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HomeMy WebLinkAboutBuilding Energy Consultants - 1994-06-06 �4"Im CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNMNGTON BEACH TO: THOSE LISTED HEREON . FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETENTION PAYM NT DATE: The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended.so long as no stop notices or outstanding invoices are on file with the City. A T. ILLELLA, Director of Finance certify that no stop notices are on file on t Ls4* "t ' time. Date: OLZo4 f- L LES JONES, Ablic orks Director certify that no stop notices are on file on the subject.contract and that a guaranty bond has been filed. Date: �/ S CONNIE BROCKWAY, Cit Jerk I certify that there are no outstanding invoices on file. Date: DON WATSON, City Treasurer 0011042.01 03/14/95 12:57 PM 1 I have received for Building - on behalf of the Treasurer's Office. DatedW/9� By:_ Building Energy Consultants 1320 West Tefft Street Nipomo, CA 93444 APPROVED AS TO FORtd:, INSURANCES"" MAINTENANCE BOND GAIL HUTTON;,, City Attorney •By:i Deputy; City. Attorney BOND NO. TPI3893777 BOND NO: TPI3893777 PREMIUM: $0.00 KNOW ALL MEN BY THESE PRESENTS.That we, BUILDING ENERGY CONSULTANTS as Principal,hereinafter called Principal,and TIG PREMIER INSURANCE COMPANY ,a corporation organized and existing under the laws of the State of California _ as Surety, hereinafter called Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee,, hereinafter called Obligee,in the sum of NTNFTY- HRF.F TwyisAtin -,EVM ER r;n ONE r- C)0,L],00-- (S 93,701.00 )Dollars, for the payment of which,well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors,and assigns,jointly and severally,firmly by these presents. Sealed with our seals and dated this 15TH day of MAY A.D.19 95 . WHEREAS,the Principal entered into a certain written contract with the Obligee dated the 23RD day of JUNE _,19 94 to STREET LIGHTING PRCiJF= PM (`AT.TFORNT A ANT) HUNTINGPON STRFFTS which contract is hereby referred to as the Contract. WHEREAS,the Contract contains provisions for the correction of any defects due to defective materials or workmanship in the work performed under said Contract NOW,THEREFORE,the condition of this obligation is such that if the Principal shall well and truly,upon receipt of written notification from the Obligee,remedy any defects which are discovered and reported during a period of ME year(s)from JANUARY 17 - 19 QS ,provided such defects are caused by defective materials or workmanship,then this obligation shall be void;otherwise to be and remain in full force and effect Any suit under this bond must be instituted before the expiration of one(1)year from the date of the written notification referred to in the paragraph above,it being understood,however,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof,such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. The penal sum of this bond shall be reduced by and to the extent of any payment or payments made in good faith. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or its heirs, executors,administrators or successors. Signed and sealed this 15TH day of MAY 19, 95 BUILDING ENERGY CONSULTANTS - Principal(Seal) By (Witness) (Title) TIG PREMIER INSURANCE COMPANY l9 — (Seal) (Witness) JOHN A. RU (Attorney in Fact) CALIFORNIA ALL-PURPOSE NOWLEDGMENT No.5907 State of CALIFORNIA County Of RIVERSIDE On 15-95 before me, TAMRA PONTI, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER.E.G.,'JANE DOE,NOTARY PUBLIC- personally appeared JOHN A. RUIz NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ Pfe to be the personW whose name( is/aV subscribed to the within instrument and ac- knowledged to me that he/sheAhey executed the same in his/ #eir authorized capacity(ks), and that by his/hef44eir signature(g) on the instrument the person&), or the entity upon behalf of which the person(() acted, executed the instrument. FORMIA LL -� r. c �s-r T J WITNESS my hand and official seal. A . i4,1 s SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER A TTTT.E(s) TITLE OR PE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL I C ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: r_ 1 5 _C/ DATE OF DOCUMENT SIGNER IS REPRESENTING: _ L NAME OF PERSON(S)OR ENTTTY(IES) �t C TiG =i(_, SIGNER(S)OTHER THAN NAMED ABOVE ®1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 IIG Promlur lnsurancu Company ` • Adm It)lstU tivo Office. Battle Crook, Michigan • t GENERAL POWER OF ATTORNO GPA 001683 Power Of Attorney valid Only it numbered In red: esents, That TIG Premier Insurance Company, a corporation duly organized Know All Men by These Pr and existing under the laws of the State of California, and having its administrative office in Battle these presents make, constitute and appoint Creek, Calhoun County, Michigan, does by JOHN A. RUIZ of RIVERSIDE and •State of CALIFORNIA its true and lawful Attorneys)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledgge and deliver CONTRACT BONDS (S.B.A. GUARANTEE ACRL'EMENT - MAXIMUM PENALTY 1,000,00 . OTFIER CONTRACT BONDS - MAXIMUM PENALTY $175,UUU.UU_ ALL OTHER BONDS - MAXIMUM PENALTY36�— ITl1IS POWER OF ATTORNL'Y SHALL TERMINATE AND BE OF N FURTIIER EFFECT A TER DECEMBER , and to bind the Company thereby as fully and to the same extent as if such bonds were signed the President, sealed with the corporate seal of the Company and duly attested by its Secretary, herebb y ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appPointment nder and by authority of Section 35 of the bylaws, as amended, and duly adopted by the Board is made u of Directors of the TIG Premier Insurance Company. "Be It Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any or more suitable persons as Attorney(s)- in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney-in-Fact Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of Surety and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such f signed instruments n tru nt President andtsea eed d and attested bysuch ehe Corporate " if be bindinupon the Company as In Witness Whereof, TIG Premier Insurance Company has caused these presents too be seal toned by its ed hereto VICE PRESIDENT and its affixed this 21ST da OCTOBER A.D., 19 94 O�P OR C) TIG PREMIER IINNSSJUR CE COMPANY State of Michigan V DULY a n By 9 A.w W 1 U County of Calhoun 0 1,941 \ R' v 21ST da �c�f(C,FOk� ER in the year 1994 On this Cy J. RAYMOND a notary public, personally before me JOAN H. DILLARD personally known appeared VICE PRESIDENT to me to be the person who executed the within instrument as on behalf of the corporation therein named and acknowledged to me that the corporation executed it NANCY J.RAYMOND ____U NoTaIY PuDuc,CAUIouN COUNTY MI -r— { Notary Public my COMMISSION EXPlaas MAa.I3,t998 I, the undersigned Secretary of TIG Premier Insurance Company hereby certify that the above and foregoing is a full true and the said copy of h Attorney Ps still of fotrcenandi ssued effect by said Company, and do hereby And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of Section 30 of the bylaws, as amended, and duly adopted s the Board of Directors of the TIG Premier the date hereof; and that said Section 30 of said bylaws has not been amended or repealed as of "Resolved, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of the Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." MAY GIVEN under my hand and the seal of said Company, this 15TH day of 19 95 ` A /C� THIS POWER OF ATTORNEY EFFECTIVE ONLY IFw Secretary ATTACHED TO BOND N0. TPI3893777 j 01-94 30024 C 05/11I1995 15: 58 8059295615 B.E.G. PAGE 02 k t City of Huntington Beach Department of public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Subject: Certification of Compliance with Title VII Of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on ro)ec No. 6 J Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions , and that the work performed by each such laborer, mechanic , apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid . r / Signature and Title I 05/11/1995 15: 58 8059295815 E.E.C. PAGE 03 DECLARATION OF SATISFACTION OF CLAIMS I , 4?::� �. �. , state: t,a ot CqMractor ) 1 . 1 am the general contractor for the City of Huntington 3ea.-h , as to the project more fully descr b.ed in th uublis wor s contract enti led 0 `f and dated � tt S JvJ 2 . All workers an persons employed, all firms supplying materials , and all subcontractors for the above-mentioned project have been paid in full . 3 . The following are either disputed claims , or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes o4 the State of California: ( if none, state 'NONE' ) N I declare under penalty of perjury that the foregoing is true and correct . Executed at i e)m0 CA ��� ��cfi� on this day of , 19 J. Signature of contractor Igor 5- 3,39 WHEN RECORDED MAIL TO: '22 6—J A —19 9 5 1 O e 4 5 AM CITY OF HUNTINGTON BEACH Office of the City Clerk Recorded ';, Official, Records P. O.Box 190 of Orange County, I_aliforni Huntington Beach, CA 92648 Garr L. Granville? Cluk.-Recorder { i 1 tt'' Page1 of t�ee]nn F �n V0 Tax.' t n 1 00: :•.:: 0 o NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee, 2000 Main Street, Huntington Beach, CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to BUILDING ENERGY CONSULTANTS who was the company thereon for doing the following work to-wit: CONSTRUCTION OF STREET LIGHTS FOR CALIFORNIA AND HUNTINGTON STREETS- CC-904 INTEREST: Easement That said work was completed January 17,1995 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Tuesday,January 17,1995. That upon said contract Amwest Surety Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this 23rd day of January, 1995. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) 1, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California,this 23rd day of January,1995.. Ll 1 Wit. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California g:CCV1SCp1gs • • �,"le CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 23, 1994 GaryL. Granville, County Clerk-Recorder P. 0. Box 238 Santa Ana, CA 92702 Dear Sir: Enclosed please find Notice of Completions to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P. 0. Box 190,Huntington Beach, California 92648. Enclosed also are copeis of the Notice of Completions and a stamped, self-addressed envelope. Please return conformed copies with document number, recording date,book and page number. Sincerely yours, b ` !✓JL at Connie Brockway City Clerk CB:cc Enclosures g:cc\nscplltr 1 Telephone:714-536-5227) 0 • WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach, CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to BUILDING ENERGY CONSULTANTS who was the company thereon for doing the following work to-wit: CONSTRUCTION OF STREET LIGHTS FOR CALIFORNIA AND HUNTINGTON STREETS- CC-904 INTEREST: Easement That said work was completed January 17,1995 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Tuesday,January 17,1995. That upon said contract Amwest Surety Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach,as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California,this 23rd day of January,1995. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California,this 23rd day of January, 1995.. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California g:-V1SCP1gs "PPIR"09VEDOUNCIL7 19gs' equest for City Council Action CL K January 17, 1995 Submitted to : Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrat �- Prepared by: o"Ray Silver, Assistant City Administrator/Acting Director of Public Works Barbara A. Kaiser, Deputy City Administrator Amy' Subject: CONSTRUCTION OF STREET LIGHTS FOR CALIFORNIA AND HUNTINGTON STREETS; CC-904. NOTICE OF COMPLETION Consistent with Council Policy? [ X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments(5� STATEMENT OF ISSUE: Building Energy Consultants has completed the Construction of Street Lights for California and Huntington Streets, CC-904. RECOMMENDED ACTION: 1. Accept the improvements of Cash Contract No. 904, Construction of Street Lights for California and Huntington Streets, and authorize the City Clerk to file the Notice of Completion. 2. Approve the total project cost of $119,844. ANALYSIS: On June 6, 1994, the City Council awarded a contract to Building Energy Consultants for the Construction of Street Lights for California and Huntington Streets, CC-904. Building Maintenance Consultants has since completed the project and has fulfilled its obligation to the City per said contract. The following is a summary of contract costs: Council Approved Actual Expenditures Contract Amount $84:725 $84,725 Construction Change Orders 9,000 8,976 Supplemental Expenses 66,275 26,143 TOTAL $160,000 $119,844 As the cost summary indicaf"es, a savings of $40,156 occured as a result of the actual expenditures being nearly 25% less than estimated. ENVIRONMENTAL STATUS: N/A FUNDING SOURCE: Sufficient Community Development Block Grant funds were budgeted and available in account E-HN-ED-855-6-72-00. ALTERNATIVE ACTIONS: N/A ATTACHMENTS: None MTU/RS/JDO/TAE/tae ,DD 904nc.doc 1;, CITY OF HUNTINGTON BEACH 0 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 18, 1994 Building Energy Consultants 1320 West Tefft Street Nipomo, CA 93444 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. In addition,the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds,please call the Public Works Department, 536-5441. Sincerely, I® -G'0r� &t'"- > Connie Brockway, CMC City Clerk CB:cc Enclosure: Cash Contract Declaration of Satisfaction Certificate of Compliance Copies bonds, insurance gx6cashcon (Telephone:714.5 36-5227) FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BUILDING ENERGY CONSULTANTS FOR CONSTRUCTION OF STREET LIGHTS FOR CALIFORNIA AND HUNTINGTON STREETS THIS AGREEMENT is made and entered into on this 18th day of July , 1994, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and BUILDING ENERGY CONSULTANTS, a sole proprietorship hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as the construction of street lights for California and Huntington Streets, in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein 1 6/LIGHTS/AGREE/05/31/94 0 • expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The 1991 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the 2 6/LIGHTS/AGREE/05/31/94 I Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed Eighty Four Thousand, Seven Hundred Twenty-Five Dollars ($84,725) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT 3 6/LIGHTS/AGREE/05/31/94 1. • • to completion within sixty (60) calendar/working days from the execution of this Agreement by CITY, excluding delays provided for herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the contract Documents. CONTRACTOR shall prepare and obtain approval as required by the contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work on CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the contract documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extricharges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 4 6/LIGHTS/AGREE/05/31/94 When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 5 6/LIGHTS/AGREE/05/31/94 0 • 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the California Government Code sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public Works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 12. CALIFORNIA PREVAILING WAGE LAW- PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, a penalty to CITY, forfeit twenty-five 6 6/LIGHTS/AGREE/05/31/94 0 • dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 13. CALIFORNIA EIGHT-HOUR LAW California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIGHT HOUR LAW- PENALTY pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices, is applicable to this p. 7 6/LIGHTS/AGREE/05/31/94 0 • 17. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 18. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 19. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars 8 6/LIGHTS/AGREE/05/31/94 • • ($250) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or 9 6/LIGHTS/AGREE/05/31/94 extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 20 DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 21. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are 10 6/LIGHTS/AGREE/05/31/94 0 r either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the fact and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 22. PROGRESS PAYMENTS each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded 11 6/LIGHTS/AGREE/05/31/94 • • has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 24. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 25. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein 12 6/LIGHTS/AGREE/05/31/94 • , undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 27. WORKERS COMPENSATION INSURANCE pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 28. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property 13 6/LIGHTS/AGREE/05/31/94 0 • damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 29. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall 14 6/LIGHTS/AGREE/05/31/94 • • pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 30. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to'terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 31. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 15 6/LIGHTS/AGREE/05/31/94 32. NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 33. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 34. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 35. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 36. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, 16 6/LIGHTS/AGREE/05/31/94 • 0 modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 37. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 38. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis- Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 39. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 40. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). 17 6/LIGHTS/AGREE/05/31/94 CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four(4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the C its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 41. COPELAND "ANTI-KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti-Kickback"Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as 18 6/LIGHTS/AGREE/05/31/94 supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. (C) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the DPA List of Violating facilities. 19 6/LIGHTS/AGREE/05/31/94 • • (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, et seq.). 45. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United.States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 20 6/LIGHTS/AGREE/05/31/94 0 • 47. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers, the day, month and year first above written. BUILDING ENERGY CONSULTANTS CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Daniel Feilmeir, Sole Proprietorship ATTE : Mayor W City Clerk APPROVED AS TO FORM: R D AND APPROVED: , Z ity Attorney _7- City Administrator I ITIATED AN A OV D: Director of Public Works 21 6/LIGHTS/AGREE/05/31/94 • • STATE OF NEBRASKA COUNTY OF LANCASTER On June 28, 1994 before me, William V. Axline, Notary Public, personally appeared Daniel R. Feilmeier, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he the same in his authorized capacity, and that by his signature on the instrument the person of the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal C GENERAL NOTARY Y-State of Nebraska/ WILLIAM V.AXLINE �� My Co M.Exp.Sept 12,1995 I have received the Faithful Performance, Bond and the Labor and Materials (Payment) bond for CC-904, construction of street lights for California and Huntington Streets on behalf of the Treasurer's Office. Dated By _ Building Energy Consultants 1320 West Tefft Street Nipomo, CA 93444 TRANSA MERICA PREMIER INSURANCE COMPANY • AFFNOVED AS TO BOUj PREMIUM: INCLUDED GATL I11TT027 BOND NO: TPI 2716880 CITY Al"' Fi'T'y TRANSAMERICA By: "\1 SPECIALTY INSURANCE Leputy City Attorney AIA Document A312 Payment Bond Any singular reference to Contractor, Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): BUILDING ENERGY CONSULTANTS TIG PREMIER INSURANCE COMPANY 1320 WEST TEFET STREET PO BOX 5616 NIPOM0, CA 93444 RIVERSIDE, CA 92517-5616 OWNER (Name and Address): CITY OF BUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 CONSTRUCTION CONTRACT Date: Amount: $84,725.00 Description (Name and Location): STIREEP LIGHTING PROTECT FOR CALIFORNIA & HUNTINGTON STREETS #904 BOND Date(Not earlier than Construction Contract Date): 06/23/94 Amount: $84,725.00 Niodifications to this Bond: K None O See Page 6 CONTRACTOR AS PRINCIPAL SURETY Com ap- ny:_ING ENERGY / SCONSULTAIWorporate Seal) Comieyp IN rate Seal) 2! Signature: G�— Name and Title: cow fit{ Na and Titl : J A. RUIZ, ATTORNEY IN 0A (Any additional signatures appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) A ENT o6� 0 � � AGENCY OWNER'S REPRESENTATIVE (Architect, Engineer or AI. other party): PO BOX 5616 RIVERSIDE, CA 92517-5616 (909) 682-2722 AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA 0 31395 1 THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW PORK AVE., NW,WASHINGTON, DC.20006 THIRD PRINTING•MARCH 1987 CALIFORNIA ALL-PURPOSE ACKNO GMENT No.5907 State of CALIFORNIA County of PdVERslDE On 06/23/94 before me, THIF� I. BOK, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC" personally appeared JOHN A. RUIZ NAME(S)OF SIGNER(S) x❑ personally known to me - OR - ❑ to be the person(&) whose name(&) isba+e• subscribed to the within instrument and ac- knowledged to me that he/s"�"��"��� the same in hisAer-,their authorized capacity0es), and that by hisLherlthoix signatureH on the instrument the person(s), or the entity upon behalf of which the personH acted, executed the instrument. THERESA L BOK Mi;.! L1959255 WITNESS m hand and official seal .r`> NOTARY CUC•CAUFOPINIA A Y . '�;c'3; Mb Comr2 Ekpiro R'xr.4193S� // . SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER PAYMENT BCNID TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED FOUR ❑ GENERAL JC❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR 06/23/94 ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: PRINCIPAL NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 1 The Contractor and the Surety,jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor- mance of the Construction Contract,which is incorpo- 6.1 Send an answer to the Claimant,with a copy to rated herein by reference. the Owner,within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis 2 With respect to the Owner,this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, 6.2 Pay or arrange for payment of any undisputed amounts. for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the 7 The Surety's total obligation shall not exceed the Owner from claims, demands, liens or suits by any amountof this Bond,and the amount of this Bond shall be person or entity whose claim, demand, lien or suit is credited for any payments made in good faith by the for the payment for labor,materials or equipment fur- Surety. nished for use in the performance of the Construction g Amounts owed by the Owner to the Contractor under Contract,provided the Owner has promptly notified the Construction Contract shall be used for the perfor- the Contractor and the Surety (at the address mance of the Construction Contract and to satisfy claims, described in Paragraph 12)of any claims,demands, if any,under any Construction Performance Bond. By the liens or suits and tendered defense of such claims, Contractor furnishing and the Owner accepting this demands, liens or suits to the Contractor and the Bond,they agree that all funds earned by the Contractor Surety, and provided there is no Owner Default. in the performance of the Construction Contract are 3 With respect to Claimants, this obligation shall be dedicated to satisfy obligations of the Contractor and null and void if the Contractor promptly makes pay- the Surety under this Bond,subject to the Owners prior- ment, directly or indirectly, for all sums due. ity to use the funds for the completion of the work. 4 The Surety shall have no obligation to Claimants 9 The Surety shall not be liable to the Owner,Claimants under this Bond until: or others for obligations of the Contractor that are unrelat- ed to the Construction Contract.The Owner shall not be 4.1 Claimants who are employed by or have a direct liable for payment of any costs or expenses of any Claim- contract with the Contractor have given notice to the ant under this Bond,and shall have under this Bond no obli- Surety(at the address described in Paragraph 12)and gations to make payments to,give notices on behalf of,or sent a copy,or notice thereof,to the Owner, stating otherwise have obligations to Claimants under this Bond. that a claim is being made under this Bond and,with substantial accuracy, the amount of the claim. 10 The Surety hereby waives notice of any change, including changes of time,to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have furnished written notice to the Con- 11 No suitor action shall be commenced by a Claimant tractor and sent a copy,or notice thereof,to under this Bond other than in a court of competent juris- the Owner,within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3,or(2)on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for rials or equipment were furnished by anyone undertheCon- whom the labor was done or performed;and struction Contract,whichever of(1)or(2)first occurs.If the .2 Have either received a rejection in whole or provisions of this Paragraph are void or prohibited by law, in part from the Contractor,or not received the minimum period of limitation available to sureties as a within 30 days of furnishing the above no- defense in the jurisdiction of the suit shall be applicable. tice any communication from the Contractor 12 Notice to the Surety, the Owner or the Contractor by which the Contractor has indicated the shall be mailed or delivered to the address shown on the claim�villbepaiddirectlyorindirectly;and signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor,however accomplished,shall be days,have sent a written notice to the Surety sufficient compliance as of the date received at the-address (at the address described in Paragraph 12)and shown on the signature page. sent a copy,or notice thereof,to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor. the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall cient compliance. be deemed incorporated herein. The intent is that this AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED•AIA OO 31395 2 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,NW,WASHINGTON,DC.200% THIRD PRINTING•MARCH 1987 Bond shall be construed as a statutory bond and not as a Construction Contract,architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors,and 14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond,the Contractor shall asserted in the jurisdiction where the labor,materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15 DEFINITIONS 15.2 Construction Contract:The agreement between the Owner and the Contractor identified on the 15.1 Claimant:An individual or entity having a direct signature page,including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract.The 15.3 Owner Default:Failure of the Owner,which has intent of this Bond shall be to include without limita- neither been remedied nor waived,to pay the Con- tion in the terms"labor,materials or equipment"that tractor as required by the Construction Contract or to part of water, gas, power, light, heat, oil, gasoline, perform and complete or complywith the other terms telephone service or rental equipment used in the thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA OO 31395 3 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,NW.,WASHINGTON,D.C.20008 THIRD PRINTING•MARCH 1987 TIG Premier Insurance Company Administrative Office: Battle Creek, Michigan (�0 0 5�O • GENERAL POWER OF ATTORNEY • GPA Power Of Attorney valid only 1f numbered in red: Know All Men by These Presents, That TIG Premier Insurance Company, a corporation duly organized and existing under the laws of the State of California, and having its administrative office in Battle Creek, Calhoun County, Michigan, does by these presents make, constitute and appoint JOHN A. RUIZ - of RIVERSIDE and State of CALIFORNIA its true and lawful Attorneys)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver CONTRACT BONDS (S.B.A. GUARANTEE AGREEMENT) - MAXIMUM PENALTY $750,000.00 OTHER CONTRACT BONDS - MAXIMUM PENALTY $150,000.00 ALL OTHER BONDS - MAXIMUM PENALTY $25,000.00 - "THIS POWER OF ATTORNEY SHALL TERMINATE AND BE OF NO FURTHER EFFECT AFTER DECEMBER 31. 1994" and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said apppointment is made under and by authority of Section 35 of the bylaws, as amended, and duly adopted by the Board of Directors of the TIG Premier Insurance Company. 'Be It Resolved, that the President, any Vice-President any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any or more suitable persons as Attorney(s)- in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney-in-Fact Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of surety and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, TIG Premier Insurance Company has caused these presents to be signed by its VICE PRESIDENT and its corporate seal to be hereto - affixed this 4TH day of JA'^ 4 1 AD., 19 94 IG,,PRENIIER INSURANCE COMPANY o A JL1LY O State of Michigan 1, County of Calhoun SS,: t ';:`I' FO a�Qaa Y FRED C. CRAIG -- <IR � On this 4TH daY of JANUAR in the year 1994 before me SHERRY ANN KING a notary public, personally - appeared FRED C. CRAIG , personally known - - to me to be the person who executed the within instrument as VICE PRESIDENT , on behalf of the corporation therein named and acknowladqA to me that the cor oration executed it sERRY,ANN TONG bli No"Puc.Calhoun C-R*,14 - t+MCammlalonb�keaNlay121V9C Notary Public I, the undersigned Secretary of TIG Premier Insurance Company hereby certify tha the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect And 1 do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of Section 30 of the bylaws, as amended, and duly adopted by the Board of Directors of the TIG Premier Insurance Company and that said Section 30 of said bylaws has not been amended or repealed as of the date hereof; "Resolved, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of the Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company, this 23RD day of DINE 19 94 THIS POWER OF ATTORNEY EFFECTIVE ONLY IFQ V �� ATTACHED TO BOND NO. TPI 2716BW secretary 30024 C 01-94 . i TRANSAMERICA PREMIER INSURANCE COMPANY PR94IUM: $2,542.00 THE FINAL PREMIUlhl IS BOND NO: TPI 2716880 PREDICATED ON THE TRANSAMERICA FINAL CONTRACT PRICE 5M SPECIALTY INSURANCE APPROVED AS TO FORM.V GAIL HUTTON AIA Document A312 CITY ATT ORPy BY: Performance Bond DEPuty City Attorney Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): BUILDING ENERGY CONSULTANTS TIG PREMIER INSURANCE COMPANY 1320 WEST TEFFT STREET PO BOX 5616 NIPOMO, CA 93444 RIVERSIDE, CA 92517-5616 OWNER (Name and Address): CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 CONSTRUCTION CONTRACT Date: Amount: $84,72-5-00 Description (Name and Location): STREET LIGHTING PROJECT FOR CALIFORNIA & HUNTINGTON STREETS #904 BOND Date (Not earlier than Construction Contract Date: 06/2-3/94 Amount: $84,725.00 Modifications to this Bond: ® None ❑ See Page 3 CONTRACTOR AS PRINCIPAL 4Name Company: (Corporate Seal) (Co por Seal) BUILDI7NENER CONSUL Si na t u re: �j/// � g Name and Title: TTORNEY IN FA (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or COMMERCIAL SURETY BOND AGENCY other party): PO BOX 5616 RIVERSIDE, CA 92517-5616 (909) 682-2722 AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED.-AIA O THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON, D.C.20006 31394 1 THIRD PRINTING-MARCH 1987 or CALIFORNIA ALL-PURPOSESKNOWLEDGM ENT • No.5907 State of CALIFORNIA County of RIVERSIDE On 06/23/94 before me, THERESA I. BOK, NOTARY PUBLIC , DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared JOHN A. Ruiz NAME(S)OF SIGNER(S) x❑ personally known to me - OR - ❑ to be the person() whose name(-) isAa-pe- subscribed to the within instrument and ac- knowledged to me that he/aheAhey the same in his/heF4he+r authorized capacity( ,&_- -), and that by hisN}a e.i.r signatureH on the instrument the person(&), or the entity upon behalf of which the personH acted, executed the instrument. THERESA I.B0�t 959255 n N �{o NOT�u°R,Y 7� 'rUrLr.-CAUFO^k1A WITNESS y hand and official seal. :7Y W U q` 2� lb Comm.Fx IMS R'at 601935 SIGNATURE�IF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER PERFORMANCE BOM TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL THREE ❑% ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR 06/23/94 ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: PRINCIPAL NAME OF PERSON(S)OR ENTITY(IES) - SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 1 The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter- successors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construction Contract,which is incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation 5 If the Surety does not proceed as provided in Paragraph under this Bond, except to participate in conferences as 4 with reasonable promptness, the Surety shall be deemed provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under 3.1 The Owner has notified the Contractor and the this Bond, and the Owner shall be entitled to enforce any Surety at its address described in Paragraph 10 below remedy available to the Owner. If the Surety proceeds as that the Owner is considering declaring a Contractor provided in Subparagraph 4.4, and the Owner refuses the Default and has requested and attempted to arrange a payment tendered or the Surety has denied liability, in whole or in part,without further notice the Owner shall be conference with the Contractor and Surety to be held not later than fifteen days after receipt of such entitled to enforce any remedy available to the Owner. notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right tion Contract. If the Owner,. the Contractor and the to complete the Construction Contract, and if the Surety Surety agree, the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right, if not be greater than those of the Contractor under the any, subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the 3.2 The Owner has declared a Contract Default and Owner to the Surety shall not be greater than those of the formally terminated the Contractor's right to complete Owner under the Construction Contract. To the limit of the the contract. Such Contractor Default shall not be cde-omplete amount of this Bond, but subject to commitment by the Glared earlier than twenty days after the Contractor and Owner of the Balance of the Contract Price to mitigation of Sure- the Surety have received notice as provided it Sub costs and damages on the Construction Contract, the Sure- paragraph 3.1; and ty is obligated without duplication for: 3.3 The Owner has agreed to pay the Balance of the 6.1 The responsibilities of the Contractor for correc- Contract Price to the Surety in accordance with the tion of defective work and completion of the Construc- terms of the Construction Contract or to a contractor tion Contract; selected to perform the Construction Contract in accor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- 4 When the Owner has satisfied the conditions of Para- sulting from the actions or failure to act of the Surety graph 3, the Surety shall promptly and at the Surety's ex- under Paragraph 4; and pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages 4.1 Arrange for the Contractor, with consent of the are specified in the Construction Contract, actual dam- Owner, to perform and complete the Construction ages caused by delayed performance or non-perfor- Contract; or mance of the Contractor. 4.2 Undertake to perform and complete the Construc 7 The Surety shall not be liable to the Owner or others for 4.2 Contract itself, through its agents or through truc inde- obligations of the Contractor that are unrelated to the Con- pendent contractors; or struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner fora this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to be pre- 8 The Surety hereby waives notice of any change, includ- pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected With the Owner's concurrence, to be secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the bons. Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or .1 After investigation, determine the amount for prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312•PERFORMANCE BOLD AND PAYMENT BOND•DECEMBER 1984 ED.•AIA O THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW,WASHINGTON, D.0 20006 31394 2 THIRD PRINTING • MARCH 1987 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims 10 Notice to the Surety, the Owner of the Contract shall for damages to which the Contractor is entitled, re- be mailed or delivered to the address shown on the sig duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- nature page. tract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract: The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed, any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deerned incorporated herein. The intent is that this which has neither been remedied nor waived, to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner, which has 12.1 Balance of the Contract Price: The total amount neither been remedied nor waived, to pay the Con- payable by the Owner to the Contractor under the tractor as required by the Construction Contract or to perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Spaced is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA O THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW.,WASHINGTON, D.C. 20006 31394 3 THIRD PRINTING • MARCH 1987 JUL 07 '94 09:01AM SCIF OXM POL SVC 805 989 5201 P. 1 41 I S TAT E P,O. BOX 420807, SAN FRANCISCO. CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE J'ULY 7, 1994 POLICYNUMSER! 1253048 -- 94 CERTIFICATE EXPIRES. 5—1-95 r CITY OF HUNTINGTON PEACH ATTN: TERRI ELLIOTT , DEPT OF PUBLIC WORKS 2000 MAIN STREET / P 0 SOX 190 HUNTINGTON CA 92648 L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. 250 This policy is not subject to cancellation by the Fund except upon."days'advance written notice to the employer. SO We will also give you T�d days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the pokies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of 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. APPROVED AS TO FORM: e-ov, V" GAIL JIU`i'TC' , City At`orriey PRESIDENT BY: Deputy Cj- ;y nttorne,y EMPLOYER ' S LIABILITY LIMIT : $3,000,000 PER OCCURRENCE , ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 07/07/94i IS ATTACHED TO AND FORMS A PART OF THIS POLICY , NAME OF ADDITIONAL INSURED! CITY OF HUNTINGTON BEACH ENDORSEMENT #2065 ENTITLED CeRTIFICATE HOLDERS ' NOTICE EFFECTIVE 07/07/94 IS ATTACHED TO AND FORMS A PART OF THIS POLICY . ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 07/07/94 IS ATTACHIEU TO AND FORMS A PART-: Q�rE�HTT OPjOL�GY. THIRD PARTY NAME: CITY OF HUNTINGTON B AzN I{UTTON C ITY AT a Deputy City Attorney EMPLOYER FEILMEIER , DANIEt- C= u, FEILMEIER , SONITA L BUILDING ENERGY CONSULTANTS LIC #381670 1320 W TEFFT STREET IZI.�FU11T10 -A V Jai 44 L CrIC te\9�! IDCV. ,/1.Af.1 ....... A IIIt�10 CFRTIFICAW OF INSURANCE S UI uATE(MM/DD/YY) _ ......... ......... '06 21 94 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND AVerbeck Company CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE 3380 Shelby St . DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Y POLICIES BELOW. Ontario, CA 91764 COMPANIES AFFORDING COVERAGE COMPANY A Golden Eagle Insurance LETTER COMPANY B Northbrook INSURED LETTER Building Energy Consultants COMPANY C 1320 Tefft Street LETTER Nipomo, CA 93444 COMPANY D LETTER COMPANY E LETTER /y�yy... ........................... ......,........ ....... .._.................._..............................._.......... .. 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. CO TYPE OF INSURANCE POLICYNUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATTE(MM/DD/YY) A GENERAL LIABILITY CCP232749 08 01 93 108 01 94 GENERAL AGGREGATE $2 r0001000 X COMMERCIALGENERAL LIABILI PRODUCTS-COMP/OPAGG. s2, 000,000 LAIMSMADEX OCCUR. PERSONAL&ADV.INJURY $1 000 000 WN ER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $1 00O 000 X IBILPD Ded:500 FIRE DAMAGE(Any one fire) $50 000 MED.EXPENSE(Anyone person) s5, 000 B AUTOMOBILE LIABILITY CA 0 4 5 9 7 21 0 8 01 9 3 0 8 01 9 4 X ANYAUTO LO^MBINEDSINGLE IT $1, 000 , 000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS S T() F`O FAU (Per person) HIRED AUTOS Appg�VED BODILY INJURY $ NON-OWNED AUTOS GAIL AUT 014 (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY DFpUt - tY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER UMB L THAN T RE LA FORM WORKER'S COMPENSATION STATUTORY LIMITS AND EACH ACCIDENT $ EMPLOYERS'LIABILITY DISEASE-POLICY LIMIT $ DISEASE-EACH EMPLOYEE $ OTHER �' I I � I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Certificate Holder, its officers , agents and employees and all public agencies as determined by the City are named as Additional Insured as See Attached Schedule. �t SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ft+BE-4� City of Huntington Beach MAIL *3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 2000 Main Street LEFT, Huntington Beach, CA 92648 ES. 4ALT. F10RfZ D REPRES TATIVE ........... .... - .. ACR'' 0 ACoAb CoRPORA`t i 1 >€ n �tnu0 per attached CG2010 . Job: Street Lighting Project for California and Huntington Streets; C.C.No. 904 *Except 10 Days Notice of Cancellation for non payment of premium. CG 20 10 POLICY NUMBER: CCP232749 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Project or Location: City of Huntington Beach C.C. No. 904 and its officers, agents and employees and all public agencies as determined by the City. 2000 Main Street Huntington Beach, CA 92648 ( If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. ) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 Copyright,Insurance Services Office,Inc.,1984 Request for City Council Action June 20, 1994 Submitted to : Honorable Mayor and City Council "APPROVEDBYUNCIL Submitted by: Michael T. Uberuaga, City Administrato 19APrepared by: Louis F. Sandoval, Director of Public Works � Barbara A. Kaiser, Deputy City Administrator Subject: AWARD OF CONTRACT FOR THE CONSTRUCTION OF STREET LIGHTS FOR CALIFORNIA AND HUNTINGTON STREETS; CC-904 Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attach e?Aa;R� STATEMENT OF ISSUE: The City Clerk opened bids for the Construction of Street Lights for California and Huntington Streets, CC-904, on May 23, 1994 and now the project stands ready for award. RECOMMENDED ACTION: 1 . Approve the low bid submitted by Building Energy Consultants, of Nipomo, California,- 2. Authorize the execution of the construction contract in the amount of $84,725. 3. Authorize the Director of Public Works to expend $160,000 to cover contract costs of $84,725, estimated construction change orders of $9,000, and anticipated supplemental expenses of $66,275 for the Construction of Street Lights for California and Huntington Streets, CC-904. ANALYSIS: On April 18, 1994, the City Council approved plans and specifications and authorized the Director of Public Works to solicit bids for the Construction of Street Lights for California and Huntington Streets, CC-904. On May 23, 1994, bidding came to a close and all bids received by the City Clerk's office were publicly opened and read aloud in the City Council Chambers. The federal requirement for advertising has been met by advertising this project three times in three local daily publications. z The contractor has bid this project according to the requirements of the Davis-Bacon Act (prevailing wages). Summarized below, by order of least dollar amount, are the bids submitted to the City of Huntington Beach: 1 . Building Energy Consultants......................................................$84,725 2. Reginald General Contractors...................................................$85,500 3. Hood Corporation.......................................................................$94,911 4. FJ Johnson..............................................................................$101 ,794 5. B & B Electric...........................................................................$116,553 6. Steiny & Company....................................................................$201,500 City engineering staff estimated the contract amount at $100,000. Contract Amount (Lowest Responsive Bidder) $84,725 Anticipated Construction Change Orders 9,000 *Supplemental Expenses 66,275 TOTAL $160,000 * Supplemental expenses include city-furnished service pedestals, poles, luminaire arms and luminaires, and lighting contactors. City furnished equipment has been ordered and will be delivered to the job site. ENVIRONMENTAL STATUS: The City's Planning Department has reviewed this project and has determined it to be Categorically Exempt via per the California Environmental Qualtiy Act Section 15302, Class 2. FUNDING SOURCE: Funds are budgeted for this project in Community Development Block Grant fund account E- HN-ED-855-6-72-00. ALTERNATIVE ACTIONS: 1 . Deny award of the contract to Building Energy Consultants and select one of the other responsive bidders. 2. Reject all bids and provide direction to staff on how to pursue the project. ATTACHMENTS: None MTU/LFS/JDO/TAE/tae 2 �� Request for City Council Action April 18,1994 Submitted to : Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator C= cT ^ r•= Prepared by: Louis F. Sandoval, Director of Public Worksm Barbara A. Kaiser, Deputy City Administrator to f� o Subject: APPROVAL TO ADVERTISE FOR BIDS FOR THE .. r CONSTRUCTION OF STREET LIGHTS FOR CALIFORNIA mac. AND HUNTINGTON STREETS: CC-904 APPROVED BY CITY COUNCIL Consistent with Council Policy? [X ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Al ernative Actions, Attachments: Q CfrY CLERK STATEMENT OF ISSUE: The plans and specifications for the construction of street lights for California and Huntington Streets are complete, and City Council approval is required to advertise this project. RECOMMENDED ACTION: 1. That the City Council approve the plans and specifications for the installation of street lights for California and Huntington Streets (CC-904) and authorize the Director of Public Works to advertise this project. 2. Approve the attached sample contract, subject to award of contract to Council approved lowest responsive bidder. ANALYSIS: The replacement of street lights on California Street, between Geneva Avenue and Detroit Avenue, and Huntington Street, between Lincoln Avenue and Detroit Avenue is warranted. A Public Hearing to appropriate Community Development Block Grant (CDBG) funds was held, and funding was approved at the June 14, 1993, City Council Meeting, for the construction of street lights at a cost of $201,000. ENVIRONMENTAL STATUS: This project is categorically exempt via the General Rule Exemption (CEQA Section 15061(b)(3)). FUNDING SOURCE: The funding source for this project is the Community Development Block Grant. The engineer's estimate for this project is $160,000. ALTERNATIVE ACTIONS: 1. Do not authorize the Department of Public works to advertise for bids. 2. Do not approve the "sample contract" for this project. 3. Direct staff on alternative action. ATTACHMENTS: Project Location Map Sample Contract Special Provisions MTU/LFS/JDO/TAE/tae cc-904.001 moo. \1111 VICINITY MAP BOLSA AfA N N Mc FADDEN z EDINGER W AVE, Z n in 00 QHEILv i ; AVE.m moy c� a o c o 0 WARNER in `' m AVE. u SLATER AVE. 405 m TALBERT AVE. .o „ ELLIS AVE. GARFIELD m AVE. VN Uf N w r c� KTOWN AVE. 3 c l v AMS AVE. h INDIANAPOLIS AVE. YO N 0 5 a 0 m _ ATLANTA Z AVE. m / m Z HAMILTON AVE. �Y} BANNING AVE. ADAMS LINCOLN . INDIANAPOLIS D� . ..... ..... . ..0:..... ........ PROJECT AREA ATLAN TA .......... . .... ...... DETRO PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Huntington and California Streets Street Lighting Modification CDBG CC-904 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR INSTALLATION OF STREET LIGHTS FOR CALIFORNIA AND HUNTINGTON STREETS TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMh"E NC-EMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. CALIFORNIA FAIR EMPLOYMENT 6 11. CALIFORNIA PREVAILING WAGE LAW 6 12 CALIFORNIA PREVAILING WAGE LAW-PENALTY 6 13. CALIFORNIA EIGHT HOUR LAW 7 14. CALIFORNIA EIGHT HOUR LAW-PENALTY 7 15. PAYMENT OF TRAVEL 7 16. EMPLOYMENT APPRENTICES 7 17. PAYROLL RECORDS 8 18. INDEPENDENT CONTRACTOR 8 19. LIQUIDATED DAMAGES/DELAYS 8 20. DIFFERING SITE CONDITIONS 10 21. VARIATIONS IN ESTIMATED QUANTITIES 10 22. PROGRESS PAYMENTS 11 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 12 24. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 25. WAIVER OF CLAIMS 12 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 27. WORKERS COMPENSATION INSURANCE 13 28. INSURANCE 13 29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 30. DEFAULT&TERMINATION 15 31. DISPOSITION OF PLANS, ESTIMATES AND OTHER 15 32 NON-ASSIGNABILITY 16 33. CITY EMPLOYEES AND OFFICIALS 16 34. STOP NOTICES 16 35. NOTICES 16 36. CAPTIONS 16 37. FEDERAL PARTICIPATION 17 38. DAVIS-BACON ACT 17 39. DISCRIMINATION 17 40. EQUAL EMPLOYMENT OPPORTUNITY 17 41. COPELAND ACT 18 42. CONTRACT WORK HOURS 18 43. CLEAN AIR ACT 19 44. ENERGY CONSERVATION 20 45. HOUSING AND URBAN DEVELOPMENT 20 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED 20 47. ENTIRETY 21 SAMPLE 6/LIGHTS/A G R E E/02/2 4/94 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR CONSTRUCTION OF STREET LIGHTS FOR CALIFORNIA AND HUNTINGTON STREETS THIS AGREEMENT is made and entered into on this day of 1994, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and a hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as the construction of street lights for California and Huntington Streets, in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall.furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein 1 SAMPLE 6/LIGHTS/AGREE/02/24194 expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The 1991 edition of Standard Specifications for Public Works Construction, published by Builders News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the 2 SAMPLE 6/LIGHTS/AGREE/02/24/94 Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed Dollars ($ ) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT 3 SAMPLE 6/LIGHTS/AG R EE/02/24/94 to completion within �_) calendar/working days from the execution of this Agreement by CITY, excluding delays provided for herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the contract Documents. CONTRACTOR shall prepare and obtain approval as required by the contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work on CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the contract documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. 4 SAMPLE 6/L I GHTS/AGR EE/02/24/94 When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 5 SAMPLE 6/UGHTS/AGREE/02/24/94 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period,.CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the California Government Code sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public Works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 12. CALIFORNIA PREVAILING WAGE LAW- PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, a penalty to CITY, forfeit twenty-five 6 SAMPLE 6/LIGHTS/A G R E E/02/24/94 dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 13. CALIFORNIA EIGHT-HOUR LAW California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed-by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIGHT HOUR LAW- PENALTY pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the employment of apprentices, is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices, is applicable to this p. 7 SAMPLE 6/L I G H T S/A G R E E/02/24/94 - i • 17. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 18. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 19. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars LIGHTS.DOC8 SAMPLE 6/L I G H T S/A G R E E/02/24/94 ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder.. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no.allowance or LIGHTS.DOC9 SAMPLE 6/L I G H T S/A G R E E/02/24/94 extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 20 DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 21. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are LIGHTS.DOC10 SAMPLE 6/LIGHTS/AGREE/02/24/94 either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the fact and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement: If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 22. PROGRESS PAYMENTS each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded LIGHTS.DOC11 SAMPLE 6/LIGHTS/AGREE/02/24/94 has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 24. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 25. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, . claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein LIGHTS.DOC12 SAMPLE 6/LIGHTS/A G R EE/02/24/94 undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 27. WORKERS COMPENSATION INSURANCE pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 28. INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property LIGHTS.DOC13 SAMPLE 6/LIGHTS/AGREE/02/24/94 damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars. ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 29. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall LIGHTS.DOC14 SAMPLE 6/LIGHTS/AG REE/02/24/94 pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 30. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 31. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. LIGHTS.DOC15 SAMPLE 6/LIG HTS/AG REE/02/24/94 32. NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 33. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code sections 1090 et seq. 34. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 35. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 36. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, LIGHTS.DOC16 SAMPLE 6/L I G H T S/A G R E E/02/24/94 modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 37. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 38. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis- Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 39. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 40. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). LIGHTS.DOC17 SAMPLE 6/L I GHTS/AGREE/02/24/94 supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. (C) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the DPA List of Violating facilities. LIGHTS.DOC19 SAMPLE 6/LIGHTS/AGREE/02/24/94 CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four(4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the C its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 41. COPELAND "ANTI-KICKBACK"ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti-Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 42.. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as LIGHTS.DOC18 SAMPLE 6/L I GHTS/AGREE/02/24/94 (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, et seq.). 45. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. LIGHTS.DOc2O SAMPLE 6/LIGHTS/A G R E E/02/24/94 47. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers, the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California By: print name ITS: (circle one)Chairman/PresidentNice President Mayor By. APPROVED AS TO FORM: print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. Secretary-Treasurer C ity Attorney ATTEST: INITIATED AND APPROVED: City Clerk Director of Public Works REVIEWED AND APPROVED: City Administrator LIGHTS.Doc2l SAMPLE 6/LIGHTS/AGREE/02/24/94 CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND STREET LIGHTING IN THE CITY OF HUNTINGTON BEACH April, 1993 Prepared Under the Supervision of: a QRpF ESSfp�,q ttl, •o;i. !� +l �RpFESSlp�fq � •'o Ali•• �� EX/ 35 301-97,• W m � No. 1578 � s •'.•.,�rv►`,.:'\P �c E.o.to-3o-9S �i- r9lf OF cA-Lki slR FF` Of CAS James D. n, City'Tra ffic Engineer, R E 38580, RTE 1578 Date Approved by: OQPOFES40, L rJ 7 a m a No.20921 y * Exp.9-30-93 CIV\\- TfiOF CA\.\FO Robert E. Eichblatt, City- Engineer, R E 0921 Date covcr.sht STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND STREET LIGHTING IN THE CITY OF HUNTINGTON BEACH April, 1993 Installation of new or modification of existing traffic signals, systems, street lighting, and Emergency Vehicle Pre-emption equipment shall conform to the provisions in Section 86, "Signals and Lighting" of the Standard Specifications, and the Standard Plans of the State of California, Department of Transportation dated July, 1992, applicable sections of the National Electrical Code, current City of Huntington Beach Standard Plans, the plans, and these special provisions. The City of Huntington Beach Traffic Engineer shall be the sole arbiter of the prevailing specification should a conflict arise between Section 86 of the Standard Specifications and the Standard Plans of the State of California, Department of Transportation, the National Electrical Code, current City of Huntington Beach Standard Plans, the plans, and these special provisions. Such other items or details not mentioned, that are required by the plans, Caltrans Standard Specifications, Caltrans Standard Plans, the National Electrical Code, current City of Huntington Beach Public Works Department Standard Plans, or these Special Provisions shall be performed, placed, constructed or installed to provide a totally functioning operation as intended. The contractor shall supply all materials and equipment necessary to perform the work as specified herein unless noted otherwise on the plans. The following items are modifications to specific portions of Section 86, "Signals and Lighting" of the July, 1992 Standard Specifications and Standard Plans of the Department of Transportation (Caltrans) of the State of California. 86-1.015 Definitions The following terms and definitions shall be added to §86-1.015: The city shall be defined as the City of Huntington Beach. The Engineer shall be defined as the City of Huntington Beach Traffic Engineer or his representative. The phrases "State owned", "State furnished", or "State supplied" (and similar terms) shall mean City of Huntington Beach owned, City of Huntington Beach furnished, or City of Huntington Beach supplied unless noted otherwise on the plans. specisls.93 Page 2 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-1 03 Equipment List and Drawings The following shall be added to §86-1.03: One (1) complete set of project plans and these special provisions shall be kept on the job at all times, to be used as record drawings. Throughout the duration of the contract work, it shall be the responsibility of the. Contractor to maintain a currently updated record of all construction changes and variations from the contract drawings. Two (2) complete sets of "As-Built" prints shall be delivered to the Traffic Engineer, 2000 Main Street, Huntington Beach, CA 92648 upon completion of the work. The contractor shall keep at least one copy of the current State of California Department of Transportation (Caltrans) Standard Plans and Standard Specifications on the job at all times. 86-1.04 Warranties.-Guarantees and Instruction Sheets §86-1.04 shall be amended to read: Materials lists, manufacturer's data, warranties, guarantees, brochures, technical data, operating manuals, etc., shall be labeled and identified, and shall be submitted in bound booklet form prior to acceptance of the project. 86-1 05 Maintaining Existing and Temporary Electrical Systems The first sentence of the sixth paragraph shall be amended to read as follows: Where damage is caused by the Contractor's operations, the Contractor shall, at his expense, repair or replace damaged facilities within twenty four hours in accordance with these specifications. 86-1.06 Scheduling of Work The ninth paragraph shall be amended to read as follows: Functional tests shall start on any working day except Monday or Friday, or the day preceding or following a legal holiday. spec".93 Page 3 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-2.01 Excavating and Backfilling The following shall be added to §86-2.01: Backfilling in roadway areas shall be with one (1) sack P.C.C. slurry to bottom of roadway surfacing material unless otherwise directed by the Engineer or shown on the plans. All "Potholing" within roadway areas shall be backfilled with City-approved "one sack slurry" mix. Backfill in all trenches and pull box sumps not in roadway areas shall be compacted to 90% Relative Compaction unless directed otherwise by the Engineer. 86-2.02 Removing and Replacing Improvements The second paragraph shall be amended to read as follows: Whenever a part of a square or slab of existing concrete sidewalk, curb, gutter, or driveway is broken or damaged, the sidewalk, curb, gutter, or driveway shall be removed completely from score line to score line. Sidewalk shall be replaced from back of curb to back of walk, curb and gutter shall be replaced from edge of sidewalk to edge of asphalt, and driveways shall be replaced at the direction of the Engineer. Portland Cement Concrete (P.C.C.) shall conform to §303-5 of the latest Standard Specifications for Public Works Construction (commonly referred to as the "Green Book"). Improvements shall be installed per the latest City of Huntington Beach Public Works Department Standard Plans. 86-2.03 Foundations The following shall be added to §86-2.03: The contractor shall construct the controller cabinet foundation as shown on State Standard Plan ES-4B for Type P cabinets, including furnishing and installing anchor bolts (except that foundation shall extend 18" above grade and not 31/2" as shown) and shall install the controller cabinet on said foundation. A ground electrode (for radio interference suppression purposes only) shall be installed towards the front of the cabinet foundation and in the general.vicinity of the cabinet door hinge. This electrode shall not be connected to any electrical circuit grounding conductor. speciah.93 Page 4 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-2.05 Conduit 06-2.05A Material The first paragraph shall be amended to read: All new buried conduit, except as noted on the plans, shall be Schedule 80 rigid non- metallic type conforming to UL Publication UL651 for rigid non-metallic conduit. Non- metallic bell end bushings, Carlon plus E997J or approved equal, are to be placed on the terminating ends of all conduits prior to installing the conductors. H6-2.05B Use The third paragraph, item number six, shall be amended to read: Not otherwise specified shall be 2-inch. 86-2.05C Installation The eleventh paragraph shall be amended to read: A No. 12 copper pull wire shall be installed in all conduits which are to receive future conductors. At least 2-feet of pull wire shall be doubled back into the conduit at each termination. The thirteenth paragraph shall be amended to read: Conduit shall be laid to a depth not less than 18 inches below or greater than 36 inches below grade in portland cement concrete sidewalk areas and curbed paved median areas, and not less than 30 inches below grade or greater than 48 inches below finished grade in all other areas, unless shown otherwise on the plans. The sixteenth paragraph shall be amended to read: The "Trenching in Pavement Method" is dis-allowed in the City of Huntington Beach unless previously authorized in writing by the Engineer for the individual installation location as shown on the plans. The following conduit installation methods shall be the approved installation methods unless noted otherwise on the plan: Conduit shall be installed using drilling or jacking methods, except in the following situations: spec".93 Page 5 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 1. Conduit may be installed using mechanical trenching methods if the conduit is to be installed in a new street that has not been paved prior to conduit trenching. 2. Conduit may be installed via manual trenching methods in an existing paved street if. a. Jacking or drilling methods have been tried three times and subsurface conditions have prevented the successful installation of conduit. b. The inspector has determined that underground conditions or underground utilities make the use of jacking or drilling methods unsafe. If this condition is applied, manual trenching methods will be acceptable. No machine trenching method will be allowed. The seventeenth paragraph shall be amended to read: Rigid non-metallic type conduit and plastic coated rigid steel conduit shall not be used for drilling and jacking. Rigid non-metallic type of conduit and plastic coated rigid steel conduit may be installed under existing pavement if a hole larger that the conduit is pre- drilled and the conduit installed by hand. Rigid metal conduit, to be used as a drilling or jacking rod, shall be fitted with suitable drill bits for required hole size. The twentyseventh paragraph shall have these additional requirements: Conduit entering pull boxes shall terminate a minimum of 2" above the grouted bottom of the pull box and not less than 8" from the top of pull box. The conduit shall be placed in a manner that facilitates pulling of conductors in a straight line and clearing box wall by 2" (angle of exit). spec".93 Page 6 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-2.06 Pull Boxes 86-2.06A Materials The first paragraph shall be amended to read: All new pull boxes shall be plastic lined PCC, except where noted otherwise on the plans. All new pull box extensions shall be PCC, except where noted otherwise on the plans. All new pull box lids shall be fiberglass, except where noted otherwise on the plans. Pull box lid bolt-down hardware shall not be required unless noted otherwise on the plans. All new pull boxes shall be No. 6 unless noted otherwise on the plans. New pull boxes and pull box lids.shall be the following Christy Concrete Products, Inc. pull boxes, or approved equal: Pui1 Box Pu11 Box (Chesty Pull Box Lid (Christ Y Size concrete Products; Tnc Concrete Products,, Tnc Catalog No ) Catalog<No 3 1/2 N9 FL9T 5 N30 FL30T 6 N36 FL36T 86-2.06B Cover Markin State Standard Plan ES-8, "Pull Box Details", Note 4-a.5 and b.10, shall not apply to this project. 86-2.06C Installation and Use The second paragraph shall be amended to read: All new pull box installations shall be grouted. The pull boxes shall be bedded in crushed rock as shown on the plans and shall be grouted prior to the installation of conductors. The grout shall be between 0.5-inch and one inch thick and shall be sloped toward the drain hole. A layer of roofing paper shall be placed between the grout and the crushed rock sump. A one inch drain hole shall be provided in the center of the pull box through the grout and the roofing paper. specials.93 Page 7 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 The third paragraph shall be amended to read: Where the sump of an existing pull box is disturbed by the contractor's operations, the sump shall be reconstructed and, if the sump was grouted, the old grout shall be removed and new grout placed. Where the sump of an existing non-grouted pull box is disturbed by the contractor's operations, the sump shall be reconstructed and new grout and roofing paper shall be placed as described above. The following shall be added to §86-2.06C: No new or existing pull box shall be located in or within 1' of any wheelchair ramp. 86-2.08 Conductors and Wiring The following shall be added to §86-2.08: Conductors, #10 AWG or smaller, shall be solid. Conductors, #8 AWG and larger, shall be stranded. Emergency vehicle pre-emption (EVP) cable shall be continuous, without splices, from optical detector to controller cabinet. 86-2.08A Conductor Identification The following shall be added to §86-2.08A: Insulation color for bicycle push button conductors shall be solid blue. 86-2 08E Signal Interconnect Cable The first sentence of the first paragraph shall be amended to read: Signal Interconnect Cable (SIC) shall consist of AWG No. 20 (minimum) stranded, tinned copper conductors with the number of pairs as specified on the plans (six pair minimum). The third paragraph shall be amended to read: SIC shall be continuous between traffic signal controller cabinets without breaks or splices. A minimum of six feet of slack shall be provided at each controller cabinet. .�ials.93 Page 8 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 The fourth paragraph shall be deleted from §86-2.08E. The following shall be added to §86-2.08E: The ends of the unused signal interconnect conductors in the cabinet shall be folded back and taped securely to the cable. 86-2.09 Wiring 86-2.09C Connectors and Terminals The following shall be added to §86-2.09C: Compression-type terminals (spade or eyelet) shall not be permitted for termination on solid conductors. 86-2.09D Splicing §86-2.09D shall be amended to read: Unless shown otherwise on the plans or permitted by the Engineer, splices in traffic signal conductors shall not be made between terminal blocks. Splices in street lighting (multiple circuit) and intersection safety lighting conductors shall be made in the base of the standard or adjacent pull box. Splices in street lighting or intersection safety lighting conductors shall conform to §86- 2.09E and Standard Plan ES-13. Splices shall be insulated by Method B for Handcrafted Insulation. 86-2.10 Bonding and Grounding The second sentence of the seventh paragraph shall be amended to read: Ground electrodes shall be one piece, 10-foot length, 5/8-inch nominal diameter stainless steel and meet the requirements of the Code. npcciala.93 Page 9 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-2.11 Service The following shall be added to §86-2.11: Traffic signal service equipment enclosures shall be furnished with the following unless shown otherwise on the plans: 1. 50 amp breaker for traffic signals (120V metered). 2. 30 amp breakers for safety lighting (120V metered). 3. Safety lighting contactor and test switch. The eighth paragraph shall be amended to read: Service equipment enclosures shall be fabricated from aluminum and conform to the requirements of §86-3.07A, "Cabinet Construction." Service equipment enclosures shall be provided with a baked enamel finish coat, white in color and a method of securing the enclosure utilizing a padlock. With a City-furnished padlock in place, it shall not be possible to force entry into the enclosure by hand without the use of tools. Service enclosures shall conform to City of Huntington Beach Standard Plan No.s 402 A-D, unless shown otherwise on the plans. Standard traffic signal installations will utilize the service pedestal shown in City of Huntington Beach Standard Plans 402 A&B unless shown otherwise on the plans. The eleventh paragraph shall be amended to read: The Contractor shall be responsible for applying for and arranging with the serving utility to complete service connections for both temporary and permanent installations, and the Contractor shall pay all costs and fees required by the utility. The twelfth paragraph shall be amended to read: All costs of all electrical energy utilized until the successful completion of the functional testing period(s) for new street lighting and/or traffic signal systems shall be the contractor's responsibility. Upon the successful completion of the functional testing period(s) the subsequent costs of all electrical energy utilized to operate the newly installed system shall be the responsibility of the City. The fourteenth paragraph shall be deleted from this section. specieb.93 Page 10 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-2.14 Testing 86-2.14A Materials Testing The following shall be added to §86-2.14A: For city funded or administered projects, the city will be responsible for the costs of the initial soil and geotechnical material tests. The costs of all subsequent soil or geotechnical material tests deemed necessary due to the failure of the initial tests shall be the responsibility of the contractor. The contractor shall be responsible for the costs of all soil and geotechnical materials testing for privately funded projects, as required by the Engineer. The second sentence of the first paragraph shall be amended to read: The costs of all equipment and materials testing, except as noted otherwise in this section, shall be the contractor's responsibility. The fourth paragraph shall be amended to read: The contractor shall allow 30 days for material and equipment testing from the date the material or equipment is delivered to the test site. When the equipment or material being tested has been rejected for failure to comply with these specifications, the contractor shall allow 30 days for subsequent retesting. The retesting period shall begin when the corrected equipment or materials are made available at the test site. The sixth paragraph shall be amended to read: It is the contractor's responsibility to pick up and deliver all required materials and equipment to and from the point of purchase, the test site, and the work site. The city shall not be responsible for pick up or delivery of any materials or equipment unless noted otherwise on the plans or in these specifications. 86-2.14C Functional Testing The first sentence of the fifth paragraph shall be amended to read: The city shall be responsible for the costs of electrical energy for testing of modified, city-owned street lighting and traffic signal systems. spec".93 Page 11 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 The following shall be added to §86-2.14C: The Contractor shall, at his own expense, arrange to have a signal technician, qualified to work on the controller assembly and employed by the controller assembly manufacturer or his representative, present at the time the equipment is turned on. 86-3 Controller Assemblies 86-3.01 Controller Assembly The following shall be added to §86-3.01: Contractor shall furnish the following items as a complete package: 1. Caltrans Model 170E Micro Processor Intersection Controller Unit Assembly, supplied with a Serial Extender Board and two each 1200/2400 Baud Modems (GDI Model 404 or approved equal). The controller assembly shall be configured and jumpered to have all Random Access Memory (RAM) and Programmable Read Only Memory (PROMS) on the Central Processor Unit (CPU) circuit board (configuration No. 2 in the Caltrans Model 170E Operations Manual). The serial extender board shall access ACIA Port No. 4 (COM 4) and shall provide a db 9 (female) plug on the face plate of the serial extender board. The db 9 plug shall be configured for standard IEEE RS232C serial port operations. The removable circuit boards within the intersection controller unit assembly shall be installed individually in a vertical plane, parallel to one another. The Model 170E controller unit assembly, the serial extender board, and 1200/2400 baud modems shall comply with the latest Caltrans Model 170 controller specifications and addendums No. 5 & 6, and the Caltrans letter of understanding dated January 13, 1993. Only manufacturers listed on the current Caltrans Qualified Products List shall be allowed to provide the controller assembly, serial extender board, and modem modules. The preferred manufacturer shall be Peek Traffic/Signal Control Company. 2. BI Tran Systems, Inc. Model 170 Controller Traffic Signal Program 233 (latest edition), one copy per each Model 170E controller assembly supplied. 3. Antares, Inc. 170 To NEMA Adaptor, Model 1000000A (latest version), complete with NEMA D Panel connector, one each per Model 170E controller assembly supplied. specisls.93 Page 12 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-3.05 Controller Assembly Testier The second sentence of the second paragraph shall be amended to read: A Certificate of Compliance with the approved procedure and a test report signed by a responsible managing employee shall accompany each controller assembly submitted to city for acceptance prior to installation and functional testing in its final location. 86-33 07 Controller Cabinets The following shall be added to §86-3.07: Contractor shall furnish a Type P cabinet with thirty-two(32) vehicle detector connecting cables, conflict monitor and all appurtenant equipment (including load switches and 24 detector amplifiers) necessary to operate eight traffic phases. 86-3.07A Cabinet Construction The following shall be added to §86-3.07A: Cabinet shall be aluminum and painted white. A steel load switch bay shall be provided. 86-3.07B Cabinet Ventilation The first paragraph of §86-3.07B shall be amended to read: Rain tight, screened vent holes shall not be provided. Louvered vents with a permanent metal mesh and 14-inch by 10-inch by 1-inch 4-ply woven polypropylene air filter held firmly in place, which is to permit the fan to pass the volume of air specified, shall be provided in the cabinet door. Air filter support brackets shall have drain holes and the drain holes shall not drain to the outside of the cabinet. spcc".93 Page 13 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-3.07C Cabinet Wiring The following shall be added to §86-3.07C: Flasher units shall be wired to flash phases 1, 2, 3 and 4 simultaneously and phases 5, 6, 7, and 8 simultaneously. Phases 1, 2, 3, and 4 shall not flash concurrently with phases 5, 6, 7, and 8. Cabinet shall include a NEMA "D" connector. 86-3.07D Cabinet Accessories The following shall be added to §86-3.07D: Labels on detectors and detector cables shall correlate controller phase designations with phase designations shown on the plans. Cabinet shall be furnished with a Detector Systems, Inc. Model DS-217 two position EVP equipment mounting rack, provided in the "flanges in" configuration. 86-3.08 Auxiliary�F. uipment 86-3.08B(1) Emergency Vehicle Pre-emption F4uipment The following shall be added to §86-3.08B(1): The Contractor shall furnish and install optical detectors and detector cable, and shall make all wiring connections and aim detectors as specified by the manufacturer. Optical detectors shall be 3M Model No. 511, 521, or 522. Discriminator modules shall be 3M Model No. 262. Optical detector signal cable shall be 3M Model No. M-138, or approved equal. 86-3.08C Monitoring Device The following shall be added to §86-3.08C: Conflict monitor shall be Eberle Designs, Inc. Model SSM-12LEPR. specia6.93 Page 14 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-3.08K Convenience Receptacle The following shall be added to §86-3.08K: The convenience receptacle shall have ground-fault circuit interruption as defined by the National Electrical Code. Circuit interruption shall occur on 6 milliamperes of ground- fault current and shall not occur on less than 4 milliamperes of ground-fault current. 86-3.08L Flasher The third paragraph shall be amended to read: Flasher shall provide 2 output circuits to permit alternate flashing of signal faces and shall be capable of carrying a minimum of 20 amperes per circuit at 120 volts. 86-4 Vehicle Signal Faces and Signal Heads 86-4.01 Vehicle Signal Faces The following shall be added to §86-4.01: Signal section housings, backplates, and visors shall be plastic type, unless noted otherwise on the plans. All exposed and interior fasteners shall have an anti-seize compound (No-Lox or approved equal) applied before installation. 86-4.01 A Optical Units The following shall be added to the first paragraph: Contractor shall supply and install all required light bulbs. Vehicle indication light bulbs shall be Duro Test or approved equal. 86-4.01B Signal Sections The following shall be added to §86-4.O1B: All indications shall be 12 inch. spec".93 Page 15 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-4.05 Pedestrian Signals The following shall be added to §86-4.05: Pedestrian signals shall be Indicator Controls Corp. Model 4094B or approved equal, with clamshell mounting and Z-crate type screen. All pedestrian signal housings shall be aluminum. All pedestrian signal screens shall be plastic. All exposed and interior fasteners shall have an anti-seize compound (No-Lox or approved equal) applied before installation. 86-4.06 Signal Mounting Assemblies The following shall be added to §86-4.06: All exposed and interior fasteners shall have an anti-seize compound (No-Lox or approved equal) applied before installation. The fourth sentence of the first paragraph is amended to read: Post top slip-fitters, mast arm slip fitters, and terminal compartments shall be cast bronze. 86-5 Detectors 86-5 01A(3) Sensor Unit Construction The following shall be added to §86-5.01(A): All loop detector amplifiers shall be single channel. Amplifiers shall be Detector Systems, Inc., Model number 913B, unless shown otherwise on the plans. specia6.93 Page 16 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-5.01A(4) Construction Materials The following shall be added to §86-5.01A(4): Loop wire shall be Type 2. Loop detector lead-in cable shall be Type C, unless specified otherwise on the plans. When 4418 loop detector lead-in cable is specified on the plans, the loop detector lead-in cable shall be Canoga Controls Corporation 30003 polyethylene jacketed cable, with water blocking per Type B loop detector lead-in cable. 86-5 OlA(5) Installation Details The following shall be added to §86-5.OlA(5): Unless shown otherwise on the plans all new loop detectors shall conform to Standard Plan ES-5B, Type E, except that the loops shall be 6-foot diameter (not 6-inch diameter as shown) and shall be spaced 10-feet apart in the direction of travel (not 10-inches as shown). Loop detector sealant shall be "Hot-Melt Rubberized Asphalt Sealant". Loop detectors shall be installed (including sealant) on the same day in which the loop detector slots are cut. Curb terminations shall be as shown on Standard Plan ES-5E, Type A. The number of loop detector lead-in cables required to achieve the specified detection shall be installed. Splices will not be allowed in the loop detector lead-in cable between the controller cabinet and the pull box adjacent to the loop detector installation. Loop detector to loop detector lead-in cable splicing shall conform to §86-2.09D. Splices shall be insulated according to §86-2.09E, Handcrafted Insulation for Detector Circuits. Heat-shrink tubing is dis-allowed. spec"_93 Page 17 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-5.02 Pedestrian Push Buttons The following shall be added to §86-5.02: Pedestrian push buttons shall be Standard Plan ES-5C, Type B. Push button assemblies shall be McCain Signal Products Catalog No. MPB.02 with polycarbonate push button cover or approved equal. 86-6.01 Luminaires Intersection safety lighting luminaires shall comply with §86-9 of these special provisions. The luminaires shall be the type specified for arterial streets. The output wattage of the intersection safety lighting luminaires shall be as shown on the plans. 86-6.065 Internally Illuminated Street Name Signs §86-6.065 shall be deleted and replaced with the following: A solid box superimposed upon the traffic signal mast arm symbol on the plans shall indicate that a complete Non-Illuminated Mast Arm Street Name Sign assembly shall be installed on that mastarm. The sign mounting hardware and location details shall be as shown in the City of Huntington Beach Standard Plan No.s 403 & 404 A&B. The following specifications define requirements for Non-Illuminated Mast Arm Street Name Signs: Sign Message: Street Name Suffixes shall not be used. Letter size, style, spacing, arrows, logos and borders shall generally conform to the current State of California Department of Transportation (Caltrans) Traffic Manual, Table 4-4 and Table 4-7, and Sign Specifications for Type G7 Advance Street Name Signs. Non-Illuminated Mast Arm Street Name Signs shall be double sided unless noted otherwise on the plans. gmcisb.93 Page 18 Huntington Beach Traffic Signal. and Street Lighting Standard Special Provisions April, 1993 Sign Materials: The sign panel shall be 0.080-inch thick new sheet aluminum alloy 3003-H14 or 5052-H32. The sign panel shall have shear-trimmed or roll-slit edges with workman-like quality. The corners of the sign panel shall be 3-inch radius. Four 0.375-inch diameter sign attachment holes shall be provided in each sign. The sign attachment holes shall be in the positions specified on City of Huntington Beach Standard Plan No. 404B, with the 'A' dimension of 13 inches. The mounting holes shall be 4-inches in-board of the outside vertical edge of the sign and generally conform to the positions shown on Standard Plan 404B. The signs shall be attached to the mounting brackets with 0.375-inch diameter stainless steel bolts with two stainless steel cut flat washers and secured with stainless steel Nylock' nylon locking nuts. Two types of sign facing materials and application methods are acceptable. Method A: White 3M Diamond Grade (or City-approved equal) prismatic sheeting shall be applied to the entire sign panel face. The sign message shall be cut into a non-reflective translucent film mask which shall be applied over the reflective sheeting. The color of the non-reflective translucent film shall be Federal Highway Blue. The translucent film shall be 3M Translucent Film or City-approved equal. Method B: Federal Highway Blue 3M Diamond Grade (or City-approved equal) prismatic sheeting shall be applied to the entire sign panel face. The sign message and border shall consist of White 3M Diamond Grade (or City- approved equal) prismatic sheeting applied to the Federal Highway Blue background. 86-9 Street Lighting. General This section shall be an addition to the sections present in Section 86 of the Caltrans July, 1992 Standard Specifications. City-owned street lighting systems shall be constructed utilizing the previous special provisions and the following material and construction specifications: epecia6.93 Page 19 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 Non-arterial Streets: Non-arterial streets shall be any street not shown on the current Orange County Master Plan of Arterial Highways. Street lighting poles shall be Ameron Catalog No. 6C1-17F6 (or approved equal). When the plans specify 70 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the following luminaires types shall be installed: ) General Electric Catalog No. M2AC-07-S-0-N-1-G-MC3-1 (Multi-tap ballast) General Electric Catalog No.M2AC-07-S-7-N-1-G-MC3-1(120/240 VAC ballast) Hubbell Catalog No. RMC-3-3 (Fixture Housing) with RMD-07S26-3 (Power Door) When the plans specify 150 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the following luminaires types shall be installed: General Electric Catalog No. M2AC-15-S-0-N-1-G-MC3-1 (Multi-tap ballast) General Electric Catalog No.M2AC-15-S-7-N-1-G-MC3-1(120/240 VAC ballast) Hubbell Catalog No. RMC-3-3 (Fixture Housing) with RMD-15S28-3 (Power Door) These catalog numbers specify a luminaire with IES Type III distribution, full lighting cut-off, power door ballast assembly, 120/240 VAC or multi-tap lighting ballast, and bulb. Arterial Streets: Arterial streets shall be any street shown on the current Orange County Master Plan of Arterial Highways. For all arterial streets except Pacific Coast Highway, Walnut Avenue between Sixth Street and First Street, and Pacific View Avenue between First Street and Beach Boulevard, lighting poles shall be Ameron Catalog No. 1C1-28N8 (or approved equal). specials.93 Page 21 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 For privately funded projects, all costs associated with design, encroachment permit applications, inspections, installation of street lighting equipment, materials, or labor associated with the street lighting installations or modifications shall be the contractor's responsibility. specisls.93 Page 20 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 When the plans specify 250 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the following luminaires types shall be installed: General Electric Catalog No. M4AC-25-S-0-N-1-G-MC3-1 (Multi-tap ballast) General Electric Catalog No.M4AC-25-S-7-N-1-G-MC3-1(120/240 VAC ballast) Hubbell Catalog No. RLC-3-3 (Fixture Housing) with RLD-25S38-3 (Power Door) When the plans specify 400 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the following luminaires types shall be installed: General Electric Catalog No. M4AC-40-S-0-N-1-G-MC3-1 (Multi-tap ballast) General Electric Catalog No. M4AC-40-S-7-N-1-G-MC3-1(120/240 VAC ballast) Hubbell Catalog No. RLC-3-3 (Fixture Housing) with RLD-40S38-3 (Power Door) These catalog numbers specify a luminaire with IFS Type III distribution, full lighting cut-off, power door ballast assembly, 120/240 VAC or multi-tap lighting ballast, and bulb. The contractor shall install a pull box adjacent to the new street light pole base with 1 1.5-inch conduit between the pull box and the street light. The street light pole foundation installation shall comply the pole manufacturer's recommendations. All street lighting and intersection safety lighting poles shall have an in-line fuse installed. Street lighting poles shall have the in-line fuse installed in the pull box adjacent to the pole. Intersection safety lights shall have the in-line fuse installed in the pole base of the traffic signal pole or lighting pole supporting the intersection safety lighting luminaire. The in- line fuse shall include a water-tight housing and shall be Fusetron or approved equal. Street lighting systems installed on Pacific Coast Highway (State Route 1), Walnut Avenue between Sixth Street and First Street, and Pacific View Avenue between First Street and Beach Boulevard (State Route 39) shall require Ameron Catalog No. 1-C3-22- J8 or Ameron 1-0-2248D street light poles (as shown on the plans). Luminaires shall be 250 Watt HPS or 400 Watt HPS as shown on the plans. Street lighting pole and conduit installations on Pacific Coast Highway and Beach Boulevard shall require Caltrans plan approval and encroachment permits. specials.93 Bid Bonds Rec jc�W-d NIumay Ma`( 231 19A 10;00 PIA By Treasurer'--Wfice DATF t e�M--A-lx -9 1994 = 1:M— PROJECT ENGINEER:. Terri l ENGIIv�t'S ESTIMATE: 100,000 JOB TITLE AND CC#: STREET LIGHTS for California to Huntington Streets (1It- 1?1)4L BIDDER'S NAME TOTAL BID AMUNT 1. Alpha Omega 2. Band B Electric S"? Z . p Z 3. Building Energy Consultants y -7 Z . D a 1 4. Hood Co oration y q ( . D O 3 5. F AfJohnson, Incorporated N jol, 7qq. 00 6. George Juganic Construction 7. L and R Electric Service 8. Moore Electrical Contractors 9. Reginald ' po 2 10. Steiny and Ccupany 11. T I S Engineering .SEABOARD SURETY CROMPANY ADMINISTRATIVE OFFICES: BEDMINSTER, NEW JERSEY PROPOSAL BOLD Xnnm all Mtn hg thror Prrarnts: THAT WE, HOOD CORPORATION as principal, and SEABOARD SURETY COMPANY, a corporation under the laws of the State of New York, having its principal place of business in the City of New York, New York, as surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 as obligee,in the sum of Ten Percent of Bid Amount (--10%--) DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 19th day of May 1994 . WHEREAS, the said principal is herewith submitting its proposal for Construction of Street Light - Contract No. 904 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal shall be awarded the contract upon said proposal and shall within the required number of days after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void; otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the bid of the said principal and the amount for which the obligee may legally contract with another party to perform the said work if the latter amount be in excess of the former; but in no event shall the surety's liability exceed the penal sum hereof. Hood Corporation By SEABOARD SURETY COMP N Form 136 Attorney-in-Fact �/nne D. Horton Certified Copy SEABOARD SURETY No. 11617 • ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY'- POWER OF ATTORNEY = KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY,a corporation of the State of New York has made constituted and appointed and by these presents does make, constitute and appoint J.A. Crawford-.-or5. Joanne D. Horton or Christine Jose Los Angeles, California of _ <-- its true and lawful Attorney-in-Fact,to make,execute and deliver on its behalf insurance policies,surety bonds,undertakingsd other instruments of similar nature as follows: Without Limitations _ Such insurance policies, surety bonds, undertakings and instruments for said purposes,when duly executed by the;etO�essk! >' Attorney-in-Fact,shall be binding upon the said Company as fully and to the same extent as if signed by the duty euihoried officers of the Company and sealed with its corporate seal;and all the acts of said Attomey4n-Fact,pursuant to tfie 6u`tho ity hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duty adopted by the Board of Directors of the Bald ``' Company on December 8th, 1927,with Amendments to and including January 15. 1982 and are still in full force and effect: _= ARTrC:E Vu SECTION 1. _ -Powa.s.bonds,recognlz,nces,stipulations.consents of suety,underwriting undertakings and I strunwnts relating thent0. Inswar cr poet,es-bonds,recognizances,stipulations,consents of surety and underwriting undertakings of the Company,and releases,agreements and oth&_ writings r"i-ng in any way thereto or to any claim or loss thereunder,shall be signed In the name and on behalf of the Company == r a: by the Chairman of the Board,the President,a Vice-President or a Resident Vice-President and by the Secretary,an Assistant Secretary,a Resident Secret a" or a Resident Assistant Secretary;or(b)by an Attorney-In-Fact for the Company appointed and authorized by the Chairman of the Board,the Pres-oe­r or a V,ce-President to make such signature;or(c)by such other officers or representatives as the Board may from time to time determine.'`. Tee seat of the Company shall if appropriate be affixed thereto by any such officer,Attorney-in-Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice Presidents. and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries,this ... ay of August........................ 19.....9.3 `p Attest: SEABOAk9D SUJIETY QOMPANY, z _ 1911 = By (Seal) sistant Secretary Vice-President._ i STATE OF NEW JERSEY ss.: — COUNTY OF SOMERSET On this 9 th ----. day of .------•-----. --•--•-.AIh- uSt 19 9 3 .., before me personally appeared Michael___B_. Keegan a Vice-President of SEABOARD SURETY COMPANY I with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of ...New....J.P_ sey that he is a Vice-President of SEABOARD SURETY COMPANY,the corporation described in and which executed the;foregoing _ instrument;that he knows the corporate seal of the said Company;that the seal affixed to said instrument is such corporate seal; that it was so affixed b order of the Board of Direct r om an and that he signed his name thereto as Vice-President of y LINDA SM p y' said Comps a authority. ° 9 NOTARY. PUBLIC OF NEW JERSEY - - NOTARY My Corittntsston Expires Dec.16 6 (Seal) � W�rE = . . . ---- . ----otary Public �F NEW C E R T E I,the undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is - a full,true and correct copy,is in full force and effect on the date of this Certificate and I do further certify that the Vice-President who executed the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney-in-fact as provided in Article VII,Section 1,of the By-Laws of.. SEABOARD SURETY COMPANY. This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970. -- "RESOLVED: (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Assistant Secretary on certification of the correctness of a copy of an instrument executed by the President or a Vice-President pursuant to Article VII,Section 1,of the By Laws__ appointing and authorizing an attorney-in-fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings_,or other instruments described in said Article VII, Section 1, with like effect as if such seal and such signature had been manually affixed and made, hereby is- authorized and approved." -_-- - -_ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of tie Company to these presents this LUOLKY olQcS*Err�� _... 19th.....- day of t........................• --•---------•----•. .., 199`*. - 1927 �'lForMEMyoQt Assistant Secretary` - Form 957(Rev For verificraticii of t,ie authenticity of this Power of P.' a y you may Gail,collect,S03-653-350O and ask fo*' Pover of Attorney clerk.Please refor to the Power cf Attorney nurrnber, the above nam ed individual(jWd details of the bond to which the po:ver is atta In New York, Dial 212-627-5444. ` ` ' ' � ^ ` ` ' ` � ` ` � TITAN INDEM I COMPANY t Titan Indemnity Company 110446 San Antonio, Texas GENERAL POWER OF ATTORNEY CONTRACT AMT: NSA BOND AMT:$12 ,000.00 BOND NoJ 10446 Know all men by these Presents,that TITAN INDEMNITY COMPANY has made,constituted and appointed,and by these presents does make, constitute and appoint Blake A. Pfister its true and lawful Attorney-In-Fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,bonds,undertakings,contracts of suretyship,and other documents of a similar character issued in the course of its business,and to bind the Company thereby,provided that no bond or undertaking or contract of suretyship executed under their authority shall exceed in the amount the sum of Five Hundred Thousand and 00/100 Dollars ($500,000) This Power of Attorney is granted and is signed and sealed by the authority of the following Resolution adopted by the Board of Directors of TITAN INDEMNITY COMPANY on the 15th day of January,1993. Resolved:That Mark E.Watson,Jr.,President,Mark E.Watson,III,Secretary,Michael J.Bodayle,Treasurer,Bob L.Sibley,Executive Vice President,and Gene Holt,Vice President of Surety Operations,or any of them,shall have the power to appoint Attorneys-In-Fact as the business of the Corporation may require or to authorize any persons to execute on behalf of the Corporation any bonds,undertakings,recognizances,stipulations,policies,contracts,agreements,deeds and release and assignment of judgments,decrees,mortgages and instruments in the nature of mortgages and also all other instruments and documents which the business of the Corporation may require and to affix the seal of the Corporation thereto. Resolved Further:That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney certificate of either given for the execution of any bond,undertaking,contract or 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. In Witness Whereof,TITAN INDEMNITY COMPANY has caused its official seal to be hereunto affixed,and these presents to be signed by one of its Vice Presidents and attested by its Secretary this 15th day of January,1993. TITAN INDEMNITY COMPANY Attest: By: Mark E.Watson,III,Secretary Bob L.Sibley,Executive Vice President The State of Texas County of Bexar On this 28th day of May,1993 before me personally came Bob L.Sibley,to me known,who being by me duly sworn,did depose and say that he is the Executive Vice President of TITAN INDEMNITY COMPANY,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Jill Bumgardner,Notary Public Certificate I,the undersigned,the Treasurer of TITAN INDEMNITY COMPANY,a Texas Corporation,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney,is now in force. Signed and sealed in the City of San Antonio,in the State of Texas. Dated the19 th day of May 19 94 Michael J.Bodayle,Treasurer (TIC-GPOA 052493) Transamerica • Transar�ca Premier Insurance Company IIIIII Home Office: range,California Insurance Services Proposal Bond KNOW ALL MEN BY THESE PRESENTS, Bond no. TPI 2716754-003 That we BUILDING ENERGY CONSULTANTS as Principal, and the Transamerica Premier Insurance Company, a corporation under the laws of the State of Cali- fornia, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the obligee) in the full and just sum of TWELVE THOUSAND DOLLARS AND NO/100'S** (12,000.00**) for the payment whereof in lawful money of the United States,we bind ourselves,our heirs,administrators,executors or successors, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for STREET LTG. NOW,THEREFORE, if said contract be awarded to the Principal and the Principal shall,within such time as may be specified,enter into the contract in writing,and give bond,with surety acceptable to the Obligee for the faithful per- formance of the said contract,then this obligation shall be void;otherwise to remain in full force and effect.Provided, however,that if said contract is not awarded within 60 days of the date of bid opening,this bond shall be void and of no force and affect. Signed and Sealed this 12TH day of MAY , 19 94 BUIADING ENERGY CONSULTANTS ///f rincip � a ameri a envier In urance Company Y - At orney-i U 0 N A. RUIZ B 30028 8-84 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CALIFORNIA County of RIVERSIDE On 5/12/94 before me, TtWRESA I. Box, NOTARY PUBLIC , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC- - personally appeared JCHN A. RUIZ NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ to be the person(s) whose name(&) isAafe• subscribed to the within instrument and ac- knowledged to me that he,(gheAhey eX9GI the same in hisNaEr authorized capacity0 -a-), and that by hisLher�t-k�e r signatureH on the instrument the person(&), or the entity upon behalf of which the T}{ERESAI.BOK person" acted, executed the instrument. COMM./959255 n h B NOTAii'1 PueUC.CALIFORM A u ' - Com" A WITNESS my hand and official seal. My Comm.DOM IA ICh 5.t SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BID BOND TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL TWO ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 5/12/94 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) PRINCIPAL SIGNER(S)OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 COMPANY NAME CHANGE ENDORSEMENT Please attach this endorsement to your policy. The name of the company issuing your policy has been changed. This name change does not in any way modify either your policy status or your policy provisions. a, The policy is revised as follows: The name "Transamerica Insurance Company' is deleted wherever it appears and is replaced by "11G Insurance Company." t The name "Transamerica Reinsurance Company' is deleted wherever it appears and is replaced by "TIG Reinsurance Company." The name "Transamerica Premier Insurance Company" is deleted wherever it appears and is replaced by "TIG Premier Insurance Company." The name "Transamerica Countrywide Insurance Company" is deleted wherever it appears, and is replace by "TIG Countrywide Insurance Company." The name "Transamerica Specialty Insurance Company" is deleted wherever it appears and is replaced by "TIG Specialty insurance Company." The name "Transamerica Indemnity Company' is deleted wherever it appears and is replaced by "TIG Indemnity Company." The name "Transamerica Insurance Company of Texas" is deleted wherever it appears and is replaced by "TIG Insurance Company of Texas." The name "Transamerica Insurance Company of Michigan" is deleted wherever it appears and is replaced by "TIG Insurance Company of Michigan." The name "Transamerica Insurance Corporation of America" is deleted wherever it appears and is replaced by "TIG Insurance Corporation of America" The name "Transamerica Lloyds Insurance Company" is deleted wherever it appears and is replaced by "TIG Lloyds Insurance Company." The name "Transamerica Fairmont Insurance Company of Colorado" is deleted wherever it appears and is replaced by "TIG Insurance Company of Colorado." All other provisions of this policy continue to apply. This change is signed by the President and Secretary of the companies. ! C/ i Secretary President i i i 1 Z 22457 • TIm1er Insurance Company Ad trattva Office: Battle Creek, Michigan 000 A 2 (� GPA # GENERAL POWER OF ATTORNEY Power Of Attorney valid only if numbered 1n red: Know All Men by These Presents, That TIG Premier Insurance Company, a corporation duly organized and existing under the laws of the State of California, and having its administrative office in Battle Creek, Calhoun County, Michigan, does by these presents make, constitute and appoint JOHN A. RUIZ of RIVERSIDE and State of CALIFORNIA 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 CONTRACT BONDS (S B A GUARANTEE AGREEMENT) - MAXIMUM PENALTY $750,000.00 OTHER CONTRACT BONDS - MAXIMUM PENALTY $150,000.00 ALL OTHER BONDS - MAXIMUM PENALTY $25,000.00 "THIS POWER OF ATTORNEY SHALL TERMINATE, AND BE OF NO FURTHER EFFECT AFTER DECEMBER 31 1994' and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appPointment is made under and by authority of Section 35 of the bylaws, as amended, and duly adopted by the Board of Directors of the TIG Premier Insurance Company. "Be It Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any or more suitable persons as Attorney(s)- the Company subject to the following provisions: in-Fact to represent and act for and on behalf of "Section 1. Attorney-in-Fact Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of surety and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, TIG Premier Insurance Company has caused these presents to be signed by its VICE PRESIDENT and its corporate seal to be hereto affixed this 4TH day of A.D., 19 94 U,r� % 0 IG�RE IER INSURANCE COMPANY a JUL`! � State of Michigan ^ +�� 1, l 9 x — SS.: :t.,,.. 1941��Qaa Y FRED C. CRAIG County of Calhoun I IFO�*� On this 4TH day of JANUAR in the year 1994 before me SHERRY ANN KING , a notary public, personally appeared FRED C. CRAIG personally known to me to be the person who executed the within instrument as— VICE PRESIDENT on behalf of the corporation therein named and acknowled d to me that the cor oration executed it SHERRY,ANN KING Notary Public:Cal " 121. 946 MyCommlt>�onV Notary Public I, the undersigned Secretary of TIG Premier Insurance Company, hereby certify tha the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company,'and do hereby further certify that the said Power of Attorney is still in force and effect And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of Section 30 of the bylaws, as amended, and duly adopted by the Board of Directors of the TIG Premier Insurance Company and that said Section 30 of said bylaws has not been amended or repealed as of the date hereof; "Resolved, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of the Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company, this 12TH day of MAY 19 94 THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND N0. TPI 2716754-003 secretary 01-94 30024 C f MERCHANTS BONDING COMPANY 3465 CAMINO DEL RIO SOUTH,SUITE 310. SAN DIEGO,CA 92108 (619)282-7172/(800) 624-2415 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, F. J. JOHNSON, INC. (hereinafter called the PRINCIPAL) and MERCHANTS BONDING COMPANY (Mutual) , a corporation organized and doing business under and by virture of the laws of the State of Iowa and duly licensed for the purpose of making, sole Buret u 9, guaranteeing or becogina Y Upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as SURETY, are held and firmly bound unto (hereinafter called the OBLIGEE) in the full sum of —CITY OF H1INTTgQ1QN BEACH TEN PERCENT OF THE TOTAL AMOUNT BID IN America,--------------- DOLLARS (S 10% ) lawful money of the United States of for the payment of which, well and truly to be made, we bind ourselves and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, the above bounden PRINCIPAL is about to hand in and submit to the OBLIGEE, a bid or proposal date MAY 19 1994 for: HTING IMPROVEMENTS PROJECT N0. CC904 SPC in accordance with the plans and Spec ificati ns filed in the office of the OBLIGEE and under the notice inviting proposals therefor. NOW THEREFORE, if the bid or proposal of said PRINCIPAL shall be accepted and contract for such work be awarded to the PRINCIPAL thereupon by said OBLIGEE, and said PRINCIPAL shall enter into a contract and bond for completion of said work as required by law, then this obligation shall be null and void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, said PRINCIPAL, and SURETY have caused these presents to be signed and sealed this _ 17TH day of ---- MAY _ 19 94 - F. J. JOHN N,; INC. PRINCIPAL r BY: CA ME;BY: TS BONDING OMPANY (MUTUAL) JOH GARRETT Attorney-in-Fact 3361 31693 GRIFFITiI-SINCOCK d3 �: MerPants Bonding Com y Mutual POWER OF ATTORNEY Know All Men By These Presents,that the MERCHANTS BONDING COMPANY(Mutual),a corporation duly organized under the laws of the State of Iowa,and having its principal office in the City of Des Moines,County of Polk,State of Iowa,hath made,constituted and appointed,and does by these presents make,constitute and appoint >>>.JOHN M. GARRETT**JUDITH K. CUNNINGHAM**KELLY MCNEIL<<< »>«< »>«< of SANTA ANA and State of CA its true and lawful Attorney-in-Fact,with full power and authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf as surety: >>>TWO HUNDRED FIFTY THOUSAND DOLLARS( $250,000 . 00 ) <<< and to bind the MERCHANTS BONDING COMPANY(Mutual)thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(Mutual),and all the acts of said Attorney,pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(Mutual). ARTICLE 2,SECTION 8. —The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorney-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE 2,SECTION 9.—The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof,MERCHANTS BONDING COMPANY(Mutual)has caused these presents to be signed by its Vice President and President,and its corporate seal to be hereto affixed,this 15th day of October A.D.,19 92 Attest: MERCHANTS BONDING COMPANY(Mutual) By 1933 C; �•' President • �Y• VkePresident STATE OF IOWA tr ���'••• COUNTY OF POLK ss. On this 15th day of October 19 92 before me appeared M.J•Long and Rodney Bliss III,to me personally known,who being by me duly sworn did say that they are Vice President and President respectively of the MERCHANTS BONDING COMPANY(Mutual),the corporation described in the foregoing instrument,and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal,at the City of Des Moines,Iowa the day and year first above written. G. BRUT'• !� A. 9 : Notary public. Polk County,lows • • Q tad • My Commission Expires 3' IOWA m • 11-4-95 •• T lP STATE OF IOWA •. '9 R i A�- COUNTY OF POLK as. 1,M.J.Long,Vice President of the MERCHANTS BONDING COMPANY(Mutual),dohereby certify t�T N the e and foregoing is a true and correct copy of the POWER OF ATTORNEY, executed b said ME- ING COMPANY(Mutual),which Is still in force and effect. •O? tk P 0 g In Witness Whereof,I have hereunto set my hand and affixed the seal of the Company,at SANTA A `<�ALIFA this 17TH day of MAY 19 94 ` ! 19' . V This power of attorney expires December 31, 1995. 'f -�TF1��1�1ERTC"�t�srrrUr .__ vF Bond No. 015461 AIA Document A390 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that w Here Bse&full namenEle dd dd cs or leygal of Contractor) 634 North Poplar, Unit J, Orange, CA 92668 as Principal, hereinafter called the Principal, and American National Suet A�st�rnct Cctenpany (Here insert full name an ad ss or ega tit e o urety 2151 Michelson Dr., Suite 286, Irvine, CA 92715 as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach (Here insert full name and address or legal title of Owner) Engineering Department, 2000 Main Street, Huntington Beach, CA as Obligee, hereinafter called the Obligee, in the sum of Twelve Thousand Dollars & 00/100 Dollars ($ 12,000.00 ), for the payment'of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Construes tioersert f?IF MfixPdert aldioihtiogproject) California & Huntington Street - Cash Contract No. 904, Huntington Beach, CA NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 19th day of May 19 94 B & B Electric Company (Pri a (Witness) (j'q� American National Surety Assurance Canpany (Sur y) (Seal) (Witness) (Title) Brian Scott Gerhard, Attorney-In-Fact AIA DOCUMENT A310• BID BOND•AIA®• FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 State of CALIFORNIA County of ORANGE On 5/19/94 before me, D A BRUNNING JR, NOTARY PUBLIC , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared BRIAN SCOTT GER RM , NAME(S)OF SIGNER(S) ❑x personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(&) whose name($) islwk subscribed to the within instrument and ac- knowledged to me that he/&be/kwy executed the same in hishb&jVbba& authorized capacity( , and that by hisbbeFJtbedx signatureW on the instrument the person(&), D A.BRUPNINGJa or the entity upon behalf of which the 4&MV Not�# CoN— forma person(&) acted, executed the instrument. ORANGE COUNN Comm.Ex9*63 JUL 18.1997 WITNESS my hand and official seal. SIGNATURE O NOTA OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bid #015461 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL One ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 5/19/94 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Arreri clan National Surety SIGNER(S) OTHER THAN NAMED ABOVE A4SU�.rif'P C'.nmt�any 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 on O.: (1154ti1 POWER OF ATTORNEY Know all men by these Presents, the American National Surety Assurance Company, having its principal office in the city of Irvine, County of Orange, State of California, does hereby make, constitute and appoint Brian Scott Gerhard true and lawful Attorney-in-Fact to make, execute, sign, seal and deliver for and on its behalf as surety and as its act and deed(without power of redelegation)any and all bonds and undertakings and other writings obligatory in the nature thereof(except bonds guaranteeing the payment of principal and interest of notes, mortgage bonds and mortgages) provided the amount of no one bond or undertaking exceeds Eight Million Five Hundred Thousand Dollars ($8,500,000.00). The execution of such bonds and undertakings shall be as binding upon said American National Surety Assurance Company, as fully and to all intents and purposes as if the same had been duly executed and acknowledged by its regularly elected officers and its Principal Office Irvine, California. This Power of Attorney is granted under and by authority of the following resolution adopted by the Directors of the American National Surety Assurance Company on the 3rd day of June, 1993. "Resolved, that the President or any Vice-President, in conjunction with the Secretary or any Assistant Secretary, be and they are hereby authorized and empowered to appoint Attorney-in-Fact of the Company, in its name and as its acts to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizes,contracts of indemnity and all other writing obligatory in the nature thereof,with power to attach thereto the seal of the Company. Any such writing so executed by such Attomey-in-Fact shall be binding upon the company as if they had been duly acknowledged by the regularly elected Officers of the Company in their own proper persons. Now Therefore,the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney by a facsimile,and any such Power of Attorney bearing such facsimile signatures or seal shall be valid and binding upon the Company." In Witness Whereof,the American National Surety Assurance Company has caused these presents to be signed by its Authorized Officers,this 19th day of May 19 94 AMERICAN NATIONAL SURETY ASSURANCE COMPANY S�aerv04 0 Secretary 1993 fesident STATE OF CALFORNIA COUNTY OF ORANGE SS: 1, William Anderson Assistant Secretary of the American National Surety Assurance Company do hereby certify that the foregoing is a true and correct copy of a Power of Attorney,executed by said American National Surety Assurance Company which is still in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the Seal of the said Company at Irvine,California this 19th day of May 1994 Assistant Secretary • SAFECO INSURANCE COMPANY OF AMERICA GENW&INSURANCE COMPANY OF AMERICA yy�� FIRSTIONAL INSURANCE COMPANY OF AMERICA SAFECO ONHOME FFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 623057 BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310. KNOW ALL BY THESE PRESENTS, That we, STE I NY AND COMPANY, I NC. as Principal, hereinafter called the Principal, and SAFECO INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNT I NGTON BEACH as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT ( 10%) OF THE AMOUNT OF THE B I D Dollars (S 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has submitted a bid for STREET LIGHTING (CC904) CALIFORNIA & HUNT I NGTON STREETS , BID DATE : MAY 19, 1994 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 3RD day of MAY , 19 94 STE I NY AND COMPANY, INC. (Seal) ( Principal Witness j ` Title SAFECO INSURANCE COMPANY OF AMERICA Witness By !' JEA I LLCOX Attorney-in-Fact Q Registered trademark of SAFECO Corporation. •541EP 2193 • PRINTED IN U.S.A. • ' SAFECO INSURANCE COMPANY OF AMERICA POWER +� GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE:SAFECO PLAZA SAFECO0 SEATTLE.WASHINGTON 98185 No. 5868 KNOW ALL BY THESE PRESENTS: 1 hat SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation. does each hereby appoint NNNNNNNNNNNNNNNNNNNNNNNJEAN WILLCOX. Los Angeles-, Cal lfornlaNNNNNNNNNNNNNNNNNNMMMYNNNNNNNNN_NMNN its true and lawful attorneys)-in-fact. with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business. and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 4 t h day. of January , 19 93 CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary. and airy Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall -each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . . . On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal. or a facsimile thereof. may be impressed or affixed or in any other manner reproduced: provided. however. that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V. Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment. executed pursuant thereto. and (iii) Certifying that said power-of-attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof." I, R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto. are true and correct. and that both the By-Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 3 day of May 19 94 . �. 1 7 -, S-974/EP 1/93 ''cI "� Registered trademark of SAFECO Corporation. jY SECTION C PROPOSAL for the CONSTRUCTION OF STREET LIGHTS at CALIFORNIA AND HUNTINGTON STREETS CASH CONTRACT No. 904 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to fumish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of,the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 consecutive days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all C-1 bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the pro- ceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanyingosal of bid finds ��� ✓. this proposal p , in the amount of$ �Z���%' .. which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: ............... .......... _ ....... AWenda llo. Date Received Brdder`s 55gnature &AIJ C-2 . • Bidder's Name PROJECT BID SCHEDULE .... ....... __ _ ____ ....... . ... ....... _ _ ......... ....... _ _ ......... ............ ... ...... _ _. Item:. Eshniated: ......item with unit price Unit Pnce Extended Amount No tten uanti wri m words �.... t3' 1, 2 Install City Supplied Meyers Electrical Service Each Pedestal per the City of Huntington Beach Standard Plan No. 402 @ Dollars Cents {Per Unit} 2. 33 Install City Supplied Street Light Poles and Each Luminaire Arms Oro @ Dollars $ 1549, $ Cents {Per Unit} 3. 33 Install City Supplied 70W H.P.S.V. Luminaires Each @ Dollars u'a Cents $ {Per Unit} 4. 2 Install City Supplied Lighting Contactors Each @ Dollars Cents {Per Unit} 5. 10 Furnish and Install No. 3 1/2 Pullboxes Each @ Dollars �o Cents $ ��. $ /Za 0 {Per Unit} 6. 24 Furnish and Install No. 5 Pullboxes Each (a� Dollars yy o o Cents $ 1 q o, $ '3 3�aD {Per Unit} C-I s Bidder's Name 7. 4900 Furnish and Install 1 1/2" PVC Conduit LF Dollars co Cents $ $ '39 000 {Per Unit} g, 1 Furnish and Install all Necessary Wire Lump Sum Dollars Cents $ $ /3 �-D" Per Unit} 9. 33 Furnish and Install Street Light Pole Each Foundations A Dollars $' Q .,p �� U* $ ��,��• Cents Per Unit} 10 36 Remove Existing Poles and Foundations Each @ Dollars 00 Cents $ 360- $ m f 0900 {Per Unit} 11. 40 Replace Curb and/or Gutter per the City of LF Huntington Beach Standard Plans 201 and 202 00 fro @ Dollars $ $ /D�'D• Cents {Per Unit} TOTAL AMOUNT BID IN FIGURES: $ Ty TOTAL AMOUNT BID IN WORDS: z C-2s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. 1°©mon 1anre of Subcontractor and Address State I,tcense Class of Work Number By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the ' above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 •, s NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. nty of Orange_ uuaki t (, - �'� inn f , being first my sworn, deposes and says that he or ske is of �I r� t% 'the party marking the foregoing bid that the bid is not made in the interest of, o on the'bAialf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to°'fix"the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder Address of BidderVV Subscribed and sworn to before me this day of , 19_ . NOTARY PUBLIC NOTARY SEAL C4 STATE OF CALIFORNIA • SS. • F COUNTY OF San T.ni s nhi Gnn E�• ? 2 On before me, N u ie asquez personally appeared A d Daniel Feilmeier personally known to me (or 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 mow° JULIE A VASQUEZ that he/she/they executed the same in his/her/their authorized ¢ COMM. #1001648 � c_ capacity(ies), and that by his/her/their signature NOTARY PUBLIC-CALIFORNIAs) on the SAN LUIS OBISPO COUNTY ~' instrument the person(s),or the entity upon behalf of which the , R My Comm.Expires Aug. 19,1997 + person(s) acted,executed the instrument. a WITNESS my hand and official seal. o Signature (Seal) UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as CONSTRUCTION OF STREET LIGHTS AT CALIFORNIA AND HUNTINGTON STREETS, (l)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved;;" The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal-OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Contractor By Title Date: Al,6 l �` y i C-5 • DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the space provided. NOTE:This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor By ++ Title Date: l ' L C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-8004224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Co tractor By &- Title Date: ' l F Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name L CT ! ?--> All �, C Business Address V�) Telephone Number 0( 2 ` - 15 State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by, iC,? of our office on l /, 192 The following are persons, firms, and corporations having a principal interest in this proposal: C-9 1 The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. U-& Co y Nam y� Si nature of Bidd ll A -ee"T Printed or Typed Signature Ad e s of Bidder ,> m& -g q , q `7 ( ) Telephone Number Subscribed and sworn to before me this day of , 19_ . J NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 9 co lu", � r2i�r� Name and Address Name and Telephone No. of Project anger: ( l`aj �2 06-e Contract Amount T e of Work Date Completed Names and. �L'1 `1�1 Name and Telephone No. of Project Manager: ( ) Contract Amount Type of Work Date Completed Name and A dro ss C- (o (P l � Ll . Name and Telepho e No. of reject Manger: ( ) Contract Amount Type of ork Date Completed ' C-10 -o 0 STATE OF CALIFORNIA SS. • F COUNTY OF San Luis Obispo FOn May 2 0,19 9 4 before me, 00'2 Julie A Vasqu„zpersonallyappeared Daniel Feilmeie*- personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are Opp K JULIE A VASQUEZ subscribed to the within instrument and acknowledged to me L; y COMM. #1001648 that he/she/they executed the same in his/her/their authorized ; NOTARY PUBLIC-CALIFORNIA capacity(ies), and that by his/her/their signature(s) on the ~ , SAN LUIS OBISPO COUNTY instrument the person(s),or the entity upon behalf of which the 4 �F a` "My Comm.Expires Aug.19, 1997 t person(s) acted, executed the instrument. WITNESS my hand and official seal. a N • VI � N Signature CtC (Seal) CITY OF HUNTINGTON BEACH 3 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 Louis F. Sandoval Public Works Department Director (714) 536-5431 STRUB"I"LIGHT PROA?CT AT CALIFORNIA AND HUNTINGTON STRFF,TS CC-904 ADDENDUM NUMBER 1 MAY 18, 1994 Notice to all Biddcrs: The following revisions/corrections slia.11 be included in the bid documents: 1. Project Speei lications, Cover Sheet and on sheet A-1 -the bid opening date scheduled for May 19, 1994 at 1:30 p.m. has been roscheduled to May 23, 1994 al 10:00 a.ni, 2. Project.Specifications, in the Tralrie Signal and Street Lighting Standard Spccia.l Provisions, Page 4, Section 86-2,05C Installation,the"Rock-Wheel"method for insia.11iug the conduit may be used. 3, project Specifications, in the Traffic Signal and Street Lighting Standard Special Provisions, Page 4, Section 86-2.05C Installation,the conduit shall be laid to a depth of 24 inclios, 4, Project Specifications, Section C - Proposal, Page (-2s - item number 7 shall be modified to read as, "Furnish and Install ) )/2" Schedule 80 PVC Conduit complete per attached detail which shall include trenching,one sack shirty backfill and asphalt. 5. Include the pavement replacement detail included with this addendum. All bidders shall acknowledge the receipt of this Addendum with their proposal. Should you have any questions regarding this Addendum,please call Terri Elliott at(114)536-5580, City of Hunling'ton Beach V, , A�A�-' "Perri A, Elliott, P.E. Project Engineer I have reviewed Addendum No. I dated May 18, 1994. I understand that a signed copy of Addendum No. I shall be included in the bid docutncnls. /yea�71�- 11 ��i/J '4 s,� _� " / hp Company Name ,//l �p `7 CT) -A7 CIL