The URL can be used to link to this page

Home My WebLink AboutCT&F, Inc - 1997-02-03�9 CITY OF HUNTINGTON BEACH INTER DEPARTMENT COMMUNICATION ✓ HUNTINGTON BEACH I TO THOSE LISTED HEREON FROM ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT 10% RETENTION PAYMENT CC 1O3S Z- T1, -4 V � -\, � &c . �r s DATE IQ " 9z '-c( 7 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�TILLELLA, Director of Finance I certify that no stop notices are on file on the subject)aTINs time Date (EKES JON EES- t c Works Director certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed Date P/i Gam✓ NNIE BROCKWAY, Clerk I certify that there are no outstanding invoices on file Date I FR ENRICH City Treasurer 0011042 01 07/18/96 10 46 AM fl 1 0 '0 & &4 -&V1 I have received Maintenance Bond No 86SB 100865626 BCM for C T & F Inc — Travelers Casualty and Surety Company of America Re CC 1035 — Traffic Signal Modifications at Goldenwest/Heil and Newland/Adams Dated By 1�' T M *AINTENANCE BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford Connecticut 06183 BOND NO 86SB 100865626 BCM KNOW ALL MEN BY THESE PRESENTS That C T & F , Inc as Principal hereinafter called Contractor and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, as Surety, hereinafter called Surety are held and firmly bound unto CIty of Huntington Beach as Obligee hereinafter called Owner In the penal sum of $ 77,955 00 for the payment whereof Contractor and Surety bind themselves their heirs executors administrators successors and assigns jointly and severally firmly by these presents WHEREAS Contractor has by written agreement dated February 3, 1997 entered into a contract with Owner for Traffic Signal Modifications at Goldenwest / Heil and Newland / Adams In accordance with the General Conditions the Drawings and Specifications which contract Is by reference incorporated herein and made a part hereof and Is referred to as the Contract NOW THEREFORE the condition of this obligation is such that if Contractor shall remedy any defects due to faulty matenals or workmanship which shall appear within a period of ONE year(s) from the date of substantial completion of the work provided for in the Contract then this obligation to be void otherwise to remain In full force and effect PROVIDED HOWEVER that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness SIGNED and sealed this IN THE PRESENCE OF % VZ S 2326 1 (07 97) 7th day of January By — Ken , 1999 (Seal) Principal Title AND SURETY COMPANY OF AMERICA h A CoatL` Attomey in Fact ALL-PURPOSE ACKNOWLEDGMENT State of California County of Rrvelside ) On_ ✓aauary7, /999 before me, Nata/ra L Martinez, NofaiyPub/rc Name and Title of Officer e g Jane Doe Notary Public personally appeared KennethA Coate, Afto�neyrnFact , Name(s) of Document Signer(s) (x)personally known to me -OR- ( )proved to me on the basis of satisfactory evidence to be the person(&) whose name(&) is4e subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/4e4thE4 authorized capacity(+&&), and that by hislherithel signature(&) on the instrument the person(&), or the entity upon behalf of which the person(&) acted, executed the instrument WITNESS my hand and official seal Signature of Notary NATALIA L TINEZ COMM #i 152902 tv NOTARY P ql qi FORNIA RIVERG 3, 1 iTymy COMM E>r CA 2001 (Affix seal in the above blank space) TITLE OR TYPE OF DOCUMENT $77 955 00 MAINTENANCE BOND �e • CALIFORNIA ALL-PURPC& ACKNOWLEDGMENT � State of �� / l << County of � a s '4 r 1 /s �T On / /1- Z' ' before me 14 i7 Date / Name an Rile of Ofh6er (e g Jane Notary Public ) personally appeared /", . !� �� Name(s) of Signers) ,<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 that he/she/they executed the same in his/her/their authorized capacity(ies) and that by _ _ his/her/their signature(s) on the Instrument the person(s) fyiplTHo A �'%f or the entity upon behalf of which the person(s) acted co ^ ' i Z executed the instrument W� carms o'-y Fr - � 'CTtC 5 r,'Ic L -1 E ism WITNESS my hand and official seal Signature of Notary Public OPTIONAL Though the information below /s not required by law It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signers Name ■ Individual Corporate Officer Title(s) Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing RIGHT THUMBPRINT OF SIGNER .p of thumb here Signers Name Ims Number of Pages Individual Corporate Officer Title(s) Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing 0 1994 National Notary Associat on 8236 Remmet Ave P 0 Box 7184 Canoga Park CA 91309-7184 Prod No 5907 Reorder Call Toll Free 1.800-876-6827 r TRAY* CASUALTY AND SURETY COMPANY OMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford ConnLCtlCUt 06183 9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS Napenille illiniu 60563 8.158 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN FACT KNOW ALL PERSONS BY THESE PRESENTS THAT TRAVELERS CASUALTY AND SURETY COMPANY OF ANIEiUCA TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations dul% organized under the laws of the State of Connecticut and having their principal offices in the City of Hartford coiin7 of Hartford State of Connecticut and TRAVELERS CASUALTY XND SURETY COMPANY OF ILLINOIS z corporation dulN organized under the laws of the State of Illinois and having its principal office in the City of Naperville Counh of DuPage State of Illinois (hereinafter the Companies ) hath made constituted and appointed and do b� these presents make constitute and appoint Kenneth A Coate or Marl. N Gladding * * of Rnerside, CA their true and lawful Attorney(s) in Fact with full power and authority hereby conferred to sign execute -ind acknowledge at anv place within the United States or if the following line be filled in within the area there designated the following instrument(s) by lusher sole signature and act any and all bonds recognizances contracts of indemnity and other writings obligatory in the nature of a bond recognizance or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in Fact, pursuant to the authority herein given, are hereby ratified and confirmed This appointment is made under and by authority of the following Standing Resolutions of said Companies wtuch Resolutions are now in full force and effect VOTED That the Chairman the President any Vice Chairman any Executive Vice President any Seruor Vice President any Vice President any Second Vice President the Treasurer any Assistant Treasurer the Corporate Secretary or any Assistant Secretary may appoint Attorneys in Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company s name and seal with the Company s seal bonds recognizances contracts of indemnity and other %vntrn-s obligatory in the nature of a bond recognizance or conditional undertaking and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given hun or her VOTED That the Chairman the President any Vice Chairman any Executive Vice President any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company provided that each such delegation is m writing and a copy thereof is filed in the office of the Secretary VOTED That any bond recognizance contract of indemnity or wntmg obligatory in the nature of a bond recogiuzance or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President any Vice Chairman any Executive Vice President any Senior Vice President or any Vice President any Second Vice President the Treasurer any Assistant Treasurer the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company s seal by a Secretary or Assistant Secretary or (b) duly executed (under seal if required) by one or more Attorneys in Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect VOTED That the signature of each of the following officers President any Executive Vice President any Senior Vice President any Vice President any Assistant Vice President any Secretary any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents Resident Assistant Secretaries or Attorneys in Fact for purposes only of executing and attesting bonds and undertalmgs and other writings obligatory in the nature thereof and any such power of attorney or certificate bearing such facsimile signature or facsinule seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached (s 97) 7228 SCOUT AVE • BELL GARDENS CA 90201 • Cit-, of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach CA 92648 • ELECTRICAL CONTRACTORS PHONE (562) 927 2339 • FAX (562) 927 3338 Subject Certification of Compliance pith Title VII of the Ciytl Rights Act and Equal Employment Opportunity Act of 1972 a Gentlemen The undersigned contractor on C' 0 10f rGoLDek.AW2&T--H4E1L 4KiD Project No Title �E �Nn pnC— utS hereby certifies that all laborers mechanics apprentices trainees -'tatchmen and guards emploNed bti him or by anv subcontractor performing \N ork under the contract on the project ha. e been paid \N ages at rates not less than those required b} the contract provisions and that the ,M ork performed bN each such laborer mechanic apprentice or trainee confornled to the classifications set forth in the contract or trairung program pro,, isions applicable to the v, age rate paid vP hature and g c ashcon 1 • DECLARATION OF SATISFACTION OF CLAIMS I 1 C� ►� �� .rS state I am the general contractor for the City of Huntington Beach as to the project more full) described in the public NNorks contract entitled I2�}Fi=tL�tC��1 MO�'k�L+�,�OnSS �'C�OI��►wC Y�r k- -k L- Atkb N� t�N D Off- 01>(A �S Fliand dated �3Zvr�Zy 3 l�t�i CCC 1W3 ) 2 All %\ orkers and persons emplo-, ed all firms suppIN ing materials and all subcontractors for the abo-, e mentioned project haN e been paid in full 3 The folloNN tng are either disputed claims or items in connection N\ith \'otices to Withhold Nihich ha-,e been filed under the provisions of the statutes of the State of California (if none state NONE ) I declare under penalt-, of perjury that the foregoing i�, true and correct Exec' u, t d at 1� �,Z.,��. S - on this _L��'` day of ignatur o f4eA fftor) g c caghcon2 s CALIFORNIA ALL-PURPM ACKNOWLEDGMENT • State of County of A/a J1 s On Ae/11 -?-,? before me ZZ,r u///S., /,,, ,(/o.a.-.//0u//, Date ,,�� Name and file of Officer (e— g�gne JDoe Notary Public ) personally appeared "'0. � /ors �, c Names) of Signer(s) ,Vpersonally 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 that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) AMAnHEIvA FoYDFN or the entity upon behalf of which the person(s) acted a COWM if� MAEA6 �® Plotcry Ptbffc — C,aliforMa executed the instrument LOS ANGEU ° COUNN N►vccmm Erprc aasP! 1999 WITNESS my hand and official seal Z Signature of Notary Public OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signers Name Individual Corporate Officer Title(s) Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing RIGHT THUMBPRINT OF SIGNER of thumb here Signer s Name t i Number of Pages Individual Corporate Officer Title(s) Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing RIGHT THUMBPRINT OF SIGNER .. of thumb here 0 1994 Nat anal Notary Associat on 8236 Remmet Ave P 0 Box 7184 Canoga Park CA 91309-7184 Prod No 5907 Reorder Call Toll Free 1 800 876 6827 a? !,01Y 7-D A WIZEN RECORDED MAIL TO CITY OF HUNTINGTON BEACH Office of the City Clerk P O Box 190 Huntington Beach CA 92648 clom�d � _ 6 CONFORMED COPY Nnt Compared with Original 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 aN%arded by the City Council of the City of Huntington Beach California to C T & F , Inc ho was the compan) thereon for doing the following -,Mork to wit Goldemiest Street @ Heil ANenue and NeNN land Street @ Adams ANenuc Traffic Signal ImproNements - CC 1035 That said �Nork «as completed September 15, 1997 by said company according to plans and specifications and to the satisfaction of the Cit} Engineer of the City of Huntington Beach and that said Mork was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, September 15, 1997 That upon said contract Aetna Casualty & Surety Company was surety for the bond giNen by the said company as required by laNN This document is soleIN for the official business of the Cit) of Huntington Beach as contemplated under GoN ernment Code Section 6103 and should be recorded free of charge Dated at Huntington Beach California this 18th day of September, 1997 k-e7Z- 7 -,L -- �� IZ-'�L-) I --- City Clerk and ex officio Clerk of the City Council of the Cit) of Huntington Beach California STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) I CONNIE BROCKWAY the dul) elected and qua'i ied City Clerk and c-, officio Clerk of c'ie City — Council of the Cit) 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 «as 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 20th day of June, 1997 City Clerk and ex officio Clerl: of the Cit) Council of the Cit) of Huntington Beach California g TolloNvvp\nscplgs Recorded in the County of Orange California Gary L Granville Clerk/Recorder No Fee G/folloNNvp/ccnoc 005 12028337 12 089970490009 12 01pm 10/02/91 N12 1 6 00 0 00 0 00 0 00 0 00 0 00 Council/Agency Meeting Held 9%is,/47 C00 ss Deferred/Continued to © Approved ❑ Conditionaloly9Ap roved ❑ Denied City Clerk'S Signature Council Meeting Date September 15 1997 Department ID Number PW 97-071 -o x CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION r d ilfC, SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY MICHAEL T UBERUAGA City Administrator-' PREPARED BY k LES M JONES II Director of Public Works �- SUBJECT Golden West Street @ Heil Avenue and Newland Street @ Adams Avenue Traffic Signal Improvements, CC-1035, Notice of Completion Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis E Statement of Issue C T & F Inc has completed its contract for the construction of the Golden West Street @ Heil Avenue and Newland Street @ Adams Avenue Traffic Signal Improvements CC-1035 Funding Source Sufficient Gas Tax Funds were authorized for this project Recommended Action Motion To Accept the improvements of the Golden West Street @ Heil Avenue and Newland Street @ Adams Avenue Traffic Signal Improvements CC-1035 at a final cost of $74 842 89 and authorize the City Clerk to file a Notice of Completion with the County Recorders Office Alternative Action(s) None E--5 REQUEST FOR COUNCIL ACTIA MEETING DATE September 15, 1997 DEPARTMENT ID NUMBER PW 97-071 Analysis On February 3 1997 Council awarded a contract to C T & F Inc in the amount of $77 955 The adopted contract budget also included $7 795 to cover anticipated change orders and $50 000 for Supplemental Expenses for a total of $135 750 to construct the Golden West Street @ Heil Avenue and Newland Street @ Adams Avenue Traffic Signal Improvements The improvements are now complete per the approved plans and specifications Therefore the Director of Public Works recommends acceptance of the project and requests that the Notice of Completion be filed by the City Clerk The following is a summary of the project costs Council Approved 1 Contract Amount $77 955 00 2 Change orders 7,79500 Subtotal $85 750 00 3 Supplemental Expenses 50,000 00 Total $135 750 00 Two change orders were issued for this project 1 Install six additional detector harnesses 2 Delays due to utility interferences Actual Expenditures $73 161 89 1,681 00 $74 842 89 34.761 12* $109 604 01 * This includes all materials furnished by the City such as signal poles service pedestal and signal indications for vehicles and pedestrians Environmental Status Not applicable Attachment(s) List attachment(s) below None Author Charlonne 0027313 01 2 09/03/97 8 21 AM 1* 0 ej , CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 18 1997 Gary Granville County Recorder P O Box 238 Santa Ana California 92702 Dear Sir Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk City of Huntington Beach P O Box 190 Huntington Beach California 92648 Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-addressed stamped envelope Sincerely yours Connie Brockway City Clerk CB/jc Enclosure Notice of Completion - C T & F Inc CC 1035 ccnocdltr\\CC 1035/CTF (Telephone 714 536 5227) «HEN RECORDED 'MAIL TO CITY OF HU-NTI\GTON BEACH Office of the Cit) Clerk P 0 Box 190 Huntington Beach CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN b) the Cit) of Huntington Beach oNNner in fee 2000 Main Street Huntington Beach CA 92648 that the contract heretofore a«arded bN the CitN Council of the Cit} of Huntington Beach California to C T & F , Inc , ��ho �' as the compam thereon for doing the fclloN�ing �Nerk to %Nit Goldemiest Street Oaa. Heil Aicnue and Ncii land Street Oa, Adams ANenue Traffic Signal ImproN ements CC 1035 That said «ork «as completed September 15, 1997 bN said company according to plans and -pecifications and to the satisfaction of the City Engineer of the Cit) of Huntington Beach and that said NNork „as accepted by the Cit) Council of the Cm of Huntington Beach at a regular meeting thereof held on il7ondaN, September 15, 1997 That upon said contract Aetna Casualty & Surety Company «as surety for the bond giN en 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 Go,, ernment Code Section 6103 and should be recorded free of charge Dated at Huntington Beach Califorma this 18th daN of September, 1997 Cit} Clerk and e• officio Clerk of the Cit} Council of the City of Huntington Beach California STATE OF CALIFORNIA ) County of Orange ) ss CitN of Huntington Beach ) I CONNqE BROCKWAY the duly elected and qualified Cit} Clerk and e\ officio Clerk of the Cit) Council of the Cit-, of Huntington Beach Cahforrua do hereb-, certif-, under penaltri of perjure that the E going \OTICE OF COMPLETION is true and correct and that said NOTICE OF CONIPLETION �t as duIN and regular]) ordered to be recorded in the Office of the Count-, Recorder of Orange County b) raid City Council Dated at Huntington Beach California this 20th daN of June 1997 Cm Cl�.rk and e\ officio Cler} of the CitN Council of the Cit-, of Huntington Beach California e follomip -1 plgs G followup ccnoc • CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND STREET LIGHTING N v 1 � f ND 1578 � Exp 6, .70 91 / *1 James D xlP� EICy `c No 20921 `* Exp 9 30 97 0 THE CITY OF HUNTINGTON BEACH 1995 EDITION Prepared Under the Supervision of b OT No 38580 UP 3 3)-R 7 OF CAL ,City Traffic Engineer, RC E 38580, R.T E 1578 Date Approved by R.IW9s Robert E Eichblatt, City Engineer, R.0 E 20921 Date (7) Page 2 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND STREET LIGHTING M THE CITY OF HUNTINGTON BEACH 1995 EDITION 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 anse 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 functiorung 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 #13180 Page 3 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition The phrase `Or approved equal shall mean City of Huntington Beach approved equal 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 tunes 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 1s caused by the Contractor's operations the Contractor shall at lus 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 86-2 01 Excavating and Backfilling The following shall be added to §86-2 01 #13180 Page 4 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition 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 Backfill m 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 Removiniz 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 per the see City of Huntington Beach Standard Plan No 217 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 Signal and street lighting pole bases to be removed shall be replaced with one (1) sack P C C slurry unless specified otherwise on the plans 86-2 03 Foundations The following shall be added to §86-2 03 The contractor shall construct the cabinet foundations as shown on State Standard Plan ES-413 for Type P cabinets and State Standard Plan ES-2E for Type III electrical service cabinets including furnishing and installing anchor bolts (except that foundation shall extend 18" above grade and not as shown on the standard plans) and shall install the cabinets on said foundation, unless shown otherivise on the plans A ground electrode (for radio interference suppression purposes only) shall be installed towards the front of the cabinet foundation and m the general vicinity of the cabinet door hinge This electrode shall not be connected to any electrical circuit grounding conductor 86-2 05 Conduit §86-2 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 #13180 Page 5 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition &86-2 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 1n all other areas, unless shown otherwise on the plans The sixteenth paragraph shall be amended to read The "Trenclung in Pavement Method" is disallowed 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 orjacking methods except in the following situations 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 unless otherwise approved in wntmg by the engineer #13180 � o Page 6 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition The twenty-seventh 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) 86-2 06 Pull Boxes 86-2 06A Materials The first paragraph shall be amended to read All new pull boxes shall be plastic except where noted otherwise on the plans All new pull box extensions shall be plastic except where noted otherwise on the plans All new pull box lids shall be plastic except where noted otherwise on the plans Pull box lid bolt -down hardware shall 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 or approved equal Pull Box Size Pull Box (Christy Concrete Products, Inc Catalog No) Pull Box LAd (Christy Concrete Products, Inc Catalog No ) 3 1 /2 FL9 FL9D 5 FL30 FL30D 6 FL36 FL36D TRAFFIC RATED PULL BOXES 3 1 /2 B 1017 B 1017-61 JH 5 B 1324 B 1324-61JH 6 B 1730 B 1730-51 JH 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 #13180 Page 7 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition 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 a shall be between 0 5-inch and one inch thick and shall be sloped toward the drain hole A layer w of roofing paper shall be placed between the grout and the crushed rock sump A one inch dram hole shall be provided in the center of the pull box through the grout and the roofing paper 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 Wliere 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 desci ibed above The following shall be added to §86-2 06C No new or existing pull box shall be located 1n or within l' of any wheelchair ramp 86-2 08 Conductors and Wiring The following shall be added to §86-2 08 Emergency velucle 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 foi individual bicycle push button conductors shall be solid blue 86-2 08D Signal Cable The following shall be added to §86-2 08D The insulation color for bicycle push button conductors shall be identical to the corresponding pedestrian push button color as specified for Twenty-eight (28) Conductor Cable 86-2 08E Signal Interconnect Cable The first sentence of the fii st paragraph shall be amended to read #13180 0 0 Page 8 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition Signal Interconnect Cable (SIC) shall consist of AWG No 20 (minimum) stranded, tinted 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 munmum of six feet of slack shall be provided at each controller cabinet and a mnumum of three (3) feet of slack shall be provided at each pull box 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 W!M 86-2 09B Installation The following shall be added to §86-2 09B Install from the cone oller cabinet one twenty-eight (28) signal conductor cable to each corner main pole terrrunal compartment The terminal compartment shall be mounted on the back side of the main pole x% it ten (10) foot clearance From each main pole terminal compartment one twelve (12) and one three (3) conductor cable shall be installed to each of the Type 1-A poles 86-2 09C Connectors and Terminals The following shall be added to §86-2 09C Compression -type ternunals (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) conductor,, shall be made in the base of the standard or adjacent pull box Splices in intersection safety lighting conductors shall be made in the terminal compartment #13180 Page 9 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition Splices in street lighting conductors shall conform to §86-2 09E and Standard Plan ES-13 Splices shall be instil-ited by Method B for Hand-crafted Insulation 86-2 10 Bonding and Groundin; 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 86-2 11 Service The following shall be added to §86-2 11 Traffic signal sern ice equipment enclosures shall be f irrished with the following unless shown otherwise on the pl ins 1 50 amp bteaker for traffic signals (120V metered) 2 30 amp bi eaker for safety lighting (120V unmetered) 3 20 amp bi eaker for internally illuminated street name sign (120V metered) 4 Safety lightnig contactor and test switch The eighth paragraph shall bL amended to read Service equipment enclosures shall be fabricated from steel or stainless steel and conform to the requirements of �86 3 07A, "Cabinet Construction" Service equipment enclosures shall be provided with a baled 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 402 unless shown otherwise on the plans Standard traffic signal installations will utilize the service pedestal for traffic signals as shown in City of Huntington Beach Standard Plan No 402 unless shown otherwise on the plans The eleventh paragraph -drill be amended to read For privately funded projects 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 #13180 Page 10 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition The twelfth paragraph shall be amended to read All costs of all electrical energy utilized until the successful completion of the functional testing penod(s) for nexa street lighting and/or traffic signal systems shall be the contractor's responsibility Upon the successful completion of the functional testing penod(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 86-2 14 Testing 86-2 14A Materials TestinL The following shall be added to §86-2 14A For city funded of 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 nece,sary 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 foi privately funded projects as required by the Engineer The second sentence of the tit,t 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, i c,ponsibility The fourth paragraph shall be amended to read The contractor sliall 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 foi failure to comply with these specifications the contractor shall allow 30 days for subsequent i etesting 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 iesponsibility 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 prcl, up or delivery of any materials or equipment unless noted otherwise on the plans or in these specifications #13180 • • 86-2 14C Functional TestM -The first sentence of the fifth paragraph shall be amended to read Page 11 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition The city shall be responsible for the costs of electrical energy for testing of modified, city - owned street lighting and traffic signal systems The following shall be added to §86-2 14C The Contractor shall at his own expense arrange to have a signal technician, quahfied to work on the controller assembly and employed by the controller assembly manufacturer or his representative pi esent at the time the equipment is turned on, unless the controller cabinet is supplied by the City 86-3 Controller Assemblies 86-3 01 Controller Assembly The following shall be added to §86-3 01 Contractor shall fur nr,li the following items as a complete package Caltrans N lodel 170E Micro Processor Intersection Controller Unit Assembly, supplied with a Sei ill Extender Board and two each 1200/2400 Baud Modems (GDI Model 404 or apl)i o% ed 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 Caltran, Nlodel 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 ,ei ial 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 Lr,t shall be allowed to provide the controller assembly, serial extender board and modem modules The current Caltrans Qualified Products List shall be provided prior to contioller unit assembly acceptance. 2 Antares I nc, 170 to NEMA Adaptor Model 1000000A (latest version) complete with D connector wired complete to all pins one each per Model 170E controller assembly supplied #13180 Page 12 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition 86-3 05 Controller AssembIN Testin, 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 testmg in its final location 86-3 07 Controller Cabinets The following shall be added to ti86-3 07 Contractor shall iui nish a Type P cabinet with vehicle detector connecting cables conflict monitor and all il)l)ui-tenant equipment (including load switches and detector amplifiers) necessary to opei ate as intended per the plans The preferred manufacturers are Synchronex, Inc, Intersection De% elopment Corporation (IDC) or Computer Service Company 86-3 07A Cabinet Consti action The following shall be added to ti86-3 07A " Cabinet shall be aluminum and painted white A steel or aluminum load switch bay shall be provided 86-3 07B Cabinet Ventilation The first paragraph of §86 , 07B shall be amended to read Rain tight screened %ent 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 86-3 07C Cabinet Winn( - 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 ' D" connector (Amp Connector No 205842-1) furrushed with all pins and configured a,, shown (Traconex 390) #13180 Page 13 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition CONN PIN 1/0 FUNCTION TERM 19 1 SYSTEM ENABLE 141B 20 1 DIMMING ENABLE 148A 37 1 FLASH STATUS 150A 49 I EMERGENCY PREEMPT 1 135B 50 I EMERGENCY PREEMPT 2 136B 54 I LOGIC GND 141 A 55 I EMERGENCY PREEMPT 3 137B 56 I EMERGENCY PREEMPT 4 138B 5S I CONFLICT STATUS 150B 60 I FLASH COMMAND 149A 6; I CHASSIS GND 147A 86-3 07D Cabinet Acces,oi ies The following shall be added to §86-3 07D Labels on detector,, and detector cables shall correlate controller phase designations with phase designations shoe n on the plans Cabinet shall be fiimi,hed with a Detector Systems, Inc Model DS-217 or 3M Model No M560 two position EVP equipment mounting rack, provided in the "flanges in" configuration 86-3 08 Auxiliary Equipmcnt 86-3 08B(1) Emergency Vcliicle Pre-emption Equipment The following shall be added to §86-3 08B(1) The Contractor shall furrush and install optical detectors and detector cable, and shall make all wiring connections and aim detectors as specified by the manufacturer Optical detectors shvill be 3M Model No 511 521 or 522 as shown on the plans Discriminator modules shall be 3M Model No 562 Optical detector sip nal cable shall be 3M Model No M-138, or approved equal E 911.71V 1 O Page 14 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition 86-3 08C Monitonng Device The following shall be added to §86-3 08C Conflict monitor shall be Eberle Designs Inc Model SSM-12LEPR 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 Simal Heads 86-4 01 Vehicle Smnal 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 fastener,, (except for signal door latches) 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 Maintenance Engineering or approved equal 86-4 O1B S1anal Sections The following shall be added to §86-4 O1B All indications shall be 12 inch 86-4 05 Pedestrian Signals The following shall be added to §86-4 05 #13180 Page 15 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition Pedestrian signals shall be McCain Traffic Supply Model PS303S or approved equal, with clamshell mounting and Z-crate type screen The pedestrian signals shall be provided with tamper -resistant fasteners All pedestrian signal housings shall be polycarbonate All pedestrian signal screens shall be plastic All exposed fasteners shall have an anti -seize compound (No -Lox or approved equal) applied before installation 864 06 Signal Mounting, As�eniblies The following shall be added to §86-4 06 All exposed fastener s shall have an anti -seize compound (No -Lox or approved equal) applied before installation The fourth sentence of the fii st paragraph is amended to read Post top slip-fittei s 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 ami)lifiers shall be single channel Amphfiers shall be Detector Systems Inc, Model Number 913B or Eberle Model Number LM301T unless shown otherwise on the plans 86-5 OIA(4) Construction Materials The following shall be added to §86-5 OlA(4) Loop wire shall be TN pe 2 Loop detector lead in cable shall be Type C unless specified otherwise on the plans When 4- #18 loop detector le -id in cable is specified on the plans the loop detector lead-in cable shall be Canoga Controls Coi poration 30003 polyethylene jacketed cable, with water blocking per Type B loop detectoi lead-in cable #13180 Page 16 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition 86-5 OIA5) Installation Details The following shall be added to §86-5 OIA(5) Unless shown othenvise 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-mch 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 Hand-crafted Insulation for Detector Circuits Heat - shrink tubing is disallowed 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 have polycarbonate push button cover 86-6 01 Luminai 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 Sens The fifth paragraph shall be amended to read Signs shall be Type A #13180 • LJ §86-6 065 the following shall be added Page 17 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition A solid box superimposed upon the traffic signal mast arm symbol on the plans shall indicate that a complete Internally Illuminated Street Name Sign or Non-Illummated Street Name Sign assembly shall be installed on that mastarm as shown on the pole and equipment schedule The sign mounting hardware and location details shall be as shown in the City of Huntington Beach Standard Plan No 404 The following specifications define requirements for Non-Illumlated Mast Arm Street Name Signs Sign Message Street Name Suffices shall not be used Letter size (8 upper case, 6' lower case and 3 block numbers) 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 Sian 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 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-tnmmed or roll -slit edges with workman -like quality The corners of the sign panel shall be 3-inch radius Five 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 404, 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 404 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 NylockTM nylon locking nuts Two types of sign facing materials and application methods are acceptable Method A White ASTM D 4956 90 Type IV(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 #13180 0 (7) Page 18 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition Highway Blue The translucent film shall be 3M Translucent Film or City - approved equal Method B Federal Highway Blue ASTM D 4956-90, Type IV(or City -approved equal) prismatic sheeting shall be applied to the entire sign panel face The sign message and border shall consist of White ASTM D 4956-90, Type IV (or City -approved equal) prismatic sheeting applied to the Federal Highway Blue background 86-9 Street I-whting, 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 s} stems shall be constructed utilizing the previous special provisions and the following material and construction specifications Non-artenal Streets Non-artenal 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 ICI-17F6 (or approved equal) When the plans specify 70 Watt High Pressure Sodium Vapor (IPS) 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) 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-H-1-G-MC3-1 (Multi -tap ballast) General Electric Catalog No M2AC-15-S-7-H-1-G-MC3-1 (120/240 VAC ballast) These catalog numbers specify a lurninaire with IES Type III distribution, full lighting cut-off power door ballast assembly 120/240 VAC or multi -tap lighting ballast and bulb Page 19 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition 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 I C 1-28F6 (or approved equal) When the plans specify 250 Watt High Pressure Sodium Vapor (BPS) Luminaires, one of the following luminaires types shall be installed General Electric Catalog No M4AC-25-S-1-A-1-G-MC3-1-F (For Signals Only) General Electric Catalog No M4AC-25-S-0-N-1-G-MC3-1 (Multi -tap ballast) When the plans specify 400 Watt High Pressure Sodium Vapor (HPS) Luminaires one of the following luminaii es types shall be installed General Electric Catalog No M4AC-40-S-1-A-1-G-MC3-1-F (For Signals Only) General Electric Catalog No M4AC-40-S-0-N-1-G-MC3-1 (Multi -tap ballast) 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 The contractor shall install a number 3 pull box adjacent to the new street light pole base with one 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 shall have a fuse installed per the manufacturer's specifications Street lightmg 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 1-0-2248 or Ameron 1-C3- 224813 street fight poles (as shown on the plans) Lummaires shall be 250 Watt HPS or 400 Watt BPS 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 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 #13180 • Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TRAFFIC SIGNAL MODIFICATIONS AT GOLDENWEST AT HEIL AND NEWLAND AT ADAMS (CC 1035) 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 COMMENCEMENT OF PROJECT 3 5 TIME OF THE ESSENCE 4 6 CHANGES 4 7 NOTICE TO PROCEED 5 8 BONDS 5 9 WARRANTIES 5 10 INDEPENDENT CONTRACTOR 6 11 LIQUIDATED DAMAGES/DELAYS 6 12 DIFFERING SITE CONDITIONS 7 13 VARIATIONS IN ESTIMATED QUANTITIES 8 14 PROGRESS PAYMENTS 9 15 WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES 9 16 AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17 WAIVER OF CLAIMS 10 18 INDEMNIFICATION DEFENSE HOLD HARMLESS 10 19 WORKERS COMPENSATION INSURANCE 11 20 INSURANCE 11 21 CERTIFICATES OF INSURANCE ADDITIONAL INSURED 12 22 DEFAULT & TERMINATION 13 23 DISPOSITION OF PLANS ESTIMATES AND OTHER 13 24 NON -ASSIGNABILITY 13 25 CITY EMPLOYEES AND OFFICIALS 13 26 STOP NOTICES 14 27 NOTICES 14 28 CAPTIONS 14 29 IMMIGRATION 14 30 LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31 ENTIRETY 16 3/k/heil7/17/96 -Rz2 a- • • Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TRAFFIC SIGNAL MODIFICATIONS AT GOLDENWEST AT HEIL AND NEWLAND AT ADAMS (CC 1035) THIS AGREEMENT made and entered into this day of 19 by and between the City of Huntington Beach a municipal corporation of the State of California hereinafter referred to as CITY" and a California corporation hereinafter referred to as "CONTRACTOR" WHEREAS CITY has solicited bids for a public works project hereinafter referred to as "PROJECT more fully described as traffic signal modification at Goldenwest at Heil and Newland at Adams in the City of Huntington Beach and CONTRACTOR has been selected to perform said services 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 plans 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 connection 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 expressly stipulated to be borne by CITY and for well and faithfully completing the work within the stipulated time and in the manner 1 SAMPLE 3/k/heiV7/17/96 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 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 CITY s standard Plans and Specifications and special contractual provisions including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY and any revisions amendments or addenda thereto D The 1995 edition of Standard Specifications for Public Works Construction published by Builders News Inc 3055 Overland Avenue Los Angeles CA 90034 and all amendments thereto written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee 2 3/k/hed/7/17/96 • • E Bid documents including the Notice Inviting Bids the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit A") F 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 in 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 to completion within sixty (60) consecutive calendar days from the day the Notice to Proceed is issued by DPW excluding delays provided for in this Agreement 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 3 3/k/heiU7/17/96 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 provisions 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 vanous 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 of 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 CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW 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 pacing 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 4 3/k/hed/7/17/96 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 will be available on the date the Notice to Proceed is issued In 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 of the contract price to guarantee the CONTRACTOR's faithful performance of the work one in the amount of one hundred percent 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 of the contract price to guarantee payment of all claims for labor and materials furnished 9 WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including but not limited to any workmanship 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 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 and employee of CITY CONTRACTOR shall secure at its expense and be responsible for any and all payment of all taxes social security state disability insurance compensation unemployment compensation 5 3/k/heiV7/17/96 • and other payroll deductions for CONTRACTOR and its officers agents and employees and all business licenses if any in connection with the PROJECT 11 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 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 ($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 herein which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason 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 or 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 6 3/k/heiV7/17/96 • • 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 to 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 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 claims 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 12 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 do 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 7 3/k/heiU7/17/96 (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 13 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 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 facts 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 14 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 payments of each month up to one hundred percent 8 3/k/hed/7/17/96 • • (%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 has been performed in accordance with the terms of the Agreement and that the amount stated int certificate is due under the terms of the Agreement Partial payments on the contract price shall not be considered as a acceptance of any part of the work 15 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 16 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 PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material except certain items 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 17 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 9 3/k/heil 7/17/96 • • 18 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 ansing directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR including those ansing from the passive concurrent negligence of CITY but save and except those which anse 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 19 WORKERS COMPENSATION INSURANCE Pursuant to CaUdmia 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 10 3/k/hed/7/17/96 20 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 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 21 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 11 3/k/hed/7/17/96 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 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 22 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 23 DISPOSITION OF PLANS, 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 12 3/k/heiV7/17/96 • C1 24 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 25 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 CaUdmia Govemment Code sections 1090 et seq 26 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 materials 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 27 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 28 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 modify amplify or aid in the interpretation construction or meaning of the provisions of this Agreement 13 3/k/heiU7/17/96 29 IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall in particular comply with the provisions of U S C Section 1324a regarding employment verification 30 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 services expenses incurred by CONTRACTOR 31 ATTORNEYS FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof each party shall bear its own attorney s fees REST OF PAGE NOT USED 14 3/k/heiV7/17/96 32 ENTIRETY The foregoing and Exhibit "A" attached hereto set forth the entire Agreement between the parties IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by and through their authorized offices the day month and year first above written CONTRACTOR By print name ITS (circle one) Chairman/PresidenWice President AND By print name ITS (circle one) Secretary/Chief Financial Officer/Asst Secretary Treasurer REVIEWED AND APPROVED CITY OF HUNTINGTON BEACH A municipal corporation of the State of California Mayor ATTEST City Clerk APPROVED AS TO FORM City Attorney /�� INITIATED AND APPROVED City Administrator Director of Public Works S� p/ C 6�j 1 i 15 SAMPLI 3/k/heiV7/17/96 � 1 • ATTACHMENT 3 REQUEST FOR COUNCIL ACAN MEETING DATE November 4, 1996 DEPARTMENT ID NUMBER PW 96-047 Analysis These two traffic signal modifications are second and third on the current council -approved Traffic Signal Installation and Modification Priority List The first priority the signalization of the intersection of Florida Street at Garfield Avenue (Cash Contract No 1025) is currently in progress The proposed work includes 1 Modify the existing traffic signal at the intersection of Golden West Street at Heil Avenue to provide protected left turns from Golden West Street onto Heil Avenue The construction cost estimate of this modification is $50 000 2 Modify the existing traffic signal at the intersection of Newland Street at Adams Avenue to provide protected left turns from Adams Avenue onto Newland Street The construction cost estimate of this modification is $60 000 Staff will purchase the traffic signal poles and other signal appurtenances prior to the award of the contract because the delivery time is approximately 12 - 16 weeks from when the signal poles are ordered Advance purchase of the poles will shorten the time required to complete the project by approximately four months Environmental Status This project is categorically exempt pursuant to the California Environmental Quality Act Section 15301(c) Attachment(s) 1 Project Location Map 2 Sample Contract 3 Special Provisions MTU/LMJ/REE/JDO/ta dt/ TAE 199100 0019910 01 -3 10/23/96 1 57 PM s q-P0 �F P 00 BOLSA AVE PROJECT N N LOCATION Mc FADDEN AVE ,EDINGER N AVE Y Z U ¢ w ¢ (A 0 OHEIL U Q 0 Q AVE m (if z Q of " ZQ of 0 = 0 m 0 w Q i N d WARNER N �''I AVE SLATER w AVE v w 405 "RT z m o AVE A 9�j% PACIFIC PROJECT ELoLIS AVE LOCATION o af �� c 3 GARFIELD J AVE r- f/l F- tN (N F- cn CO�� YORKTOWN VE ADAMS AVE F— N ,A'�� tK INDIANAPOLIS AVE Y a 0 0 0 ATLANTA < z = AVE m = U w 0N w z 2 HAMILTON m AVE OCEAN m tilyy BANNING Dote Traffic Signal Location Map for CC-1035 102jj MIC GOLDENWEST ST @ HEIL AVE AND NEWLAND ST C ADAMS AVE 6 -W DEPARTMENT OF PUBLIC WORKS RECEIVED CITY CLERK LITY OF HUNTINGTON 3EACH CALIF DEC 4 2 oo PH '96 Ni i )wiNnH 03A033►+ H COPY TO • • SHEILA GG% l 9 , GENEIL TRAFFIC SIGNAL MODIFICATIONS AT GOLDEN WEST / HEIL NEWLAND/ADAMS DECEMBER 4, 1996 2 00 PM CC-1035 Engineer's Estimate $110,000 BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT $ 1 A G E General Construction 2 Amlcale Inc 3 Baxter Griffin $ 4 Builchng Energy Consultants 5 Computer Service Company $ 6 CT&F Inc `1r► 5L( 9-x 7 DBX Inc 8 Fischbach & Moore Traffic Systems 9 F J Johnston Inc 0 9 OD $ 10 L & R Electric 11 McCain Traffic Supply 12 Ramco Corp 13 L 4 $ 14 $ 15 16 12108 pg 4 I MERGHANTS(}B},ONDIpNG COMPANY ��C.0 fc.ca.L 3A65 CAMINO DEL RIO SOUTK SURE 310 SAN DIEGO CA 92108 (619) 282 7172 / (800) 624 2415 BID OR PROPOSAL BOND KNOW ALL M.-rN BY THESE PRESENTS That we F J JOHNSON, INC (hereinafter called the PRINCIPAL) and MERCHANTS BONDING COMPAN" (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 makinc guaranteeing or becominc sole surety upon bonds or undertakings required or authorized by the laws of the State o_ CALIFORNIA as SURETY are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the OB-IGEZ) in the full sLm of Ten Percent of the Total Amount of the Bid DOLLARS (S 107 ) lawful money of the Uniteo States of America for the pay-ment of which well and truly to be made, we bind ourselves and eacn o: oLr successors and assigns Dointly and severally f_rmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH THAT the above bounden PRINCIPAL is aboLt to t.anc in and submit to the OBLIG=E a bid or proposal date 12/4/96 for Traffic Signal Modification at Golden West 0 Heil and Newland Ave and Adams Ave #1015 in accordance with the plans and specif_cations filed in the office of the OBL_G=Z anc under the notice-nv-t-ng proposals t1,erefor NOW THEREFORE if the bid or proposal of said PRINCIPAL shall be accepter anc contract `or such work be awarded to the PRINCIPAL thereupon by sa-d OBLIGEE and said POINCIOAr snail enter into a contract and bond for completion of said work as required by law then th-s obligation shall be null and void otherwise to remain in fulj. force a-; effect IN WITNESS WHEREOF said PRINCIPAL and SURETY have caused these presents to be signed anc sealed this 2nd day of December 19 96 Attorney -in -lac d, %6 n9669 O (7) Merchants Bondingb Company (%IL,TL AL) POWER OF ATTORNEY Know All +ten By These Proserts rat he IERCHA 4TS SONDI%G CC 1PANY (MJTUAL) a c-r cra c of the State of Iowa and hav ng Is principal office in nP C ty of Des V o nes County of Polk S a e 0 Io appointed and does by t`iese preserts ma.(- consutu a and aopo rt ** MICHAEL PARIZI%Q***JA1M::S W tMOILANEN***JOHN M ***JUDITH K CUNNING1Lk%1***JANINA BF.AUDRY***L0URDE i r-an z-d under the laws a In made cons ituted and Gr- R-RLc=*** S L-vDA*** of SANTA ANA and State of CA Is true and la vful ey n Fact with full power and a-thority hereby conferred in its name dace and stead to sign execute ac<nowledge and Cei er n Is -nalf as surety any and all bonds uoderrakings recognizances or other written obligations in he na Lr� thereof subject to the Irmita cn tra anv such instrument shall not exceed the amourt of ***TWO HUNDRED FIFTY T'dOUSAND DOLLARS (5250,000 00)*** and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same ex ent as f sucn bond or undertaking was s gned by the duly authorized officers of the MERCHANT S BONDING COMPANY (MUTUAL) and all sucn a,, of said A'tcrney in Fact pursuant to the author ty herein given are hereby ratified and confirmed This Power of Attorney is made and executed pursuant to and by authonty of the following Amended Substiru ed and Restated By Laws adop ed by he Board of Dirac ors �f "e iERCHANTS BONDING COMPANY (MLTUAL) on Oc ter 3 1002 ARTICLE 11 SECTION 9 - The C`ia r-an of the Boar' or President or any Vice Pres dent or Secre ary snall have power and author ity to appoint Attorneys in Fac and to authorize then to execute on benalf of the Compary and arac- he Seal of the Company hereto bonds and underakings recognizarces contrac s of indemrity and other writings obligatory n e nature hereof ARTICLE 11 SECTION 9 - Tre igna ure of any authcri ed or`icer and t e Seal of the Company may a a'tixed by fats mile to any Power of Attorney or Cerifica :on he eof authorizing the execution and delivery of any bord uncera ng recognizance or other suretyship obliga ions of the Ccmpa v and such sigrature and eal when so used shall harp the same orce and effect as though manually fixed In W ness Whereof MERCHANTS BONDI iG COMPAN y (MUTUAL) has caused these presents to ^e s gre^ by is Vice President and its corporate seal to bP hereto arixed to s 26th day of July t9 95 r MERCHANTS BONCI G COMPANY (MUTUAL) CB�A O RPO l0 o q4" '< y 1933 c c STATE OF IOWA COUNTY OF POLK ss On this 26th day of ,July 1995 before me appeared Larry Taylor to me personally known who being by me duly sworn did say tha he is Vice President of the MERCHANTS BONDING COMPANY (MUTUAL) the corporation descnbed in the forego ng 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 is Board of Directors In Testimony Whereof I have hereunto set -iy hand and a" zed my Official Seal at the Cihy of Des Mo nes Iowa the day and year first above wntten 9 J A� cod'6-7' Q Z Votary Public Polk County Iowa IOWA y My Commission o�, �P Expires 2 19 98 STATE OF IOWA '9H1 A� COUNTY OF POLK ss I W Iliam Warner Jr Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) do hereby cert fy that the above and foregoing is a true and correct copy of the POWER OF ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL) which is still in force and effect In W tness Whereof 1 have here_ to set my hard and affixed the Seal of the Company on this 2nd day of December 1s 96 RPOq S— ry Th s Power of Attorney exp res _ 12 31 97 _= d rn _ Z o 3 I. c ce y 1933 c J � r" C-LIFOR L-k ALL-PURPOSE ACK-NON`LEDGNIENT State of Callfor-ua Count-, of ORANGE On December 2 1996 before me j 2R- �)CMNER Date personally appeared XXpersonalh known to me `otary JA.'ySg VOIL-4-NEN `a= of slpms) OR iiillllliiiilllll!lll11111111111111111111!!iillllllllllllllliil111111111,11111l1111111111111111110g&-16 *0" JEM SUMNER rLo COMM ♦ low"Notary P,blic -C.c1 formaLOS ANGELrS'Ot,NhtVComm Experts�U-31 19" 'votary Puohc proved to me on the basis of sausfactory evidence to be the person(s) whose the person(s) whose name(s) is/a.-e subscribed to the within instrument and acknowledged to me that he/theth.iy executed the same In hivliefArUw authorized capacitv(ies) and that by lus/lterAhetf signature(s) on the Instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal Slsnature a�fry OPT10i AL T" oug, li data o ioW u w n -ica Dv I v t � 7r a,uAD . persons v .g n docl L -,I .. d a.v ent .rauuu — I Chia ro m C-kP-kCITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCU`IENT _ [NDI�iDI,ALIS) _ COR?ORATE OFFICER(S) TITLES(S) C PARTNER(S) ` [1MITED ❑ GEN'ERAL. XXATTOR-NEY LN FACT ❑ TRUSTEE(S) ❑ GLARDLAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IFS) T1TL E OR TYPE OF DOCUMENT `L'-IHER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NA.MED ABOVE RELIANCE NATIONAL INDEMNITY COMPANY PHILADELPHIA, PENNSYLVANIA BID BOND KNOW ALL MEN BY THESE PRESENTS that we L A SIGNAL INC P2707134 003 Bid Bond # as Principal hereinafter called the Principal and the RELIANCE NATIONAL INDEMNITY COMPANY a Wisconsin corporation As Surety hereinafter called the Surety are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee hereinafter called the Obligee In the sum of TWELVE THOUSAND FIVE HUNDRED AND NO/100******** * * * ***** **** * ** 1250000 Dollars ($ )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 b these presents WHEREAS the Principal has submitted a bid for TRAFFIC SIGNAL MODIFICATIONS AT GOLDEN WEST AT HEIL AND NEWLAND AT ADAMS CASH CONTRACT NO 1035 NOW THEREFORE if the contract be timely awarded to the Pnncipal and the principal shall within such time as specfied in the bid enter into a contract in writing and give bond with good and sufficient surety or in the event of the failure of the Pnncipal to enter into such Contract and give such bond or bonds if the Principal shall pay to the Obligee the difference not to exceed the penalt hereof between the amount specified in said bid and such larger amount for which the Obligee ma in good faith contract wfth another party to perform the work covered by said bid then this obligatio shall be null and void otherwise to remain In tull torce and effect PROVIDED HOWEVER neither the Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project Signed rid sealed this 4TH of DECEMBER CC k2--t'A SIGNAL INC Principal (Title) :eal) RELIANCE NATIONAL INDEMNITY COMPANY RANDY SPOHN (Attorney in Fact) 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SAN BERNARDINO On DECEMBER 4, 1996 before me LESLIE E DAVIS NOTARY PUBLIC DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC personally appeared RANDY SPOHN NAME(S) OF SIGNER(S) ® 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 ac- knowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies) and that by his/her/their —"-,I Ir c signature(s) on the instrument the person(s) _ or the entity upon behalf of which the [KCi J NOTARY vUFI FLIT l fi I 0) person(s) acted executed the instrument �\`�I-ITy/ SI )ECC1I\1Tr - �� 'Ay C'7nrr iar 0 WITNESS my hand and official seal 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 ONE ® ATTORNEY IN FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DECEMBER 4, 1996 DATE OF DOCUMENT SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S 959D (4/94) _-,0 RELIANCE SURETY COMPANY • • RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY 01428 RELIANCE NATIONAL INDEMNITY COMPANY VALID ONLY IF NUMBER IS IN RED ADMINISTRATIVE OFFICE PHILADELPHIA PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the Companies ) and that the Companies by virtue of signature and seals do hereby make constitute and appoint Randy Spohn of Anaheim California their true and lawful Attorney(s) in Fact to make execute seal and deliver for and on their behalf and as their act and deed Contract Bonds Maximum Penalty All Other Bonds Maximum Penalty $1 000 000 $25 000 ANY BOND OR INDEMNITY PROVIDED THAT WRITTEN AUTHORITY FROM AN OFFICER OF THE COMPANIES SPECIFICALLY AUTHORIZING ITS EXECUTION ACCOMPANIES THIS POWER OF ATTORNEY and to bind the Companies thereby as full and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers and hereby ratifies and confirms all that their said Attorney(s) in Fact may do in pursuance hereof This Power of Attorney is granted under and by the authority of Article VII of the By Laws of RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect reading as follows ARTICLE VII EXECUTION OF BONDS AND UNDERTAKING 1 The Board of Directors the President the Chairman of the Board any Senior Vice President any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorney(s) in Fact and to authorize them to execute on behalf of the Company bonds and undertakings recognizes contracts of indemnity and other writings obligatory in the nature thereof and (b) to remove any such Attorney(s) in Fact at any time and revoke the power and authority given to them 2 Attorney(s) in Fact shall have power and authority subject to the terms and limitations of the Power of Attorney issued to them to execute deliver on behalf of the Company bonds and undertakings recognizances contracts of indemnity and other writings obligatory in the nature thereof The corporate seal is not necessary for the validity of the bonds and undertakings recognizes contracts of indemnity and other writings obligatory in the nature thereof 3 Attorney(s) in Fact shall have power and authority to execute affidavits required to be attached to bonds recognizances contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By Laws of the Company or any article or section thereof This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolutions adopted by the Executive and Finance Committees of the Boards of Directors of United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consents dated as of February 28 1994 by the Executive and Finance Committee of Reliance Insurance Company at a meeting held on March 10 1994 and by the Executive and Finance Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31 1994 Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached IN WITAIFCC %AIUCOC�' � - --- - T -'--- O CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT (D '0' 'k No 5907 State of CALIFORNIA County of LOS ANGELES On 12-24 9 b before me, DATE RAMON C ARTEAGA NAME TITLE OF OFFICER E.G JANE DOE NOTARY PUBLIC personally appeared RAYMOND C MORALES JR NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑Ikx>�>�e��;�k� to be the person" whose name(g) isit subscribed to the within Instrument and ac- knowledged to me that he1N1WffdSXexecuted the same in his/ftaiVibnai' authorized capacity0I&Y.), and that by hisXXMN=Pt signature) on the instrument the person(s), P'ANON C ARTEAGA or the entity upon behalf of which the COMM COMM 11023293 person(K) acted, executed the instrument . a 7 NOTARY PUBLIC CALIFORNIA UNTY Vy cn EAGELES APP^I M 192 / WITNESS my hand and official seal 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 ❑ INDIVIDUAL ® CORPORATE OFFICER VICE-PRESIDENT TTTLE(S) ❑ PARTNER(S) ❑ UMITED ❑ GENERAL ❑ ATTORNEY IN FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTrrY(IES) L A SIGNAL INC. DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 1► DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE m+ioov MATinMAi NnTAMV A,,SnCIATION 8236 Remmet Ave P 0 Box 71114 Canoga Park CA 91309 7194 17J • CNA INSURANCE COMPANIES KNOW ALL MEN BY THESE PRESENTS That we BOND# 7012152 PREMIUM -NIL DBX, INCORPORATED , °rircipal and CONTINENTAL CASUALTY COMPANY Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH Obligee, in the sum of TEN PERCENT OF AMOUNT BID Dollars ($ 107 for the payment of which we bind ourselves, our legal representatives successors and assigns jointly and severally, firmly by these presents WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for TRAFFIC SIGNAL MODIFICATIONS AT GOLDEN WEST AT HEIL AND NEWLAND AT ADAMS CC NO 1035 NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee, or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void otherwise to remain in full force and effect Signed sealed and dated G 23054 A NOVEMBER 25, 1996 �=\dl_ I�f06iORATED BY (Seal) Principal CONTINENTAL CASUALTY COMPANY by Attorney in Fact DAVID L CULBERTSON irw"Aft_ 0 (7) -r P_. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 11-25-96 before me, DIANA LASKOWSKI - NOTARY PUBLIC personally appeared DAVID L CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal Diana Laskowski D � Signature of Notary Public 0 Comm #995636 n V am o NOTARY PUBLIC CALIFORNIAu, ORANGE COUNTY n Oomm E p+ as Sept 8 11997 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 DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 1 DATE OF DOCUMENT 11-25-96 CAPACITY CLAIMED BY SIGNER t ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER SIGNER IS REPRESENTING CONTINENTAL CASUALTY COMPANY NAME OF PERSON(S) OR ENTITY(S) Continental Casualty Compao • CNA Fs All II'm IininiitnMnt 1 uMxk AN ILLINOIS CORPORATION POWER OF IATTORNEY APPOINTING INDIVIDUAL ATTORNEY IN FACT Know All Men by these Presents That CONTINENTAL CASUALTY COMPANY a corporation duly organized and existing under the laws of the State of Illinois and having Its principal office in the City of Chicago and State of Illinois does hereby make constitute andappointDaVlt1 I _ Culb rtSon, Chuck L Flake Linda L Culbertson, Diana Laskowski, O• Anaheim, California Its true and lawful Attorney in fact with full power and authority hereby conferred to sign seal and execute in Its behalf bonds undertakings and other obligatory Instruments of similar nature - In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as of such Instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed This Power of Attorney is made and executeo pursuant to and by authority of the followirg By Law duly adopted by the Board of Directors of the Company Article IX —Execution of Documents Section 3 Appointment of Attorney in fact The President or a Vice President may from time to time appoint by writtencertificates attorneys in fact to act in behalf of the Company in the excecution of policies of insurance bonds undertakings and other obligatory instruments of like nature Such attorneys in fact subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution Of any such instruments and to attach the seal of the Company thereto The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney in fact This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April 1957 Resolved that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By Laws and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company Any such power so executed and sealed and certified byy certificate so executed and sealed shall with respect to any bond or undertaking to which it is attached continue to be valid and bindina on the Company In Witness Whereof CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed On this 30th day of January _ 19_ IL '` CJStr��r State of Illinois) rI s s ca..o. County of Cook { i > SEAL = CONTINENTAL CASUALTY COMPANY J E Purtell Vice President On this 30th day of January 19 91 before me personally came J E Purtell to me known who beang by me duly sworn did depose and say that he resides in the Village of Glenview State of Illinois that he is a Vice President of CONTINENTAL CASUALTY COMPANY the corporation described in and which executed the above instrument that he knows the seal of said Corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed pursuant to the said instrument is such corporate seal that it was so affixed p,.rsu_r)} to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority and acknowledges same to be the act and deed of said corporation C' C De 2 �4 NOTARY N J PUBLIC m / Co Linda C Dempsey tary Public CERTIFICATE My Commission Expires OctC 019, 1994 1 George R Hobaugh Assistant Secretary of CONTINENTAL CASUALTY COMPANY do hereby certify that the Power of Attorney herein above set forth is stall in force and further certify that Section 3 of Article IX of the By Laws of the Company and the Resolution of the Board of Directors set forth in said Power of Attorney are still in force In testimony whereof I have hereunto subscribed my name and affixed the seal of the said 25TH NOVEMBER 96 Company this day of 19 C I George R Hobaugh Assistant Secretary Form 1 23142 B INV NO G 59200 E A Z' BID BONG AETNA CAS11 & SURETY COMPANY OF AMEBIC Hartford, Connecticut 06156 KNOW ALL MEN BY THESE PRESENTS That we C T & F , INC A CORPORATION Bond No 86SB100865626BCM(579C) as Principal hereinafter called the Principal and AETNA CASUALTY & SURETY COMPANY OF AMERICA of Hartford Connecticut a corporation duly organized under the laws of the State of Connecticut as Surety hereinafter called the Surety are held and firmly bound unto CITY OF HUNTINGTON BEACH PO BOX 190 HUNTINGTON BEACH, CA 92648 as Obligee hereinafter called the Obligee in thesumof TEN PERCENT OF AMOUNT BID-------------------------------- Dollars ($* 1 O%amount bid ) for the payment of which sum well acid 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 TRAFFIC SIGNAL MODIFICATIONS AT GOLDEN WEST AT HEIL AND NEWLAND AT ADAMS CONTRACT #1035 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 December (Witness) (Witness) 19 96 C T & F ,INC A CORPORATION kPnnrapal) (Seal) i (Title) AETNA Y &SURETY COMPANY OF AMERICA gy✓� Richard S MC any (Attorney nFecl) Printed in cooperation with the American Institute of Architects (AIA) by Aetna Casualty & Sureh Company of America The language In this document confoi ms exactly to the language used In AIA Document A310, February 1970 edition c .ncn rr 4n nc, (7) 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On December 3, 1996 oeforeme Alice M Cherbak, Notary PUblic Date Name and Ttle of Officer (e g Jane Doe Notary Public') personally appeared Richard S McElvany Name(s) of S g er(s) personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person whose name() is,'&r'b subscribed to the within instrument and acknowledged to me that he/3 Key executed the same in hisXK-ff MP' euthonzed capacity(PR and that by his/?S&A fdfr signature(s' on the instrument the person() or the entity upon behalf of which the person(6) acted executed the instrument U) r , c c t It- , WITNESS my hand and official seal S gnature of Notary Publ c OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document ) Title or Type of Document S13 ALA d�-1 ( Document Date December 3 , 199b _ _ _ _ Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) r Signers Name Richard S McElvany ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner — ❑ Limited ❑ General [29 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Top of thumb here Signer Is Representing Aetna Casualty & Surety Company of America Signer s Name ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Top of thumb here Signer Is Representing 0 1994 Nat o at Notary Assoc at on 8236 Remmet A e PO Bo 7184 Ca oga Park CA 91309 7164 Prod No 5907 Reorder Call Toll Free 1 800-876-6827 • Hartford COTICut 06156 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) IN FACT KNaWALLMENayTt£SEPRESENTS TKArAETNA CASUALTY&SUREfYCOWANrOFAMEFUCA.acQrgw don dulyofgsngw4wldal"la..a of the Slav O(Conn.eslcuC aril Mvmq liar petneipal oRkg n the Cryof Hartford. Counry of Hanford State of Con aeecK ham mada consnwled and appo.ntad. "aces by to W pregenra mass. conadt leand appoint Richard S M C E 1 v a G y K e-n n e t h E McElvany or Elaine AbboCt — — d O n e a r 1 o CA Its INg frail lawful Anom ey(at-In-F.c[, w.th fuN Dowv .rail a�w heAry Mr/py eonl..r.d to sign. sa.cugg, and acancy.bdga6 t fifty place wuhln the United Sratm or T the foao..Ing 16w be Wed In wtlha, the araa then dwarkp ntred the follow wtsirlrtleAllal by ruyha said signatuta and acC dray and W bonds. etrognnancss conlncta of ndomnity and crn v.f tinge obligatwy n Lh nature of a bond. emgnasncs, or cyndi. ctl uAdemdng ar.d any, 111d all tansec" nod*IM ingrate I" to bind AETNA CASUALTY 1 SURETY COM P*NT Of AMERIG thereby M f ulty ar.d Ia the.anw atant u d the sam w.+s elgned try ttvg d ly /ulhoru.d offkars alACTNA CASUALTY&SURM COWANY OF AM&FOGA ndaYtMmcuo(sald Ariceneyist4nfset parawuttvth a.rtheeity hwon grrsn we Itow Wn nilfied and con(k,ned. This /ovornM wW t made under aI1.1 by &Ahony of the follamm g itanding R/ccluydna of said Comparty which Itseoludons are now n full farce end flart VOTED- That each of Me follo al g oMesrs. Chairman Via Chairman. P gadent Aety Faaadys Vies Prers,d.nt. Any G ova Eaacuitve Any S mot Vlu Pmeiaem Any V-cs Pnu.dant, Any Aavm:s.r Vice Prealovi t Any S tretary Any Aera gtont S.rlmury, may from time to I and apoo nt RadloamYce Prov%danq Rsec.ntAawt+m S-c7aw1lea Anmrvys.n-Fsct, a d Ag/nts 1 .ct to and on behalf of h. Company and mry give a y aueh app—t" a.rCt suduoeify a. hV earefims, of buouw.y may praso be to .q .nW the Company .raw and tool wlm the Company es 1 bond andetn ryrtangs Ilgalorylninanatu— r bort ,ivcognti —. o and banal no notlr.g and a,.y of ra oaXwe or the 8 rd of OlnKiora in y I any lKw emwg y rech aopalnlea wed cask. m powM meld xv ha ry q yarn him or her VOTFU That"berd, ncvgn•taned. contract of fn0amnlry ofwfltklg obl query In the nsturt of a tx nd to=grlirulea b cored t onal unddnatlnq shall the valld end bwb" otdn the Compw,y v.h n (sl I(grlgd by the thuirmgn U'w Kcs ChmltmaM the Prswd I. n E.mecuihs Vtca Prsatdani a Group Eaecuuya a Senior Vka Praaddrlt, Al Vkg Pr►w4vr*C aA Aisimiant V ce Prepd.nl at by a Regiderg V'u Pr.sul.nL puiwant to the p w. prsunbed d1 the egetlfleaes of the" of tueh Reedant Vks Frasldent. and duty ademd and sated. L11 iha Ctimpeny s n.l by S.eralgwy a A/Ir3tant Sstx eery wby a Reardanf gGsistant Strcnury pwnlent io die power prdscnbgd n the dnlRuto of suitto, h of sucn Re Idant Agaretanl Seennarrorlbldufy.adu.eadlurmufceal Irogwrsdlbyerwwr—v Anotney/dn-Fact pursuant to the power preacnbdd nhAwtheircon(K 1. or ram rrca to o of errthoeiry Thu Power s(Anvrnet .,.d C+rdc1`kA s v(Au har.ty le m4nda end we; d by Iantwrtld under a,.f by uthanty of tfse (arfawa.q Standh,q ftgadl Lien varied by the bawd of 04caorl it of AETNA CASUALTY A SURETY COMPANY OF AMEAICA, mvhioh Res.ludon I o.. M hJi force and Ngcr VOTED That the agnswre of loch ( Ma lallamrinq cKICars ChwM rL Via Cba+m,.n Fresident Amf Exwwiry Yea Prosidanf Any Grvuv Ea cr" Any, Sdrlier V.e. Pnrsrdeew Any Vlea Prwd.nCMyAsaivanl Vrea P vwddhLArly Sacrettrry Any Assastsm Saerttary d ih ..l of the Cor,.pwry may be aftiaed by Imcanul. to any power of anon"y Otto any CrMncw mlal nq th/ralo tlpgornung R s.d nt vics Praardgn Ro—d. t Asalgum S.vatan..erA%amgysdrrFact few purposse.Ny of executing my awes Ling panda and undertaxinga and with w,t gsod.gattxyhtho e %4w thwaof nd any sucti power d aeomay or corV171cat. Drat" ooun faesYrul srgn.t.xd W 1/esknu. noel n ll be mlid ens binoing upon h COTDartv atla dray radrpnwdrwssedated w,d nnlfrad ley such taeNm F. s.gnat rm rdlgimJ. a..l shW DevMW snob "upon ins, Company n the ruwra —th respect to /ny bond of urldmULirig to which n (a ■aacned IN WTfNFSS NIMEREOF AETNA CA UALTY 6 SURETY COWA Y OF AINERFCA net Causad We nsuumgnt to oa sgned by Its Vtcd Fr elddnt. end as carpbraol Seal to bo hemia Mxed thh 3rd day of N o v e to b e r 139 5 � AETIWI ALTY fL SUIIETY CYT ANY OF AMEWCA Srria o1 Can acitcut ii art, Hanford � County of Hartford saw Vka rat On thin 3rd dery of l o v e m b e r to 95 bafor/ me porvoru ur al,e OEOAOi W THOM/SON e. and tno..n who Oiling by raw duty rwoM dw e/pon and air that fwana it Vkg Preald.nt of AETNA CASUALTY i SURETY COMFANY OF Aftti eA h corporation degct ltiap k1 did wMch maaeutW the abo.g Insaun.nt that heWW trgwe it- ad.l of good m000ra ion th i the Baal alnasd to Iha taW uvtn.r.e t Is *.coo torporaq I set: and that tt fWM gRKVted the —d M/VVmMt on 0/444if f the c0 porYYOn by /rrtAP ry 1 h mRlgt ll a unrN1 the sw-dingy R/eohxxm v tf.grvat v larder rt....y M1.a•.e Rssdllnd A Clh h.a cFRT1FIUTE L I K. undwigbgmvd. ^--Leans Socr try &(AETNA CAS UALTY : SURETY COMrANY OF Aara"IC fir a. corvarookm d &A Suu 00 HFR£HY CERTIFY that tn. lorequirq end &rJh:h d Pow I Arc nw and Cwo real. (AuthetnY rer*•eata rn fuY tore .nil rase nor boon rs.dtera end IurMrmom Vnn ihs Slamhng Ratoh+ooru at pw 6og d of Dirscsom as sat font+ n the Cartd.cata of Autf+veyry are now to lorca Slatted and Sealed ag tiler Home Office of trw Company In the Gry o(Henforo. Stria, of Cornau�L Oared Otis 3rd dear oa December 1° 96 EY r j� Its Gan.audn As.l.f Ml$a4r Iw► S7t45 n nt CALIFORNIA ALL-PURPOC.)ACKNOWLEDGM ENT State of ea1Z AQ rH 0C- County of 1, Z,-S �if q G / S On X.?-3-94 before me V 'Publ L Date Name and Tale m6f Officer (e g Jane Doe Notfiry Public ) personally appeared -A ,d / �i S 010 01 s Name(s) of S gnarls) Xpersonally 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 that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) MATTHEWA BOYDEN or the entity upon behalf of which the person(s) acted COMM # 1064546 *My Notary Public — Caufomlo executed the instrument LOS ANGELES COUNTY Ccmm Expires APR 2 IM WITNESS my hand and official seal Sg re of Notary Public OPTIONAL Though the Information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Signer(s) Other Than Named Above Capaclty(1es) Claimed by Signer(s) Signers Name ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Top of thumb here Signer Is Representing Signer s Name ❑ Number of Pages Individual Corporate Officer Title(s) Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other _ Signer Is Representing .RIGHT THUMBPRINT OF SIGNER t` O 1994 Natronal Notary Association 8236 Rommel Ave P 0 Box 7184 Canoga Park CA 91309 71 B4 Prod No 5907 Reorder Call Toll Free 1 800-876-6827 tt REQUEST FOR COUNCIL ACTI N l MEETING DATE November 4, 1996 DEPARTMENT ID NUMBER PW 96-047 Council/Agency Meeting Held Deferred/Continued to Approved L3 Conditionally Approved ❑ Denied City Clerk s Signature Council Meeting Date November 4 1996 Department ID Number PW 96-047 REQUEST FOR COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY MICHAEL T UBERUAGA City Administrator PREPARED BY LES M JONES II Director of Public Works SUBJECT Traffic Signal Modifications at Golden West at Hei d Newland at Adams CC-1035 AUTHORIZATION TO ADVERTISE Statement of Issue Funding Source Recommended Action Alternative Action Analysis Environmental Status Attachment Statement of Issue Plans and specifications for the Traffic Signal Modifications at the intersections of Golden West Street at Heil Avenue and Newland Street at Adams Avenue (CC-1035) are complete and City Council approval is required to advertise the project Funding Source Funds for the traffic signal installation project are in Gas Tax account E SF- PW 984-6 43-00 The engineers probable construction cost estimate for the project is $110 000 Recommended Action 1 Approve the plans and specifications for the traffic signal modifications at the intersections of Golden West Street at Heil Avenue and Newland Street at Adams Avenue (CC-1035) and authorize the Director of Public Works to advertise the project 2 Approve the attached sample construction contract subject to award of contract to Council approved lowest responsible /responsive bidder .arid, 3 Approve the purchase of traffic signal poles mast arms luminaire mast arms and other City - supplied signal appurtenances for this construction project Alternative Action(s) 1 Approve plans and specifications but do not advertise to bid 2 Do not approve the sample contract for the project 3 Do not approve the advance purchase of the traffic signal poles mast arms luminaire mast arms and other City -supplied signal appurtenances 4 Do not approve the plans and specifications and direct staff to prepare plans for an alternative design 0019910 01 e� 2 10/23/96 1 57 P Mfz V 0 SECTION C • PROPOSAL for the TRAFFIC SIGNAL MODIFICATIONS at GOLDEN WEST AT HEH, AND NEWLAND AT ADAMS CASH CONTRACT No 1035 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 furnish 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 Citv of Huntington Beach and to enter into a contract at the following prices The undersigned agrees to complete the wort, within 60 calendar 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 accompanving 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 A.NY 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 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 C1 If awarded the Contract Candersigned agrees that in the event( -,--)the BIDDERS 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 proceeds 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 Accompanying this proposal of bid find in the amount of S 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 "Bidders Bond' as the case may be) r `l r C2 &ROJECT BID SCHEDULE • Item No Estimated Quantity Item with unit price written in words Unit Price Extended Amount 1 2 Install Cm Funushed Poles and Appurtenances Complete each at Txxo Locations / -. ren! c.isa.�� ilia-t /!i� �ajio� `/yh / @ Dollars p U p $ / / $ /✓ram y�0 Cents Per each 2 7 Funush and Install No 6 Pull Box each � @SP✓eh Ldhy 5-e -Pn>(t/ /it'O Dollars $ $ ✓� �� 3 �iuPn�T l�1ii'I P Cents Per each 3 130 Funush and Install 2 Sch 80 P V C linear feet @ _-ho"' /V Dollars $ o7Jr gz $ 3 p niney /ay Cents Per linear feet 4 20 Furnish and Install 2 1 /2 Sch 80 P V C linear feet @ �lf:Ge— Dollars $ 0?9 3- $ �o �- Cents Per linear fee 5 280 Furnish Install 3 Sch 80 P V C linear feet /and �` rC�-e en Dollars $ T �y $ 3 2° �OUi— Cents Per linear fe t 6 6 Funush and Install Detector Harnesses each @ / //'ie11 S/J—, Dollars $ YW/ $ `i/YISo llpi e e— Cents Per each 7 10 Funush and Install Load Sm itches each @ Oh � /IUhd/r'-e d 21,fe Dollars $ /Ol0 ?° $ Oloot �O �Gy tP/17�1 Cents Per each 8 11 Funush and Install Detector Amplifiers each @ O //!/////Ul�: /1`i><'TY Dollars Cents Per each 9 1 Funush Install) Phase Selector each /and @ 74D41_<4h1L Dollars $ %i .J $ `7_ �Q O ,f'od/— Cents Per each leach Funush and Install Transfer /Relati @ Ofl P t7�0//SGh¢ �1��/Id/�O/'P��/9��olvs $ / �7y Cents Per each C is OPROJECT BID SCHEDULE C) Item Estimated Item with unit price Extended No Quantity written in words Unit Price Amount 11 2 Furnish and Install All Wire/Cable/EVPE Cable Complete each @ J /LP4 70,14Q*1 �al`1f/' :�:/,r Dollars $ 51996 °-° $ /0 !/n Cents Per each 12 9 each Furnish and Install Detector Loop $a3 $ off, p�3 3 J Cents Per each 13 2 each Temporar\ Signal Wire Fir @tc,o//S4/7a TwV/7!//l0/alf1"--, Dollars a / LTz Cents Per each 14 1 RemoN a Tree and reeplace�sidexN all/. lump sum 1 @ `ln P Xlllh '.Pd Z /i j /� L&O Dollars $ ✓�o� c- � " g $ /-1a7 D Cents Per lump sum 15 4 Ins all PullBoa at Nexi land/Adams each ,Pad Dollars $ 39 �s $ s °—� T /1& 741/4' Cents Per each 16 1 Furnish and Install Ground Rod Complete at Neuland/Addms each @ S/.try //%/f%/ Dollars $ / $ NO Cents Per each 17 4 each Remo-, e and Replace Access Ramp @ Ui7e 74/lUUS4/ ✓P >V X %� dllars ?�! Q ' $ �f�lo �7m $ 3�7� f / (/-P Cents Per each 18 3 each Fill Pull Boa m ith fAsphalt Concrete f� @ C /7'e— SIX Dollars $ ,5 ' 3� $ A-e e-, Cents Per each 19 4 Modifv Imgation System each @ Dollars $ (�J �� '' $ �/� �i /—�y Cents Per each 20 6 each Remove Eucalyptus Tree @ S'2y2 /I d/'e cL or Dollars $ /7f $ 7 �' �1y Cents Per each 21 6 IStump Grind Eucalyptus Tree to 24 Deep C 2s •PROJECT BID SCHEDULE • Item No Estimated Quantity Item %ith unit price written in words Unit Price Extended Amount each @ eldl Dollars Cents $ Per each 22 12 each Remove and ReplaceGS gallon Shrub @ i�TY 100 Dollars $ Jam"% Cents Per each 23 6 each Furmsh and Plant Svagrus (Queen Palm) @ 5_4?✓e/n'1 //+/ zln! Q 127r? 7 Dollars $ :.7-:— Cents T Per each 24 2 each Transplant Existing S/ agrus (Queen Palm) / @ �Di/!-/��rndr��L /U/, JrS/;6Dollars �y Cents Per each Total Amount Bid in Figures $ 77, qS' Total Amount Bid to Words r �9i/� Serer even �iiws4n�l ��i�Aei�{�}/Coa C� i� v s C 3s OST OF SUBCONTRACTOR 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 Portion of Work Dame and Address of Subcontractor State License Number Class 61�/y �� zyG /9 a r 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 r, C3 QONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss County of Orange 1Fkj T Nqr '�1 Mcn o ►v S being fiat duly sworn deposes and says that he or she is % jt c.C-- — -pk C--sl ��,,IT of C, —% 9f P, _l� e— the party making the foregoing bid that the bid is not made in the interest of or on the behalf of any undisclosed person partnership company association organization or corporation that the bid is genuine and not collusive or sham that the bidder ras 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 consp1red 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 anv manner directly or indirectly sought by agreement communication, or conference with anyone to fix the bid pace 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 t Name of Bidder i irignaure Bidder 72-Z S - coc r 4dc Bs7 Address of Bidder Subscribed and sworn to before me this day of 199 NOTARY PUBLIC NOTARY SEAL C4 CALIFORNIA ALL-PURPO•ACKNOWLEDGMENT State of (-14l.'t1or" fa County of 10-S qe-/ s On /,2- - - y'G before me 4e,11 QovdtH , a IGr�i /�w AU Date Name ancrritle o1 Oflicer (e g Janetioe Notary Public') personally appeared s Names) of Signer(s) Xp6rsonally 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 that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) MATTHEW A BOYDEN or the entity upon behalf of which the person(s) acted a COMM m 1064546 � executed the instrument z OataryNPublic — Cailtomia zLOS ANGELFS COUNTY MyCcmm Exares APR7 1999 WITNESS my hand and official seal Signatueg of Notary Public OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer s Name 0 Individual Corporate Officer Title(s) Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing RIGHT THUMiPRINT OF SIGNER Signers Name 0 0 Number of Pages Individual Corporate Officer Title(s) Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other Signer is Representing RIGHT THUMEPRINT OF SIGNER 0 1994 National Notary Aesocration 8236 Remmet Ave PO Box 7184 Canoga Park CA 91309-7184 Prod No 5907 Reorder Call Toll Free 1-80G-976-6827 • 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 the TRAFFIC SIGNAL MODIFICATIONS at GOLDEN WEST AT HEEL AND NEWLAND AT ADAMS (I)(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 kdministrative Code, Section 2700 as follows 'Qualified Person A person who by reason of expeilence oI IMP11Ctioll is fanlihm with the operation to be perfoi need 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 I 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 tale steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein Date /Z -3-76 Contractor c Title C. T. & F., Inc. V / C C-- — P,e&`3'/ oea� I- C-5 n- DISQCALIFICATION QUESTIONNAIRE In accordance with Go,, ernment Code Section 14310 5 the Bidder shall complete under penalty of penury 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 "afety regulation? ❑ Yes No If the answer is yes e\plain 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 C6 COMPAATION INSURANCE CERTIOCATE 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 I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers 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 Date I2.-3 -q6 C.T.&F, Inc. Contractor By VLLF - f D L--r-'J Title c7 tQERGROUND SERVICE ALEt( t IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permittedFuntil 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 r r" 6I _ To obtain ri aFDig Alert1Ide tification Number call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation Dig Alert Identification Number tL Date Contractor Title ti 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 C8 WIDDER'S INFORMATION • BIDDER certifies that the following Information is true and correct C.T.&F., Inc. Bidder Name Estimating %2� r� " \u,sinus Business Add �A 90201\ (310) 927-23JJ f r#Ak (310) 927-4171 State Lic # 182572 C-10 City State Zip Telephone Number State Contractor s License No and Class L{- / S- S q Original Date Issued Ll-30 Expiration Date The work site was inspected b) t�% k` Lo pe Z of our office on 9 z — 199( The following are persons, firms and corporations having a principal interest in this proposal tM t Vr' cz T)f/W T I�1I�oG�1NS 4 P C9 The undersigned is prepared to satisfy the Council of the City of Hun` ling -ton Beach of its ability financially or otherwise to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth t CompanyNam t&,VC_ }LUUdr� JJRltwC` .� Sianatu e o Bidd yy �� Print6d or Typed Signature '""" Subscribed and sworn to before me this _ day of S 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 S C-C-- Ar�lac ele--v Na and Address of Public A!2encv Name and lephone No of Project Manager Contract Amount Type of Work Date Completed 2 Name and Address of Public Agenc Name and Telephone No of Project Manage Contract Amount _ Type of Work Date Completed 3 Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed C 10 CALIFORNIA ALL-PURPC* ACKNOWLEDGMENT • State of CQ%to0 4,00 County of zos �Ha e- / S On 9i(o before me /"lk91-ewdc4, Ala . —la e-- Date Name and Trg of Officer (e g Jane DoWNotary Public ) personally appeared Z�4,1 ItS AMA"0H s Name(s) of Signer(s) 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 that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the Instrument the person(s) MATTHEWA BOYDEN or the entity upon behalf of which the person(s) acted COMM 0 1054546 executed the Instrument i�® My Notary Public — Ca9ftxnla Ccrnrn Expires APR 2 1999 Y t.OS ANGELFs COUNTY WITNESS m hand and official seal Sig re of Notary Public OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signers Name 0 Individual Corporate Officer Title(s) Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other Signer is Representing RIGHT THUMBPRINT OF SIGNER Signer s Name I Individual Corporate Officer Title(s) Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing RIGHT THUMOPRINT OF SIGNER 0 1994 National Notary Association 8236 Remmet Ave PO Box 7184 Canoga Perk CA 91309 7184 Prod No 5907 Reorder Call Toll Free 1 800.876-6827 PREVIOUS PROJECTS COMPLETED OWNER CITY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS PROJECT C 87278 TITLE ATSAC WILSHIRE EAST COMPLETED 2/1/95 TOTAL $ 5 531 331 00 CONTACT ERNIE ALDOVER CITY OF LOS ANGELES DEPARTMENT OF TRANSPORTATIO PHONE (213) 237 0276 OWNER ':IT') OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS PROJECT ti-- 86937 TITLE JEFFERSON BLVD STREET LIGHTING COMPLETED -711 /95 TOTAL S 644 098 00 CONTACT PHIL REED CITY OF LOS ANGELES BUREAU OF STREET LIGHTING PHONE (213) 847 6403 OWNER '_OS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS PROJECT CC6746 TITLE HUNTINGTON DR TRAFFIC SIGNAL MODIFCATION COMPLETED --'11r95 TOTAL S 1 280 320 00 CONTACT BOB GEYSEL LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS PHONE 1818) 458 3104 OWNER CALIFORNIA DEPARTMENT OF TRANSPORTATION PROJECT 0 1 18044 TITLE SIGN & LIGHTING ILUMINATION ON RTE 210 COMPLETED 2 1 /95 TOTAL S 491 201 00 CONTACT 'AUL CHANG CALIFORNIA DEPARTMENT OF TRANSPORTATION PHONE 21 3) 897 0059 OWNER -Y OF GLENDALE TRAFFIC DIVISION PROJECT 101090 TITLE TRAFFIC SIGNAL INSTALLATION 37 LOCATIONS COMPLETED 6/1 94 TOTAL S 2 080 541 00 CONTACT )MAR ABUTALEB CITY OF GLENDALE TRAFFIC DIVISION PHONE t°318) 548 3960 OWNER -'TY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS PROJECT 1_9502204 TITLE ATSAC CENTRAL CITY EAST COMPLETED ` ST DEC 96 TOTAL S 3 200 000 00 CONTACT -=NIE ALDOVER CITY OF LOS ANGELES DEPATMENT OF TRANSPORTATION PHONE (21 3) 237 0276 OWNER ;ITf Oc LOS ANGELES DEPARTMENT OF PUBLIC WORKS PROJECT 1_9502205 TITLE ATSAC WILSHIRE WEST & MID WILSHIRE COMPLETED EST DEC 97 TOTAL $ 4 600 000 00 CONTACT --NIE ALDOVER CITY OF LOS ANGELES DEPATMENT OF TRANSPORTATION PHONE '2' 3) 237 0277 OWNER CITY OF CULVER CITY PROJECT I=' 544 TITLE SMART CORRIDOR EXTENSION COMPLETED SST JUNE 97 TOTAL $ 1 100 000 00 CONTACT a---ims THEISEN CBM CONSULTING PHONE 310) 643 6339 OWNER -- TY OF SANTA MONICA PROJECT -m 1277 TITLE SMART CORRIDOR EXTENSION COMPLETED EST AUG 97 TOTAL S 1 500 000 00 CONTACT MARK CUNEO CITY OF SANTA MONICA ENGINEERING PHONE (310) 458 8234 CITY OF HUNTINGTON BEACH 2 0 0 0 M a i n S t r e e t P 0 B o x 1 9 0 C a I I f o r n l a 9 2 6 4 8 Les M Jones II Director TRAFFIC SIGNAL MODIFICATIONS AT GOLDEN WEST STREET / HEIL AVENUE AND NEWLAND STREET / ADAMS AVENUE CASH CONTRACT NO 1035 ADDENDUM NUMBER 1 November 15 1996 Notice To All Bidders Public Works Department (714) 536 5431 The following correction shall be incorporated into the Contract Plans Sheet 2 of 3 The Traffic Signal Modification at Golden West Street and Heil Avenue Revise the Pole Schedule the Pole Data for poles 3 and 7 shall state 29A 5 129 with mast arm lengths of 13 7 m The F distance shall be 4 6 m and the side tenon distance shall be 3 7 m The poles shall also conform to the City of Huntington Beach Standard Plan No 415 A pre bid meeting will be held at the City of Huntington Beach City Hall Public Works Conference Room on November 25 1996 at 2 00 p m This meeting is to review any landscape questions All bidders are requested to acknowledge the receipt of this Addendum with your bid proposal Please be advised that the Engineers Estimate for this project remains unchanged by this revision Should you have any questions regarding this Addendum please call Terri Elliott at (714) 536-5580 Sincerely i 'James D Otterson P E P L S Traffic Engineer J DO/TAE/tae This is to acknowledge receipt and review of Addendum Number 1 date-d November 15 1996 It is understood that this revision of the new document shall be included in the,,Bid Documents Company Name y , Date L^ y F N p SECTION P—A NTS EXISTINC---' 101mcmi HAND VOLE FRONT VIEW APPROVZD DACE FE��BRLARY 26 1996 Gam=— ,etc- 3t3s�o TRAFFIC ENGINE_R i27'35-/$'79 REVISION DATE %L L z INPI NEARSIDE �11DE SACK V I EW VIEW XIS T INC IP- D TOLE SECTION B—B NTS r ILE NAM_ G \ACAD\S iNDRDS\4DD\S i415 CITY Or HUNTINGTON BEACH %, 10B D.PARTMENT OF PUBLIC FORKS TRAFFIC SIGNAL POLE STANDARD PLAN NUMBER SPECIAL FEATURES 415 , M A Y ry Y J S`' i d t h r w L d r, Il 32 .M'96 t t 4 "xXfi Sys Lyr1 t _'y`i.., 'u.,4 h��..{�a rikl,�C 3a��-a•,�.�'� *}J,��.,,,,OL, �{x-r . ,- .t.�y-� # a'-'Gk �xt�xY -d ar�aKJ' °"F �'°•;� "yr h ram, ,, "{ ;iF# 'G �k`h -v {7 :.1r i pkt'7 i � a%�� F � PC f..�w 1 1 .,>• +F � % �" N { p2 ii' P ,r' 4L s F� N"l, 2 ys1^ y C 4� rp�tM��! srz°aleRYA a C T& F INCpq ��s ¢y ; '"� '2.sz f t AQfN, �I"„a;" g �7irt a f nb �d KR� tWx g Xht �a j � tr xf F�, 7228 SCOUT AVE�a �.� e n �° h °5�€� ��¢{, BELL GARDENS CALIFORNIA 90201 ft� n a �tryw'� art} h�c 7x °�� s z n"1sN54 a t aeykt i ask t� w� r Y`�r r° st�"T �fi 3 des nx€�� i e ter. s t er � '�'4ta#3 �a k . c - 'd'- k 9 "`/',Yi.�t zY'� � .t t � �s OR 1'` �,� �� t t r f ��tt�v�� ova �ka xist3 s �g � hWF446 ��af M Ada y era�+t *�h s-'ttxtIV SCL _�a �'� ' �' n x�`''` i s, a� zr1 ^t ."i'7"�tYY.'a.! 1 �4 yY '1zT'`S �r t �1 �`� ➢�,.s,. rti�yru",Y jR M-,-6 4h.5y+a'""�t i r`"F ula a it .R J+ " v , " 3"� ` CITY OF HUNTINGTON BEACH L R- AJ yam` ',,4 Pr�,1�f,� d,,7 yr wJ, 4 A 'i 9�yn S '�' 'ayr''�' ttd �? �r� �� t ", lv 4 �� k � , � � OFFICE OF CITY CLERK SECOND FLOOR t a� ., y, i �''��,*r�' .raY "�y T''4� K t ra '�1, 2000 MAIN STREET HUNTINGTON BEACH CA 92648 ,„r`'�Yzt'�iTM'k�l' ��`� � �IV� 1 x � r f` PROJECT CASH CONTRACT NO 1035 TRAFFIC SIGNAL MODIFICATIONS @ -tip n F GOLDEN WEST @ HEIL & NEWLAND il r i t� � ADAMS Rr t �� 4Apt BID DATE & TIME _ DECEMBER 4 1996 4 200PM <{ n ,t r� NOTICE INVITING SEALED BIDS for CC-1035 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street Huntington Beach California until the hour of 2 00 PM on Wednesday, December 4, 1996 at which time bids will be opened publicly and read aloud in the Council Chambers for the Traffic Signal Modifications at Golden West at Heil and Newland at Adams Project located in the City of Huntington Beach A set of plans specifications, and contract documents may be obtained starting Tuesday, No% ember 5, 1996 at City Hall Department of Public Works upon receipt of a non-refundable fee of $25 00 if picked up or $35 00 if mailed sales tax included Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach The Contractor shall in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code Preference to labor shall be given only in the manner provided by law No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements Each bidder must be licensed and also prequalified as required by law The City Council of the City of Huntington Beach reserves the right to reject any or all bids By order of the City Council of the City of Huntington Beach California the 4th of November, 1996 Connie Brockway City Clerk Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 0021940 01 '^ ' CUSTOMER � 15651 C E R T I F I C A T E O F I N S U R A N C E ISSUE DATE� O497 ======================================================================================================================== PRUDUCER FICATE IS A OF IN AND CONFERS MCELVANY INSURANCE INC. NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTI��TEDfES NOT AMEND P.U. BOX 9148 EXTEND OR ALTER THE COVERAGE AFFORDED^BY THE POLI-TES B[LOW. /~ ONTAR CA (909)983-2623 COMPANIES AFFORDlNGCOVERAGE - ZIP CODE 91761 Lic # 0757776 / COMPANY LETTER A TRANSCONTINENTAL ---------------------------------------\ � /' no.(J�o COMPANY LETTER B TRANSPORATION INS CO �� ^ ��- COMPANY LETTER C AMERICAN CASUALTY CO � � ` ^ ~~ �'�_ ��___ BELL GARDENS/ CA COMPANY LETTER D ZIP CODE 9O201 > COMPANY LETTER E --y-y v � ======================================================================================================================== COVEKAGES CERTIFY I WHICH THIS CETTFI ERTHE B TO ALL THE TERMS/ EXCLUSIONS/ AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ======================================================================================================================= CO POLICY POLICY LTR TYPE OF INSURANCE POLICY NUMBER EFF. DATE EXP. DATE LIMITS ======================================================================================================================== GENERAL LIARILITY GE $ 2/000/0OO A (X> COMMERCIAL GENERAL LIABILITY C01O3O954O27 1O/28/96 1O/28/97 -COM /OP AGG. $ 2/0O /O ( ) CLAIMS MADE (X) OCCUR. PERSONAL &/�DV. INJURy $1/OOO/OOO CONTRACTOR'S PROT. OCCURRENCE $ 1/OOO/OOO ( ( ) } ! 7TMEDAMAGE (ANY ONE FIRE) $ 51/OOO | ( ) | | MED. EXPENSE (ANY ONE PERS) $ 5,OOO B (X) ANY AUTO ( ) AUTOS ( ) SCHEDULED AUTOS ( ) OS ( ) NON -OWNED AUTOS | ( > GARAGE LIABILITY '() --------------------------------- EXCESS LIABILI A| X ILA FORM ! ( ) OTHER THAN UMBRELLA FORM --------------------------------- C WORKE COMPENSATION Ak | EMPLOYER'S LIABILITY i ---------------------------------- OTHER BUA1O3O1168O7 1O/28/96 1O/28/97 COMBINED SINGLE LIMIT $ 1/OoO/OOO BODILY INJURY (PER PERSON) $***** BODILY INJURY (PER ACC) $***** | / PROPERTY DAMAGE $***** ------------------------------------ ------------------------------------------------------ I CUP1O3O11681O 1'Cl /28/96 1O/28/97 ! EACH OCCURRENCE $ 9/OOO/OOO ! AGGREGATE $ 9/000/OOO ----------------------------- -------------------------------------------------- (X) STATUTORY LIMITS WC 1O62658584 11/O1/96 11/O1/97 /O 0 O DISEASE -POLICY LIMIT $ 1/OOO/OOO ------------------------------------------------------------------------------- | | DISEASE -EACH EMPLOYEE $ 1/OOO/OOO ----_--------------------_-__------------------------------------------_--------------_ DESCRIPTION OF OPERATION ONS/VEHICLES/SP ITEMS 8e:Traffio Modifica Heil Ave., City of Huntington Beach. CC #1035. C.T. & F. # 3576. Certificate as Add'l Iuod per attached G17957_8. Coverage shall be primary 6 Non-Cootribu gatioo is included. + Except for ten days notice for non-payment of premium Vest, -St. be named of Subro- == CERTIFICATE HOLDER CANCELLATIO11 CITY OF HUNTINGTON �EACH PJ� BOX 19O / EXPIRATI ZIP CODE 9264D � ______________________________________________________ / AUTHORIZED TI��l� C A POLICY d&R CO 1030954027 For All the Comm tmenm Y a Make NAMED INSURED C T & F , INC THIS ENDORSEMENT CHANGES THE POLICY J�7�- LAC , PLEASE READ IT 16AREFULLY BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (called additional insured) whom you are required to add as an additional insured on this policy under 1 A written contract or agreement or 2 An oral agreement or contract where a certificate of insurance showing that person or organization as an additional insured has been issued but the written or oral contract or agreement must be (a) currently in effect or becoming effective during the term of this policy and (b) executed prior to the bodily injury property damage personal injury or advertising injury The insurance provided to the additional insured is limited as follows 1 That person or organization is only an additional insured with respect to liability arising out of a Premises you own rent lease or occupy or b Your work for that additional insured by or for you 2 The limits of insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations for this policy whichever are less These limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations The insurance provided to the additional insured does not apply to "bodily injury property damage "personal injury or advertising injury arising out of an architects engineers or surveyors rendering of or failure to render any professional services including The preparing approving or failing to prepare or approve maps drawings opinions reports surveys change orders design or specifications and 2 Supervisory inspection or engineering services Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary excess contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis THIS ENDORSEMENT IS A PART OF YOUR POLICY AND TAKES EFFECT ON THE EFFECTIVE DATE OF YOUR POLICY UNLESS ANOTHER EFFECTIVE DATE IS SHOWN BELOW POLICY CHANGE NO I EFFECTIVE DATE OF THIS POLICY CHANGE 1 10-28-96 COUNTERSIGNED DATE AUTHORI AXIVE 10-28-96 RICHARD tia vl G 17957 B (ED 09/92) — - -- - - -- .r;o /GCS GG�.L O�J to p� 5 5 POLICY EFFECTIVE 08-96 to 10-28-97 /p 3 5 ,3� POLICY NUMBER CO 1030954027 COMMERCIAL GAR L L►ABIL TO THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following C T & F , INC COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization (If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement ) We waive any right of recovery we may have against tl-e person or organization shown in the Schedule because of payments we make for injury or damage arising out of your work done under a contract with that person or organization The waiver applies only to the person or organization shown in the Schedule 1lr t r y so a CG 24 04 11 85 Copyright In-urance Services O rice Inc 11� 4� C 8y For All the Cam rnitments Yo. Make NAME OF ORGANIZATION ADDITIONAL INSURED L'e-/D3o SCHEDULE L/,�'_�� WHO IS AN INSURED (SECTION II) IS AMEDNDED IO I4CLUDE AS AN INSURED THE ORGANIZATION SHOWN IN IdE SCHEDULE, BUT ONLY WITH RESPECT TO THE OPERATION OF VEHICLES OWNED BY THE NAMED INSURED AND OPERATED ON BEHALF OF THE NAMED INSURED THIS ENDORSEMENT DOES NOT APPLY TO ANY OPERATIONS FOR OTHER THAN THE NAMED INSURED THE ADDITIONAL INSURED IS NOT REQUIRED TO PAY FOR ANY PREMIUMS STATED IN THE POLICY OR EARNED FROM THE POLICY ANY RETURN PREMIUM AND ANY DIVIDEND, IF APPLICIABL£, DECLARED BY US SHALL BE PAID TO YOU YOU ARE AUTHORIZED TO ACT FOR THE ADDITIONAL INSURED IN ALL MATTERS PERTAINING TO THIS INSURANCE WE WILL MAIL THE ADDITIONAL INSURED NOTICE OF ANY CANCELLATION OF THIS POLICY IF THE CANCELLATION IS BY US, WE WILL GIVE TEN DAYS NOTICE TO THE ADDITIONAL INSURED THE ADDITIONAL, INSURED WILL RETAIN ANY RIGHT OF RECOVERY AS A CLAIMANT UNDER THIS POLICY UCA 258 This endorsement Is apart of your policy and takes effect on the effective date of your policy, unless another effec tive date is shown below Must Be Completed Complete Only When This Endorsernerrr Is Vol Prepared w(th the Policy i Q! Is Not to be EfJecrrre with the Policy ENCT NO POLICY NO. ISSUED TO EFFECrIVE DATE OF THIS ENDOASSMENT BUA1030116807 C T & F , INC 10-28-96 ❑ Continental Casualty Compact' O American Casually Company of Reading Pap ❑ National Fx0 Insur_7nC! Company of Hartlord i [29 Transportation Insurance Company ❑ May Forge Insurance Company ❑ Transconlimmnlal lnsursACe Company ~ C �t Countersigned by Auth rized epresenlalive RICHARD S MCELVAiVY 4at�e 1�,9 '�3 is CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 23 1997 C T F Incorporated 7228 Scout Avenue Bell Gardens California 90201 CALIFORNIA 92648 Enclosed is a copy of the executed contract NN ith the Cit) 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 completed but prior to the release of retention funds In addition the follo«ing item must also be on file Mirth this office before the City can release any retention funds A NNarrant) bond guaranteeing the final amount of NNork and materials for one year If } our performance bond does not include specific NNording for a one }car NNarranty their a rider or separate bond must be submitted Should } ou 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 Connie Brockwa} CMC City Clerk CBjc Enclosure Contract Declaration of Satisfaction Certificate of Compliance Copies/bonds insurance g followup\cashcon (Telephone 714 536 5227) • • PROOF OF PUBLICATION i STATE OF CALI FO RN IA) ) SS County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid, I am over the age of eighteen years, and not a party to or interested in the below entitled matter I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of NOVEMBER 14, 21, 28, 1996 1 decla e, under penalty of perjury, that the foregoing is true and correct PUBLIC NOTICE NOTICE INVITING SEALED BIDS Executed on NOVEMBER 29, 199 6 I for CC 1035 Nonce is hereby given that sealed bids will be re- at Costa Mesa, California ceived by the City of Hun tington Beach at the office of the City Clerk at City Hall 2000 Main Street Huntington Beach Califor nia until the hour of 2 00 I PM on Wednesday De- cember 4 1996 at which time bids will be opened publicly and read aloud in Jla/� I the Council Chambers for the Traffic Signal Modifica tions at Golden West at Hell and Newland at Adams Project located in -- Signature the City of Huntington Beach A set of plans specifica tions and contract docu ments may be obtained starting Tuesday Novem i ber 5 1996 at City Hall De- partment of Public Works ! upon receipt of a non refundable fee of $25 00 if picked up or $35 00 if mailed sales tax Included Each bid shall be made I on the Proposal Form and } In the manner provided in the contract documents and shall be accompanied by a certified or cashier s ' check or a bid bond for not less than 10k of the amount of the bid made i payable to the Clty of Hun tington Beach The Con tractor shall In the per ' formance of the work and I improvements conform to ( the Labor Code of the State of California and { other laws of the State of California applicable thereto with the exception i only of such variations that 1 may be required under the special statues pursuant to which proceedings hereun der are taken and which have not been superseded I by the provisions of the Labor Code Preference to , labor shall be given only in i the manner provided by I law No bid shall be consid ered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with { the provisions of the pro- posal requirements Each bidder must be It censed and also prequali hed as required by law The City Council of the City of Huntington Beach reserves the right to reject I any or all bids By order of the City Coun cll of the City of Huntinggton I Beach Cahfornla the 4th of J November 1996 Connie Brockway, City Clerk Office of the City j Clerk City of Hun tington Beach 2000 Main Street, Nun tington Beach, CA 92648 Published Huntington Beach Fountain Valley In dependent November 14 21 28 1996 112 672 I 11,65175 I have received Maintenance Bond No 86SB101097306BCM Labor and Material Payment Bond No 86SB101097306BCM and Performance Bond No 86SB101097306BCM Re Traffic Signal Modifications at the Intersections of Golden West Street at Heil Avenue and Newland Street at Adams Avenue Cash Contract No 1035 Dated ' By • CJ I AINTENMINCE BOND r\lgOvV ALL MIEN BY THESE PRESENTS That C T & F , INC A CORPORATION BOND NO 86SB101097306BCM—M as Principal hereinafter called Contractor and THE IETNA CASUALTY AND SUPF TY COMPANY as Su et, hereinafter called Surety are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee hereinafter called Owner in the penal sum of $77, 955 00----for the payment whereof Contractor and Surety bind themselves their heirs executors administrators successors and assigns jointly and severally firmly by these presents WHEREAS Contractor has by written agreement dated March 24, 1997 entered into a contract with Owner for TRAFFIC SIGNAL MODIFICATIONS AT GOLDEN WEST STREET/HEIL AVENUE AND NEWLAND STREET/ADAMS AVENUE,CASH CONTRACT 1035 in accordance with the General Conditions the DraNings and Specifications whic i contract is by reference incorporated herein and made a part hereof and is referred to as the Contract NOW THEREFORE the condition of this obligation is such that if Contractor shall remedy any derec+s due to faulty materials or workmanship which shall appear within a period of ONE yeaKA from the date of substantial completion of the work provided for in the Contract then this obligatioi to bp void otherwise to remain in full force and effect PROVIDED HOWEVER that Owner shall give Contractor and Surety notice of observc d defects with reasonable promptness SIGNED and sealed this 8th In the presence of S 1223 F 4 8 day of April 1997 C T & F ,INC A CORPORATION (SEAL) Principal Title AE T rNA CASUAf Y 6 SURE i i COMPANY OF AhERICA By Kenneth E McElvany omey an Fact � C r may, a CAT 557 57 PRINTED IN 5 A Hartford Connecticut w56 - - — POWER OF ATTORNEY AND CERTIFICATE OF AL THOH[TY OF ATTORNEY(S) IN FACT ICNCWALLMENSYTTSES1N*XEKTS TTIATA£TWG►A1wLTY&3L)AErV`CO IPANTOFXPAEFOCA.atorpVratrondulyorgenu►C..,dwth411 n of tha Stan of Ccnn•cticut and htvr g iti pdnafoal Qnks n tM Cry of Hanford, Caunry o(Hartfa d Sute of Connesvcut hain made cornnurted and appm",od, and"" by thus pie" to matt, wtud uts and ppaint&i Ch a rd S MCE 1varly Keanech E McElvany or Elain■ Abboct - - of 0 n c a r i o CA Its truo and Lawful Momwir(0 7n-Fort w,lh full pow.+"autheAry h.rWy co..I.n.d to sign. a.odvu and actnawa.d4a. t any pie= wuhln ilre United Sala.. w T the fcao-frg It- be IW44 in ,..th.n the on.a theng d..+g- nefool the I011o y.rg r.UUu Alf2l by h arr,a soya sj.V wen and act -11 -d aL b�anda. " Usnes clwuv v d ndamnlry tend am wnUngt obllg Nory n th neon a of a Dona. rraeognerarr., orcor drinortal ^domdng aaad any end All Wrnalrta nt:fenr. thanes a11e1 a bk.d AETNA CASUALTY A SURETY COMPANY OF APAER)CA. thereby " re.Yy and re the &a n" gxtaer - d the ea m vows elgn.d by d.a a ly ayif i..:on%.e"*iAETNACASUALTY&SURE COWANYOFAMU46G.k ndaUt"xcLo/satdwttom.Y(ahkr-Fitt p� tath a hwlry h-*m tyvon we herby +>KXI.W "con(k -d. Thla aovantm.nt a made urww arrf by a 4Mr1rycf lM ropairing .suhding Rvsalulaono of sa ci Camoemr which iiaaoludon a s raw n f II Don: and necC VOTED} Thal aeh of rno fdtov.l g ofr-- _ a Irman Vfo Chairman. P rvda r Any Exatz,dvt Vfe. Prss.dant Any G two Executhn Any 5 nror Vtee Pmerdrn. Any Vc Poach t. A" Aa.rs»rr V'ce Pr.ala t Any S ctetary Any ^a grant Satraury may f on, time a l era apoo of Ratyd.nt Viet Pravda tx. Awa.rx icsa+atartr 3.e.uri a Anamt ya..n-Fitt and Agenn I act to and on behalf of th. Company no may gry ny such eopontee wtdt lullaaflry sa Ate c&mffeat. of ou0%one'r m Y pr.ter be to .gn wwh the Campe ny .arw and a I wltn the Company rs. 1 bonao j*=Qrw.nc... cA vscia g(Irtda+nntrty arW odter wr *V. lfg tory In ina nerve+ ( bond, .eognta nc. vend uonal a n zing .and wry or and onlaws a Uw 15 a d of 01r.ctor. fn y t nr tune tmovq ny urn lapalnles ana -tab tine powM 214 w ryg von him o It r VUTTt'U'TT turybw,drecagra�+nc�.cantrectoflndenvally Din�rllh+gablguorylntMnuvnofabo..brecopnlurxa o candt e.yr,A~A1ing sna11 bey i(d nd b-6u%q oon eht C mp.ny.ah nib) 19 rod try tine Chakme Use V"ce Qt■IrrttetL tM Pr.ad ne. n E.ealne Vip Prsaden a Graio E.PV urva a Sertltx Vie Prsa.dert a Vke Pr.ed Man AS I tans V ca Prepdani a by heard*,+. V— Presulant ourwant to Lha p roe pr.acnbed n» ttw C.rV1lc.ca of ihonry of loch Rewdant Vice Prasyd L and d y amend end saeyad w,dt Ins Co.npw y s..e1 try 5o any w Aea.Soot S ewea ry a by a A ee+d en r Ace nt•a nt 5 *crj to ry ptr rue nt to the pow -or pfeombe d n rha u rt111Caf a o I a H W ar ry of such Redden. A as rstanf Savttaey-or(bfduly .:+o.cedfuoxwel 1r.asiredltry an.orr Anorrxyrin-Feuw.rswruto"poMarprrscrbed nhsutMtrunricate orcirnfir-al.tof utr.orlry Thla Po+m of AttorrwY •red C fkePa of Au s�.ey u r4�nee rind ..aLd E y fecatsnti. undw .red DY ue dw .1 V.. (raylaw.rg 31-." fusel lion voted bT the Aowd of Olkecters of AETNA CMUALTY i SUvi.M CX"A(YY Of AhtEPJC l ♦ ft" Aeastudon is ur.e e.+ (W I faro and elf cc YOTEO, That the apnowrs of each 1 M4 laliearlrtg cKksrs: Qta.rmorc Vka C ha rrr en, Pruyaanr Any Exewtnv. Vies Pr..lO.nt AnY Gra,p Exaair.. Any Senor Vira Pni.dant Arty Vie. P-v-d4ej. Any Asaizl of Yea Prudent Any SecrvjWy Any Asa.sum Sayst ry d lh seal l th CorrQ«ry may be atilxed by l.oarrtde to any power of norney a to arny CwrHnW rel.t rV Iinoreto opoo,^ung R sod nt V1Ce P eelo.nrz Resale t Aaslaunt Seroet..n.a arAnom.yrin-FeG !ar p..rpoa.a.NV d x0n 0g ana atieedng Go da and und.netingo ana oth a.r Qs 0bl.0atory In mo rWaa tta.r.of red SMY mud, po vi aeomey or cwvncolm b.arurp torch facorml sgMrun W faesknJ. seal it be lid arw aiming upon n eempaervondeny.urhoo.+er ae asecvt.d wdc>,NF.W ay itch fecstm i. segos. •aid leormJ. v.l .inW D.yeMo and b dug penlhe ComprnY n t(w future wrath rotpou to any bond at Meruzing to wroth n !s aaacnd IN WTTNFSS VJMEAEOF ALMA CAZUALTT Ee SURETY COWANY OF Ah+EPoCA ttto a sad that nrsuumem to oe s+gr..d try its Vtca riesident ana remrpo.lalsaaltabefwnla Mtdlnla 3rd day at November 1395 AETNA ALTY 6 SUffETY ANY OF AAAERiC.A Srau of Oannacifcut i _ � sa. Hanftud � f BT' Cawncy of H,wtlard '' ' ••r't Vka n; On 11ta 3 r d den, of 11 o v e to b e r is 9 5 b.for. m. pw.a^•i1Y -.* GEOyIOE W THOAaP%Oft to md, known who Doing by me duty moot. dw CatWte and set^ that hersne I■ vk. Pro.ida,t of ALTNA CASUALTY A SURZETY COMPANY OF AWRk= . h COfparW rM d..cf10W In «>4 w+t(CA ea.euted pre above Lira--,L VH4 r.erarw craw. ow -.1 of God esrporalfon that 1h. seat afTtxed tv 1h. sa.t veuvnent )s rratYt earporav .et and Net h.raM aseCVl.a Doe scrod utowrP.flt an pMetl of tM ca porat.dn by •vtr.R ry f A vna lI urtwr the Suw.4" AcookAwrte d-woo? ll.felltfd A cb flora CTFMF CAn L lti ,.,brrlgrwd. AmbLv.w soo rtwy of AtTIiA US uALTY h supXTY C IPANY 0 F AM91 CA ■recta c.rvoralion d the Su w of Carv..csca.a_ 00 HERESY CERTIFY theta- (ar.g—M anal ars acr-d id . 1 Am rney ar.0 Cerorcase (Ar.trnerlry rwa�ra n has fora end n r na Dean reysts and huuwrmam this t!w Slandtng fle.e(ts+arts of p.. (Board o1 Cwrctem 1a sat torah ut the GentT.car+ d Aanhortry are nor• rn fora Signal ana SoaJ.d u the Hann OMc* of ow Cornoany In uw Gty of Hereford. Sus of Corn.ava.t Oetsd ?ye A aril '� y7 S-1Las G 7W 8 t h d"r of CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C` State of California County of San Bernardino On April 8, 1997 before me, Alice M-Cherbak, Notary Public Date Name and Tdte of Officer (e.g., 'Jane Doe, Notary Public') personally- appeared Kenneth E. McElvany Names) of Signer(s) E75 personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(K) whose name(4 is/,--f6subscribed to the within instrument and acknowledged to me that he/sMtiy executed the same in his/Wa€XXDW authorized capacityW, and that by hisAF %Acsignature(:6) on the instrument the perso!-6�1 or the entity upon behalf of which the person(s) acted, 4 _ �•c, c�4�a executed the instrument. N 'b:. =' i WITNESS my hand and official seal. ` r Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 86SB101097306BCM Document Date: April 8, 1997 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Kenneth E. McElvany ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General Z Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator t ❑ Other: Top of thumb here Signer Is Representing: Aetna CAsualty & Surety Company Number of Pages: 1 Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator j ❑ Other. r Signer Is Representing: 0 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7164 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Cal Toll -Free 1-8004M-6827 LABOR AND MATE16L PAYMENT BOND AETNA CASUALTY COMPANY OF AMERICA HartforARETY nnecticut 06156 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS 86SB101097306BCM (Incl Perf Bond) that C 'I & F ,INC A CORPORATION, 7228 SCOUT AVENUE, BELL GARDENS CA 90201 (Here Insert full name and address or legal title of Contractor) as Principal hereinafter called Principal and AETNA CASUALTY & SURETY COMPANY OF AMERICA of Hartford Connecticut a corporation duly organized under the laws of the State of Connecticut as Surety hereinafter called Surety are held firmly bound unto CITY OF HUNTINGTON BEACH, 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 (Here insert full name and address or legal title of Owner) as Obligee hereinafter called Owner for the use and benefit of claimants as hereinbelow defined in the amount of SEVENTY—SEVEN THOUSAND NINE HUNDRED FIFTY—FIVE AND NO/100----------------------------- - ----------------------------------------------------- Dollars (477,955 00--------) (Here insert a sum equal to at least one half of the contract price) for the payment whereof Principal and Surety bind themselves their heirs executors administrators successors and assigns Jointly and severally firmly by these presents WHEREAS Principal has by written agreement dated March 24, 1997 entered into a contract with Owner for TRAFFIC SIGNAL MODIFICATIONS AT GOLDEN WEST STREET/HEIL AVENUE AND NEWLAND STREET/ADAMS AVENUE, CASH CONTRACT NUMBER 1035 in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof and is hereinafter referred to as the Contract NOW THEREFORE THE CONDITION OF THIS OBLIGATION Is such that If Pr nc pal shall p omptly make payment to all cla mants as hereinafter def ned for all labor and material used or reasonably requ ad for use In the performance of the Contract then th s obligal on shall be vo d otherwise it shall rema n n full force and effect subject howe er to the follow ng cond tions 1 A claimant Is del ned as one ha ing a d red contract w th the Principal or w th a Subcontractor of the Principal for labor material or both used or reasonably requ red for use In the performance of the Contract labor and material be ng cc strued to Include that part of water gas power I ght heat oil gasoline telephone service or rental of equ pment d racily applicable to the Contract 2 The abo a named Pnnc pal and Surety hereby iol fly and severely agree wth the Owner that every claimant as herein defined who has not been paid In full before the expiation of a period of ninety (90) days after the date on which the last of such claimants work or labor was done or performed or mate lals were furnished by such cla mant may sue on this bond for the use of such claimant prosecute the surf to final Judgment for such sum or sums as may be lusty due claimant and have execution thereon The Owner shall not be liable for the payment of any costs or expenses of any such suit 3 No sud or action shall be commenced hereunder by any cla mant a) Unless cla mant other than o e having a d act contract w th the Principal shall ha e g an written notice to any two of the follow ng the Prncipal the Owner or the Surety abo a named within ninety (90) days after such claimant did or performed the last of the work or labor or furnished the last of the materials for wh ch sa d claim Is made stating voth substantial accuracy the Signed and sealed this 8 t h day of April amount claimed and the name of the party to whom the materials were turn shed or for whom the wo k or labor was done or performed Such not ce shall be served by ma I ng the same by reg stared ma I or certified mall postage prepaid In an envelope addressed to the P c pal Owner or Surety at any place whe a an otfce Is egularty me rile ned for the transaction of business or served In any manner In which legal process may be served in the stale In wh ch the aforesaid protect Is located sa a that such service need not be made by a publ c officer b) After the exp atlon of one (1) year follow ng the dale on which PH cpal ceased Work on said Contract rl being understood however that if any I mrtal on embodied In th s bond Is proh b ted by any law controll ng the construction hereof such I m latton shall be deemed to be amended so as to be equal to the m n mum period of lin tal(on perm tied by such law c) Other than In a slate court of competent fur sd d on in and for the country or other pol ix:al subd vision of the state In which the Project or any part thereof Is srtualed or in the United Slates D str d Court for the district In which the Project or any part thereof Is situated and not elsewhere 4 The amount of this bond shall be educed by and to the extent of any payment or payments made in good fa th hereunder Inclusive of the payment by Su ety of mocha Ks tens wh ch may be f led of record against sa d Impro ement whether or not cla m for the amount of such I an be presented under and against th s bond 1997 FA C T & F , INC /A CORPORATION // (Pnncipal) (Seal) (Witness) `. (Title) �j AETNA� ALTY & SURETY MPA ,QF�AMERICA (Witness) By .� kt Attorney In Fact Kenneth E McElv Printed in cooperation with the American Institute of Architects (AIA) by Aetna Casualty & Surety Company of America Tl- language in this document conforms exactly to the language used In AIA Document A311 February 1970 edition S 1870 E 3 (2 95) Page 2 of 2 OALIFORNIA ALL-PURPOSE tKNOWLEDGMENT • State of California County of _ San Bernardino On April 8, 1997 --befiore me, Alice M..Cherbak, Notary Public - - - Date Name and Me of Ofrwer (e.g., -Jane Doe, Notary Pubfic') personally. appeared Kenneth E . McElvany. Names) of Signer(s) 25 personally known to me — OR'— ❑ proved to me on the basis of satisfactory evidence to be the person(t) whose name( is/Msubscribed to the within instrument and acknowledged to me that he/skiy executed the same in his/l*eXXCPf authorized capacity , and that by his/l €A#signature(6) on the instrument the person, or the entity upon behalf of which the person(s) acted, ALIC'~ t C''' .1 executed the instrument. I ,,. r� c, WITNESS my hand and official seal. V. C '' a rf Signature o1Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 86SB101097306BCM Document Date: April 8, 1997 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Kenneth E . McElvan ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General Z Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator I ❑ Other: ITop of thumb here Signer Is Representing Aetna CAsualty & Surety Company Number of Pages: 1 Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Top of thumb here 3 � S 0 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7164` _ ` - - Prod. No. 5907 Reorder. Call To7FFree I.800.876-682 r Hartford Connecticut 05156 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) IN FACT KNOW ALL MEN aY T"959 PREVENTS TKAT IIETNA r XL1A. TY d sURE Y COWA NV OF AMEFUCA . A corvoradon duly o rg any ad vKGat" laws of the Stan of Conn.nkut, nd h.vmy,t, p6mcloal oRks n the Cry at K4.mford, County of Hanford Sate at Co recacut, hasn made constituted and a ppar(ad and do" by th aae pe seen to matt, cnndl ua and p poi i Ft L c h a r d 5 tic E l v a Try IC ra m e t h E McElvaoy or Elaine Abboct - - of O n c a r 1 o CA Its trvq ar,d lawful Arc rna►IsNmF. f. -In fuu pow- and a.AF erfey hereoy oo jw-.4 to sign. a Lsf and acat+awt.d9a, t any peace rruhln the Unitad Sates. or T the foao.•k+g Iln. be IVisd In -th- ih. area thore doh} na tad the follow," xsstr..n.r,tlal by Iuaah. said sgnmwv nd set dray and W bonds. seed. Itaexae cannr Kss of ndoninlry and olr wfMkrlge obftg Wua y n th. naW a of a Doml. rsr»gnatano.. vcvn�iaea,at •aridertadng and a^y and all wns.rxs r therm aM w bkd PATNA CASUALTY Ilk SURM t-bMftNY OF AASER)Ck thweby«f-Uy.-d»IAle aarne aaft.e- d the "Me wwt aidred by c+s• hf a.liha-i 'omur tefAE7NAC%SUnLTYi SUP.L"CowANYOFAMEFOC.A a f1.uth.acuo(sald Atiorn.t( I -In -Foci twrswe trash .,.tn.rjry h.r./n gfwn we h-.by r CKUa and eonfk-td. This mmg-otm.M s made under aN by avutonry of lrw foNa.r.ng .atanolnq rr1ef.aIW( a of aa.d Comowry which Raeohedon a now n full face end Pf-= VOTED - That oarlt DJVW foIjovA g oM3e+r& Chalnr.sn Vfn Ch Irman, P ►sods f Any Eaaeudvt Vfa Prss,d.nt Any G ovp Eaaev tv. My S -or V,u PTvokw c Any V'ca Pna,dant Any Aat WeA V"*cn Prsala nr Any 5 crafary Any Aawmnt S.cr Lars may from time o i na. goo nI Raticarx V cs Preach u, Rsardanr F.aarat+rx Secat&ek* ARom.yf- e-F*c and Agonfa W act to and on b.nalf of to Company and may gns y s(fch .op-tod stwen sua+arey w hla cardfkate of u+tnnr+ry m y prsscnbs la .9. wwh lbe Comparry - and a of calm th Co P_ cs I bonne rscoaraq nc.+, canusna 9(ir-4-ry and o(har,.r vgs 119 Cory In the narurs ( bond. scognlsar m cond t~ I v a n zing end y oI erd orrcw or the board at OirKiora rat y I ny IWW emar. y "A aapolntae and a.alt. the poorer Ind % h ry 9 van him o h r VUTMTTta artybond.r.cogn.fanei,fr7r,Pa[Toflndarf.nlry oc"ritlf.gebl9atoeylnthena(ureofabondiec sizama, o cardlondundensting snail be v lid and b-dA q non the C mo" I.h n (al Ign.d try the CTakm. Ilw Yea CalrmwL ell. Provo nt n Eaecwrve Vice Prtfrdan a Group Exvc,, era, a Saucer Vices rr•sd.m. a Vlcf PrwdznC an Afalatan( V ca Pr►Vdar1 or try a R.atdar(Yo Primer/. pulsua ( 1a ,h. p ... prss,bod ut the cerVacat, of CoW of tech R.ardant Vice Pr".6d rat and d y amend end seal.sd w,.h the Comois" s a.ui by S.crf ary or Asa.stant Sweaty w by RaWsnrA";*Unt Savo Lary P,rswnttorh.pe.rsrpresrnbed th.urtinem ofautntrrryolsucn Resida tAaara(an( SaeaTarroribi July .mread(t isif6w:.al I requJradi by one or rrrx. AAwr,*ya-IrrFaU fH.rs mLo IM power prg*crnbed nhs or tnelr can f"Kat• or can riicalas of suo+oriry Thla Pawrr (Ane rwT .nd Caedfkale of Au ),wdY b N nod snd.ad.d by tactLwAa ur.dw and by a.thartty e/ W (nLcw..g Sl.r.darq fiaael teen wted by the bond at Olraettrs of AETNA CASUALTY i SURETY =hWAFiY OP AJCUILIC . ,nhi ch Resewdon Ile ow n tWi Forceand IT cc VOTED- That the fagnsufs of each ( tit. lallewing gKkxrY CN w en. Via Cbaam.an rrsaid nr Any Er.cr ifrs Irks PTMkianf "(croup Eiaoa r.. Airy Senior Vro. Pnsadant Any Vice Prs.rd.nt Any Aaata(ant V- Prsudant.Any Socrsiory Any Asa.sum Sacm ry and th cal of %he Corrap-.y may ba rft.ad by (a raiw to any power of non..y or to Lary arullW ra{.( n9 tnera(o oppovuang R srd ns vice Prsalo.nrs R.a.da t Aaa.awn Saystarr or Anon aye-in-FeG (or purpose. Wy of :sosang &na atuadng Dandle o d und.naainga and oth r i gs o"atory In no r Aw Roar.*# nd any such pc. of aeomer or wren faez l srpn.tureerfacrknWseal n fiber lWandbinal gupon h Company caw airy a.rdt pcweraooaecvttrd and cardrmol by vch facsrm 6sg9 ( and (.carmJ. v.l shaL OevarW •r,db d.nq ponlha Company n doe h q,,_ with ref pea to eny bond o nderias/ng to wf+ch a is amac,.d. IN WITNESS VeMETLEOF AETNA CAZUALTT e( SURETY LOW"if OF AA%Cf4UA rat aus.d that nluumsm so b. a.gn.d"Its Vice rr sieent. and ns coepor at as f W ba touted rnx fd Inlf 3rd day of tf o V e a b e r 1395 r. AETNA ALTY 4 SU/1ETY W ANY OF AMFAtCA $rare of Co actkatt iE ss. Hartford County of 1t w"ucrd ! eery Vice r.a On thra 3rd dry of November is 95 bafore m. pa v,..Lir -run CEOAOE W THONUMON to me ttno-n who Doing by m. -iy s.ror % tfw capon anC soy- that hei" is Via Pr 161 t of AE NA CASUALTY a sup--ry COWANY OF AWRTCJ 11, porporel+on Oefotlpea h and wf.tcJt aaaa.tW LM abo.. Inmurt..nL 1f..( Mhfe tnawf a.a oral dl a e/d txrpwasb that h. sad alTtaeo to tha takil arerrvr.ant hs *wCn c*r'pOfa[a ivafL and W t haiehe e'a1►'LI W In. sad tAa WrT+erti aA bMflt e( IM corpo(at.eh Hy atru•or ry of h ./Tf. IT a vr1(Nr the Stws.-" ts" W4WM tiwwt -�'tir � Lay m..n.aree .q.w Mwrrar 1L ,eta M. rwT M1.Or+ Hoed not R Livia++ CE;MF)CAn L,ra ,..d.rsfpned A�isans onn 7 d ALTNA CASUALTY as SurLE TY 0060ANY OF AM11111 T- a ttpcl ceroaration of rho SLAW o1 Conr...::�tvl Do liREdY CpAYtiY that M (oraqu.Ip and attac(+.d rooter 1 Ana rn.y .r-0 Cora zeal. t A.rtAnray I�M.aa m full fore ar.d r Y rtrx b+en teroas¢ arq (trrnwmert. thn ttse Siandlrrg Resv(uraryu of TAe tSOard o/ Duaaor>L as ear forth n era CanlTiaata d Aulhyrrty ors na.. to fora SW.od and Soalad u tha name O(rka a( VW Company In Law Cety of Hest(ond. Stele of Car..aclaed. 0otod tuts 8 t h day eH -1 )r11 13 y % 001, S-7sy5 G !Si Aar4tM ieR71.rY Lai _�- � �--��---.-->•a.,c�-i "'*fib PERFORMANCND AETNA CASUALTY'PURETY COMPANY OF AMERICA Hartfor Connecticut 06156 KNOW ALL MEN BY THESE PRESENTS Bond No 86SB101097306BCM $479 00 that C T & F ,INC A CORPORATION, 7228 SCOUT AVENUE, BELL GARDENS, CA 90201 (Here insert full name and address or legal title of Contractor) as Principal hereinafter called Contractor and AETNA CASUALTY & SURETY COMPANY OF AMERICA of Hartford Connecticut a corporation duly organized under the laws of the State of Connecticut as Surety hereinafter called Surety are held firmly bound unto CITY OF HUNTINGTON BEACH, 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 (Here Insert full name and address or legal title of Owner) asObiigee hereinafter called Owner intheamountof SEVENTY—SEVEN THOUSAND NINE HUNDRED FIFTY—FIVE AND N0/100--------------------- Dollars (S 7 7 , 9 5 5 00 — — — — — —) for the payment whereof Contractors and Surety bins themselves their heirs executors administrators successors and assigns jointly and severally firmly by these presents WHERE4S Contractor has by written agreement dated March 24, 19 97 entered into a contract with Owner for TRAFFIC SIGNAL MODIFICATIONS AT GOLDEN WEST STREET/HEIL AVENUE AND NEWLAND STREET/ADAMS AVENUE, CASH CONTRACT NUMBER 1035 in accordance with Drawings and Specifications prepared b (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof and is hereinafter referred to as the Contract NOW THEREFORE THE CONDITION OF THIS OBLIGATION is such that if Contractor shall promptly and faithfully perform said Contract then this obligation shall be null and void otherwise it shall remain in full force and effect The Surety hereby waives notice of any alteration or extension of time made by the Owner Whenever Contractor shall be and declared by Owner to be in default under the Contract the Owner having performed Owners obligations thereunder the Surety may promptly remedy the default or shall promptly 1) Complete the Contract in accordance with its terms and conditions or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions and upon determination by Surety of the lowest responsible bidder or if the Owner elects upon determination by the Owner and the Surety jointly of the lowest responsible bidder arrange for Signed and sealed this 8 th day of April (Witness) a contract between such bidder and Owner and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under thi paragraph) sufficient funds to pay the cost of completion less the balance of the contract price but not exceeding including other costs and damages for which the Surety may be liable hereunder the amount set forth in the first paragraph hereof The term balance of the contract price as used in tf i paragraph shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto less the amount property paid by Owner to Contractor Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs executors administrators or -successors of the Owner / 1 (Witness) By 1997 C T & F ,INCZ A CORPORATION X (Pnncipal) (Seal) P (Title) AETNA CAS STY & SURETY COMPANY OF AMERICA Kenneth E McEl,� Printed In cooperation with the American Institute of Architects (AIA) by Aetna Casualty & Surety Company,of Arklerrc Thi document conforms exactly to the language used in AIA Document A311 February 1970 edition \ Attorney in Fact language i- this S 1870 E 2 (2 95) Page 1 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On April 8, 1997 i---before me, Alice M..Cherbak, Notary Public Dale Name and Title of Officer (e.g., 'Jane Doe, Notary Pubr) personally. appeared Kenneth E. McElvany. Name(s) of Signers) 29 personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person ff ) whose name( is/c66subscribed to the within instrument and acknowledged to me that he/ss�iy executed the same in his/l R# authorized capacityW, and that by his/I�*signature) on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. E. _ r.Li WITNESS my hand and official seal. - X Signalbre of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 86SB101097306BCM Document Date: April 8, 1997 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Kenneth E . McElvany ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General 21 Attomey-in-Fact ❑ Trustee vil ❑ Guardian or Conservator " . ❑ Other: Top of thumb here Signer Is Representing: Aetna CAsualty & Surety Company Signer's Name: ❑ Individual ❑ Corporate Officer T(tle(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here f� w rllfl/If11111111.1111Jlfllflfllfll. /lllllJJlIJ'lr/l_111. r. �llfJlll/llll�ff�ll�l Hartford Connecticut 061% POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) IN FACT K?aOWALL MEN ByTmozzPR£ rfrs TKArAETNAcA Iju-TY&suREY1'COWANYGFAASFR>tAacorpor.ttondulyurgenued- aftheIs- of the Stato of Conn.ctkuL and having Eta 964010al offkv n th$ CC(Y eI M4ntord, County of Ha ford Stan o(Connemt %K haln mods mh!witutad wnd apgo "da. era days by Ihate prsw to met*, cmuAJ u 1a and ppaint Richard S Mr 1Ya my 1Ceanech E HcFlVany or Elaine Abbocc — — of 0 n C a v i o CA Its Irvo artd Irwful Am rrtey(sf-Inf.ca, -th full power end s Aho," hsreby aonlery.d to ikgn_ aacuta and aGmavdadg.. t sny piece wNhhi Ihv Unitad States. tx T In* fdiasaing line be IVisd In vertfr+ III. ores than deoiq" resod the (ollow" rssNunfenllsl by mwVrta safe sgnsrwe nd act trey and aL bonda, " Iterresa conrraaa of ndemnlfY and 19M wrnings oblEgatwir n Ih natu a of a bond. w"na,ance. or curd+ .o..et undamdno and tvry and all wnseots nad.rlts thereto A" to band AETNA CJLSUALTY i SURETY CCMPANY Of APAERIC. lhoradY N IWtT -d» th* arms or4aot u d the Sam wwe.larwd by dse •wIV arch-ix.d-Vk-aof AETNACASUALTYitSURMCDWANYOFAMVUr-1 end sY the scu o(sad Anomry4a14n-Fxt pa.swotr. h "v it airy h-*,Vi TfVen we h=aby r.utf.d "wniMnwd This avco.ntmarn f mach under anJ by suunoncy of Ire louarr,ng .tlahoing Rrco1v4—s o(aa.d Comgorry which Rtioludons are nary n full fan: pal Pf-= VOTED- That each of CIO fol)o,• g Kh-sm CTlsinTan Vie CT Irmon. P ►pdo I My Esacudvo Vic* Pres,d.nl Any G our E:acudve Any S Tier Vtn PresedvIK Any V-ce Pnaa,es L Any Afararees V"*ca Preeld nt Ary S rratary Any Aowetanl S.cnuti may f om time a I me appo of Rssieorx Vice Prewda u, 1lsaldent Xaawt.m S. wuuise Ati l- f,,t.n-F+ct a d Agsntd t act fa and on behalf of the Company na may give y sacJt eppuntse even autnajty"NA csrdficste of ""Aacdy me prascnbv to qn oath the CGmparry — and 1 with the Campemr cs I bongo wJ;oQnrb—r canuvcla o(Indarrwvey end odwr-, t+nga ollgaiwy in th a*tv . f bored. acog is M And uaeai dons 1r g end any of and oR)Csrs r Uw So-d ( 0(mcton m V I ny ttnle arilav• ny "h appal 1 e and evaie the powrw and w n ry, g von htm o h r VQTVD-Th I airy band. reoagrµrarteS COnUVU of IndSM-niry orwritkrg cbl guoev In uw nswre of a bon4 f"nilAflCa o con4 t on.l uAd0nakInQ shall of v ild snd b-d.eaq pan rho Comp" wh n (al signed by Inc Chalrm I Ute va Cl irmerl Ito Prafrd nl n Executive Vlco Prvardenl a Group E:ocuuvx a Senior Vkv thxrdsrrl a Vke Prod nC en Ay istant V a Pres.dahl dr by a Reardon* Yea Pr.nd.OL Purwa a to the p roe prsacnbed m Eno cwvffcww of Ittdrity at fuch Raedrtt Yke Preelde L and d ti errand wtd zvf wd wnrh Ent Company t Veal by Seantsry w Asa leant SsaMry yr fey a ReWontAura{a tK Secreury ptafaW nt to tree per.+ar presrnbod 11L urtlnule of author n of anion fl sldfnt Aasrstant Saver stY or lbl u1y .a�nrted (tAtOx coal fragWrsdi try crw or rr. And roysin-Fect ty+r to to the po"ar prssrnbad nhAwiMircen YK-sle p cam Gcstee of suoh airy This Pafrer o(Attarrwy...d Card fIcaw o(Autbw.ty fe sljnss end s..1.d by hwsUn" under end by Ifen rated by the bard of DUectars of AETNA CASUALTY 41 SURF[Y CC?.VANY OP AMERMCA. whom Raae(uliwt I wee rn IWI force snd off cc YOTED- That th■ signatury of each f the feltar.ring ottkvm (7tswmarl Via Chvm m Frssidenr Arty Ea - V'.es Prseida r ArtY Grow i:.. i-w Any Senior Yya PmudehL Any Via Prvr dent Arty Aaalusnt Yo Pnardenl Arty Sacretary Any A-tusunl Satre fry d th .eel ( the Cwnp-y reey be 111ied by f. tine Io any pourer of norrwy a Io any Cw9t1kw r.tel ng Inororo opparnung R sad nt Vice P ssioeers R—In I Assinam Sev►I.ne.erAnwnsya-Irrf ea for p..rpoaea sNyd xwcueng And atuadng Donal and undena.4ngs and oth .v, ngs "siceyln no halt. Ih.r.ot red airy ouch po..w of eo,may or I7rtl(ket b.arintr seat faCsltrul arpnefure ar faoahnrlo •eel h it bs slid snd bk+ding upon n Compamandarryssrchpowraraeeerezrtad,+dCwt.16dtry suehfecum654gna and(starmd.a.lahaLbevalldsndb danq pa th Company n hie tuwrs .erh raepecz W any bond or ndertadng to wtl ch n (A adacted. IN VYTTTIFSS WtiEREflF AETNA CASUALTY Ik SUftM COLWAfYt OFAtME117CA has a sad this muum nI to b. s+q reed fh in Vice t'ya al sleet and u typo of teal tD ba tmmw Mead ints 3 r d day of t(o v e etb e r is9 5 AfiTNA ALTY 4 SURETY CO ANY OF AIMFAICA Srata a( Cd haakut f � 1 sae Hanford Cavnry of Haruard Vks ru 0. Ehu 3 r d day a Y o v e m b e r is 95 before me perno-0y erne QEOA01 W THOMP'SON to ems ono, ssno Doing by ma duiy awo.n, sofa Canon and Lair that ?wane Is Vks ft-Went of AETIYA CASUALTY A SUM-rY CDMFANY OF AWFLIC- . th rn+rpovfu art Oes,crlp.a,d 4n era urhleh eaaeyt*d CM a-0a.e Inso„n vL tM/ Mh(w snow■ cr- teal of s bid MVOrwia. that Ih. s M ali1ed w I rw taut -,rrv..e A (s Void COR10rlV teal and Ih I huf M 4womled Inc s d rnawrnent on behalf f Inc ea palatan Iry avtnw IV f Marh.r If a vIwmf the Stae" Raeakr49ne Owwt y0"�r.. uy - - ..y.es Mwweer a �2�C-J2-- 3Q. 1 SSA M a lwy F.4- fiesaltred R Carf.aa. GATT MATE L Eh. ur,d.nigrwd, A-.Lnarn Saoh.t" e(ALTNA GS UALTY: sLx,LM CONEANY 0 F A&40DCA a rocs cer9dratian d tha Su u o(I;r...--+-n.L 00 it£RPdY CE1tYFY Ina* n. (aregtxq wd sutsctw0 Poor 1 Am rrwv erw! Cwafeeta I A..thaery rtrs+-v m fu i faro artd n r wet base mve a. srsd furawrrm rv, thn I!w Sialtdng Re+vh.00tu of tna board of 0vvC%ors, as sae (0 h ra the CanlT.cal. of A,Atw.rty a.* now to lord Slgned end Sealed eA rite Hom* OfT O(Vw Company In the City o(Hank.v. Ste" 91 Cwv..cua.L Oslvd thin 8 t h day of A >r11 13 y % l w, I4Y G.A aeaia AsrManf Sisson"/ _ S-2 9-35 n 151 T CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND C T & F FOR TRAFFIC SIGNAL MODIFICATIONS AT GOLDENWEST AT HEIL AND NEWLAND AT ADAMS (CC 1035) 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 COMMENCEMENT OF PROJECT 3 5 TIME OF THE ESSENCE 4 6 CHANGES 4 7 NOTICE TO PROCEED 5 8 BONDS 5 9 WARRANTIES 5 10 INDEPENDENT CONTRACTOR 6 11 LIQUIDATED DAMAGES/DELAYS 6 12 DIFFERING SITE CONDITIONS 7 13 VARIATIONS IN ESTIMATED QUANTITIES 8 14 PROGRESS PAYMENTS 9 15 WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES 9 16 AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17 WAIVER OF CLAIMS 10 18 INDEMNIFICATION DEFENSE HOLD HARMLESS 10 19 WORKERS COMPENSATION INSURANCE 11 20 INSURANCE 11 21 CERTIFICATES OF INSURANCE ADDITIONAL INSURED 12 22 DEFAULT & TERMINATION 13 23 DISPOSITION OF PLANS ESTIMATES AND OTHER 13 24 NON -ASSIGNABILITY 13 25 CITY EMPLOYEES AND OFFICIALS 13 26 STOP NOTICES 14 27 NOTICES 14 28 CAPTIONS 14 29 IMMIGRATION 14 30 LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31 ENTIRETY 16 3/k/hed/3/20/97 V CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND C T & F FOR TRAFFIC SIGNAL MODIFICATIONS AT GOLDENWEST AT HEIL AND NEWLAND AT ADAMS (CC 1035) a THIS AGREEMENT made and entered Into this 3rd day of Lm February 1997 by and between the City of Huntington Bed a municipal corporation of the State of California hereinafter referred to as CITY' w5d �+ C T & F INC a California corporation hereinafter referred to as CONTRACTOR WHEREAS CITY has solicited bids for a public works project hereinafter referred to as PROJECT more fully described as traffic signal modification at Goldenwest at Hell and Newland at Adams in the City of Huntington Beach and CONTRACTOR has been selected to perform said services 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 plans 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 connection 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 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 3/k/hed/3/20/97 1 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 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 CITY s standard Plans and Specifications and special contractual provisions including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY and any revisions amendments or addenda thereto D The 1995 edition of Standard Specifications for Public Works Construction published by Builders News Inc 3055 Overland Avenue Los Angeles CA 90034 and all amendments thereto written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee E Bid documents including the Notice Inviting Bids the Special Instructions to Bidders and the CONTRACTOR s proposal (attached hereto as Exhibit A ) 2 3/k/hed/3/20/97 LI • • F 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 Seventy Seven Thousand Nine Hundred Fifty Five Dollars ($77 955) as set forth in the Contract Documents to be paid as provided in 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 to completion within sixty (60) consecutive calendar days from the day the Notice to Proceed is issued by DPW excluding delays provided for in this Agreement 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 3 3/k/hed/3/20/97 w► • 0 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 provisions 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 of 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 CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW 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 4 3/k/heii/3/20/97 • • CONTRACTOR by CITY CITY does not warrant that the work will be available on the date the Notice to Proceed is Issued In 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 of the contract price to guarantee the CONTRACTOR s faithful performance of the work one in the amount of one hundred percent 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 of the contract price to guarantee payment of all claims for labor and materials furnished 9 WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including but not limited to any workmanship 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 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 and employee of CITY CONTRACTOR shall secure at its expense and be responsible for any and all payment of all taxes 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 5 3/k/hed/3/20/97 11 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 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 ($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 herein which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason 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 or 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 to CITY or by damage caused by fire or 6 3/k/hed/3/20/97 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 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 claims 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 12 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 do 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 7 3/k/hed/3/20/97 13 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 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 facts 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 14 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 payments 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 8 3/k/heil/3/20/97 • • (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 has been performed in accordance with the terms of the Agreement and that the amount stated int certificate is due under the terms of the Agreement Partial payments on the contract price shall not be considered as a acceptance of any part of the work 15 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 16 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 PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material except certain items 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 17 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 18 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 9 3/k/hed/3/20/97 • • CONTRACTOR s employees and damage to CONTRACTOR s property arising directly or Indirectly out of the obligations or operations herein 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 19 WORKERS COMPENSATION INSURANCE Pursuant to Cahfornla 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 20 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 10 3/k/hed/3/20/97 shall also Include automotive bodily injury and property 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 21 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 pay in a prompt and timely manner the premiums on all insurance policies hereunder required 11 3/k/heil/3/20/97 • • 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 22 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 23 DISPOSITION OF PLANS, 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 24 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 25 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 12 3/k/heiU3/20/97 • any financial interest in this Agreement in violation of Califomia Government Code sections 1090 et seq 26 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 materials 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 27 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 28 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 modify amplify or aid in the interpretation construction or meaning of the provisions of this Agreement 29 IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall in particular comply with the provisions of U S C Section 1324a regarding employment verification 13 3/k/heiU3/20/97 • 30 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 services expenses incurred by CONTRACTOR 31 ATTORNEYS FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof each party shall bear its own attorney s fees REST OF PAGE NOT USED 14 3/k/hed/3/20/97 32 ENTIRETY The foregoing and Exhibit 'A attached hereto set forth the entire Agreement between the parties IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by and through their authorized offices the day month and year first above written C T & F INC By AMIRO A VALDEZ President By D DIANA M M ND ZA Sec ary �- REVI AND APPROVED City Administrator INITIATn PROVED Director o Pu c Works CITY OF HUNTINGTON BEACH A municipal corporation of the State of California Mayor - yw 1� ATTEST City Clerk 7, APPROVED AS TO FORM ai � ) / 4 15 O&'1-City Attorney �I 3/k/hed/3/20/97 Y4& � Ca, �x �/ g /- �o - 60p L-J �q7 R QUEST FOR COUNCI ACTTft��-�� MEETING DATE February 3, 1997 DEPARTMENT ID NUMBER PW 97-001 Council/Agency Meeting Held .2 /3/ 9 ? Deferred/Continued to l�pproved C nditi Wally A rove ❑ Denied 4,oo 55 ity Clerk s Slgnat re Council Meeting Date February 3 1997 Department ID Number PW 97 001 REQUEST FOR COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY MICHAEL T UBERUAGA City Administra r PREPARED BY LES M JONES II Director of Public Works �k SUBJECT Approve Traffic Signal Modifications at the Intersections of Golden West Street at Heil Avenue and Newland Street at Adams Avenue Cash Contract No 1035 AWARD Statement of Issue Funding Source Recommended Action Alternative Action Analysis Environ ent I Status Attachment(s) Statement of Issue On November 4 1996 the City Council authorized a call for bids for the Traffic Signal Modifications at the intersections of Golden West Street at Heil Avenue and Newland Street at Adams Avenue (Cash Contract No 1035) Before the project can proceed City Council must approve the recommended action below Funding Source The fund for the project is available in Gas Tax Account E SF-PW 984 6 43 00 for a project total of $135 750 Recommended Action 1 Accept the lowest bid submitted by C T & F Inc for the Traffic Signal Modifications at the intersections of Golden West Street at Heil Avenue and Newland Street at Adams Avenue and 2 Approve and authorize execution by the Mayor and the City Clerk the construction contract between the City of Huntington Beach and C T & F Inc in the amount of $77 955 for the Traffic Signal Modifications at the intersections of Golden West Street at Heil Avenue and Newland Street at Adams Avenue and 3 Authorize the Director of Public Works to expend a total of $135 750 which includes the contract cost of $77 955 estimated construction change orders of $7 795 and $50 000 in anticipated supplemental expenditures Alternative Action(s) 1 Deny the award of the contract to C T & F Inc and select one of the other responsive bidders 2 Reject all bids and provide direction to staff regarding this project 0022741 01 2 E— a 01/23/97 3 54 PM RQUEST FOR COUNCIL ACTAN MEETING DATE February 3, 1997 DEPARTMENT ID NUMBER PW 97-001 Analysis On November 4 1996 the Council approved the plans and specifications for the Traffic Signal Modifications at the intersections of Golden West Street at Heil Avenue and Newland Street at Adams Avenue project and authorized the Director of Public Works to solicit bids for construction The project costs are as follows Contract Amount *Project Change Orders **Project Supplementals TOTAL $77 955 7 795 50,000 $135 750 *Resolution Number 4896 authorizes the Director of Public Works to spend up to 10% of the contract amount for possible change orders Council must authorize change order requests exceeding $50 000 Examples of change orders include changes in field conditions errors in the plans changed governmental requirements or unforeseen work **Examples of supplementals include required city furnished traffic signal poles electrical service pedestal signal indications for vehicles and pedestrians soil/concrete testing utility hook-ups or items required but not part of the contractor's contract such as special informational signs Bids as summarized below were received and opened on December 4 1996 CONTRACTOR BIDS CT & F $77 954 92 DBX Inc 84 330 00 L A Signal 100 549 00 F J Johnston Inc 101 20900 Environmental Status This project is categorically exempt pursuant to the California Environmental Quality Act Section 15301(c) Wi Ma - City Clerk's Page Number l MTU/LMJ/REE/JDO/tae Reference Check for C T & F 0022741 01 2 01/22/97 9 58 AM OJ J C•Y OF HUNTINGTOR BEACH INTERDEPARTMENTAL COMMUNICATION TO Cash Contract File CC 1025 FROM Terri Elliott % - SUBJECT REFERENCE CHECK, C T & F DATE July 8 1996 Contractors license No 182572 C 10 is current and active City of Los Angeles City of Los Angeles Los Angeles County QUESTIONS DPW DPW DPW Name Ernie Aldover Name Phil Reed Name Bob Geysel Phone (213) 237 0276 Phone (213) 847 6403 Phone (818) 458 3122 1 Did the contractor work well Yes Yes Yes with your agency? 2 Did they change personnel No Yes Don t know during the job? 3 Were there any problems No No Don t know with subcontractors or suppliers (Stop Notices)? 4 Did general and Yes Yes Yes subcontractors work consistently on the project? 5 Was the project completed Yes Yes No on time? 6 How was the quality of the Good Good Good work? 7 Would you hire this general Yes Yes Yes contractor again? 8 Comments Best street light Not as good as they contractor Bids are used to be Have to reasonable and change check on the prices for orders are minimal change orders but now they do it on Time and Materials basis 0019850 01 QUESTIONS CALTRANS City of Glendale Name H Amos Name Omar Phone (213) 749 7246 Abutaleb Phone (818) 548 3960 1 Did the contractor work well Yes Yes with your agency? 2 Did they change personnel No No during the job? 3 Were there any problems No No with subcontractors or suppliers (Stop Notices)? 4 Did general and Yes Yes subcontractors work consistently on the project? 5 Was the project completed Yes No manufacturer on time? was late in delivering poles 6 How was the quality of the Excellent Good work? 7 Would you hire this general Yes Yes contractor again? 8 Comments Largest Signal and Street Lighting Contractor in L A County