HomeMy WebLinkAboutDe La Cruz Construction, Inc. Modification of Three Traffic Signals Edinger/Edwards Hamilton/Brookhurst Edinger/Sher-CC-879 9/18/95 Notice of Completion 8/7/96 - 1995-09-18 Fn
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNnNGTON BEACH
TO: THOSE LISTED HEREON
FROM: ADMINISTRATIVE SERVICES, Accounting and Records
SUBJECT: 10% RETENTION P YMENT cl
cc q'�c� L-, CnIc-e- cc�_SA
c�20 0 6
DATE: Z L 6prA �� S p�
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
day*nt is made. Processing of the 10% retention payment is recommended so
�bn s no stop notices or outstanding invoices are on file with the City.
t� L,
AN T. LLELLA, Director of Finance
certify that no stop notices are on file on the subject at this time.
Date: 1,7
w
LES JONE iablic orks Dir, or
certify that no stop notices are on file on the subject contract and that a
guaranty bond has been filed.
Date: zz�,�
CONNIE BROCKWAY, CA Clerk
I certify that there are no outstanding invoices on file.
Date:
SHAR/I FRIEDENRICH, City Treasurer
0011042.01 07/18/96 10:46 AM
American Motorists lnsul *e Company
7470 North Figueroa Street, Los Angeles, Ca 90041
(213)257-8291
MAINTENANCE BOND
Bond Number: 3SM 884 236 00
Premium:$include. In Per(.1 yea
KNOW ALL MEN BY THESE PRESENTS: That De La Cruz -orstruction Inc. as Principal,
and AMERICAN MOTORISTS INSURANCE COMPANY, a corporation organized and existing
under the laws of the State of Illinois and duly authorized to transact a general surety business in the
state of California hereinafter called the Surety, are held and firmly bound unto City ofof
Huntington Beach in the sum of Seventy Thousand Seventy Five and No/100ths DOLLARS
($70.075.00) lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,
jointly and severally, firmly by these presents.
SEALED,with our seal and dated this 3rd day of October 19 95
WHEREAS, on the xxxxx day of xxxxx 1995,the said principal entered into an agreement to
the Obligee for Modification of (3) traffic signals/CC-879
WHEREAS, under the terms of the specification for said work, the said Principal is required to give
bond or maintenance to protect the said Obligee against the result of faulty materials or workmanship
for a period of QH year(s)from and after the date of completion and acceptance of same.
NOW, THEREFORE, If the said Principal for a period of L* year(s)from and after the date of
completion and acceptance of same by said Obligee, replace any and all defects in said work
resulting from defective materials or defective workmanship,then the above obligation to be void;
otherwise to remain in full force and effect.
AMERICAN MOT/Z.
NCE COMPANY
SURETY COMP
BY:
, Attorney In Fact
LCr1:
FAY
De La Cruz Corystru .. i n Inc.
PRINCIPAL:
� ✓L� `_
DIRECT ALL CORRESPONDENCE TO: BY:
LOU JONES&ASSOCIATES
7470 NORTH FIGUEROA ST.
LOS ANGELES.CA 9OD41 (213)257-8291
sewvws-assmariz:crxva.+nxurvsn.. ._- ;1__..
J
CALI.FORNlA ALL-PURPOSE.,ACKN.OWLEDGMENT
State of California
County of Los Angeles
On OCT 0 3 1995 before me, KID Wapato, Notary Public,
NAME,TITLE OF OFFICER
personally appeared David Z. Noddle
NAME OF SIGNER
■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
W ppT
•..s•••••.00eo.•�, �1tI r11Q o•os.o
�lJ instrument the person(s), or the entity upon
f' Comm. 41032903, behalf of which the person(s) acted, executed the
;40?ARY PUBLIC �no RnlA instrument.
Laos P..'Ssjs 24,
0 [ypa?s)ufy.. .. .
a
WITNESS my hand and official seal.
An "
(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 E-, ND(S)
❑ CORPORATE OFFICER _ _ _
TITLE OR TYPE OF DOCUMENT
TITLE(S)
O PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR OCT 03 1995
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
American Motorists Insurance Company
SIGNER OTHER THAN NAMED ABOVE
11/01/1996 11:45 714-374-1573 HB PUBLIC WORKS PAGE 02
DECLARATION OF SATISFACTION OF CLAIMS
I � De La Cruz Construction, Inc , state•
Name ot Contractor )
1. 1 am the general contractor for the City of Huntington
Beach, as to the project more fully described in the
public works contract entitled CC$$ g7 q
and dated
2 . All workers and persons employed, all firms supplying
materials, and all subcontractors for the
above-mentioned project have been paid in full.
3 . - The following are either disputed claims, or .items in'
connection with Notices to Withhold, which have been
filed under the provisions of the statutes of the State
of California: ( if none, state "NONE" )
I declare under penalty of perjury that the foregoing is true
and correct.
Executed at Santa Fe Springs , Ca on this 1 day of
November 1596
ignature o Con actor
11/01/1996 11:45 714-374-1573 HB PUBLIC WORKS PAGE 03
•
City of Huntington Beach
Department of Public Works
P.O. Box 190
Huntington Beach, California 92648
Attention:
Subject: Certification of Compliance with
Title V11 of the Civil Bights Act
and Equal Employment Opportunity
Act of 1972
Gen-lemen:
The undersigned, contractor on
�, �4H �, -,: , '- Traffic Signal Installation
Pro)ect No . Titre
hereby certifies that all laborers, mechanics, apprentices, trainees ,
watcrumen and guards emploYed by hi.- or by any s_bcc: tractor re,for:r-
ing work under the contract on the project have been paid wages at-
rates not less than those required by the contracr- provisions , and
that the work performed by each such laborer, mechanic , apprentice or
trainee conformed to the classifications set fort:► in the contract c=
training program provisions applicable to the wage rate paid .
Signature and Title ' v
g President
'" • Recorded in the ty of Orange, California
J Gary L. Granv e, Clerk/Recorder
$1111IIII 11111 1111 III111II1 111111111111 Na Fee
WHEN RECORDED MAIL TO: 19960413791 11 :57am 08/13/96
CITY OF HUNTINGTON BEACH 005 8007645 08 28
Office of the City Clerk N12 1 7.00 0.00 0.00 0.00 0.00 0.00
P. O. Box 190
Huntington Beach,CA 92648
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee, 2000 Main Street,
Huntington Beach,CA 92648,that the contract heretofore awarded by the City Council of the City of
Huntington Beach,California to De La Cruz Construction Incorporated who was the company thereon
for doing the following work to-wit: 1
Modification Of Three Traffic Signals; CC-879 1 ��
That said work was completed August 5 1996 b said company according to plans and specifications and
P l;u � y ' � g P P
to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted
by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday,
August 5, 1996.
That upon said contract American Motorists Insurance Company was surety for the bond given by the
said company as required by law.
This document is solely for the official business of the City of Huntington Beach,as contemplated under
Government Code Section 6103 and should be recorded free of charge.
Dated at Huntington Beach, California,this 7th day of August,1996.
City Clerk and ex-officio Cler
of the City Council of the Ci
of Huntington Beach, California
STATE OF CALIFORNIA )
County of Orange ) ss:
City of Huntington Beach )
I, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the
foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION
was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by
said City Council.
Dated at Huntington Beach, California,this 7th day August, 1996.
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
This :ment is solely for the
g:�followup�nscplgs offic a business of the City
Of 1411:1t�r, :on 19ench, as contem—
plated U:)Jur Goverrxnent Code
Sec. 6103 and should be recorded
free of char?e.
G/followup/ccnoc
SI? Not 01 Jq0 J;_C SOm 7/asj9io
Noe - Iv
deco,-�li�� peace �oo, 5s
Council/Agency Meeting Held:_ Z94,
Deferred/Continued to: `
4-Approved ❑ Conditionally Approved ❑ Denied City Clerk's Si ature
7_0
Council Meeting Date: August 5, 1996 Department ID Number: PW 96-040
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City AdministDD
PREPARED BY: O�Wes M. Jones II, Director, Public Works_L i �-
SUBJECT: MODIFICATION OF THREE TRAFFIC SIGNALS, CC-879; NOTICE
OF COMPLETION
FS
atement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status,Attachment(s)
Statement of Issue: De La Cruz Construction, Inc. has completed the Modification of
Three Traffic Signals. Approve final project budget.
Funding Source: Sufficient funds are available in account E-SF-PW-984-6-43-00 for this
project.
Recommended Action:
1. Accept the improvements of Cash Contract No. 879, Modification of Three Traffic
Signals, and authorize an increase of $13,051 to the approved project budget and
the supplemental limit for the project.
2. Authorize the City Clerk to file the Notice of Completion.
3. Approve the total project cost of $133,133.75.
Alternative Action(s): N/A
r !
REQUEST FOR ACTION
MEETING DATE: August 5, 1996 DEPARTMENT ID NUMBER: PW 96-040
Analysis: On September 18, 1995, the City Council awarded a contract to De La Cruz
Construction, Inc. for the Modification of Three Traffic Signals, Cash Contract No. 879. De
La Cruz Construction, Inc. has since completed the project and has fulfilled its obligation to
the City per said contract.
The following is a summary of contract costs:
Council Approved Actual Expenditures
Contract Amount: $70,075 $68,986
Construction Change Orders: 12,008 12,008
Supplemental Expenses: 38,000 52,140
Total: $120,083 $133,134
As the Cost Summary indicates, an overage of $13,051 occurred as a result of the actual
supplemental expenditures being nearly 9.8% more than estimated. The overage was not
detected until the end of the project when the costs were being summarized.
This is the initial installation of the Video Detection equipment and the cost of the equipment
was higher than estimated and the final cost was not known until the job was completed. In
lieu of installing traffic detector loops, the video detection equipment was determined to be
more cost effective by reducing pavement and detector loop replacement. Thus the long
term maintenance costs at the intersection are reduced.
Environmental Status: N/A
Attachment(s): List attachment(s) below.
NumberCity Clerk's
Page
Start Numbering None
LMJ/REE/JDO/TAE/tae
0018604.01 -2- 07/17/96 9:10 AM
RECE►VED
etTY CLERK
CITY OF
iiUt�T{t1GTE!t is'tGN. LALiF.
SEP 2 Ol ��
COPY TO:
SHEILA
GENEIL
MODIFICATION OF THREE TRAFFIC SIGNALS
September 1, 1995
2:00 PM
CC-879
Engineer's Estimate: $125,000
BID LIST
BIDDER'S NAME RANK TOTAL BID AMOUNT
1. DeLaCruz Construction
2. Intersection Development
3. L and R Electric Service Co.
4. McCain Traffic Supply
5.
6.
$
7.
8.
9.
10.
11.
12.
12108 pag%4
CREATE A FILE
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EXP. DATE:
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AFTER FILE FOLDER IS COMPLETED, CHECK HERE: & RETURN THIS FORM TO TONY!
0895I
APPROVED BY CITY COUNCIL , 0
19& equest for City Council Action
crrY Lex November 7, 1994
Submitted to : Honorable Mayor and City Council
Submitted by: Michael T. Uberuaga, City Administrate`
Prepared by: y Silver, Assistant City Administrator/Acting Director of Public✓'/
Works
Subject: MODIFICATION OF THREE TRAFFIC SIGNALS; CC-879
AUTHORIZATION FOR BID
Consistent with Council Policy? [ X] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachment
STATEMENT OF ISSUE:
A contract for Three Traffic Signal Modifications, CC-879, was awarded on June 21, 1993 to
B and D Contractors in the amount of $165,030. The contract was terminated by staff on
September 2, 1994, due to failure of the contractor to execute the agreement.
Director of Public Works is requesting to solicit bids for the traffic signal modifications
project.
RECOMMENDED ACTION:
1. Authorize the Director of Public Works to proceed with the solicitation of bids to
modify the three traffic signals.
2. Approve an amendment to the current year budget by re-appropriating $165,000.
ANALYSIS:
At the June 21 , 1993 Council Meeting, Council awarded the Three Traffic Signal
Modifications; CC-879 to B and D Contractors. The contractor failed to execute the contract
in a timely manner and staff terminated the contract on September 2, 1994.
The plans and specifications are complete and the proposed work includes..
1. Modify the existing traffic signal at the intersection of Edinger Avenue and Edwards
Street to provide protected left turns on Edinger Avenue and remove the existing split-
phased operation on Edwards Street (see location map, Location No. 1). The
construction cost estimate of this modification is $110,000.
16�,1
•
2. Modify the existing traffic signal at the intersection of BrAurst Street and Hamilton
Avenue to provide protected left turns on Hamilton Avenue and remove the existing
split-phased operation (see location map, Location No. 2). The construction cost
estimate is $40,000.
3. Replace defective existing underground electrical conduit and traffic signal wiring
crossing Edinger Avenue at Sher Lane (see location map, Location No. 3). The
construction cost estimate is $15,000.
ENVIRONMENTAL STATUS:
This project is categorically exempt via the General Rule Exemption (CEQA Section 15061
(b)(3)).
FUNDING SOURCE:
Due to the cancellation of the contract to B and D Contractors, the funds are now available in
the Gas Tax undesignated fund balance.
ALTERNATIVE ACTIONS:
1. Do not authorize the Director of Public Works to advertise for bids.
2. Select one or two of the traffic signals to be modified.
ATTACHMENTS:
Project Location Map
Special Provisions
Sample Contract MTU/RS/JDO/TAE/tae /Xv
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Exh;blt (879 RCA) CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
Project Loca tlon Map
Cash Contract 879
CITE' OF HUNTINGTON BEACH
PUBLIC WORKS DEPARTMENT
STANDARD SPECIAL PROVISIONS
FOR THE CONSTRUCTION OF
TRAFFIC SIGNALS AND STREET LIGHTIINTG
IN
THE CITY OF HUNTINGTON BEACH
March, 1994
Prepared Under the Supervision of:
i� No. 1578 J j
fA E�cP s-31-77.
OF
James D.Otterson, City Traffic Engineer, RCE 38586,RTE 1578 Date
Approved by:
No.20�11
a
Robert E. Eichblatt, City Engineer, RCE 20921 Date
Cu'cr sh!
Page 2
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
March, 1994
The following shall be added to §86-1.03:
One(1)complete set of project plans and these special provisions shall be kept on the job at all
times, to be used as record drawings. Throughout the duration of the contract-work, it shall be
the responsibility of the Contractor to maintain a currently updated record of all construction
changes and variations from the contract drawings. Two (2) complete sets of"As-Built" prints
shall be delivered to the Tragic 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 MaintainingExisting xisting and Temporary Electrical Systems
The first sentence of the sixth paragraph shall be amended to read as follows:
Where damage is caused by the Contractor's operations, the Contractor shall, at his expense,
repair or replace damaged facilities within twenty four hours in accordance with these
specifications.
86-1.06 Scheduling of Work
The ninth paragraph shall be amended to read as follows:
Functional tests shall start on any working day except Monday or Friday, or the day preceding
or following a legal holiday.
spccials.94
y • •
STANDARD SPECIAL PROVISIONS
FOR THE CONSTRIi~JCTION OF
TRAFFIC SIGNALS AND STREET LIGHTING
IN
THE CITY OF HUNTINGTON BEACH
March, 1994
Installation of new or modification of existing traffic signals, systems, street lighting, and Emergency
Vehicle Pre-emption equipment shall conform to the provisions in Section 86, "Signals and Lighting"
of the Standard Specifications, and the Standard Plans of the State of California, Department of
Transportation dated July, 1992, applicable sections of the National Electrical Code, current City of
Huntington Beach Standard Plans, the plans, and these special provisions.
The City of Huntington Beach Traffic Engineer shall be the sole arbiter of the prevailing specification
should a conflict arise between Section 86 of the Standard Specifications and the Standard Plans of the
State of California, Department of Transportation, the National Electrical Code, current City of
Huntington Beach Standard Plans, the plans, and these special provisions. Such other items or details
not mentioned, that are required by the plans, Caltrans Standard Specifications, Caltrans Standard
Plans, the National Electrical Code, current City of Huntington Beach Public Works Department
Standard Plans, or these Special Provisions shall be performed, placed, constructed or installed to
provide a totally functioning operation as intended.
The contractor shall supply all materials and equipment necessary to perform the work as specified
herein unless noted otherwise on the plans.
The following items are modifications to specific portions of Section 86, "Signals and Lighting" of the
July, 1992 Standard Specifications and Standard Plans of the Department of Transportation (Caltrans)
of the State of California.
86-1.015 Definitions
The following terms and definitions shall be added to §86-1.015:
The city shall be defined as the City of Huntington Beach.
The Engineer shall be defined as the City of Huntington Beach Traffic Engineer or his
representative.
The phrases "State owned", "State furnished", or "State supplied" (and similar terms) shall
mean City of Huntington Beach owned, City of Huntington Beach furnished, or City of
Huntington Beach supplied unless noted otherwise on the plans.
i
86-1.03 Equipment List and Drawings
specials 94
Page 3
Huntington Beach
Tragic Signal and Street Lighting
Standard Special Provisions
March, 1994
86-2.01 Excavating and Backfillin
The following shall be added to §86-2.01:
Back-filling in roadway areas shall be with one (1) sack P.C.C. slurry to bottom of roadway
surfacing material unless otherwise directed by the Engineer or shown on the plans.
All "Potholing" within roadway areas shall be backfilled with City-approved "one sack slurry"
mix.
Backfill in all trenches and pull box sumps not in roadway areas shall be compacted to 90%
Relative Compaction unless directed otherwise by the Engineer.
86-2.02 Removing and Replacin_-,Improvements
The second paragraph shall be amended to read as follows:
Whenever a part of a square or slab of existing concrete sidewalk, curb, gutter, or driveway is
broken or damaged, the sidewalk, curb, gutter, or driveway shall be removed completely from
score line to score line. Sidewalk shall be replaced from back of curb to back of walk, curb and
gutter shall be replaced from edge of sidewalk to edge of asphalt, and driveways shall be
replaced at the direction of the Engineer. Portland Cement Concrete (P.C.C.) shall conform to
§303-5 of the latest Standard Specifications for Public Works Construction (commonly
referred to as the "Green Book"). Improvements shall be installed per the latest City of
Huntington Beach Public Works Department Standard Plans.
86-2.03 Foundations
The following shall be added to §86-2.03:
The contractor shall construct the controller cabinet foundation as shown on State Standard
Plan ES-4B for Type P cabinets, including furnishing and installing anchor bolts (except that
foundation shall extend 18" above grade and not 31/2" as shown) and shall install the controller
cabinet on said foundation. A ground electrode (for radio interference suppression purposes
only) shall be installed towards the front of the cabinet foundation and in the general Vicinity of
the cabinet door hinge. This electrode shall not be connected to any electrical circuit
grounding conductor.
sPccials 9.4
Page 4
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
March, 1994
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.
W-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 portiand cement concrete sidewalk areas and curbed paved median areas, and not less
than 30 inches below grade or greater than 48 inches below finished grade in all other areas,
unless shown otherwise on the plans.
The sixteenth paragraph shall be amended to read:
The "Trenching in Pavement Method" is dis-allowed in the City of Huntington Beach unless
previously authorized in writing by the Engineer for the individual installation location as
shown on the plans. The following conduit installation methods shall be the approved
installation methods unless noted otherwise on the plan:
Conduit shall be installed using drilling or jacking methods, except in the following situations:
specials 94
Pace 5
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
March, 1994
1. Conduit may be installed using mechanical trenching methods if the conduit is to be
installed in a new street that has not been paved prior to conduit trenching.
2. Conduit may be installed via manual trenching methods in an existing paved street if
a. Jacking or drilling methods have been tried three times and subsurface
conditions have prevented the successful installation of conduit.
b. The inspector has determined that underground conditions or underground
utilities make the use of jacking or drilling methods unsafe. If this condition is
applied, manual trenching methods will be acceptable. No machine trenching
method will be allowed.
The seventeenth paragraph shall be amended to read:
Rigid non-metallic type conduit and plastic coated rigid steel conduit shall not be used for
drilling and jacking. Rigid non-metallic type of conduit and plastic coated rigid steel conduit
may be installed under existing pavement if a hole larger that the conduit is pre-drilled and the
conduit installed by hand. Rigid metal conduit, to be used as a drilling or jacking rod, shall be
fitted with suitable drill bits for required hole size.
The twentyseventh paragraph shall have these additional requirements:
Conduit entering pull boxes shall terminate a minimum of 2" above the grouted bottom of the
pull box and not less than 8" from the top of pull box. The conduit shall be placed in a manner
that facilitates pulling of conductors in a straight line and clearing box wall by 2" (angle of exit).
speciTIS.94
Page 6
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
March, 1994
86-2.06 Pull Boxes
86-2.06A Materials
The first paragraph shall be amended to read:
All new pull boxes shall be plastic lined PCC, except where noted otherwise on the plans. All
new pull box extensions shall be PCC, except where noted otherwise on the plans. All new
pull box lids shall be fiberglass, except where noted otherwise on the plans. Pull box lid bolt-
down hardware shall not be required unless noted otherwise on the plans. All new pull boxes
shall be No. 6 unless noted otherwise on the plans. New pull boxes and pull box lids shall be
the following Christy Concrete Products, Inc. pull boxes, or approved equal:
it Ab Slie. Pull Box Chnsty Concrete : Pull Box Lid(ChnSty
Products, IM catalog No Concrete Products,Inc
Catalog NQ}
?.:.
3 1/2 N9 FL9T
5 N30 FL30T
6 N36 FL36T
86-2.06B Cover Marking
State Standard Plan ES-8, "Pull Box Details", Note 4-a.5 and b.10, shall not apply to this project.
86-2.06C Installation and Use
The second paragraph shall be amended to read:
All new pull box installations shall be grouted. The pull boxes shall be bedded in crushed rock
as shown on the plans and shall be grouted prior to the installation of conductors. The grout
shall be between 0.5-inch and one inch thick and shall be sloped toward the drain hole. A layer
of roofing paper shall be placed between the grout and the crushed rock sump. A one inch
drain hole shall be provided in the center of the pull box through the grout and the roofing
paper.
specials 9a
Page 7
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
March, 1994
The third paragraph shall be amended to read:
Where the sump of an existing pull box is disturbed by the contractor's operations, the sump
shall be reconstructed and, if the sump was grouted, the old grout shall be removed and new
grout placed. Where the sump of an existing non-grouted pull box is disturbed by the
contractor's operations, the sump shall be reconstructed and new grout and roofing paper shall
be placed as described above.
The following shall be added to §86-2.06C:
No new or existing pull box shall be located in or within I' of any wheelchair ramp.
86-2.08 Conductors and Wiring
The following shall be added to §86-2.08:
Conductors, 410 AWG or smaller, shall be solid.
Conductors, 48 AWG and larger, shall be stranded.
Emergency vehicle pre-emption (EVP) cable shall be continuous, without splices, from optical
detector to controller cabinet.
86-2.08A Conductor Identification
The following shall be added to §86-2.08A:
Insulation color for bicycle push button conductors shall be solid blue.
86-2.08E Siy-nal Interconnect Cable
The first sentence of the first paragraph shall be amended to read:
Signal Interconnect Cable (SIC) shall consist of AWG No. 20 (minimum) stranded, tinned
copper conductors with the number of pairs as specified on the plans (six pair minimum).
The third paragraph shall be amended to read:
SIC shall be continuous between traffic signal controller cabinets without breaks or splices. A
minimum of six feet of slack shall be provided at each controller cabinet.
The fourth paragraph shall be deleted from §86-2.08E.
specials.94
Paee 8
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
March, 1994
The following shall be added to §86-2.08E:
The ends of the unused signal interconnect conductors in the cabinet shall be folded back and
taped securely to the cable.
86-2.09 Wiring
86-2.09C Connectors and Terminals
The following shall be added to §86-2.09C:
Compression-type terminals (spade or eyelet) shall not be permitted for termination on solid
conductors.
86-2.09D Splicing
§86-2.09D shall be amended to read:
Unless shown otherwise on the plans or permitted by the Engineer, splices in traffic signal
conductors shall not be made between terminal blocks. Splices in street lighting (multiple
circuit) and intersection safety lighting conductors shall be made in the base of the standard or
adjacent pull box.
Splices in street lighting or intersection safety lighting conductors shall conform to §86-2.09E
and Standard Plan ES-13. Splices shall be insulated by Method B for Handcrafted Insulation.
86-2.10 Bonding and Groundrn�
C
The second sentence of the seventh paragraph shall be amended to read:
I
Ground electrodes shall be one piece, 10-foot length, 5/8-inch nominal diameter stainless steel
and meet the requirements of the Code.
specials 94
Pace 9
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
March, 1994
86-2.11 Service
The following shall be added to §86-2.11:
Traffic signal service equipment enclosures shall be furnished with the following unless shown
otherwise on the plans:
1. 50 amp breaker for traffic signals (120V metered).
2. 30 amp breakers for safety lighting(120V metered).
3. Safety lighting contactor and test switch.
The eighth paragraph shall be amended to read:
Service equipment enclosures shall be fabricated from aluminum and conform to the
requirements of §86-3.07A, "Cabinet Construction." Service equipment enclosures shall be
provided with a baked enamel finish coat, white in color and a method of securing the
enclosure utilizing a padlock. With a City-furnished padlock in place, it shall not be possible to
force entry into the enclosure by hand without the use of tools. Service enclosures shall
conform to City of Huntington Beach Standard Plan No. 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 shall be amended to read:
The Contractor shall be responsible for applying for and arranging with the serving utility to
complete service connections for both temporary and permanent installations, and the
Contractor shall pay all costs and fees required by the utility.
The twelfth paragraph shall be amended to read:
All costs of all electrical energy utilized until the successful completion of the functional testing
period(s) for new street lighting and/or traffic signal systems shall be the contractor's
responsibility. Upon the successful completion of the functional testing period(s) the
subsequent costs of all electrical energy utilized to operate the newly installed system shall be
the responsibility of the City.
The fourteenth paragraph shall be deleted from this section.
Page 10
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
March, 1994
86-2.14 Testing
86-2.14A Materials Testing
The following shall be added to §86-2.14A:
For city funded or administered projects, the city will be responsible for the costs of the initial
soil and geotechnical material tests. The costs of all subsequent soil or geotechnical material
tests deemed necessary due to the failure of the initial tests shall be the responsibility of the
contractor. The contractor shall be responsible for the costs of all soil and geotechnical
materials testing for privately funded projects, as required by the Engineer.
The second sentence of the first paragraph shall be amended to read:
The costs of all equipment and materials testing, except as noted otherwise in this section, shall
be the contractor's responsibility.
The fourth paragraph shall be amended to read:
The contractor shall allow 30 days for material and equipment testing from the date the
material or equipment is delivered to the test site. When the equipment or material being tested
has been rejected for failure to comply with these specifications, the contractor shall allow 30
days for subsequent retesting. The retesting period shall begin -,when the corrected equipment
or materials are made available at the test site.
The sixth paragraph shall be amended to read:
It is the contractor's responsibility to pick up and deliver all required materials and equipment
to and from the point of purchase, the test site, and the work site. The city shall not be
responsible for pick up or delivery of any materials or equipment unless noted otherwise on the
plans or in these specifications.
86-2.14C Functional Testing
i
The first sentence of the fifth paragraph shall be amended to read: j
The city shall be responsible for the costs of electrical energy for testing of modified, city-
owned street lighting and traffic signal systems.
I
Page 1 1
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
March, 1994
The folio A ing shall be added to §86-2.14C:
The Contractor shall, at his own expense, arrange to have a signal technician, qualified to work
on the controller assembly and employed by the controller assembly manufacturer or his
representative, present at the time the equipment is turned on.
86-3 Controller Assemblies
86-3.01 Controller Assembly
The following shall be added to §86-3.01:
Contractor shall furnish the following items as a complete package:
l. Caltrans Model 170E Micro Processor Intersection Controller Unit Assembly, supplied
with a Serial Extender Board and two each 1200/2400 Baud Modems (GDI Model
404 or approved equal). The controller assembly shall be configured and jumpered to
have all Random Access Memory (RAM) and Programmable Read Only Memory
(PROMS) on the Central Processor Unit (CPU) circuit board (configuration No. 2 in
the Caltrans Model 170E Operations Manual). The serial extender board shall access
ACIA Port No. 4 (COM 4) and shall provide a db 9 (female) plug on the face plate of
the serial extender board. The db 9 plug shall be configured for standard IEEE
RS232C serial port operations. The removable circuit boards within the intersection
controller unit assembly shall be installed individually in a vertical plane, parallel to one
another. The Model 170E controller unit assembly, the serial extender board, and
1200/2400 baud modems shall comply with the latest Caltrans Model 170 controller
specifications and addendums No. 5 & 6, and the Caltrans letter of understanding dated
January 13, 1993. Only manufacturers listed on the current Caltrans Qualified
Products List shall be allowed to provide the controller assembly, serial extender board,
and modem modules. The preferred manufacturer shall be Peek Traffic/Signal Control
Company.
2. BI Tran Systems, Inc. Model 170 Controller Traffic Signal Program 233 (latest
edition), one copy per each Model 170E controller assembly supplied.
3. Antares, Inc. 170 To NEMA Adaptor, Model 1000000A (latest version), complete
with NEMA D Panel connector, one each per Model 170E controller assembly
supplied.
specials.94
Page 12
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
March, 1994
86-3.05 Controller Assembly Testing
The second sentence of the second paragraph shall be amended to read:
A Certificate of Compliance with the approved procedure and a test report signed by a
responsible managing employee shall accompany each controller assembly submitted to city for
acceptance prior to installation and functional testing in its final location.
86-3.07 Controller Cabinets
The following shall be added to §86-3.07:
Contractor shall furnish a Type P cabinet with thirty-two (32) vehicle detector connecting
cables, conflict monitor and all appurtenant equipment (including load switches and 24 detector
amplifiers) necessary to operate eight traffic phases.
86-3.07A Cabinet Construction
The following shall be added to §86-3.07A:
Cabinet shall be aluminum and painted white.
A steel load switch bay shall be provided.
86-3.07B Cabinet Ventilation
The first paragraph of§86-3.07B shall be amended to read:
Rain tight, screened vent holes shall not be provided. Louvered vents with a permanent metal
mesh and 14-inch by 10-inch by 1-inch 4-ply woven polypropylene air filter held firmly in place,
which is to permit the fan to pass the volume of air specified, shall be provided in the cabinet
door. Air filter support brackets shall have drain holes and the drain holes shall not drain to the
outside of the cabinet.
- specials 94
• •
Page 13
Huntingrton Beach
Traffic Signal and Street Lighting
Standard Special Provisions
March, 1994
86-3.07C Cabinet Wiring
The following shall be added to §86-3.07C:
Flasher units shall be wired to flash phases 1, 2, 3 and 4 simultaneously and phases 5, 6, 7, and
8 simultaneously. Phases 1, 2, 3, and 4 shall not flash concurrently with phases 5, 6, 7, and 8.
Cabinet shall include a NEMA "D" connector (MILSTD 27473T241335S) furnished with all
pins and configured per Computer Service Company specifications to operate a Computer
Service Company Model T1 traffic signal controller assembly (please see attached Appendix
TS-1).
86-3.07D Cabinet Accessories
The following shall be added to §86-3.07D:
Labels on detectors and detector cables shall correlate controller phase designations with phase
designations shown on the plans.
Cabinet shall be furnished with a Detector Systems, Inc. Model DS-217 two position EVP
equipment mounting rack, provided in the "flanges in" configuration.
86-3.08 Auxiliary Equipment
86-3.08130 Emer encv Vehicle Pre-emption Equipment
The following shall be added to §86-3.08B(1):
The Contractor shall furnish and install optical detectors and detector cable, and shall make all
wiring connections and aim detectors as specified by the manufacturer.
Optical detectors shall be 3M Model No. 511, 521, or 522, as shown on the plans.
Discriminator modules shall be 3M Model No. 262.
Optical detector signal cable shall be 3M Model No. M-138, or approved equal.
86-3.08C Monitoring Device
The following shall be added to §86-3.08C:
specials 94
Paee 14
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
March, 1994
Conflict monitor shall be Eberle Designs, Inc. Model SSM-12LEPR.
86-3.08K Convenience Receptacle
The following shall be added to §86-3.08K:
The convenience receptacle shall have ground-fault circuit interruption as defined by the
National Electrical Code. Circuit interruption shall occur on 6 milliamperes of ground-fault
current and shall not occur on less than 4 milliamperes of ground-fault current.
86-3.08L Flasher
The third paragraph shall be amended to read:
Flasher shall provide 2 output circuits to permit alternate flashing of signal faces and shall be
capable of carrying a minimum of 20 amperes per circuit at 120 volts.
86-4 Vehicle Signal Faces and Signal Heads
86-4.01 Vehicle Signal Faces
The following shall be added to §86-4.01:
Signal section housings, backplates, and visors shall be plastic type, unless noted otherwise on
the plans.
All exposed and interior fasteners shall have an anti-seize compound (No-Lox or approved
equal) applied before installation.
86-4.01 A Optical Units
The following shall be added to the first paragraph:
Contractor shall supply and install all required light bulbs. Vehicle indication light bulbs shall
be Duro Test or approved equal.
86-4.0113 Signal Sections
The following shall be added to §86-4.01 B:
All indications shall be 12 inch.
spcaals 94
Paee 15
Huntington Beach
Traffic Sivnal and Street Lighting
Standard Special Provisions
March, 1994
86-4.05 Pedestrian Signals
The following shall be added to §86-4.05:
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 and interior fasteners shall have an anti-seize compound (No-Lox or approved
equal) applied before installation.
86-4.06 Signal Mounting Assemblies
The following shall be added to §86-4.06:
All exposed and interior fasteners shall have an anti-seize compound (No-Lox or approved
equal) applied before installation.
The fourth sentence of the first paragraph is amended to read:
Post top slip-fitters, mast arm slip fitters, and terminal compartments shall be cast bronze.
86-5 Detectors
86-5.01 A(3) Sensor Unit Construction
The following shall be added to §86-5.01(A):
All loop detector amplifiers shall be single channel. Amplifiers shall be Detector Systems, Inc.,
Model number 913B, unless shown otherwise on the plans.
Nix 16
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
March, 1994
86-5.O1A(4) Construction Materials
The following shall be added to §86-5.01 A(4):
Loop wire shall be Type 2.
Loop detector lead-in cable shall be Type C, unless specified otherwise on the plans. When 4-
#18 loop detector lead-in cable is specified on the plans, the loop detector lead-in cable shall be
Canoga Controls Corporation 30003 polyethylene jacketed cable, with water blocking per
Type B loop detector lead-in cable. l
86-5.01 A(5) Installation Details
The following shall be added to §86-5.OIA(5):
Unless shown otherwise on the plans all new loop detectors shall conform to Standard Plan
ES-5B, Type E, except that the loops shall be 6-foot diameter (not 6-inch diameter as shown)
and shall be spaced 10-feet apart in the direction of travel (not ]0-inches as shown).
Loop detector sealant shall be "Hot-Melt Rubberized Asphalt Sealant".
Loop detectors shall be installed (including sealant) on the same day in which the loop detector
slots are cut.
Curb terminations shall be as shown on Standard Plan ES-5E, Type A.
The number of loop detector lead-in cables required to achieve the specified detection shall be
installed.
Splices will not be allowed in the loop detector lead-in cable between the controller cabinet and
the pull box adjacent to the loop detector installation.
Loop detector to loop detector lead-in cable splicing shall conform to §86-2.09D. Splices shall
be insulated according to §86-2.09E, Handcrafted Insulation for Detector Circuits. I-leat-
shfink tubing is dis-allowed.
specinls 94
Pace 17
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
March, 1994
86-5.02 Pedestrian Push Buttons
The following shall be added to §86-5.02:
Pedestrian push buttons shall be Standard Plan ES-5C, Type B. Push button assemblies shall
be McCain Traffic Products Model No. MPB.02 with polycarbonate push button cover or
approved equal.
86-6.01 Luminaires
Intersection safety lighting luminaires shall comply with §86-9 of these special provisions. The
luminaires shall be the type specified for arterial streets.
The output wattage of the intersection safety lighting luminaires shall be as shown on the plans.
86-6.065 Internally Illuminated Street Name Signs
§86-6.065 shall be deleted and replaced with the following:
A solid box superimposed upon the traffic signal mast arm symbol on the plans shall indicate
that a complete Non-Illuminated Mast Arm Street Name Sign assembly shall be installed on
that rnastarrn. The sign mounting hardware and location details shall be as shown in the City of
Huntington Beach Standard Plan No.s 403 & 404 A&B.
The following specifications define requirements for Non-Illuminated Mast Arm Street Name
Signs:
Sign Message.-
Street Name Suffixes shall not be used.
Letter size, style, spacing, arrows, logos and borders shall generally conform to the
current State of California Department of Transportation (Caltrans) Traffic Manual,
Table 4-4 and Table 4-7, and Sign Specifications for Type G7 Advance Street Name
Signs. Non-Illuminated Mast Arm Street Name Signs shall be double sided unless
noted otherwise on the plans.
pane 18
I Iuntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
March, 1994
Sign Materials:
The sign panel shall be 0.080-inch thick new sheet aluminum alloy 3003-1114 or 5052-
H32. The sign panel shall have shear-trimmed or roll-slit edges with workman-like
quality. The corners of the sign panel shall be 3-inch radius. Four 0.375-inch diameter
sign attachment holes shall be provided in each sign. The sign attachment holes shall be
in the positions specified on City of Huntington Beach Standard Plan No. 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 filrn shall be Federal
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 Lighting, General
This section shall be an addition to the sections present in Section 86 of the Caltrans July, 1992
Standard Specifications.
City-owned street lighting systems shall be constructed utilizing the previous special provisions and the
following material and construction specifications:
I
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Page 19
Huntington Beach
Traffic Signal and Street Lighting
Standard Special ProNisions
March, 1994
Non-arterial Streets-
Non-arterial streets shall be any street not shown on the current Orange County Master Plan of
Arterial Highways.
Street lighting poles shall be Ameron Catalog No. 6C1-171`6 (or approved equal).
When the plans specify 70 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the
following luminaires types shall be installed:
General Electric Catalog No. M2AC-07-S-0-N-1-G-MC3-1 (Multi-tap ballast)
General Electric Catalog No. M2AC-07-S-7-N-1-G-MC3-1 (120/240 VAC ballast)
Hubbell Catalog No. RMC-3-3 (Fixture Housing)with RIND-07S26-3 (Power Door)
When the plans specify 150 Watt High Pressure Sodium Vapor (IDS) Luminaires, one of the
following luminaires types shall be installed:
General Electric Catalog No. M2AC-15-S-0-N-I-G-MC3-1 (Multi-tap ballast)
General Electric Catalog No. M2AC-15-S-7-N-1-G-MC3-1 (120/240 VAC ballast)
Hubbell Catalog No. RMC-3-3 (Fixture Housing)with RMD-15S28-3 (Power Door)
These catalog numbers specify a luminaire with IES Type III distribution, full lighting cut-off,
power door ballast assembly, 120/240 VAC or multi-tap lighting ballast, and bulb.
Arterial Streets:
Arterial streets shall be any street shown on the current Orange County Master Plan of Arterial
Highways.
For all arterial streets except Pacific Coast Highway, Walnut Avenue between Sixth Street and
First Street, and Pacific View Avenue between First Street and Beach Boulevard, lighting poles
shall be Ameron Catalog No. 1 C 1-28N8 (or approved equal).
spccialt.94
Page 20
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
March, 1994
When the plans specify 250 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the
following luminaires types shall be installed:
General Electric Catalog No. M4AC-25-S-0-N-1-G-MC3-1 ('Multi-tap ballast)
General Electric Catalog No. M4AC-25-S-7-N-1-G-MC3-1 (120/240 VAC ballast)
Hubbell Catalog No.RLC-3-3 (Fixture Housing)with RLD-25S38-3 (Power Door)
When the plans specify 400 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the
following luminaires types shall be installed:
General Electric Catalog No. M4AC-40-S-0-N-1-G-MC3-1 (Multi-tap ballast)
General Electric Catalog No. M4AC-40-S-7-N-1-G-MC3-1 (120/240 VAC ballast)
Hubbell Catalog No. RLC-3-3 (Fixture Housing)with RLD-40S38-3 (Power Door)
These catalog numbers specify a luminaire with 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 pull box adjacent to the new street light pole base with 1 1.5-inch
conduit between the pull box and the street light. The street light pole foundation installation
shall comply the pole manufacturer's recommendations. All street lighting and intersection
safety lighting poles shall have an in-line fuse installed. Street lighting poles shall have the in-
line fuse installed in the pull box adjacent to the pole. Intersection safety lights shall have the
in-line fuse installed in the pole base of the traffic signal pole or lighting pole supporting the
intersection safety lighting luminaire. The in-line fuse shall include a water-tight housing and
shall be Fusetron or approved equal.
Street lighting systems installed on Pacific Coast Highway (State Route 1), Walnut Avenue
between Sixth Street and First Street, and Pacific View Avenue between First Street and Beach
Boulevard (State Route 39) shall require Ameron Catalog No. 1-0-22-J8 or Ameron 1-C3-
22481) street light poles (as shown on the plans). Luminaires shall be 250 Watt HPS or 400
Watt HPS as shown on the plans.
i
Street lighting pole and conduit installations on Pacific Coast Highway and Beach Boulevard
shall require Caltrans plan approval and encroachment permits.
i
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i
Page 21
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
March, 1994
For privately funded projects, all costs associated with design, encroachment permit
applications, inspections, installation of street lighting equipment, materials, or labor associated
with the strect lighting installations or modifications shall be the contractor's responsibility.
spccials9a
Page 22
Huntington Beach .
Traffic Signal and Street Lighting
Standard Special Provisions
March, 1994
APPENDIX T S-I
= 0-0
SC G oNJUEGTt7� 2:-DESCRIPTION
2.5.7.4 T1 MS CONNECTOR "D"
1- Cycle B Select 50- if11 Don't Walk Driver
2- Split B Select 51- Spare Output 2
3- Offset A Select 52- Spare Output 3
4- OL E Red Driver #53- Police Flash
5- OL E Green Driver 54- Max Extension
C6- Flow Receiver 3® -A 55- Assignable Det 13
7- Flow Receiver 4 56- Simultaneous Gapout
-A-8- Assignable Det 44 57- Sync input
9- B11 Walk Driver 58- Free -
10- Cycle C Select 59- H12 Green Driver
11- OL F Green Driver 60- H10 Phase Omit
12- OL F Red Driver 61- H11 Phase On
13- E.V. 4 jk- 62- E'11 Check
'14- Assignable Det 10 4- 63- Spare Output 1
4-15- Assignable Det 7* M4- EV Preempt 3 _
-A-16- Assignable Det 6-* 65- Dual Entry
17- 011 Red Driver 66- EV Preempt 2
18- Split A Select 67- For Mfg Use Only
19- Cycle A Select 4 68- Conflict Flash * -
20- OL F Yellow Driver 69- Railroad Preempt
�A721- Modem Transmit k- 70- For Mfg Use Only
& 22- Modem Transmit 4- 71- 012 Red Driver -
' 23- Modem Receive 72- 011 Red Call Det
'�-24- Assignable Det 15 73- 012 Walk Driver
)t25- Assignable Det 3 * 74- 011 Ped Omit
26- 011 Ped Clear Driver 75- Intersection Flash
27- 911 Green Driver 76- Flow Xmit 2/Spec Funct 2
28- 911 Yellow Driver 77- Conditional Service
29- OL E Yellow Driver 78- For Mfg Use Only _
30- H10 Hold -)c79- EV Preempt 1 -
31- Flow Coordination Active 80- 09 Red Driver
4--32- Assignable Det 10k 81- For Mfg Use Only _
33- Modem Receive *- 82- H12 Ped Call Det
4--34- Assignable Det 16-A 83- 011 Phase Omit
-�K 35- Assignable Det 114 84- 912 Phase Omit —
36- 910 Ped Omit 85- g10 Ped Call Det
"7- Assignable Det 14- 86- B'9 Ped Omit
3 8- Assignable Det 5* 87- Pf10 Phase Next
39- Assignable Det 8 '.k-- 88- Br9 Walk Driver _
�'40- Assignable Det 2 > 89- Flow Xmit 3/Spec Funct 3
41- Offset B Select 90- For Mfg Use Only _
42- Flow Receiver 1 91- For Mfg Use Only
43- Flow Receiver 2 92- Flow Xmit 1/Spec Funct 1
44- Assignable Det 12 93- For Mfg Use Only
45- EIA in 94- 912 Ped Omit —
46- EIA out 95- 912 Hold
�47- Assignable Det 9�k-- 96- 911 Hold
48- 910 Vehicle Call Det 97- 99 Pod Call Det —
49- 911 Phase Next 98- Pf12 Yellow Driver
Rev, 10/88 2.13 —
• •2:-DESCRIPTION
2.5.7.4: T1 MS CONNECTOR "D" (CONTINUED)
99- 012 Ped Clear Driver 1 14- For Mfg Use Only
100- 2110 Green Driver 115- 09 Hold
101- g9 Green Driver 116- 2112 Phase Next
102- 2J9 Yellow Driver 117- 2112 Don't Walk Driver
103- Master Sync Output 118- 2112 Check
104- For Mfg Use Only 119- 010 Red Driver
105- 912 Vehicle Call Det 120- 219 Don't Walk Driver
106- 219 Vehicle Call Det 121- Flow Xmit 4/Spec Funct 4
107- 911 Vehicle Call Det 122- H9 Phase Omit
108- 2110 Ped Clear Driver 123- 2110 Check
109- 012 Phase On 124- 010 Don't Walk Driver
110- 219 Phase On 125- 2110 Phase On
111- 219 Phase Next 126- g10 Walk Driver
112- Q19 Ped Clear Driver 127- g10 Yellow Driver
113- For Mfg Use Only 128- 09 Check
NOTE: May differ, depending on software.
02035
0601. 1
2.14
Rev. 10/88
SAMPLE
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF
HUNTINGTON BEACH AND
FOR TRAFFIC SIGNAL INSTALLATION, THREE
SIGNAL MODIFICATIONS, AND FLASHING
BEACON FOUNDATION INSTALLATION (CC 879)
THIS AGREEMENT is made and entere
d into on this
day of 1993, 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 r p oject,
hereinafter referred to as "PROJECT, " more fully described as
traffic signal installation, three signal modifications, and
flashing beacon foundation installation, in the City of Huntington
Beach; and
CONTRACTOR has been selected and is to perform said work,
NOW, THEREFORE, in consideration of the promises and
agreements hereinafter made and exchanged, the parties covenant
and agree as follows :
1 . STATEMENT OF WORK• ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor,
plans, tools, equipment, supplies, transportation, utilities and
all other items, services and facilities necessary to complete and
j construct the PROJECT in a good and workmanlike manner .
I 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
AJFk5025 1
in the prosecution of work, and for all other risks of any
description connected with the work, including , but not limited
to, all expenses incurred by or in consequence of the suspension
or discontinuance of work, except such as are herein expressly
stipulated to be borne by CITY, and for well and faithfully
completing the work within the stipulated time and in the manner
shown and described in this Agreement, and in accordance with the
requirements of CITY under them for the compensation set forth in
the accepted bid proposal .
However, the total compensation to be paid is to be computed
on the basis of the units of work as it is actually performed, in
accordance with the stipulated prices named in the Bid Sheet(s) .
2 . ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND
SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with
all 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 .
AJFk5025 1
a�
"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 1991 edition of Standard Specifications for
Public Works Construction, published by Builder ' s News , Inc. 3055
Overland Avenue, Los Angeles, California 90034 , and all amendments
thereto, written and promulgated by the Southern California
chapter of the American Public Works Association and the 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" ) ;
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
of ($ ) , as set forth in
the Contract Documents, to be paid as provided for in Sections 1,
6, 13 and 14 herein.
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
working/consecutive calendar days from the day the "Notice to
Proceed" is issued by Department of Public Works, excluding delays
provided for in Section 11 herein.
5 . TIME OF THE ESSENCE
The parties hereto recognize and agree that time is o_f
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 sh.op 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 Section 4 herein. 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 prio
rity
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 anv 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 CONTRACTOR by CITY. CITY
does not warrant that the work site 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 perform-
ance. of this Agreement, furnish the following bonds approved by
the City Attorney: One in the amount of one hundred percent
(%100) of the contract price to guarantee the CONTRACTOR' S
faithful performance of the work; one in the amount of one hundred
percent (%Io0) of the contract price to warrant such performance
for a period of one (1) year after CITY' S acceptance thereof, and
one in the amount of one hundred percent (100%) of the contract
price to guarantee payment of all claims for labor and materials
furnished.
AJFk5025 5
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 as an employee of CITY. CONTRACTOR shall
secure, at its expense, and be responsible for any and all payment
of income tag, 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.
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 in Section 4 herein, damage will be sustained by CITY; and
that it is , and would be, impractical and extremely difficult -to
ascertain and determine the actual damage which CITY would sustain
in the event of and by reason of such delay; it is, therefore,
agreed that CONTRACTOR will pay to CITY, as liquidated damages and
not as 'a penalty, the sum of Dollars ($ )
per day for each and every working day' s delay in completing the
work in excess of the number of working/calendar days set forth in
Section 4 herein, which sum represents a reasonable endeavor by
the parties hereto to estimate a fair compensation for the
foreseeable losses 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 of subcontractors due to
Y 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 it P 9 s
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 waitingfor materials required b q Y
this Agreement. to be furnished by CITY, or by damage caused by
fire or other casualty at the job site for which CONTRACTOR is not
responsible, or by the combined action of the workers , in nowise
caused by or resulting from default or collusion on the part of
CONTRACTOR, or in the event of a lockout by CITY, then the time
14 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
14 limitation the furnishing of material by CITY or delaysby other
contractors or subcontractors, will be allowed and said extension
4 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.
13 . VARIATIONS IN ESTIMATED QUANTITIES
14 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
v ariation 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 .
T T I,SI17 r - ^
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 (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 in the certificate is due
under the terms of the Agreement . Partial payments on the
contract price shall not be considered as an acceptance of any
part of the work.
A.1FtiSn2s _ ,
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 Section 13 of this Agreement .
14 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 CONTRACTOR'S employees and damage to CONTRACTOR' S
property, arising directly or indirectly out of the obligations or
AJFk5025 11
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' s fees incurred by CITY in enforcing this obligation.
19 . WORKERS ' COMPENSATION INS LANCE
Pursuant to California Labor Code Section 18-61,
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 such Workers ' Compensation
Insurance in an amount of not less than One Hundred Thousand
Dollars ($100, 000) bodily injuryb
Y accident, each occurrence, One
Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, and -Two Hundred Fifty Thousand Dollars ($250, 000) bodily
injury by disease, policy limit, at all times incident hereto, in
forms and underwritten by insurance companies satisfactory to CITY.
CONTRACTOR shall require all subcontra
ctors 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.
i
14 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
4 underwritten by insurance companies in forms satisfactory to CITY
for all operations, subcontract work, contractual obligations,
4 product or completed operations and all owned vehicles and
4 non-owned vehicles . Said insurance shall name the CITY, its
officers, agents and employees and all public agencies as
4 determined by the CITY as Additional Insureds . CONTRACTOR shall
subscribe for and maintain said insurance policies in full force
and effect during the life of this Agreement, in an amount of not
less than One Million Dollars ($1, 000, 000) combined single limit
4
coverage. If coverage is provided under a form which include
s a
designated general 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 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 ENDORSEMENT
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
AJFk5025 13
insurance coverages as required by Sections 19 and 20 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 �cancelled without thirty (30) days prior written notice to
CITY. CONTRACTOR shall maintain the foregoing insurance coverages
in force until the work under this Agreement is fully completed
and accepted by CITY.
The requirement for carrying the foregoing insurance shall not
derogate from the provisions for indemnification of CITY by
CONTRACTOR under Section 18 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 hereinabove 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 refuses 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 thi's 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
AJFk5029 , A
after such Notice of Intention has been served on CONTRACTOR, CITY
may, without prejudice to any other remedyit may have terminate Y e mate
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 any financial interest
in this Agreement in violation of California Government Code
Sections 1090 et' seq.
AJFk5025 15
26 . STOP NOTICES : RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to recover from CONTRACTOR its
reasonable administrative and attorney' s 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 . 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 8 U. S.C. §
1324a regarding employment verification.
28 . 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.
29 . CAPTIONS
Captions of the Sections 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
AJFk5025 16
•
interpretation, construction or meaning of the provisions of this
Agreement
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 § 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._
REST OF PAGE NOT USED
A.TFk S n S 1
31 . ENTIRETY
The foregoing represents the entire Agreement between the
parties .
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by and through their authorized officers
the day, month and year first above written.
CONTRACTOR CITY OF HUNTINGTON BEACH
a municipal corporation of
the State of California
BY:
Mayor
Print Name
Its : Chairman/President/Vice President
(circle one title)
BY:
Print Name
Its : Secretary/Assist Sec./CFO/Asst. Treasurer
(circle one title)
ATTEST: APPROVED AS TO FORM:
City Clerk Y, W .y,3 City Attorney
D AND APPROVED: INITIATED AND APPROVED:
City Administr for Director of Public Works
AJFk5025 18
0
PROOF OF PUBLICATION!
STATE OF CALIFORNIA)
S S. PUBLIC NOTICE
NOTICE
County of O range } INVITING BIDS
CC-879
Notice is hereby given
that sealed bids will be re-
ceived I am a Citizen of the United States .and a ling'
n Beach ate ty thefoH .
nce
of the City Clerk at City
resident of the County aforesaid; I am Hall, 2000 Main Street,
Huntington Beach, Califor-
over the age of eighteen years, and not a nia, until the hour of 200
P.m. on September 1,
1995, at which time they
party to or inte.rested in the below will be opened publicly and
entitled matter. I am a principal clerk of Chambers for read aloud the Council
the Modifica-
tion of Three Traffic Signals
the .HUNTINGTON BEACH INDEPENDENT, a at Edinger Avenue and Ed-
wards
PP i
j
wards Street; Edinger Av-
news er of general' circulation printed enue and Sher lane; and
b Brookhurst Street and
Hamilton Avenue in the
and published in the City of Huntington City of Huntington Beach.
Beach, County of Orange, State of o set n plans, specifica-
tions, and other contract
documents may be ob-
California, and that attached Notice is a tained on August 16, 1995
at the Department of Public
true and com fete co rinted Works, 2000 Main Street,
P PY as vas p Huntington Beach, Califor.
and published in the Huntington Beach upon receipt non-
ref
upon
fee of$20.00 for
and Fountain Valley Issues of said pick-up id shall
be ad.
Each bid shall be made
on the Proposal Form and
newspaper to wit the issue(s) of: 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
August 17 , 1995 payable to the City of Hun-
tington Beach. The Con-
tractor shall, in the per-
A U g u s t 24, 1995 formance of the work and
improvements, conform to
the Labor Code of the
State of California and
other laws of the State of
California applicable
1 declare, under penalty of perjury, that thereto, with the exception
/ r only of such variations that
the foregoing Is true and correct. may be required under the
special statutes pursuant to
which proceedings hereun-
der are taken and which
have not been superseded
by the provisions of the
Executed o nAugust
labor Code. Preference to
_ Aug U S t 2 4 , 19 9 5 labor shall be given only In
al Costa Mesa, California. the manner provided by
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 li-
censed and also prequali.
cam/ fled as required law.
, The City Council
l of the
/ �•� �' City of Huntington Beach
reserves the right to reject
Signature any or all bids.
By order of the City Coun-
cil of the City of Huntington
Beach,California the 7th of
November,1995.
Connie Brockway,
City Clerk of the City of
Huntington Beach
Published Huntington
Beach-Fountain Valley In-
dependent August 17, 24,
1995
083.957
PROOF OF PUBLICATION
STATE OF CALI FO RMA)
) S S. PUBLIC NOTICE
NOTICE
County of Orange ) INVITING BIDS
CC-879
Notice is hereby given
that sealed bids will be re-
am a Citizen of the United States .and a ceived by the City of Hun-
tington Beach at the office
of 1resident of the County aforesaid; I am HalIhe2000 Mlain at Street,
Huntington Beach, Califor.
over the age of eighteen years, and not a nia, until the hour of 2:00
P.m. on September 1,
party to or interested in the below 1995, at which time they -
will be opened publicly and
entitled matter. I am a principal clerk of Chambers for read aloud the Council
the Modifica-
tion of Three Traffic Signals
the .HUNTINGTON BEACH INDEPENDENT, a at Edinger Avenue and Ed-
wards Street; Edinger Av-
newspaper of general- circulation, printed enue and Sher Lane; and
Brookhurst Street and
and p b ublished in the City of Huntington Hamilton Avenue in the
City of Huntington Beach.
Beach County or Orange State of o set plans, speclrca-
r � , lions, and other contract
documents may be ob-
Ca i ornia, and that attached notice is a tained on August 16, 1995
at the Department of Public
true and complete copy as was printed Works, 2000 Main Street,
Huntington Beach, Califor-
and published in the Huntington Beach nia, upon receipt of a non-
refundable fee of$20.00 for
and Fountain Valley issues of said pick-up id shall
be filed.
Each bid shall be made
on
newspaper to wit the issue in
s) of: the Proposal Form and
n 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
August 17 , 1995 payable to the City of Hun-
tington Beach. rhe Con-
Au u s t 2 4 19 9 5 tractor shall, In the per-
gust r formance of the work and
Improvements, conform to
the Labor Code of the
State of California and
other laws of the State of
I declare, under penalty of perjury that California applicable
n
exc
thereto, with the exception
only of such variations that
the foregoing ec
IS true and corrt. may be required under the
special statutes pursuant to
which proceedings hereun-
der are taken and which
have not been superseded
by the provisions of the
Executed on August 2 4 Labor Code. Preference to
, 19 9 5 labor shall be given only In
at Costa Mesa, California. lthe
aw,at provided by
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 lk
censed and also prequali.
fied as required by law.
The City Council of the
r� City of Huntington Beach
— reserves the right to reject
Signature any or all bids.
By order of the City Coun-
cil of the City of Huntington
Beach,California the 7th of
November,1995.
Connie Brockway,
City Clerk of the City of
Huntington Beach
Published Huntington
Beach-Fountain Valley In-
dependent August 17, 24,
1995
083-957
for ill-7 795
NOTICE INVITING BIDS
CC-879
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 Z00 p.m. on September 1, 1995, at which time they will be
opened publicly and read aloud in the Council Chambers for the Modification of Three
Traffic Signals at Edinger Avenue and Edwards Street; Edinger Avenue and Sher Lane;
and Brookhurst Street and Hamilton Avenue in the City of Huntington Beach.
A set of plans, specifications, and other contract documents may be obtained on
August 16, 1995 at the Department of Public Works, 2000 Main Street, Huntington
Beach, California, upon receipt of a non-refundable fee of $20.00 for pick-up or $25.00
if mailed.
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 7th of
November, 1995.
Connie Brockway
City Clerk of the City of Huntington Beach
2000 Main Street (714) 536-5431
Q �
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signa ure if
Council Meeting Date: February 5, 1996 Department ID Number: PW 96-007
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Adminis rato
PREPARED BY: `TES M. JONES II, Director, Public Works
SUBJECT: REQUEST FOR ADDITIONAL FUNDS, CC-879, ODIFICATION OF
THREE TRAFFIC SIGNALS
,r
Fs
tat emen t of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue: Request for additional funds for the Modification of Three Traffic
Signals, CC-879.
Funding Source: Funds are available from the Gas Tax fund, account number E-SF-PW-
984-6-43-00.
Recommended Action: Authorize an increase of $5,000 to the approved project budget
and the change order limit for the Modification of Three Traffic Signals; CC-879.
Alternative Action(s): Deny the request.
I �
REQUEST FOR ACTION
MEETING DATE: February 5, 1996 DEPARTMENT ID NUMBER: PW 96-007
Analysis:
City Council awarded a contract to De La Cruz Construction, Inc. on September 18, 1995, in
the amount of $70,075. In addition to the contract amount, Council also approved an
allowance of $7,008 for Change Orders. The work includes the modification of three traffic
signals at the following locations: 1) Edinger Avenue and Sher Lane, 2) Edinger Avenue
and Edwards Street, and 3) Brookhurst Street and Hamilton Avenue.
During the course of the construction work at the three traffic signals, the scope of work was
changed to include additional items not previously bid in the contract. These items are
beneficial to the project and the City.
The Brookhurst Street and Hamilton Avenue traffic signal required an additional 3" conduit
to be installed, but due to a utility interference, the relocation of the traffic signal controller
cabinet is now required. The relocation of the controller cabinet will be advantageous for
the City's Signal Maintenance crew. The contractor has not installed the 3" conduit nor
relocated the traffic signal controller cabinet at this time. The contractor has provided staff
with a cost for the installation of the 3" conduit and the relocation of the traffic signal
controller cabinet. Staff has reviewed the cost and feels that it is fair and reasonable.
CURRENT CHANGE ORDER SUMMARY
CHANGE
ORDER NO. DESCRIPTION COST
1 Median modification at Edinger/Edwards $4,475
Anchor bolts for signal poles 552
Boring operation 1,813
Install tenons on poles 150
Total Change Order#1 $6,990
2 Install 3" Conduit and relocate controller cabinet $4,800
Contingency for possible additional Change Orders 218
Total $11,990
Less Original Change Order Allowance 7,008
Requested Additional Change Order Budget $5,000
0016582.01 -2- 01/26/96 11:22 AM
0 •
REQUEST FOR ACTION
MEETING DATE: February 5, 1996 DEPARTMENT ID NUMBER: PW 96-007
PROJECT SUMMARY TO DATE
Original Contract Amount $70,075
Change Orders (Approved) 7,008
City Purchased Equipment (Approved) 38,000
Original Project Fund Total $115,083
Requested Funds 5,000
New Project Fund Total $120,083
Environmental Status: Not applicable.
Attachment(s):
City Clerk's
,cJC
Page Number
None.
TAE:165820
0016582.01 -3- 01/26/96 11:22 AM
I � •
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Request for Additional Funds, CC-879
COUNCIL MEETING DATE: February 5, 1996
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM:
H
CITY OF HUN°TING'TON BEACH2000 MAIN STREET CALIFORNIA 92648
o
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
October 12, 1995
De La Cruz Construction, Inc.
9200 Sorensen Avenue
P. O. Box 2338
Santa Fe Springs, CA 90670
Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of
Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after
the project is completed but prior to the release of retention funds.
Should you have any questions or concerns regarding the enclosures or items that must be on file in
this office prior to release of retention funds, please call the Public Works Department, 536-5441.
Sincerely,
Connie Brockway, CMC
City Clerk
CB:cc
Enclosure: Contract
Declaration of Satisfaction
Certificate of Compliance
Copiesibonds, insurance
g:followup\cashcon
(Telephone:714-536-5227)
Council/Agency Meeting Held:
Deferred/Continued to: &&ZJ� 44r�- , b2"
Approved ❑ Conditionally Approved ❑ Denied aCity Clerk's Signatu
Council Meeting Date: Department ID Number: 95-061
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: ��MMI�ICHAEL T. UBERUAGA, City Adminis or G�
PREPARED BY: o"Les M. Jones II, Director, Public Work
SUBJECT: MODIFICATION OF THREE TRAFFIC SIGN CC-879; AWARD
Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis, nv- onmental Status,Attachment(s)
Statement of Issue: The City Clerk opened bids for the Modification of Three Traffic
Signals, CC-879 on September 1, 1995, and now the project stands ready for award.
Funding Source: Funds from the Gas Tax undesignated fund balance were approved with
Council's action to authorize to bid on November 7, 1994.
Recommended Action:
1. Accept the low bid submitted by De La Cruz Construction, Inc. for the Modification
of Three Traffic Signals, CC-879, and
2. Authorize the Director of Public Works to expend a total of $115,083 which includes
the contract cost of $70,075, estimated construction change orders $7,008, and
$38,000 in anticipated supplemental expenditures.
Alternative Action(s): Deny award of the contract to De La Cruz Construction, Inc.
and direct staff on how to pursue the project.
x
C3r - h
REQUEST FOR ACTION
MEETING DATE: DEPARTMENT ID NUMBER: 95-061
Analysis: On November 7, 1994, the Council approved the plans and specifications for the
Modification of Three Traffic Signals project and authorized the Director of Public Works to
solicit bids for construction. The traffic signal modifications are:
A. Add left turn arrows to Edinger Avenue at Edwards Street and revise left turn
operations on Edwards Street at Edinger Avenue.
B. Revise left turn operations on Hamilton Avenue at Brookhurst Street.
C. Rewire the traffic signal on Edinger Avenue at Sher Lane.
Bids, as summarized below, were received and opened on September 1, 1995.
CONTRACTOR BIDS
1 . De La Cruz Construction $70,075
Based upon an award of a construction contract to De La Cruz Construction, Inc., the cost of
the project would be as follows:
Contract Amount $70,075
*Project Change Orders 7,008
**Project Supplementals 38,000
TOTAL $115,083
* Resolution Number 4896 authorizes the Director of Public Works to spend up to 10% of
the contract amount for possible change orders. Examples of change orders include
changes in field conditions, errors in the plans or unforeseen work.
Examples of supplementals include city-furnished traffic signal poles and
appurtenances, utility hook-ups or items required but not part of the contract.
Environmental Status: Not Applicable
Attachment(s):
City Clerk's
Page . -
None
MTU/LMJ/JDO/TAE/tae =
0014282.01 -2- 09/06/95 11:40 AM
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Award Contract for CC-879
COUNCIL MEETING DATE: September 18, 1995
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Appoved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial I Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM:
SpaceOnly)
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
DE LA CRUZ CONSTRUCTION, INC. FOR
MODIFICATION OF THREE TRAFFIC SIGNALS (CC-879)
THIS AGREEMENT, made and entered into this 12th day of
October , 1995, by and between the City of Huntington Beach, a
municipal.corporation of the State of California, hereinafter referred to as "CITY", and
DE LA CRUZ CONSTRUCTION, 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 three signal modifications 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
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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 1991 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;
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3/k/delacruz/9/27/95
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
Seventy Thousand Seventy-Five Dollars ($70,075), 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.
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3/k/delacruz/9/27/95
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
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.
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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
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1 •
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.
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
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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;
(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.
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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 (35) days after the
acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be
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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
CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or
indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including
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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 California Labor Code section 1861, CONTRACTOR acknowledges
awareness of section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers compensation; CONTRACTOR covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONTRACTOR shall maintain workers compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy
limit.
CONTRACTOR shall require all subcontractors to provide such workers
compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish
to CITY a certificate of waiver of subrogation under the terms of the workers compensation
insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation.
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
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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.
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.
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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
any financial interest in this Agreement in violation of California Government Code sections
1090 et seq.
12
3/k/delacruz/9/27/95
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.
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
13
3/k/delacruz/9/27/95
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONTRACTOR.
31. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of this
agreement or to secure the performance
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.
DE LA CRUZ CONSTRUCTION, INC. CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
By: California
[[[JJJ"���
Tino De La Cruz, Pr i nt
f r..
Mayor
By:
Tino De La Cruz, Tre rer ATTEST:
R AND P City Clerk
APPROVED AS TO FO M:
City A mini t or
City Attorney;
INI TED OVED:
Director of P lic orks
14
3/k/delacruz/9/27/95
OCT '0 -q 1c5' P.
,pp n,. ��' r :.;:. .Sys , ,�Z•` u 'r.b'S` -� � l�� DATE(YMlO01YYJ
H'w���i��. A _ 10/09/95
Pw uc" Jay ullliems Agency/Insuranee Services THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
p•a• BoA 2737 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
328 N. Wewport Blvd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Ne%Wrt Beach CA 92659-0020 COMPANIES AFFORDING COVERAGE
COMPANY USFBG Ins. Co.
A
►M5URE0 De La Crux Construction, Inc. dbe: OLC Concrete Cuttir4l COMPANY
dba: DLC Traffic Safety 8 —
9200 Sorenson Ave. COMPANY
Santa Fe Springs CA 9W7 C
COMPANY
D
�. N u, ss„ Rv,,?p?
a f ..*.S. ,Seew..��`«b. Rx xw°w"� "4�`?r"�` 0. s��`Ar�`'`v.T:`do1° `»`P"r•.' RH., >> .;h,,,,�w�L'>.�k..:�f,�Skf''rir»>:,...,.. '-";,,,.'ey°".t".:
AaS'a. I?: kxso,.a.w ..:5,4�:SA.P.av :ow,w I�
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE.LISTED.BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
9NDrCATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR mAy PERTAIN. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. 11
EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAJA4S.
CO POLICY EFFECTIVE POLICY EXPIAATiON I LIMITS
TYPE OF INbURAIiCE POLICY NUMBER DATE(MiL'DD,')'Y) DATE IMw'nnNr 1
69MERHL LIANUTY I GENE7aAL AGGREGATE Js
COWAERCLkL CZNERAL uASu' TY PROQUCTS•COMPIOP AGG I S
CLAIMS NIA:+E OCCJA I F'ER�rOHAL b Ad1/INJURY S
OWNERS S CONTRACTORS PROT EACH OCCURRENCE $
FIRE OAMA0E IAm one Tiro) `S
! ' I MED EXP(Any One arson) 13
A AvTOMOBMA UAEJUTY
X ,ANY ALTO
ALL $ING:.f Ulyu'` f J 0,000
+ --
ALL OWN�iI A OS BOdLY INJURY
I SCHEDULEA AUTOS JAR 30074596200 � 10/08/95 10/08/96
(Per P—Gr.) :
Hir'IED AUTOS 1 ! I ISOCIILY Pw 0 j S
NOK DWNED A J70S I II
1 �PAOPEFfT1'DAMAGE I S
1 I III
WJ6i E LIABILITY I AUTO ONLY•EA ACC:DENT IS
ANY AUTO OTHER THAN AUTC ONLY:
EACHH ACODENT S
AGGAEOLATE S
EXCESS UABUM i I EACH OC.^.UARENCE is J
n'JM5AELLA FORM I I AGGREGATE i t
17 CTH_�R Truw UMBRELLA gopLm
WORKERS COMPENSATION AND l STATUTORY LIMITS
EMPLOYERS'LLMLITY EACH ACCIDENT f ...
THE PROPW£TOW r—' INCL �: J OdSEASE•POL7G„UMrf �S
PARfNERSARE:
OFFICERS ARE: 'DISEASE-EACH EMPLOYEE I f
OTHER
I
DESCRIPTION OF OPERA TIONS,'LOCATIONSJVEHICLESrSPECL L ITEMS
AIL Operations.
10 days notice of cancellation for non-payment of premium.
�+ i'.i•s�v w:,"�'<.u',Y, .' s - �rf wTT/�{�f x�r,oxsn<sy%� r<yd xk Ors Rik
<"
f4O p •.'r"+• fs:r yxnk�icii"fy:;x'<°x<�<t.; ';a
TE r+�,l�T7 �1� > �Kiri;✓.�.1�.. <� w LS � r°,K.�&EK
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
e.(PIHATION DATE THEnEOF, THE ISSUING COMPANY WILL BRIM.YD MAIL
City of Huntington Beach I S J DAYS WRITTEN NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT,
Attn: Terry EItiet 3W0=0rDMV=Ad&X�ffg=11100:00011FMA XWCgall [
2000 Main Street 1xwu�cn+aXo+acxc�rawc�Tnaiau'�va�iox Esc
Huntington Beach CA 92648 UTMORUZED REPA
ES J A
TIVE AA--
AC�ORP�1 3'sION iBas
'� �pL�M,i��t "" .....,.. >.•six:....e
i^ o� S■ ---- -- -- 11.14 �.30D +70,30
' �M S��■�,4 r 3v� � ter' :i1V. y ? .g7.rerV•.x+.......y`.'a. _� .. .
Laa9c+:�wow.y-•r'• ,,.�,.r..�'"w.�.J...•.. �'h i � '•.. •. � fir +t. ,�.,.
THUS CERTiRCATE !S ISSUED Ae A WTTER OF (NFn/E1rlAT'io�i••ONLY IiiwD.,..
CON!<JQEts NO R1Gii73 Ut'OAI T1'iE CER'T'tt'�CAT>d FIOLbER_ THtS C[R'tiF;C/1TE
Aknsata A Marla bDltt NOT AYEND� DRSND OR ALTFA TNe COYEFUIGE 4�CRDEp 8Y T?tE
lnnva4 d Aii eWa 1Ac. ....................................BELOW.
elos I#VSO
1 7
mil* C4 92613-44d8 COMPANIES AFFORDING COVERAGE
.
.......................__-.._.................................__..............................................................
,
CCIBANT A _.......
� Lt;7Tf�i �lnRtriaa+M Iaf. Gb,
_..............................- _................................
7Y74111>m Lrrm B Ord IAaiAam*14a Co.
!k La OW CoastrsrctloR .C+.. ......._..._..............................._.._............ ...........,...... ................. .......
........... .......
joljwaw Trook Safeq I
F10DSersnmx Awrwr ..........................___..................................--...............................
SaAto Fe�+iaj! G 91T678 Cowwr D _
LE7Tg1
;........,.. __ ..............................................................
THIS tS TO CERTIFY THAT THE PDJC;E9 pF tMSUR1NCE LISTED BEIIJW HAYS SM ISBUEO TO THE ENSURM N"eD ABOVE "THE POLICY
FND►cATa. NDmrrH9TANDING A✓Yl RI�OUIEiF]AtIf7, TERM OR Cn►JDMDN OF ANY CONTRACT OR OTHER DOCUMENT WITH ASPECT TO WHICH THIS
CEATIRCATE MAY 8E ISSUED OR MAY PERTAIN, THE INSLERANCE AFFORDED BY THE PWCIES DESOFdOEO HEREIN 1$ SUOUECT TO ALL THE TERL45,
[]fCLi18�ON9 MID COND;TiO;S OF SUCH POLICIES, UMITB 8HOMVN MAY HAVE
.BFEk REDUCED BY PAID CWhtS. __
_., -_ ............ ....................
LT>!� TYfE 6F arsataJr� ` rouOT NEt11eSl POLICY E7iiCT1Yi JOOU[Y am;Tpk
.:............._. .... ; eAIM E►t"DMYI aaTEiF OWM ; uQsb
A orxeRal t3+t!!sm d�03ISGLt........... ............ GS116/95........ .....OSJl6t%---......0e1raiu....,...........................................,..........:............
=M•ER K WQ MAL LLM ILRY
MA.Ud MADE LE a :OGR .K..............'__
A AD a •V.NA"
7 Q
POSON
. .. 'OM�EE�ts a COFr�+►CTOR's PRC'T.
..i ..............
r', i ._«.__....._.._..._.• I-Q ...............A ......Ste
.. ..._.._ .... .........._ ......ATW ofE3katT ..-_ -............................ _... • . mm spoof � .......__............. ....._.. ..........__._..... ....
AW AUra COMBRED�GCO
...;
7 r• .
ALL OW14m AtJTC3 ........ ........ .».........
i Auims , `80pdY Ui„tJgy.
n _ i p1w
i NO%-OM *D AUTOS
QS/16/9S � 0511 tS/96 ; ..........
P WWAG6
8 ! ....... ._ ................ . ... ..............
06 /pw- ' y ............... ...... " EV—..............................:E=E!m LAJLLHYSAC"0=0 `
-LA>
__ ....._.____....
jppp�80
k.... CrHEA TWW UM8tS1,1 r-0
MJblt>IDM'a OO+trF�tBATiar ".�:> TATvroFrf L..:A""...T:8 _..
.. .......................
I ......
AM .JCl CHfT
7
............
........... ..
OT►Ip1
"IV Doer NoRCt of i j
CanctRmGon for Ken-pjV
of Pnneluei.
D�CRs►t101) Of T>01Q1iLOCATDM4jVD1 .. ,
City of Nuns ngton Beach, end it's a cara,�spents and erplvyoos 3a1d all public agencies as determined by the City of
huntingta7 Stach are named additional in7Ured w/re to Ail Operation of the above r�Tmd insured.
•.THI& CERTIFICATE IS IN LIEU OF AND SUPERCEDES CIiRTIF1CATE ISSUED 07/24/95
��{._a-.^..�►sndwYilM'�?w�• Yfi ,.... .. F ..:: .�.: ...��"�HN��M!;.•a�h��.(���!�J..yp�y •w ��,.
BHOULD ANY OF THE AB()VF DESCRlSED POtlC1E5 BE CANCEU EO BEFORE THE
EXPIRATION DATE THEREOF, THE M3UtNG COMPANY WILL
Gty of FIw&aAgtoa Beach .., ►AIL JG * DAYS WPdrrEN NDTICE TO THE CERnFICAI•L' HOLDER NAMED TO THE
Ala:a/ep a Sq fery LEFT,
UM
p O. Bat 190
Xwvbgva SeacA GA 92648
C7alfTATTT
.-�'%^f. ..�i_^.L�.�.ry.�'MN9 .v���• '�rM'I.r y' ��.•f�nr"' � 1�f•_71p. ..�
T r1T/�I � AA
a;sn"-•.gut-.
8020 3 LP CO2�2MERCL�L GE���ri gib;
THIS ENDORSE-1,MNT auk TIE POLICY.T POLICY. PUB �`.?� ;�� CPzt
AJ)DITIONA.L INSURED - OWNERS, LES6��j
CONTRACTORS FORM B �..
nhis cmdorsement modifies incu=cz prmided under th:following:
CG RCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Narreof Person or Organia?LdOn: CITY OF HUNTINGTON BEACH, ITS OFFICERS, AGENTS
AND EMPLOYEES AND ALL PUBLIC AGENCIES AS DETERMINED BY THE CITY
Any Person., or^—izazSon, psrinerslup or joint-venture En,d cn a Ccrti�cat: of Insutzncz on file with
13,for winch you have agread in a written eantract to provide liability insurli.ce.
(If no entry appears above, information requirrd to complete this endorsement w1l be. shown in the.
Dttclarations as applicable to this endorse;natt.)
WHO IS AN INSURED-(Section II),is amender to include as an irsared the person or orgaz=pon
shows in the Schedule, but only with resP= to liability arising out of your 01190109 operations
uerformod for that insured.
If the additional insucd is arY archittk: erlginxr or surveyor, �•c won't cover "bodily. injury" or
"property damage", "prrso;l ? injury" thal result-: from the Rer -,mane or :,3ilure to perfom any
"pr0f=ionzJ services" for you or on your behalf. "ProfyssiorJal se;vie s." include but ate not hm?,td to
the f01l0% L-g:
1. Tne preparing, approving, or failutr, to -.pp'- :n
o�°c aus, drz�i,gs, opisu�`rls, reooru, sttrvcys,
c -tinge ord-rs,designs or sp„cifications; and
2. Supervisor;-,e.-gine;:ring, surv(:)Mg or 1-IspW60a se:ti:ocs
The fok wing is added to SEC'1lON N - COh '41:RCI.�L GEh�RAL L.ABIt1 TY CUf1D1TI0NS
subsection 4. O'u.er Insurance.:
�Lnsurancz pr ovidd by this endorseznetn is crx=s over other valid an:1 collectable insuranc:available to
,-L,e additional insured, whether primary, cx=s, c,-n, tingera or an)' other basis.
F,oN'cvcr, we will consider the insurance prodded by this wdorserne:it to be prin-ary insw-ane: and any
other insurance provided to the additional insured sh_ll be in e%c:.ss and not ceztribute with the
insurance provided by this policy, only if }'our contract with the add�tl01`11 insured rc;uired this
ins,ga.ncc to be primary. ,
APPP,OVED AS TO FOp?;;
Other tams: By:,
HUTTON, City l,ttc)
Py:;deputy City Attorney
,kll other tcm-15 of your polite'remain uncha.rtgod.
?/Z
lrcludec uopaiohted irxtc.i4l of ln>ursnce O.Ti;a,inc.,yith its p'-rnissicr,
CP-00I (ED.09/94) GEriIN' RJCA L COMPnN'f
* TOTAL PAGE . 005 a:
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
COMPENSATION x
INSURANCE s 4
`'�9.I`y,�;!'�if�RW'?`Yy.yJ�l.•K�L�JS''"fi,i�lKSa�'R''f's.P,it+GRi�'�:°?h��e!�1C<;�`'_., x s .. 9
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE R j
POLICY NUMBER:
CERTIFICATE EXPIRES i`
Y '
of
CITY UI: HG0= 2NGTON BEACT'. �
tii:tv^INGst1N BEACR CA 92648 `- ,. JOB 1,0 tr 0yFk;8
.:`, � ' �j`. � °. - LY`tY'. .tti°K .'Sf�l' i+w �`e•.:. /Y 5. i+y'Y S..
This is to certify that we have issued a valid Workers'Compensation insurance policy in a form approved by the Callforrna :,f
Insurance Commissioner to the employer named below for the policy period indicated. �`
This policy is not subject to cancellation by the Fund except upon ten days'advance written notice to the employer.
We will also give you TF��N3days'advance notice should this policy be cancelled prior to its normal expiration.
_.
*'��.�."irn'4" 3a�#�•,:�. -`se'- ''�s,*.t,�t+ s�a,� '�� 7C"�± �'�r. ? a�g' 'A + ; '`.�' � '��''' ,r �r���
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies
described herein is subject to all the terms,exclusions and conditions of such policies. "
a." s #.<...F,a..,eo .<,rvs.�* ..c?� o";b ss.S `•`s s spy(,- n
> ~ "c;�d 's e.�eF .^' sz' Yy � `�,j :.. ',y• tom• �£ ..,e F
PRESIDE]
T
'' }Tt ,M9pir Yi61t` LItAe 1LI3.'Y LIM3T IN,CLtJt) IN.la TJEFE�iSE. ;�US*S'�= : � I p �It G, E3)�41 f°ER )( i:,c�RRc
�.. �'I3370ft.SF?4Eia't i�'ta`J' ENI`I'T'LEIf CER`T'1.FICAF'E Ei(, L.)I;.`.i:, NC)'1'I:cz F=t'i:'I;C_'.IVE
1fI/05/95 IS AT It,AC€IE;) TO ANJ) FOR Mt 8 A PART OF THIS POLI6X s
8EC M 01 I:VD &
•. EM NT ;112005 AkTP CHEDYAP
{-c:$ � f•y�, * { ,[t t �. � :h� � *j f•c' '� yc-;� ♦ t � `*^^t,` ' � 'r-J� "'.' c.r,�.s'i� �:
��.ry
ID
.<. f .f`-'`b dY` FY t�. Y Y Y' ;•rp {,YCTv `, /•t
.ram` �`^I'' 4.`i,. Tr _:�4�` k,�.- •, -•t�' t.•. ,�, s+� �� w��lT,.
�; <r err_k'Y1` '4 {` 1 #' '� .'{c`y• '",r' `�' c '.• '
G
95 Y }
-. NP i' i4r..;i.^'
r �.Y EMPLOYER nfz P � a� -Tk� � � xii
�s' e� x ,� �•x'W{+n d a;f 3a...
�. T <x� y
1 ''
' "„f: ^t�:• 3 � ;�7" '� �`� �"'
THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND
I have received Bid Bond
for Modification of three traffic si -
on behalf of the Treasurer's Office.
Dated
By:
De La Cruz Construction, Inc.
9200 Sorensen Avenue, P. 0. Box 2338
Santa Fe Springs, CA 90670
AMERICAN MOTORISTS INSURANCE COMPANY
3SM 803 543 00
BID BOND
KNOW ALL MEN BY THESE PRESENTS : THAT WE, DE LA CRUZ CONSTRUCTION, INC .
AS PRINCIPAL, AND THE AMERICAN MOTORISTS INSURANCE COMPANY, A CORPORATION
ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF ILLINOIS , AND
AUTHORIZED TO DO BUSINESS IN THE STATE OF CALIFORNIA AS SURETY , ARE HELD
AND FIRMLY BOUND UNTO CITY OF HUNTINGTON BEACH
AS OBLIGEE, IN THE SUM OF 10% OF THE TOTAL AMOUNT BID NOT TO EXCEED
SIXTEEN THOUSAND AND NO/100THS ( $16 , 000 . 00 )
DOLLARS ,
LAWFUL MONEY OF THE UNITED STATES OF AMERICA, TO THE PAYMENT OF WHICH SUM
WELL AND TRULY TO BE MADE, THE PRINCIPAL AND SURETY BIND THEMSELVES , THETR
AND EACH OF THEIR HEIRS, EXECUTORS, ADMINISTRATORS , SUCCESSORS AND ASSIGNS ,
JOINTLY AND SEVERALLY BY THESE PRESENTS .
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, IF THE OBLIGEE SHALI. MAKE
ANY AWARD TO THE PRINCIPAL FOR :
TRAFFIC SIGNAL UPGRADE
CASH CONTRACT #879
BID DATE: SEPTEMBER 01 , 1995
ACCORDING TO THE TERMS OF THE PROPOSAL OR BID MADE BY THE PRINCIPAL THEREFOR
AND THE PRINCIPAL SHALL DULY MADE AND ENTER INTO A CONTRACT WITH THE OBLIGEE
IN ACCORDANCE WITH THE TERMS OF SAID PROPOSAL OR BID AND AWARD AND SHALL
GIVE BOND FOR THE FAITHFUL PERFORMANCE THEREOF, WITH THE AMERICAN MOTORIS`1'S
INSURANCE COMPANY AS SURETY OR WITH OTHER SURETY OR SURETIES APPROVED BY THE
OBLIGEE; OR IF THE PRINCIPAL SHALL, IN CASE OF FAILURE SO TO DO, PAY TO THE
OBLIGEE THE DAMAGES WHICH THE OBLIGEE MAY SUFFER BY REASON OF SUCH FAILURE
NOT EXCEEDING THE PENALTY OF THIS BOND, THEN THIS OBLIGATION SHALL BE NULL
AND VOID; OTHERWISE IT SHALL BE AND REMAIN IN FULL FORCE AND EFFECT.
DE LA CRUZ CONSTRUCTION, INC .
SIGNED, SEALED AND DATED
August 31 , 1995 BY:
AMERICAN MOTOR 'FACT
SURANCE COMPANY
BY : DAVID Z D
ATTORN I
PLEASE DIRECT ALL CORRESPONDENCE
LOU JONES & ASSOCIATES
MANAGING GENERAL AGENTS
7470 NO. FIGUEROA ST.
LOS ANGELES , CA 90041
213-257-8291
:t"A R3�i1A;ALL-PURPOSE ACKhI - G :::::::::..........................
State of _ California
County of Los Angeles
On AUG ?i 1995 before me, KID Wapato Notary Public,
NAME,TITLE OF OFFICER
personally appeared David Z. Noddle
NAME OF SIGNER
®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), or the entity upon
behalf of which the person(s) acted, executed the
�9y��JeOeJ�ea�6�KDyWAPATOVuutl��' instrument.
o e
cOMM. 91032903 c
NOTARY PUBLIC-CALIFORNIA S
LOS ANGELES COUNTY - 2 WITNESS my hand and official seal.
e My Comm. Expires July 24, 1988 o.
eCaeR• ` noeeacwAnnws o.a��PPPe60'b09
-ho
Ir
IGNATURE 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 BOND(S)
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
-----------------------------------
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR AUG 311995
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES) ----------------------------------------
American Motorists Insurance Company
SIGNER OTHER THAN NAMED ABOVE
®narionA
mmPa nes mvanes
XAiRICAN MOTORISTS INSURAPE COMPANY
Home Office: Long Grove, IL 60049
POWER. OF ATTORNEY
Know All Men By These Presents:
That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of
Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint
David Z. Noddle of Los Angeles, California
its true and lawful agent(s) and attorneys)-in-fact, to make, execute, seal, and deliver during the period
beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for anti) on
its behalf as surety, and as its act and deed:
Any and all bonds and undertakings provided the amount
of no one bond or undertak' exceeds TWO MILLION
FIVE HUNDRED THOUSAND DOLLAR ($2,500,000.00)******** .
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such
bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the American Motorists Insurance Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly
executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997.
This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of
Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a
true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as
being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in
writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and
attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature
thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and
held on the 23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to
resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so
executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be
valid and binding upon the Company."
In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 .
Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY
0 �4�11 e
Z t, 11 1
W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President
(OVER)
I have received Performance Rond, Payment Bond, R. Maltate+iafiee Bond
for Modification of Three Traffic 4ivana1c, CC-87q
on behalf of the Treasurer's Office.
Dated 1A ' L
y:
r7
De La Cruz Construction, Inc.
9200 Sorensen Avenue
P. 0. Box 2338
Santa Fe Springs, CA 90670
*American Motorists lnsuranc�ompany
7470 North Figueroa Street, Los Angeles, Ca 90041
(213)257-8291
MAINTENANCE BOND
Bond Number: 35M 884 236 00
Premium:$inciude. In Perf.1 yea
KNOW ALL MEN BY THESE PRESENTS: That De I a Cruz Construction. Inc. as Principal,
and AMERICAN MOTORISTS INSURANCE COMPANY, a corporation organized and existing
under the laws of the State of Illinois and duly authorized to transact a general surety business in the
state of Cal i forni a hereinafter called the Surety, are held and firmly bound unto City of
Huntington Beach in the sum of Seventy Thousand Seventy.Five and No/100ths DOLLARS
($70,075.00) lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,
jointly and severally, firmly by these presents.
SEALED, with our seal and dated this 3rd day of October 1995
WHEREAS, on the xxxxx day of xxxxx 1995,the said principal entered into an agreement to
the Obligee for Modification of (3) traffic signals/CC-879
WHEREAS, under the terms of the specification for said work, the said Principal is required to give
bond or maintenance to protect the said Obligee against the result of faulty materials or workmanship
for a period of QE year(s)from and after the date of completion and acceptance of same.
NOW,THEREFORE, If the said Principal for a period of ME year(s)from and after the date of
completion and acceptance of same by said Obligee, replace any and all defects in said work
resulting from defective materials or defective workmanship, then the above obligation to be void;
otherwise to remain in full force and effect.
AMERICAN MOTORISTS S NCE COMPANY
SURETY COMPJDZ.
BY:
Noddle,Attorney In Fact
De La Cruz Co1r iorl• Inc.
PRINCIPAL:
�� ✓r
DIRECT ALL CORRESPONDENCE TO. BY:
LOU JONES&ASSOCIATES
7470 NORTH FIGUEROA ST.
LOS ANGELES,CA 90041 (213)257-8291
CAl.1FORNI.. ..::.
A At.1.. P.0 RF,OS E ACKN+DWI..EIJGM.ENT .:::;:: :::.>....... :::>:::' ':::::::>::> .:::;;;:::.;:>.;<:<:>.>:>;:..::
State of California
County of Los Angeles
On OCT 03 1995 before me, KD Wapato, Notary Public,
NAME,TITLE OF OFFICER
personally appeared David Z. Noddle
NAME OF SIGNER
®Personally known to me - OR - ❑ proved tome 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
e
ooe•o°f°esooeeoe® °WAPAT� oeesee
e �U instrument the person(s), or the entity upon
COMM. 1032903 behalf of which the person(s) acted, executed the
j : 2 P ( )
;40TARY PUBLIC CAUFORNIA
LOSANGfdESC"T 1998 ; instrument.
e My Ces{Im.Exp'a�s ltdy
24,e
ceme°°�seeoeoeN�eeoNeeoo°eNeoo♦
WITNESS my hand and official seal.
�A4� \��uQa�- t
(SIGNATURE OF NOTARY)
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL E.—;OND(S)
❑ CORPORATE OFFICER __ _ _
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR O C T 0 3 1995
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES) _
American Motorists Insurance Company
SIGNER OTHER THAN NAMED ABOVE
OAmerican Motorists Insuran ompany
7470 North Figueroa Street, Los Angeles, Ca 90041
(213)257-8291
MAINTENANCE BOND
Bond Number: 3SM 884 236 00
Premium:$Include. In Perf.1 yea
KNOW ALL MEN BY THESE PRESENTS: That Be La Cruz Construction. Inc. as Principal,
and AMERICAN MOTORISTS INSURANCE COMPANY, a corporation organized and existing
under the laws of the State of Illinois and duly authorized to transact a general surety business in the
state of California hereinafter called the Surety, are held and firmly bound unto City of
Hunt i naton Beach in the sum of Seventy Thousand Seventy Five and No/100ths DOLLARS
($70,075.00) lawful money of the United States of America, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,
jointly and severally, firmly by these presents.
SEALED, with our seal and dated this 3rd day of October 1995
WHEREAS, on the xxxxx day of xxxxx 1995, the said principal entered into an agreement to
the Obligee for Modification of (3) traffic signals/CC-879
WHEREAS, under the terms of the specification for said work,the said Principal is required to give
bond or maintenance to protect the said Obligee against the result of faulty materials or workmanship
for a period of Qd.E year(s)from and after the date of completion and acceptance of same.
NOW, THEREFORE, If the said Principal for a period of QNE year(s)from and after the date of
completion and acceptance of same by said Obligee, replace any and all defects in said work
resulting from defective materials or defective workmanship, then the above obligation to be void;
otherwise to remain in full force and effect.
AMERICAN MOTORISTS JNS NCE COMPANY
SURETY COMPANY
BY:
D Z. Noddle,Attorney In Fact
De La Cruz Con,-,i<ructiori. Inc.
PRINCIPAL:
� ✓L
DIRECT ALL CORRESPONDENCE TO: BY:
LOU JONES&ASSOCIATES
7470 NORTH FIGUEROA ST.
LOS ANGELES,CA 90041 (213)257-8291
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On OCT 03 1995 before me, KID Wapato, Notary Public,
NAME,TITLE OF OFFICER
personally appeared David Z. Noddle
NAME OF SIGNER
■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
......•.....a...• APATO ......
instrument the person(s), or the entity upon
COMM. #1032903 behalf of which the person(s) acted executed the
s p O
z � ; 40TARY PUBLIC-CAL"R" 2
Los Ire ssC(Ibhlr instrument.
my'- CARM. ads)ufy 24, 19y6 •
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 �'.;OvD(S)
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR OC I 0 3 1995
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
American Motorists Insurance Company
SIGNER OTHER THAN NAMED ABOVE
y PRE�y M. 'ASED ON FINAL CONTRACT'MICU-11
•
AMERICAN MOTORISTS INSURANCE COMPANY
7470 NORTH FIGUEROA STREET,LOS ANGELES,CA 90041
PUBLIC WORKS
PERFORMANCE BOND
BOND NUMBER: 3SM 884 236 00
PREMIUM: $1,051.00
KNOW ALL MEN BY THESE PRESENTS: That we, De La Cruz Construction, Inc. as Principal, and American
Motorists Insurance
Company,a corporation organized and existing under the laws of the State of Illinois,authorized to transact
Surety business in the State of California as Surety are held and firmly bound unto City of Huntington
Beach ,as Obligee, in the sum of Seventy Thousand Seventy Five and No/100ths DOLLARS ($70,075.00)
lawful money of the United States of America, for the payment whereof,well and truly to be made, we hereby
bind ourselves,our heirs,executors, administrators, successors and assigns,jointly and severally, firmly by
these presents.
WHEREAS,the above bounden Principal has been awarded and has entered into a contract dated 00/00/00
with said Obligee to do and perform the following work,to wit:
Modification of (3) traffic signals/CC-879
and will more fully appear in contract, reference to which is hereby made.
NOW,THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH,That, if the above bounden Principal
shall well and truly perform, or cause to be performed,each and all of the requirements and obligations of
said contract this bond shall be null and void,otherwise it shall remain in full force and effect.
SIGNED,AND SEALED WITH OUR SEALS, AND DATED: October 03, 1995
De La Cruz Construction, Inc.
AMERICAN MOTORISTS INSURANCE COMPANY
(PRINCIPAL) (SURETY)
BY: BY:
ALOS
e, Attorney In Fact
ALL CORRESPONDENCE TO:
NES &ASSOCIATES
. FIGUEROA ST.
GELES, CA 90041
(213)257-8291
r • •
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CALIFORNIA ;:-:;::.::;:i;:.;:.:;;:v<.:::i:>:: :.:::::::...<>:'«.:.::.;r:;.:::;.i:::.ii:::.:.i:;:<:::>:<::;::::::.ii;.<:.;>i>:;:.;:.::.::.::i::::;.:::<.<:<.i:;.:
_ _ Af»t U RPOS E AC}((�t7W1.E0. MEN ':.;;::::.
State of California
County of Los Angeles
On OCT 0 3 1995 before me, KD Wapato, Notary Public
NAME,TITLE OF OFFICER
personally appeared David Z. Noddle
NAME OF SIGNER
■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
a.•cr•••�••••°°°•°`�••••ck�ccoc+•• instrument the person(s), or the entity upon
KD WAPAYO ° behalf of which the person(s) acted, executed the
COMM. #1032903 instrument.
4,TARY+PUBLIC-CALIFORMA S
iOS'WaEs CodNTY
°•c..•�•:•e��;�:::; :;;;I;;,;;99; 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 1550ND(S)
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
■ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR r ��9�
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
American Motorists Insurance Company
SIGNER OTHER THAN NAMED ABOVE
AMERICAN 10TORISTS INSURANCE CO*ANY
7470 NORTH FIGUEROA STREET, LOS ANGELES, CA 90041
PUBLIC WORKS
PAYMENT BOND
BOND NUMBER: 3SM 884 236 00
KNOW ALL MEN BY THESE PRESENTS:
That we, De La Cruz Construction, Inc. as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY, a
Illinois Corporation authorized to transact Surety Business in the State of California , as Surety, are held and
firmly bound unto City of Huntington Beach as Obligee, in the sum of Seventy Thousand Seventy Five and
No/100ths DOLLARS ($70,075.00 ) lawful money of the United States of America, for the payment whereof,
well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors, and
assigns,jointly and severally, firmly by these presents.
WHEREAS, the above bounded Principal has been awarded and has entered into a contract, dated 00/00/00,
with said Obligee to do and perform the following work, to wit:
Modification of (3) traffic signals/CC-879
as will more fully appear in said contract, reference to which is hereby made and,
WHEREAS, said Principal is required by the provisions of Chapter 7, Title 15, Part 4, Division 3 of the Civil code
to furnish a bond in connection with said contract, as hereinafter set forth.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, is such, That, if said Principal, his or its heirs,
executors,administrators, successors or assigns or sub-contractors, shall fail to pay for any materials, provisions,
provender, or other supplies or teams, implements or machinery used in, upon, for or about the performance of
the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the
Unemployment Insurance Act with respect to such work or labor, as required by the provisions of Chapter 7,
Title 15, Part 4, Division 3 of the Civil Code, and provided that the claimant shall have complied with the
provisions of said Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise
Tax Board from the wages of employees of the Principal and his subcontractors pursuant to Section 18806 of the
Revenue and Taxation Code, with respect to such work and labor, the Surety hereon will pay for the same in an
amount not exceeding the sure specified in this bond;otherwise the above obligation shall be void. In case suit is
brought upon this bond, the said Surety will pay a reasonable attorney's fee to be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims
under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought
upon the bond.
SIGNED, SEALED WITH OUR SEALS,AND DATED: October 03, 1995.
De La Cruz Construction, Inc.
[PRINCIPAL] American Motorists Ins r ce Company
[SURETY]
By: By:
David Z.;rdriey In Fact
CA4�.F(7Rf IA Ata, :PikRPUSE.ACiCNt E .C3MENT::»::.s>: :s:<,;::>::;.:.>;:.>::;:.;:..>...;.:.::.;>:::::<:>;;::.;:.;>;;::.:;;>::>;.... ........ .:>:;;.. ..;.
State of California
County of Los Angeles
On OCT 0 3 1995 before me, KD Wapato, Notary Public,
NAME,TITLE OF OFFICER
personally appeared David Z. Noddle
NAME OF SIGNER
®Personally known tome - OR - ❑ proved tome 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
•••..ee.ee• the same in his/her/their authorized capacity(ies),
° ••eeeKD *eeeeeeees•e• and that by his/her/their signature(s) on the
e ,
�M 1.�AoATO G instrument the person(s), or the entity upon
2 NOTARY?UBLIC-CALIFORNIA SgR behalf of which the person(s) acted, executed the
° WS ANGFLES COUNTY
2
®ooseeeeee,e19�; �Xp rtes Jufy 24, 1998 ° instrument.
�'s+eel�eeeeeseeyeee°
WITNESS my hand and official seal.
�� \o ca
(SfONATURE O'P 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 BOND(S)
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
0 ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR OCT 0 3 1995
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
American Motorists Insurance Company
SIGNER OTHER THAN NAMED ABOVE
• r-'
naTiomi
E * dmp nee
AMERICAN MOTORISTS INSURANCE COMPANY
Home Office: Long Grove, IL 60049
POWER OF ATTORNEY
Know All Men By These Presents:
That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of
Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint
David Z. Noddle of Los Angeles, California
its true and lawful agent(s) and attorneys)-in-fact, to make, execute, seal, and deliver during the period
beginning with the date of issuance of this power and ending December 311 1997, unless sooner revoked for and .on
its behalf as surety, and as its act and deed:
Any and all bonds and undertakings As
the amount
of no one bond or undertaking exceeds TWO MILLION
FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00)%•********
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such
bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any time by the American Motorists Insurance Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly
executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 311 1997.
This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of
Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a
true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as
being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in
writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and
attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature
thereof, and any such officers of the Company may appoint agents for acceptance of process.-
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and
held on the 23rd day of February, 1988:
-VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to
resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so
executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be
valid and binding upon the Company."
In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its
corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 .
Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY
0 )4�1-1 e
"P= S: t'<--"'
W. A_ Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President
(OVER)
STATE OF ILLINOIS SS
COUNTY OF LAKE
I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, III and W. A. Grauzas personally known
to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the American
Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument,
appeared before me this.day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation
and as their own free and voluntary act for the uses and purposes therein set forth.
My commission expires: 1-28-98 A6 A,Ah ,&a Irene Klewer, Notary Public
4 "OFFICIAL SEAL" ►
4 Irene Klewer ►
4 Notary Public,Slate of Illinois ►
My Commission Expires 1128/98 ►
VVVVVVVVVVVVV
CERTIFICATION
I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power
of Attorney dated January 01, 1994 on behalf of the person(s) as listed on the reverse side is a
true and correct copy and that the same has been in full force and effect since the date thereof and is in full
force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, III and W. A.
Grauzas who executed the Power of Attorney as Exec. Vice President and Secretary respectively were on the date
of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the
American Motorists Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American
Motorists Insurance Company on this day of O C T U 1995 , 19
/ N.J.Zarada, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
FM 836-5 6-92 1M PRINTED IN U.S.A.
Power of Attorney - Term
SECTION C
PROPOSAL
for the
MODIFICATION OF THREE TRAFFIC SIGNALS
at
EDINGER AVENUE AND EDWARDS STREET
EDINGER AVENUE AND SHER LANE
BROOKHURST STREET AND HAMILTON AVENUE
CASH CONTRACT No. 879
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 City
of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees
to complete the work within 60 working days, starting from the date of the Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, plans,
specifications, Instructions to Bidders and all other contract documents. If this proposal is
accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or
lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to
enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the
guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation
under the contract will be based upon the actual quantities of work satisfactorily completed. THE
AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is
agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties,
fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such
time the contract is not awarded, the AGENCY will reject all 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.
C-1
CITY OF HUNTINGTON BEACH
2 0 0 0 Main Street P . 0 . B o x 1 9 0 Calif o r n i a 9 2 6 4 8
Les M. Jones II Public Works Department
Director MODIFICATION OF THREE TRAFFIC SIGNALS (714) 536-5431
CASH CONTRACT NO. 879
ADDENDUM NUMBER 1
August 23, 1995
Notice To All Bidders:
The following shall be included in the bid documents:
1) The City of Huntington Beach, Standard Special Provisions for the Construction
of Traffic Signals and Street Lighting, 1995 Edition.
2) The City of Huntington Beach, Standard Plan Numbers 100 and 217.
All bidders are requested to acknowledge the receipt of this Addendum with your bid proposal.
Please be advised that the Engineer's Estimate for this project remains unchanged by this
revision. Should you have any questions regarding this Addendum, please call me at (714)
536-5580.
Sincerely,
�! e'
Terri A. Elliott, P.E.
Project Engineer
TAE:gd
This is to acknowledge receipt and review of Addendum Number 1, dated August 23, 1995. It
is understood that this revision of the new document shall be included in the Bid D
De La Cruz Construction, Inc.
9200 Sorensen Ave., P.O. Box 2339
Santa Fe Springs, Ca 90670
Company Name By
Date
#14074
h default If awarded the Contract, tie undersigned agrees that in the event•the BIDDER'S de au t 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 Bid Bond in the amount of$16,000.00 which
said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice
Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified
Check", or "Bidder's Bond", as the case may be).
Bidder shall signify receipt of all Addenda here, if any:
Addenda No. Date Received Bidder's S'
1 8/23/95
C-2
*PROJECT BID SCHEDULE •
Item Estimated Item with unit price Extended
No. Quantity written in words Unit Price Amount
1 2 Install City Furnished Controller Cabinet Complete
each @ eight hundred seventy Dollars $ 870.00 $ 1740.00
no Cents
Per each
2 2 Install City Furnished Poles and Appurtenances Complete
at Two Locations
each @ six thousand five hundredDollars $6,524.00 $ 13,048.
twenty four dollars
Cents
Per each
3 4 Install City Furnished Rockwell Video Detectors
each @two hundred forty five Dollars $ 245.00 $ 980.
no Cents
Per each
4 2 Furnish and Install No. 3 1/2 Pull Box
each @three hundred for )f fi vP Dollars $ 345.00 $
no Cents
Per each
5 11 Furnish and Install No.6 Pull Box
each @ three hundred eighty fiyeDonars $ 385.00 $ 4,235.
no Cents
Per each
6 285 Furnish and Install 1 1/2"Sch. 80 P.V.C.
linear feet @ twelve Dollars $ 12.60 $ 3,591.( 0
sixty Cents
Per linear feet
7 480 Furnish and Install 3"Sch. 80 P.V.C.
linear feet @ twenty one Dollars $ 21.00 $10,0 8 0.
n n Cents
Per linear feet
8 3 Furnish and Install Wire/Cable Complete
each @six tho rand nine himdrecDollars $6,902.00 $20,706.
two dollars no cents Cents
Per each
9 4 Install City Furnished#511 EVPE Complete
each @five hundred five Dollars $ 505.00 $ 2,020.
CD
no Cents
Per each
10 1 Install City Furnished#521 EVPE Complete
each @five hundred five Dollars $ 505.00 $ 505.
no Cents
Per each
C-1s
*PROJECT BID SCHEDULE •
tem Estimated Item with unit price xten e
No. Quantity written in words Unit Price Amount
11 3 Install City Furnished#522 EVI'E Complete
each @ five hundred five Dollars $ 505 . 00 $1 ,515 .00
no
Cents
Per each
12 3 Furnish and Install Detector Loop
00
each @two hundred ten Dollars $ 210. $ 630. 00
no Cents
Per each
13 1 Furnish and Install Bicycle Detector Loop
each @ two hundred ten Dollars $ 210.00 $ 210.00
no Cents
Per each
14 1 Install City Furnished I.I.S.N.S. @ Edinger/Sher
each @ four hundred fifty Dollars $ 450 .00 $ 450. 00
no Cents
Per each
15 3 Temporary Signal Wire
ree thousand unre 3,225.0 9 ,675 .00
each @th th d t hd �ollars $
twenty five dollars/no Cents
Per each
16
o @ Dollars $ $ G
Cents 70,07S•so
Per o
Total Amount Bid in Figures: $ ,
Total Amount Bid in Words: e....Y......................................................
......................................................... ........ ...............................................................
SC-�E Ty -r j SEU V E-Pt5t-LAt�
C-2s
OLIST OF SUBCONTRACTORS
In accordance with Government Code Section 4104, the Bidder shall set forth the name and
business address of each subcontractor who will perform work or render service to the bidder on
said contract in an amount in excess of one-half of one percent of the total bid and the portion of
the work to be done by such subcontractor.
Portion Name and Address of Subcontractor State License Class
of Work Number
Smithson Electric 614518C C-10
12 1938 E Katella Orange, Ca 92667
By submission of this proposal, the Bidder certifies:
1. That he is able to and will perform the balance of all work which is not covered in the
above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
C-3
NONCOLLUSION AFFIDAVIT
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
State of California
ss.
County of Orange
41 M b t Co, CY 1A bein first dulysworn deposes and says that he op�te-is
1-11 d �rA 1 of I)C e party making the
foregoing bid that the bid is not made in the interest o , 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 has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price, or that of any other
bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will
not pay fee to any corporation, partnership, company association, organization, bid depository, or
to any member or agent thereof to effectuate a collusive or sham bid.
De La Cruz Construction, Inc
QhM
TERESA ENTERRIOS Name of Bidder
COMM.#1057200
NotaryPuble—Cdifomla
LOS ANGELES COUNTY
y Comm.Exow APR 27,1999
Si&Wiature othidder
9200 Sorensen Ave Santa Fe Springs, Ca
Address of Bidder
Subscribed and sworn to before me this day of �Ki99 .
NOTARY PUBLIC
NOTARY SEAL
C-4
: 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 MODIFICATION OF THREE TRAFFIC SIGNALS, (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 Administrative Code, Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, is familiar with the
operation to be performed and the hazards involved."
The undersigned also promised and agrees that all such work shall be performed in accordance
with all applicable electrical utility company's requirements, Public Utility Commission orders, and
State of California Cal-OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding
upon any subcontractor or subcontractors that may be retained or employed by the undersigned,
and that the undersigned shall take steps as are necessary to assure compliance by any said
subcontractor or subcontractors with the requirements contained herein.
De La Cruz Construction, Inc
Contractor
J
By
President
Title
Date: 9/1/95
C-5
: DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty
of perjury, the following questionnaire.
QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary
interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or
completing a Federal, State or local government project because of a violation of law or a safety
regulation?
❑ Yes 10 No
If the answer is yes, explain the circumstances in the space provided.
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
C-6
COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate.
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.
De La Cruz Construction, Inc
Contractor
By
President
Title
Date: 9/1/95
C-7
WDERGROUND SERVICE A•
IDENTIFICATION NUMBER
RT
(To be completed only by the awarded Contractor prior to exca
vation)
No excavation will be permitted until this form is completed an
Section 4216/4217 of the Government Code d returned to the AGENCY.
before a Permit to Excavate will be valid. requires a Di Alert Identification Number be issued
g
To obtain a Dig Alert Identification Number, call Underground
minimum of two working days before scheduled excavation.
Service Alert at 1-800-422-4133 a
Dig Alert Identification Number:
De La Cruz Construction
Contractor Inc
By
President
Title
Date: 9/1/95
Note: This form is required for ever
during the course of the Work. y Dig Alert
Irlent0leation Number issued b
upon reY USA.
quest. Additional forms may be obtained from the AGENCY
C-8
•BIDDERS INFORMATION •
,
BIDDER certifies that the following information is true and correct:
De LA Cruz Constuction, Inc
Bidder Name
9200 Sorensen Ave
Business Address
Santa Fe Springs Ca 90670
City, State Zip
(310 ) 906-1630
Telephone Number
594727 A B C-21 C-36
State Contractor's License No. and Class
5/90
Original Date Issued
6/97
Expiration Date
The work site was inspected by of our office on , 199_.
The following are persons, firms, and corporations having a principal interest in this proposal:
Tino De La Cruz
C-9
Th-e undersigned ispreparedo satis the Council of the City of H�'�tin on Beach of its ability,
g satisfy Y St Y,
financially or otherwise, to perform the contract for the proposed work and improvements in
accordance with the plans and specifications set forth.
De La Cruz struction nc
Compa Name
I /��
Signature of dder
Tino De La Cruz
Printed or Typed Signature
Subscribed and sworn to before me this day of fVllkymh ,
TERESA ENTERRKX
< COMM.#10572M
Notary Pubuc—Ca6bmia
LOS ANGELES COUNTY
My Comm.Expkes APR 27.1999
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:
I. City of Burbank 275 E Olive Ave 91510
Name and Address of Public Agency
Name and Telephone No. of Project Manager:Michael Moss (818) 953-9526
$320,000.00 Traffic Signal/interconnect 8/95
Contract Amount Type of Work Date Completed
2. City of Westminster 8200 Westminster Blvd 92683
Name and Address of Public Agency
Name and Telephone No. of Project Manager:Peter Mackprang (714) 898-3311
$187,000.00 Interconnect 8/94
Contract Amount Type of Work Date Completed
3 City of Mission Viejo 25909 Pala Suite 150 92691
Name and Address of Public Agency
Name and Telephone No. of Project Manager:Mark Chagnon (714) 4 7 0-10 5 7
$380,000.00 Interconnect 4/95
Contract Amount Type of Work Date Completed
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