Thousand ($ 10, 000) per occurrence, provided that such deductible or self- insured retention is disclosed to - CITY, in writing, at the inception of this Agreement.

Comprehensive Automobile Liability Coverage including— as applicable— owned, non- owned, and hired autos, in an amount not less than Two Million Dollars ($ 2, 000, 000) per occurrence, combined single limit, as required by California law.

Each insurance policy required by this Agreement shall contain the following clause or shall otherwise provide for the following conditions:

This insurance shall not be cancelled, or limited in scope or coverage, until after thirty ( 30) days prior written notice has been given to the City Clerk, City of , 200 S.

Blvd., CA 92805, except in the event of cancellation for non- payment of premium that shall provide for not less than ten ( 10) days’ notice.”
Each insurance policy required by this Agreement, except policies for Workers’ Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:

It is agreed that any insurance maintained by CONTRACTOR pursuant to this Agreement shall be primary to, and not contribute with, any insurance or self- insurance maintained by the City of ANAHEIM.”
The City of , its officers, agents, employees, representatives and CITY- designated volunteers are added as additional insured as respects the acts, omissions, operations and activities of, or on behalf of, the named insured, in regard to products supplied to, or work or services performed for, or related to, the City of .”
6 Prior to commencing any work trader this Agreement, CONTRACTOR shall deliver to - CITY insurance certificates confirming the existence of the insurance required under this Agreement, and including the applicable clauses referenced above. Also, within thirty ( 30) days of the execution date of this Agreement, CONTRACTOR shall
provide - CITY ( i) endorsements to the insurance policies that add to these policies the applicable clauses referenced above, or ( ii) in lieu of said endorsements, documentation acceptable to - CITY evidencing that the coverage, terms, and conditions set forth in the above- referenced clauses are otherwise included in said insurance policies. Insurance required hereunder shall be placed with insurers ( i) admitted to write insurance in California, ( ii) possessing an A. M. Best’ s rating of A VII or higher, or ( iii) otherwise acceptable to CITY, with prior written permission from CITY. In the event that a claim or other legal action is filed against CITY, and if CITY, in its good faith opinion, believes it may have coverage under any of the insurance required herein, then CITY has the right to demand, and to receive
within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provision shall not apply if the parties agree that CONTRACTOR shall fully defend, hold harmless, and indemnify - CITY against any such claim or other legal action.

In addition to other remedies CITY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:

1. Order CONTRACT OR to stop work under this Agreement and/ or withhold any payment( s) that become due to CONTRACTOR hereunder until CONTRACTOR demonstrates compliance with the requirements hereof;

2. Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies may have and is not the exclusive remedy for CONTRACTOR’ S failure to maintain insurance or secure appropriate endorsements.

Nothing herein contained shall be construed in any way as limiting the extent that an may be held responsible for payments of damages to persons or property resulting from CONTRACTOR’ S , ( or CONTRACTOR’ S AGENT or SUB- AGENT, if any) performance of the work covered under this Agreement.

In the event CONTRACTOR hires other persons or firms to perform some of the work related to this Agreement, CONTRACTOR shall ensure ( i) that the acts or omissions of such persons or firms are covered under the above- referenced liability insurance, or ( ii) that such firms maintain insurance equal to or better than, and subject to the same limits, terms and conditions as, the insurance required of CONTRACTOR under this Agreement shall provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to CITY.

ELEVENTH: CONTRACTOR shall under no circumstances assign this Agreement without the written permission of CITY.
7 In addition to the change orders and extra work specified and provided for in the plans and specifications, CITY may at any time during the progress of said work when the public interest and necessity so require or when it is for the best interest or advantage of CITY so to do, request any alterations, deviations, additions to or omissions from said Agreement, specifications or plans or the work, labor and materials to be furnished thereunder, and the same shall in no way affect or make void this Agreement, but will be added to or deducted from the amount of said Contract Price as the case may be. Any alterations, additions or deviations requiring extra work shall be compensated for as provided in the specifications, unless otherwise mutually agreed upon.

TWELFTH:

A) Inspection of Records - CITY, through its authorized agents, engineers or representative, shall have the right to inspect all work as it progresses and shall have access to all payrolls, records of personnel, invoices of materials and any and all other data relevant to the performance of this Agreement. There shall be submitted to CITY through its authorized agents, the names and addresses of all personnel and such schedules of cost of labor, cost and quantities of materials and other items, supported as to correctness by such evidence as, and in such form as, CITY through its authorized agents or representatives may require. The submission and approval of such schedules, if required shall be a condition precedent to the making of any payments under the Agreement.

B) There shall be provided for the use of the CITY Engineer of CITY inspectors such reasonable facilities as they may request.

C) CONTRACTOR shall furnish to CITY the names and addresses of all subcontractors on the Project at the earliest date practicable.

THIRTEENTH: CONTRACTOR shall notify CITY or its engineer a sufficient time in advance of the manufacture or production of materials to be supplied by CONTRACTOR under this Agreement in order that CITY may arrange for mill or factory inspection and the testing of same.

Any material shipped by CONTRACTOR from the factory prior to having passed such testing and inspection by CITY’ s engineer or prior to the receipt of notice from said engineer that such testing and inspection will not be required, shall not be incorporated on the job.

CONTRACTOR shall also furnish to CITY, in triplicate, certified copies of all required factory and mill test reports.

FOURTEENTH: It is hereby understood that the time for the completion of said Agreement work is the number of Contract Completion Days as specified in Paragraph “ SIXTH” hereof, excluding Saturdays, Sundays and holidays, subject, however, to delays caused by reason of a suspension ordered by the City Engineer or because of any other act or neglect of CITY or its officers or employees without contributory fault or negligence on the part of CONTRACTOR or his agents or employees or subcontractors, or if the work should be delayed by fire, storm, flood or other acts of God, by war or act of public enemies, by restriction of the use of, procurement of, or inability to obtain materials, by strikes, by unusual delay in transportation, unavoidable casualties or any cause beyond the control and without the fault and negligence of 8 CONTRACTOR, or for any other reason which, in the opinion of the City Engineer of CITY, is proper justification for delay. The time for completion shall be extended for the length of time equal to the delay caused by any other reason which, in the opinion of the City Engineer of CITY, is proper justification for delay. The time for completion shall be extended for the length of time equal to the delay caused by any of the above- mentioned causes. And should the work not be completed within the time herein specified or any extension thereof, to the satisfaction of CITY, there shall be deducted from the final payment to CONTRACTOR a sum per day as Liquidated Damages ( set forth in Exhibit A), and not as a penalty, for each day' s delay after the expiration of such period until the final acceptance of the work and its delivery to said CITY. It is further understood and agreed that should CONTRACTOR fail to furnish the plant, materials, equipment and do and perform all work and labor as herein provided in the manner herein set forth in good and workmanlike manner, it shall, in addition to any other penalties provided in the Agreement documents, be liable to CITY for all losses or damages that the latter may suffer on account thereof.

FIFTEENTH: CITY may withhold from CONTRACTOR so much of accrued payments as may be necessary to pay laborers and mechanics employed on the work the difference between the rate of wages required by this Agreement to be paid to laborers and mechanics on the work and the rate of wages actually paid to such laborers or mechanics.

SIXTEENTH: CONTRACTOR shall, at all times, exercise reasonable precautions for the safety of employees on the Project, and applicable provisions of State and local laws and building and construction codes shall be observed by CONTRACTOR. All machinery and equipment and other physical hazards shall be guarded in accordance with the safety provisions of the Manual of Accident Prevention in construction of the Associated General Contractors of America unless such provisions are incompatible with State or Municipal laws or regulations, in which event such State or Municipal laws or regulations shall control.

SEVENTEENTH: CONTRACTOR shall insert appropriate provisions in all subcontracts relating to this Project to insure the fulfillment of Paragraphs 1 to 18 inclusive.

EIGHTEENTH: In the event that any of the provisions of this Agreement are violated by CONTRACTOR or by any subcontractor under any subcontract on the Project, CITY may terminate the Agreement by serving written notice upon CONTRACTOR of its intention to terminate such Agreement and, unless within ten ( 10) days after the serving of such notice, such violation shall cease, the Agreement shall, upon the expiration of said ten days, cease and terminate. As to violations of the provisions of this Agreement which cannot be remedied or corrected within ten days, said Agreement shall, at the option of CITY, cease and terminate upon the giving of like notice. In the event of any such termination for any of the reasons above- mentioned, CITY may take over the work and prosecute the same to completion by Agreement or otherwise for the account and at the expense of CONTRACTOR and/ or subcontractor or subcontractors, and CONTRACTOR and its sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination, and CITY may take possession of and utilize in completing the work, such materials, appliances and plant as may be on the site of work and necessary therefore. This clause shall not be construed to prevent the termination, for other causes, authorized by law or other provisions of this Agreement. 9 NINETEENTH: Whenever in the specifications any material or process is indicated or specified by patent or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the material and/ or process desired, and shall be deemed to be followed by the words " OR EQUAL," and the bidder, in the proposal submitted by bidder, may offer any material or process which shall be equal in every respect to that so indicated or specified.

If the bidder shall not offer any substitute in said proposal or if a substitute so offered by the bidder is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one as shall be specified in the proposal, or if none be so specified, then such one shall be required by CITY.

TWENTIETH: If CONTRACTOR should neglect to prosecute the work properly or fail to perform any provisions of this Agreement, CITY, after three days' written notice to CONTRACTOR, may without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due CONTRACTOR; provided, however, that the City Engineer of CITY shall approve such action and certify the amount thereof to be charged to CONTRACTOR.

TWENTY- FIRST: If CONTRACTOR should be adjudged a bankrupt, or should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency of CONTRACTOR, or if CONTRACTOR should persistently or repeatedly refuse or should fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper materials to construct and complete said Project within the time herein required, in a good and workmanlike manner, or if CONTRACTOR should fail to make prompt payment to subcontractors, or for materials or labor, or persistently disregard laws, ordinances or the instructions of CITY or its duly authorized engineers, inspectors or representatives, or otherwise be guilty of a substantial violation of any provision of the agreement documents, then CITY, upon the certification of its CITY and Consulting Engineers that sufficient cause exists to justify such action may, without prejudice to any other right or remedy and after giving CONTRACTOR five ( 5) days' written notice, terminate the employment of said CONTRACTOR and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever methods it may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract Price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to CONTRACTOR. If such expense shall exceed such unpaid balance, CONTRACTOR shall pay the difference to CITY. The expense incurred by CITY as herein provided, and the damage incurred through CONTRACTOR' S default, shall be certified by the City Engineer.

TWENTY- SECOND: It is expressly understood and agreed that CONTRACTOR herein named in the furnishing of all plant, labor, services, materials and equipment and performing the work as provided in this Agreement is acting as an independent contractor and not as the agent, servant or employee of the City of Anaheim.

TWENTY - THIRD: It is expressly understood and agreed that CONTRACTOR shall comply throughout the entire term of this Agreement with the all express 10 requirements of Labor Code Sections 1725. 5, 1771. 1, 1771. 4 and 1776, including but not limited to, compliance with contractor and subcontractor registration and requirements related to certified payroll records.

TWENTY- FOURTH: Any notices, demands, correspondence, or communications required or permitted to be given by this Agreement shall be sufficiently given by CONTRACTOR when received by CITY at the Office of the City Clerk, Anaheim Civic Center, 200 South Anaheim Boulevard, Anaheim, California 92805. CONTRACTOR shall concurrently mail a copy to the City Engineer at 200 South Anaheim Boulevard, Second Floor, Anaheim, California 92805.

Any notice, demands, correspondence or communications required or permitted to be given by this Agreement shall be sufficiently given by CITY when placed in the United States mail, postage prepaid to CONTRACTOR at CONTRACTOR' S address shown on Page 1 of this Agreement.

Either party may, from time to time, designate a different address to which such notice, demands, correspondence or communications are to be delivered.

TWENTY- FIFTH: Unless a different date is provided in this Agreement, the Effective Date shall be the latest Date of Execution, hereinafter set forth below the names of the signators hereto. Should CONTRACTOR fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by CITY.

Remainder of page intentionally left blank]
11 DATE OF EXECUTION
EMc,
APel

CITY OF ANAHEIM
A municipal corporation,
By: A0— 2--------------------------------------------------- Rudy Emami, Director of Public Works
o
CITY”
ATTEST:

CITY CHI
NDED1%
By:

DATE OF EXECUTION: PRO- CAL LIGHTING, INC. dba PRO- CAL

ELECTRICAL CONTRACTING
By:

Title: Presion- / CDo.___________________
CONTRACTOR”
APPROVED AS TO FORM:

ROBERT FABELA, CITY ATTORNEY
By:

BrynM. Morley
Deputy City Attorne
Date:
145211
12 CALIFORNIA

ALL PURPOSE CERTIFICATE OF ACKNOWLEDGEMENT
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
On before me , Notary Public
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 fore going paragraph is true and correct.

WITNESS my hand and official seal.

YuOYLl
signature of notary public 0
1 MICHELLE M. REGELLO" 1
L1A COMM. # 2235833 z
ra- atig Notary Public - California 8
z’Aer) San Diego County —
1 07 My Comm. Expires Apr, 22, 2022 (
seal)
PROFESSIONAL NOTARY ASSOCIATION OF AMERICA V2014. 11 ack- allpurpose. doc

EXHIBIT A
Project: Anaheim West Tower Parking Garage E. V. Charger Project Project description:

The work to be undertaken for the Anaheim West Tower parking garage consists of installation of new 600 amp power service, switch gear and distribution panels to supply eighteen ( 18) dual port level 2 chargers in the basement for City fleet charging, two ( 2) direct current fast chargers ( DCFC) on the first floor, and five ( 5) dual port level 2 chargers on the third floor for public access charging.

Affected right of way improvements for the power service will also be rehabilitated per City of Anaheim ( COA) standards. Other elements include replacement of asphalt paving, sidewalk, curb gutter, and/ or landscaping disturbed by construction, and any appurtenant work needed to complete project scope.

The project will increase public access to EV charging, as well as support increased use of EVs for fleet purposes. This project is funded by the State of California’ s Low Carbon Fuel Standard ( LCFS) program that promotes zero emission vehicle proliferation.

Location: 125 W. Center St. Promenade and W. Lehman Way from Lemon St. to Anaheim Blvd.

RCP2021- 19043, BLD2021- 02618
Account No: 525- 521- 6276- 7075- 2100257- 04
LOWEST AND BEST RESPONSIBLE BIDDER:

PUBLICATION DATES:

BID OPENING DATE:

PREVAILING WAGE RATE RESOLUTION NO:

AWARD DATE:

CONTRACT PRICE:

CONTRACT COMPLETION DAYS:

LIQUIDATED DAMAGES:

Pro- Cal Lighting Inc.

Dba Pro- Cal Electrical Contracting
1155 S. Santa Fe Ave., Ste A
Vista, CA 92083
1/ 11/ 2022 and 1/ 13/ 2022
02/ 10/ 2022
Per Current D. I. R. Publication
03/ 15/ 2022
953, 570. 00
Nine Hundred Fifty Three Thousand
Five Hundred Seventy Dollars)
Phase I ( procurement) 14 calendar weeks
Phase II ( construction) 60 Working Days
Five Hundred Dollars ($ 500) per
calendar day
Executed in Four Originals
PREMIUM listed on Performance Bond

LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Anaheim, a municipal corporation of Orange County, California, has awarded to PRO- CAL LIGHTING, INC. dba PRO- CAL ELECTRICAL CONTRACTING, 1155 S. Santa Fe Avenue, Vista, CA 92083, License No. 1002601, ( hereinafter called " Principal"), a contract for installation of new 600 amp power service, switch gear and distribution panels to supply eighteen ( 18) dual port level 2 chargers in the basement for City fleet charging, two ( 2) direct current fast chargers ( DCFC) on the first floor, and five ( 5) dual port level 2 chargers on the third floor for public access charging. Affected right of way improvements for the power service will also be rehabilitated per City of Anaheim ( COA) standard. Other elements include replacement of asphalt paving, sidewalk, curb & gutter, and/ or landscaping disturbed by construction, and all appurtenant work as shown on the plans and delineated in the specifications on file in the office of the City Engineer. Account Nos. 525- 521- 6276- 7075- 2100257- 04.

WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Anaheim to secure the claims to which reference is made in Part 6 of Division 4 of the Civil Code of the State of California ( commencing with Section 8000).

NOW, THEREFORE, said Principal and United States Fire Insurance Company , as corporate Surety are held firmly bound unto the City of Anaheim and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in Part 6 of Division 4 of the Civil code of the State of California ( commencing with Section 8000) in the sum of Nine Hundred Fifty Three Thousand Five Hundred Seventy Dollars and No Cents, ($ 953, 570. 00) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Part 6 of Division 4 of the Civil Code of the State of California ( commencing with Section 8000), so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect 1 its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.

IN WITNESS WHEREOF, three ( 3) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety herein named, 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.

Date: March 29, 2022
PRO- CAL LIGHTING, INC. dba PRO- CAL

ELECTRICAL CONTRACTING

PRINCIPAL

PRESIDENT
United States Fire Insurance Company
jbng A toiney in Fact

OF SURETY

SECRETARY
305 MADISON AVENUE, MORRISTOWN. NJ 07960
APPROVED AS TO FORM:

ROBERT FABELA, CITY ATTORNEY
2 CALIFORNIA

State of California
County of O0v) Ro f SS.

On Ap\ W, 3- 092 before me, Menelle M. Regello , Notary Public personally appeared Bwaw J. Movales____________________________________________, 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 fore going paragraph is true and correct.

WITNESS my hand and official seal. J 60 MICHELLE M. REGELLO [ bbgkla COMM. # 2235833 z
Et9etge Notary Public ' California 3
Tsy7 San Diego County —
1 os My Comm, Expires Apr, 22, 2022 f
seal)
signature of notary public ( I
PROFESSIONAL NOTARY ASSOCIATION OF AMERICA v2014. 11 ack- allpurpose. doc

CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA 1
County of Orange J
On MAR 2 9 2022 before me, Christine Hoang , Notary Public, Date Insert Name of Notary exactly as It appears on the official seal personally appeared Irene Luong______________________________________________________________________ Name( s) of Signer( s)

X CHRISTINE HOANG
Notary Public - California
e Orange County
7 Commission # 2363281
mYcomm. Expires Jun 29, 2025
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.
5 I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct. N
Witness my hand and official sel
Place Notary Seal Above
Signature________\ 1
Signature of Notary Public le Hoang
OPTIONAL------ 7-- ----------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document.

Description of Attached Document
Title or Type of Document:___________________________________________________________________________ Document Date: Number of Pages:_____________________
Signer( s) Other Than Named Above:___________________________________________________________________ Capacity( ies) Claimed by Signer( s)
Signer’ s Name:________________
Individual
Corporate Officer— Title( s):__________
Partner Limited General
Signer’ s Name:________________
Individual
Corporate Officer — Title( s): ___ __
Partner Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:

RIGHTTHUMBPRINT

OF SIGNER
Attorney in Fact
Trustee
Guardian or Conservator
Other:

RIGHT THUMBPRINT

OF SIGNER
Top of thumb here Top of thumb here
Signer is Representing: Signer is Representing:

POWER OF ATTORNEY

UNITED STATES FIRE INSURANCE COMPANY

PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY
07626
KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint:

Yung T. Mullick, James W. Moilanen, Irene Luong, P. Austin Neff, Emilie George, Christine Hoang, Danielle Hanson each, its true and lawful Attorney( s)- In- Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as folly and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties: Fifty Million Dollars ($ 50, 000, 000).

This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated.

This Power of Attorney is granted pursuant to Article IV of the By- Laws of United States Fire Insurance Company as now in foil force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part:

Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice- President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation:
a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements;
b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph ( a), including affixing the seal of the Corporation.

Article III, Officers, Section 3. 11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued.

IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 28th day of September, 2021.

UNITED STATES FIRE INSURANCE COMPANY
State of New Jersey)
County of Morris }
Matthew E. Lubin, President
On this 28th day of September, 2021, before me, a Notary public of the State ofNew Jersey, came the above named officer ofUnited States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal ofUnited States Fire Insurance Company thereto by the authority of his office.

NOTARYPUBLIC OF NEWJERSEY
Commission # 60125833
6_m iif ii inthmigMyW wpw — eM
Melissa H. D’ Alessio ( Notary Public)
1, the undersigned officer ofUnited States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal ofUnited States Fire Insurance Company on the29th day of March 20 22

UNITED STATES FIRE INSURANCE COMPANY
Michael C. Fay, Senior Vice President

PREMIUM IS SUBJECT TO CHANGE BASED ON THE FINAL CONTRACT AMOUNT Executed in Four Originals
PREMIUM: S11, 146. 00

FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of Anaheim, a municipal corporation of Orange County, California, has awarded to PRO- CAL LIGHTING, INC. dba PRO- CAL ELECTRICAL CONTRACTING, 1155 S. Santa Fe Avenue, Vista, CA 92083 License No. 1002601, ( hereinafter called " Principal"), a contract for installation of new 600 amp power service, switch gear and distribution panels to supply eighteen ( 18) dual port level 2 chargers in the basement for City fleet charging, two ( 2) direct current fast chargers ( DCFC) on the first floor, and five ( 5) dual port level 2 chargers on the third floor for public access charging. Affected right of way improvements for the power service will also be rehabilitated per City of Anaheim ( COA) standard. Other elements include replacement of asphalt paving, sidewalk, curb & gutter, and/ or landscaping disturbed by construction, and all appurtenant work as shown on the plans and delineated in the specifications on file in the office of the City Engineer. Account Nos. 525- 521- 6276- 7075- 2100257- 04.

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, as Principal, and United states Fire insurance company , as Surety, are held and firmly bound unto, the City of Anaheim, a municipal corporation ( hereinafter called City"), in the penal sum of Nine Hundred Fifty Three Thousand Five Hundred Seventy Dollars and No Cents, ($ 953, 570. 00), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that, if the above bounded 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 perform all the undertakings, terms, covenants, conditions and provisions in the said contract and any alteration thereof 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 City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The said Surety 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 to the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications.

I
IN WITNESS WHEREOF, three ( 3) identical counterparts of this instrument, each of which shall for all purpose be deemed an original thereof, have been duly executed by the Principal and Surety herein named, 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.

Date: March 29, 2022
PRO- CAL LIGHTING, INC. dba PRO- CAL

ELECTRICAL CONTRACTING

PRINCIPAL

PRESIDENT

SECRETARY
United States Fire Insurance- Company
SURETY / A APPROVED AS TO FORM:
yUDY _______________________ _________ ROBERT FABELA, CITY ATTORNEY Attorney in Fact Irene Luong

CORPORATE ADDRESS OF SURETY
305 Madison Avenue. Morristown, N4 __________
Dated
2 CALIFORNIA

State of California
County of SS.

On Ayr A W ( 8022 before me, Michele N Kegeo , Notary Public personally appeared B « aw 3, Movales,
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 fore going paragraph is true and correct.

WITNESS my hand and official seal.

Aowl
MICHELLE M. REGELLO (
k COMM. # 2235833 2
3 Notary Public - California 2
San Diego County 2
My Comm. Expires Apr 22, 2022 P
signature of notary public
seal)
PROFESSIONAL NOTARY ASSOCIATION OF AMERICA V2014. 11 ack- allpurpose. doc

STATE OF CALIFORNIA 1
County of Orange J
On MAR 2 9 2022 before me, Christine Hoang, Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Irene Luong______________________________________________________________________ Name( s) of Signer( s)
s. CHRISTINE
HOANG2NotaryPublic - California
E _ Orange County
7 Commission # 2363281
My Comm. Expires Jun 29, 2025
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. k
Witness my hand ai
Place Notary Seal Above
Signature
Signature of

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document.

Description of Attached Document
Title or Type of Document:________________________________________ __________________________________ Document Date: Number of Pages:_____________________
Signer( s) Other Than Named Above:___________________________________________________________________ Capacity( ies) Claimed by Signer( s)
Signer’ s Name:_________________________________
Individual
Corporate Officer— Title( s):

Partner Limited General____________________________
Attorney in Fact
Trustee

RIGHTTHUMBPRINT

OF SIGNER
Guardian or Conservator
Other:

Top of thumb here
Signer is Representing:

Signer’ s Name:__________________________________
Individual
Corporate Officer — Title( s):

Partner Limited General____________________________
Attorney in Fact
Trustee
Guardian or Conservator
Other: _____________________

RIGHTTHUMBPRINT

OF SIGNER
Signer is Representing:

POWER OF ATTORNEY

UNITED STATES FIRE INSURANCE COMPANY

Yung T. Mullick, James W. Moilanen, Irene Luong, P. Austin Neff, Emilie George, Christine Hoang, Danielle Hanson each, its true and lawful Attorney( s)- In- Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties: Fifty Million Dollars ($ 50, 000, 000).

This Power of Attorney is granted pursuant to Article IV of the By- Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part:

Article III, Officers, Section 3. 11, Facsimile Signatures. Ilie signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued.

UNITED STATES FIRE INSURANCE COMPANY
State of New Jersey)
County of Morris )
Matthew E. Lubin, President
On this 28th day of September, 2021, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office.

NOTARYPUSLICOF NEW
MMelaad 0
Melissa H. D’ Alessio ( Notary Public)
1, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the 29th day of March 20 22

UNITED STATES FIRE INSURANCE COMPANY
Michael C. Fay, Senior Vice President

NDORSEMENT
This endorsement is part of the attached policies. It is effective from the start of this policy term unless stated below:

Complete below when added after policy issuance)
Effective Date 11/ 21/ 2021 Auto Policy No. 504610147790001 No. 5Q461AIS01 Effective Date 4/ 12/ 2022 GL Policy No. LHA141893 No. RSG 15017 0615 Name of Insured Pro- Cal Lighting, Inc. dba Pro- Cal Electrical Contracting______________________ Additional Premium Included
Effective Date Auto Policy No. Endorsement No.

Surety/InsuranceCompany
Countersigned By: ______________________________________ Authorized Representative)

CONTRACTORS LIABILITY POLICY

ADDITIONAL INSURED

OWNERS OR CONTRACTORS)
Name of Additional Insured:

WE agree with YOU that the person or organization shown herein is insured for work performed by or for YOU for this person or organization. WE will also insure the acts or omissions of this person or organization for general supervision of this work.

The City of Anaheim, its officers, agents, employees, representatives and volunteers.

Project Name:

ANAHEIM WEST TOWER PARKING GARAGE ELECTRIC VEHICLE CHARGER PROJECT ACCOUNT NO. 525- 521- 6276- 7075- 2100257- 04
RCP2021- 19043, BLD2021- 02618
Should this policy be canceled prior to expiration, the issuing company will mail 30 days prior notice to the additional insured name above.

City of Anaheim

DEPARTMENT OF PUBLIC WORKS

NOTICE TO PROCEED
PHASE 1 ( PROCUREMENT)
DATE OF ISSUANCE: Friday, July 8, 2022
Revised
Pro- Cal Lighting Inc. dba Pro- Cal Electrical Contracting 1155 S. Santa Fe Ave., Ste. A
Vista, CA 92083
RE: Anaheim West Tower Parking Garage E. V. Charger Project Account No. 525- 521- 6276- 7075- 2100257- 04
RCP2020- 19043, BLD2021- 02618
Project team:

According to our records, you have received an executed copy of the agreement between your Company and the City of Anaheim ( City). In accordance with the project plans, specifications and contract, you are directed to proceed with procurement of long lead equipment and materials. Procurement of long lead items must be accomplished prior to June 6, 2023 ( 225 working days). The City appreciates your Company’ s efforts to immediately begin procurement upon receipt of this Notice to Proceed. Upon receipt of equipment and materials by your Company, the City shall issue a Notice to Proceed for Phase II ( construction), in which all work, including final inspection, must be accomplished within 60 working days in order to avoid assessment of liquidated damages as set forth in the Standard Specification Supplement, Section 6- 9. The following suggestions are offered in order to avoid the possibility of the City assessing and deducting liquidated damages from your payment for work performed.

1. If, during the course of construction, it appears you will not be able to complete the work prior to the above date due to delays beyond your control, written application for an extension of time, stating the reasons therefore, should be made to the City Engineer.

2. Any conditions or events occurring during the course of construction which may affect the completion by causing a delay, such as strikes, acts of God, acts of the City, etc., should be substantiated by letter to the City Engineer no later than five working days after the beginning of such delay.

In order to properly schedule your work, it is requested that you contact Construction Services at ( 714) 765- 4937 to schedule a preconstruction meeting prior 00 S. Anaheim Blvd., Suite 276
naheim, CA 92805
EL ( 714) 765- 5176
AX ( 714) 765- 5225
ww. anaheim. net

Page 2 ends

July 8, 2022
RE: Anaheim West Tower Parking Garage E. V. Charger Project to issuance of Notice to Proceed for Phase II and prior to any site- work being performed under this contract. You are also to furnish your proposed schedule of work prior to starting any work. Additional sets of plans and specifications, if required, will be available for downloading and printing at Contractor’ s discretion and cost.

Upon issuance of Notice to Proceed for Phase II ( Construction), progress estimates will be prepared and processed by the City Engineer in accordance with the General Provisions. The Contractor shall submit a Final Billing for all approved quantities upon completion and acceptance of the project. By copy of this letter, the City Finance Department is being notified that the City is legally authorized to make payment for such work hereinafter performed pursuant to said Agreement.

We hope the information in this letter will enable you to complete your present contract within the allotted time.

Sincerely^
Raul Garcia, P. E., P. L. S.

Construction Services Manager
TC:

H:\ PROJECT FOLDERS- ACTIVE\ Anaheim West Tower Parking Structure E. V Charger Projects BID AWARDWNTP PRELIMINARY NTP\ NTP. doc
Attachments
c Rudy Emami
Carlos Castellanos
Brenda Medina
Jose Cortez
Tim Cho
Mark Brownrigg
PW/ Accounting - Darrell Ellis
Finance Department - Jasmine Boey
Finance Department - Jennifer Sorensen
City Clerk
File
City of Anaheim

DEPARTMENT OF PUBLIC WORKS

NOTICE TO PROCEED
PHASE 1 ( PROCUREMENT)
DATE OF ISSUANCE: Friday, July 7, 2022
Pro- Cal Lighting Inc. dba Pro- Cal Electrical Contracting 1155 S. Santa Fe Ave., Ste. A
Vista, CA 92083
RE: Anaheim West Tower Parking Garage E. V. Charger Project Account No. 525- 521- 6276- 7075- 2100257- 04
RCP2020- 19043, BLD2021- 02618
Project team:

According to our records, you have received an executed copy of the agreement between your Company and the City of Anaheim ( City). In accordance with the project plans, specifications and contract, you are directed to proceed with procurement of long lead equipment and materials. Procurement of long lead items must be accomplished prior to February 17, 2023 ( 225 calendar days). The City appreciates your Company’ s efforts to immediately begin procurement upon receipt of this Notice to Proceed. Upon receipt of equipment and materials by your Company, the City shall issue a Notice to Proceed for Phase II ( construction), in which all work, including final inspection, must be accomplished within 60 working days in order to avoid assessment of liquidated damages as set forth in the Standard Specification Supplement, Section 6- 9. The following suggestions are offered in order to avoid the possibility of the City assessing and deducting liquidated damages from your payment for work performed.

Page 2 ends

July 7, 2022
RE: Anaheim West Tower Parking Garage E. V. Charger Project to issuance of Notice to Proceed for Phase II and prior to any site- work being performed under this contract. You are also to furnish your proposed schedule of work prior to starting any work. Additional sets of plans and specifications, if required, will be available for downloading and printing at Contractor’ s discretion and cost.

We hope the information in this letter will enable you to complete your present contract within the allotted time.

Sincerely.

Raul Garcia, P. E., P. L. S.

Construction Services Manager
TC:

H:\ PROJECT FOLDERS- ACTIVE\ Anaheim West Tower Parking Structure E. V. Charger Project 3 BID AWARD\ NTP PRELIMINARY NTP\ NTP. doc
Attachments
c Rudy Emami
Carlos Castellanos
Brenda Medina VN
Jose Cortez \
Tim Cho
Mark Brownrigg
PW/ Accounting - Darrell Ellis
Finance Department - Jasmine Boey
Finance Department - Jennifer Sorensen
City Clerk
File
City of Anaheim

DEPARTMENT OF PUBLIC WORKS

NOTICE OF AWARD
March 23, 2022
00 S. Anaheim Blvd., Suite 276
naheim, CA 92805
EL ( 714) 765- 5176
AX ( 714) 765- 5225
Brian Morales, CEO
PRO- CAL LIGHTING INC.
155 S. SANTA FE AVE. STE. A
VISTA, CA 92083
RE: NOTICE OF AWARD

ANAHEIM WEST TOWER PARKING GARAGE ELECTRIC VEHICLE CHARGER PROJECT ACCOUNT NO. 525- 521- 6276- 7075- 2100257- 04
RCP2021- 19043, BLD2021- 02618
Dear Mr. Morales:

We are very pleased to Inform you that on March 15, 2022, your firm was awarded the contract for the above- named public improvements project. The Contract will be executed upon your compliance with the conditions stated herein and one copy will then be mailed to you.

The following enclosures shall be duly executed and acknowledged by your firm and submitted to the City Engineer' s Office at the address stated below within twenty- one ( 21) calendar days or earlier after receipt of this notice:

1. Three notarized originals of the Agreement on the City’ s form. Evidence must be attached showing that the signatures are of person( s) who have the authority to bind the Contractor to the agreement

2. Three originals of the Labor and Material Bond on the City’ s form duly executed by your firm and surety. All signatures must be notarized.

3. Three originals of the Faithful Performance Bond on the City' s form duly executed by your firm and surety. All signatures must be notarized.

4. Original certificate( s) of insurance ( duly executed by insurers) evidencing coverage required by the Contract.

An additional insured endorsement ( separate forms) to your general liability and automobile liability insurance policy naming the City of Anaheim, its officers, • agents, employees, representatives, and volunteers are also required and said endorsement must bear the wet signature of an authorized representative of the insurance company.

The endorsement must also contain a statement that thirty days' notice must be given to the City of any change or cancellation of the policy.

5. Resume of proposed Superintendent to include qualifications and references.

6. Preliminary Contract Schedule as evidence of the Contractor’ s ability to accomplish the Work of the project within the required contract time period. ww. anaheim. net
Notice of Award: Anaheim West Tower Parking Garage Electric Vehicle Charger Project

Page 2 of 3 ends

March 23, 2022
All required items or questions shall be addressed to:

Tim Cho, Contract Administration
Department of Public Works
Construction Services Division
200 S. Anaheim Blvd., Suite 276
Anaheim, CA 92805
714) 765- 4937

THE CITY SHALL MAKE NO PAYMENT FOR ANY WORKS PERFORMED PRIOR TO YOUR RECEIPT OF A SIGNED AGREEMENT. ANY REPRESENTATION TO THE CONTRARY BY ANY CITY OFFICER, AGENT, OR EMPLOYEE IS UNAUTHORIZED AND SHALL NOT BE BINDING ON THE CITY OF ANAHEIM.

Please be aware that you must have a valid City business license before beginning work under this Contract. Under no circumstances are you authorized to begin work until you receive a written NOTICE TO PROCEED" from the City.

Congratulations on being awarded this contract. If you have any questions concerning these forms, please call the undersigned at ( 714) 765- 4937.

Sincerely,
Tim Cho,
Contract Administration
tcho@anaheim. net
H:\ PROJECT FOLDERS- ACTIVE\ EV charging stations Anaheim West Tower Parking Garage \ 3 BID AWARD\ NOTICE OF AWARD\ Notice of Award. docx
cc. Raul Garcia
Brenda Medina
Tim Cho
Mark Brownrigg
Accounting ( w/ lst page of Agreement, Exhibit A, & Encumbrance) Jennifer Sorensen
City Clerk
Business License
Construction Services Division
Hle
AWMS)
627evu
02IMLPeTl >

CITY COUNCIL AGENDA REPORT
City of Anaheim

DEPARTMENT OF PUBLIC WORKS
PNBED
DATE: MARCH 15, 2022
FROM: DEPARTMENT OF PUBLIC WORKS
SUBJECT: AWARD OF CONTRACT FOR ANAHEIM WEST TOWER

PARKING GARAGE ELECTRIC VEHICLE CHARGER PROJECT
ATTACHMENT ( Y/ N): YES
CWA PROJECT ( Y/ N): NO
ITEM # 14
RECOMMENDATION:

That the City Council, by Motion:
1) Award the contract to the lowest responsible bidder, Pro- Cal Lighting Inc. of Vista, California, and Contractor’ s License No. 1002601, Classifications General B and CIO, in the amount of $ 953, 570, for the Anaheim West Tower Parking Garage Electric Vehicle ( EV) Charger Project; authorize and direct the Director of Public Works, on behalf of the City, to execute the Contract and any other related documents, and to take such actions as are necessary to implement and administer the Contract; and authorize and direct the Finance Director to execute the Escrow Agreement pertaining to contract retentions; and
2) Determine that the Anaheim West Tower Parking Garage EV Charger Project is categorically exempt from the California Environmental Quality Act ( CEQA) pursuant to Section( s) Class 1, Section 15301 ( Existing Facilities) of Title 14 of the California Code of Regulations.

DISCUSSION:

The bids are summarized as follows:

1. Pro- Cal Lighting Inc., Vista, California...............................................................$ 953, 570. 00

2. D’ Alfonso Corporation, Montrose, California...................................................$ 982, 229. 83

3. Asplundh Construction LLC, Buena Park, California.........................................$ 995, 028. 00

4. Metrocell Construction Inc., Ontario, California.................................................$ 998, 197. 00

5. M. Brey Electric Inc., Beaumont, California..................................................... $ 1, 118, 899. 90

6. E. E. Electric Inc., Jurupa Valley, California.....................................................$ 1, 141, 306. 00

7. Preferred Power Solutions, Bakersfield, California...........................................$ 1, 155, 334. 00

8. Elecnor Belco Electric Inc., Chino, California...................................................$ 1, 165, 220. 00

9. Rhome Profile Construction, Huntington Beach, California............................. $ 1, 255, 929. 31 200 S. Anaheim Blvd
Suite # 276
Anaheim, CA 92805
Tel: ( 714) 765- 5176
Fax: ( 714) 765- 5161
www. anaheim. net
Award of Contract for Anaheim West Tower Parking Garage Electric Vehicle Charger Project March 15, 2022

Page 2 ends

10. Servitek Electric Inc., Walnut, California...........................................................$ 1, 262, 878. 00

11. Amtek Construction, Orange, California.........................................................$ 1, 343, 933. 00

12. C. S. Legacy Construction Inc., Chino, California...............................................$ 1, 506, 480. 62

13. My Electrician Inc., Temecula, California.......................................................... $ 3, 126, 500. 00 The work to be undertaken for the Anaheim West Tower parking garage consists of installation of new 600 amp power service, switch gear, and distribution panels to supply eighteen ( 18) dual port level 2 chargers in the basement for City fleet charging, two ( 2) direct current fast chargers ( DCFC) on the first floor, and five ( 5) dual port level 2 chargers on the third floor for public access charging.

Affected right of way improvements for the power service will also be rehabilitated per City of Anaheim ( COA) standards. Other elements include replacement of asphalt paving, sidewalk, curb and gutter, and/ or landscaping disturbed by construction, and any appurtenant work needed to complete project scope.

The bid price reflects the current bidding environment, appears to be reasonable, and is within the available funding. Liquidated damages for this project shall be $ 500 per calendar day. Construction is scheduled to begin in summer 2022 and be completed by fall 2022.

COMMUNITY WORKFORCE AGREEMENT ( CWA):

This project is not covered “ Project Work” as defined in the CWA the City entered into with the Los Angeles/ Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Local Unions. Project Work covered by the CWA is defined and limited to all construction and major rehabilitation work listed on the Projects List.

The Project List ( Attachment F to the CWA) as approved by City Council on December 3, 2019 identifies projects in which the CWA shall apply. In determining project application, the CWA Project List was based on the Capital Improvement Program that may be adjusted annually based on City priorities, availability of funding, and other considerations. The intent in the development of the Project List is that larger projects be included due to the additional administrative activities associated with the CWA and minimize the impact of the additional administrative functions and costs for the City and for smaller construction firms.

IMPACT ON BUDGET:

Sufficient funds are available in the Public Utilities Department FY 2021/ 22 Electric Fund budget from State LCFS funds.

Respectfully submitted, Concurred by,
Rudy Emami
Public Works Director
Dukku Lee
Public Utilities General Manager
Award of Contract for Anaheim West Tower Parking Garage Electric Vehicle Charger Project March 15, 2022

Page 3 of 3 ends

Attachments:

1. Exhibit A

2. Vicinity Map

EXHIBIT A
Project: Anaheim West Tower Parking Garage E. V. Charger Project Project description:

Location: 125 W. Center St. Promenade and W. Lehman Way from Lemon St. to Anaheim Blvd.

RCP2021- 19043, BLD2021- 02618
Account No: 525- 521- 6276- 7075- 2100257- 04
LOWEST AND BEST RESPONSIBLE BIDDER:

PUBLICATION DATES:

BID OPENING DATE:

PREVAILING WAGE RATE RESOLUTION NO:

AWARD DATE:

CONTRACT PRICE:

CONTRACT COMPLETION DAYS:

LIQUIDATED DAMAGES:

Pro- Cal Lighting Inc.
1155 S. Santa Fe Ave.

Vista, CA 92083
1/ 11/ 2022 and 1/ 13/ 2022
02/ 10/ 2022
Per Current D. I. R. Publication
03/ 15/ 2022
953, 570. 00
Nine Hundred Fifty Three Thousand
Five Hundred Seventy Dollars)
Phase I ( procurement) 14 calendar weeks
Phase II ( construction) 60 Working Days
Five Hundred Dollars ($ 500) per
calendar day
NFH
2"
ts

LOCATION

ANAHEIM WEST TOWER PARKING GARAC
SCALE49

Anaheim City CouncilMarch 25, 2025

Anaheim City Council
March 25, 2025