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HomeMy WebLinkAboutDe La Cruz Construction, Inc. - 1995-06-19 .4-"Ie CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH _>TO THOSE LISTED HEREON. FROM ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETENTION PAYMENT cc DATE The conformed copy of the Notice of,Completion for.the above contract has been fled The thirty-five (35) day waiting period has elapsed o� will elapse before payment is made.- Processing of the 10% retention payment is recommended.so Iona as no stop notices or outstanding invoices are on file with the City. AN T. VI LELLA, Director of Finance certify that no stop notices are on file on the subje t at this time. Date: LES O ES, Public Work irector certify that no stop notices are on file on the subject.contract and that a guaranty bond has been filed. Date: CONNIE BROCKWAY, C4 Clerk 1-certify that there are no outstanding invoices on file. Date: DON WATSON, City Treasurer 0011042.01 03/14/95 12:57 PM 973 P02 APR 2419G 11 : 11 .• Tr.*,.7N/LJI 17,0 LL.ti !;M-:J r-. iJr J ...+ .r.+r.v ..v....v •�� -- City of Huntington Beach Department of Public works P.O. Sox 1.90 Huntington beach, California 92648 Attention: Subject: Certification of Compliance with Title VII of the Civil. Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: They undersigned, contractor on —Fro3ect no. Title hereby Certifies that all laborers, mechanics, apprentices, trainees, watchman . and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wades at Fates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth ir. the contract or training program provisions applicable to wage rate paid . Signature and Titl M Y 973 Pol APR 24' 95 11 : 11 "b4/23/1996 12:17 114-114-1�(4 r1n ru"L.Lt. wumr.;) I ECLARATTON OF SATISFACTION OF CLAIMS .r +� LA, state t ame Ot Contractor) 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the Public worKs contract entitled CA obnkc 1 t and dated �1Z95 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 c' the State of California: ( if none, State "NONE" ) I declare under - penalty of perjury that the foregoing is true and correct. . Executed at LAb ron this day of ($ gnature Of Contractor CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK December 5, 1995 Gary L. Granville, County Clerk-Recorder P. 0. Box 238 Santa Ana, CA 92702 Dear Sir: Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P. 0. Box 190, Huntington Beach, California 92648. Enclosed also is a copy of the Notice of Completion and a stamped, self-addressed envelope. Please return the conformed copy-document number, recording date, book and page number. Sincerely yours, Connie Brockway City Clerk CB:cc Enclosures g:\cc\nscplltr (Telephone: 714-536-5227) ( 7 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder 111111111111111111111111111111111111111111111111111111III No Fee WHEN RECORDED MAIL TO: 19950558387 11 ;04am 12/14/95 CITY OF HUNTINGTON BEACH N12 127.00 02 54 .00 N12 1 7.00 @.00 0.00 0.00 0.00 0.00 Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee, 2000 Main Street, Huntington Beach, CA 92648,that the contract heretofore awarded by the City Council of the City of � Huntington Beach, California to DE LA CRUZ CONSTRUCTION.who was the company thereon for doing the following work to-wit: I `� TRAFFIC SIGNAL INSTALLATION AT WARD STREET AND GARFIELD AVENUE; CC-1013 I tj INTEREST: Easement � C That said work was completed December 4,1995 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was c accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on C Monday,December 4, 1995. That upon said contract Liberty Mutual 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 5th day of December, 1995. i City Clerk and ex-officio ClOk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California,this 5th day of December, 1995.. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California gAfollowupinscplgs - . Council/Agency Meeting Held: Deferred/Continued to: 4Lj4ZL-bW Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: December 4, 1995 Department ID Number: 95-082 REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS i SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator / 61t PREPARED BY: Les M. Jones II, Director, Public Works ' SUBJECT: NOTICE OF COMPLETION FOR THE TRAFFIC SIGNAL INSTALLATION AT WARD STREET AND GARFIELD AVENUE; CC-1013 Statement of Issue,Funding Source,Recommended Action,Alternative Action,Anal sis,Environmental Status,Attachment(s) Statement of Issue: De La Cruz Construction, Inc. has completed the Traffic Signal Installation at Ward Street and Garfield Avenue. Funding Source: Sufficient funds were authorized and made available in account E-SX- PC-013-6-43-00 for this project from OCTA's Measure M, GMA No. 6 Program. Recommended Action: 1 . Accept the improvements of Cash Contract No. 1013, Traffic Signal Installation at Ward Street and Garfield Avenue, and authorize the City Clerk to file the Notice of Completion. 2. Approve the total project cost of $89,782. Alternative Action(s): N/A REQUEST FOR ACTION MEETING DATE: December 4, 1995 DEPARTMENT ID NUMBER: 95-082 Analysis: On June 19, 1995, the City Council awarded a contract to De La Cruz Construction, Inc. for the Traffic Signal Installation at Ward Street and Garfield Avenue, Cash Contract No. 1013. 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: $56,715 $54,949 Construction Change Orders: 5,670 0 Supplemental Expenses: 35,000 34,833 Total: $97,385 $89,782 As the Cost Summary indicates, a savings of $7,603 occurred as a result of the actual expenditures being nearly 7.8% less than estimated. Environmental Status: N/A Attachment(s): Page City Clerk's - None LMJ/REE/JDO/TAE/tae f- 0015584.01 -2- 11/20/95 2:27 PM r - RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: CC-1012, Notice of Completion COUNCIL MEETING DATE: December 4, 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 Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR" RDED Administrative Staff �(Si Assistant City Administrator Initial 47r1,� City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: Space . Only) �i i Council/Agency Meeting Held: Deferred/Continued to: ❑ Approved ❑ Conditionally Approved ❑ Denied ity Clerk's Signature/ Council Meeting Date: June 19, 1995 Department ID Number: 95-043 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: Les M. Jones II, Director, Public Works�� SUBJECT: TRAFFIC SIGNAL INSTALLATION AT WARD SIT AND GARFIELD AVENUE, CC-1013; AWARD Statement of Issue, Funding Source, Recommended Action, Alternative Action, Analysis Environmental Status, Attachment(s) Statement of Issue: The City Clerk opened bids for the Traffic Signal Installation at Ward Street and Garfield Avenue, CC-1013, on May 25, 1995 and now the project stands ready for award. Funding Source: The project is funded by OCTA's Measure M, GMA No. 6 Program in the amount of $115,000. Contract Amount $56,715 * Project Change Orders 5,670 *' Project Supplementals 35,000 TOTAL $97,385 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. Recommended Action: 1. Accept the low bid submitted by De La Cruz Construction, Inc. for the Traffic Signal Installation at Ward Street and Garfield Avenue Project, CC-1013, and 2. Authorize the Director of Public Works to expend a total of $97,385 which includes the contract cost of $56,715, estimated construction change orders $5,670, and $35,000 in anticipated supplemental expenditures. /I REQUEST FOR COUNCIL ACTION MEETING DATE: June 19, 1995 DEPARTMENT ID NUMBER: 95-043 Alternative Action(s): 1. Deny award of the contract to De La Cruz Construction, Inc., and select one of the other responsive bidders. 2. Reject all bids and direct staff on how to pursue the project. Analysis: On May 1, 1995, the Council approved the plans and specifications for the Traffic Signal Installation at Ward Street and Garfield Avenue project and authorized the Director of Public Works to solicit bids for construction. Bids, as summarized below, were received and opened on May 25, 1995. CONTRACTOR BIDS De La Cruz Construction $56,715 DBX, Inc. $58,885 Superior Signal $59,487 Skip's Electric $61,338 Baxter-Griffin Company $81,840 Environmental Status: Planning has reviewed this project and determined it to be Categorically Exempt pursuant to the California Environmental Quality Act, Section 15303 Class 3. Attachment(s): City Clerk's Page Number None MTU/LMJ/JDO/TAE/tae 0012356.01 -2- 06/07/95 8:48 AM A,"je CITY OF HUNTINGTON BEACH 0Lj 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 5, 1995 De La Cruz Construction, Inc. 9200 Sorensen Avenue 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. In addition,the following item must also be on file,with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty,then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department, 536-5441. Sincerely, G� ald� Connie Brockway, CMC City Clerk CB:cc Enclosure: Contract Declaration of Satisfaction Certificate of Compliance Copies/bonds, insurance g:followup\cashcon (Telephone:714-536-5227) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DE LA CRUZ CONSTRUCITON, INC. FOR TRAFFIC SIGNAL INSTALLATION AT WARD STREET AND GARFIELD AVENUE (CC-1013) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT & TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON-ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ATTORNEY FEES 15 32. ENTIRETY 15 3/k/sard/6/27/95 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DE LA CRUZ CONSTRUCITON, INC. FOR TRAFFIC SIGNAL INSTALLATION AT WARD STREET AND GARFIELD AVENUE (CC-1013) THIS AGREEMENT, made and entered into this 30th day of August , 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, 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 installation of a traffic signal at Ward Street and Garfield Avenue (CC-1013) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. 1 3/kMard/6/27/95 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 1994 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); 2 3/k/ward/6/27/95 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 Fifty- Six Thousand, Seven Hundred Fifteen Dollars ($56,715), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within Sixty (60) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and 3 3/kMard/6/27/95 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. 4 3/k/ward/6/27/95 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 and other 5 3/k/ward/6/27/95 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 materials 6 3/ktward/6/27/95 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. 7 3/k/ward/6/27/95 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 8 3/k/ward/6/27/95 1 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 9 3/k/ward/6/27/95 1 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 officers, agents and employees, and all public agencies as determined by the CITY as Additional 10 3/k/ward/6/27/95 1 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. 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 11 3/k/ward/6/27/95 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. 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 12 3/k/ward/6/27/95 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 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 13 3/k/ward/6/27/95 31. ATTORNEY FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement to secure the performance hereof, each party shall bear its own attorneys' fees and costs. 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 CONSTRUCITON, INC.: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of �� California By: Tino De La Cruz, resident r By: J., r�e '�" Mayor Bertha-De La Cruz, reasurer ATTEST: REV I AND APPR VE c :y Clerk APPROVED AS TO FORM: Aa:�� City Administrator Sc or Pity Attorn INI TED A D APPROVED: Director of P .iblid Works 14 3/k/ward/6/27/95 C7-) LAJ C-3 Q. Cam! To aNnH rnmDR NOTICE INVITING SEALED BIDS �� for CC-845 and CC-1015 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, CA 92648, until the hour of 2:00 PM on July 18, 1995, at which time bids will be opened publicly and read aloud in the Council Chambers for the 17th Street, Phase 1A and the Michael Drive Storm Drain Projects in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting June 15, 1995 at City Hall, Department of Public Works upon receipt of a non-refundable fee of$25.00, sales tax included, if picked up or$30.00 if mailed. Each bid shall be made on the Proposal Form 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, Department of Public Works, 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 17th of April 1995. Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 NOTICE INVITING SEALED BIDS for CC-845 and CC-1015 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, CA 92648, until the hour of 2:00 PM on July 18, 1995, at which time bids will be opened publicly and read aloud in the Council Chambers for the 17th Street, Phase 1A and the Michael Drive Storm Drain Projects in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting June 15, 1995 at City Hall, Department of Public Works upon receipt of a non-refundable fee of$25.00, sales tax included, if picked up or$30.00 if mailed. Each bid shall be made on the Proposal Form 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, Department of Public Works, 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 17th of April 1995. Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street. (714) 536-5431 S ����.. -. . •�YY'�>t^-:^•f�" isAY .'i},ate;� :4"-r � .. � °'�.< 1 v.a.-,. '�t•5,�.�-�..�. bay Mwpny) �, Wb' .C.!'.'a..ORKw ''•�..A, � """"6.�p, .. 'S:� THIS CERTIRCATEE IS IS--SUED Ae A MATTER OF INFOAMATRM ONLY ANb CONFERS NO RIGHT-3 UPON 7HE CERTIFICATE HOLbER- THIS CE3T04CATE Akasaka O.bi A Varela DOES NOT AMEND, EXTEND OR ALTF.A THE COVERAGE A"ORDE'.O 8Y T"r, Imw—ce Ate d4W Inc. i..POLICIES 6EY..OW. ..•.•..............--....._....._.................»..»... P. 01 Box 14080 .............»................................................ 0►wge CA 92613-40d0 COMPANIES AFFORDING COVERAGE ..................-......." "".....I.-.... � A Ge.&Z Amerce IAw. 09, ..........-..............................„.. COMPANY Mfunm ....... LLPM8 leay.l 1,uwANAt*r„L Co. »..........,.•............................................................ De La�Constr>.cf1oR oo�t C ............................................... DJK 040 7'kaff a safety �rTat :......................... -_- 9�GD Serrloren Arerwe .................................................,..................•... Swa Fi$+uesr Gl 90679 ; C011PAIV1' " U:T101 h......,,...»...»_»................................................................... UCrm E All 7,wi W HAVE BEEN ISSUED TO THE (NSLJFiF17 NAMED ABOVE FOR THE POUCY PEAIO❑ TION OF ANY CONTRACT OR QTHER DOCUMENT WITH RESPECT TO WHICH THIS EI) dY THE POLICIES DESCRISM HEREIN IS SUBJECT TO ALL THE TERMS, CODONS OF BUCH POLICIFMAY HAVE KEll RI9UCED BY pN.......•.,,,... ...... ...Ort o�iuRial►01 POuoT Numm ,........._..............................................' ' tt ma Tp ................. .......................... ..°:..............._....... ..., - -...-....... •• Lf [# ...... . 901m A LIMrn ..A S/16/93 65116/9 .............. .. ........... ....... X c CIAL GDuA u/AU CLADS MADE j "OCCUat i.PRO.l.C1Slk]N [W, i ADV.NAM OW►uma Cw'PACTO"PROT. ......... �Aox�aBcC" Ef 1VOP00A... a IAUOA00 1 1 r SIl�D 3 COMBINED PJQ" Ljwrr t. .. ALL OMIwEb AUT03 ........................................... a0my NJ" ......_.�scraOtxM wroS G1Zy 'f NIR}t�AUTOS 3y;it( f......................................i.......J..................................... i NON-OWNED AUTOS Aa•' ` ;AObItY N asiY 1 t, i 4ARAOF LABCITY 1 iY ». ...................„f .......... Pr AAMAM.................. 1-11.11-1.1.......................... ................... ...../-1 ......................... :f ' ........................ X to FaNwl �Yl012 --- Rf/li/�S . »� OS/16/9f— ;E404 0Cggm �� """lOOOOpO OMM THAN UMMEAA P044 a� 'f 100DD00 MORKM 00MPD18A110u ; ; G`;AJIS >.........................r.., nw� » .�..,........... - uma ' 74 .......... *10 Day:Naaee of Caatellatian foF Non.?* ' t of Prr+nlum. I t City v HuntSngton Beach, and ills a eara,�pgents and eWj oMS OW g{I lIC E+hmtington Baach are named additional ihAUred w/re to Al{ � agenciesdat4rmined by the City of Operations of the eve nalr>ed insured. d. THIS CERTIFICATE IS IN LIEU OF AND SUPERCEDES CIRTIFIcAT.yEISSUED 07/24/95 iS. a- •":k.:.�� X r rIr A' ;SJ:i+fAa',�W r �' ` .k.. SHOULD ANY OF THE d'�t 2 1 �r:r.. ^JC�k",•'yam ABOVE DESCRIBED POLICIES BE CIUJCEUED BEFM THE EXPIRATION DATE THEREOF, THE ISSUING COMAAW WIU, Gfj of l>♦'imangsom$tach ,`*N MAIL DAYS WjqrFEN NOTICE TO THE CEFii1FlCATt MOLDER NAMED TO THE Amu JW A P.O. Box1A� AFT' 11"pWniva Beach CA 9264d Ass!ve rt .•• 'a4.ilxfi�� .y i' ' V . a 1.��,y{"�p $f' TnTAI P.P11 __ ___ _ __ _ ___ ----- -•--.... ....._. ......... _, ; s,.. .._:::. _ ..—.-,�,< •... :>;,•.,^••.,. ::iii: 'r.^%i.'P r'-iiiti�r;+ittl3iLiiftt3f tf2fte ti:"riifiRL3s,• ;j} y {,,SaSyrviiiiiu;yivai,rstRd'S±srt4tcts4tltftf!i+tit!SlwtnrZi,rcrasris�,a>t>rc.•s.r.KlTiTi�'t.it.�!if tS+ }r?d,xr.a,s.u<nxaafy:kte.;.,r;T(tT+?f 3.p+tet..t.,t,FeaF,<xx,iie:ii..r f,f r ,.t�.t x _ t PaI.It.'I �t"(3I llp, 80'203I5GLP CQMMERMLCr a; 1TIIS ENDQRSI Iv I�'T Cl-�LANGES THE POLICY. PLEASE FS- I`I' AJ)DITIONAL, INSURED - OWNERS, LIESSEES OR CONTR.A.CTORS FOR.M B a„ Tl&,endorsement modifies insurance provided under th:following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULS Name of Person or Organization: CITY OF HUNTINGTON BEACH, ITS OFFICERS , AGENTS AND EMPLOYEES AND ALL PUBLIC AGENCIES AS DETERMINED BY THE CITY Any Person, organization, partnership or joint-venture listed an a Cerdficatc of Insurancz on file with i.A for which you have agreed in a written contract to provide Liability insurance. (If no entry appears above, information required to complcra this cadorsoincrft will be shown in the. D(nolararions as applicable.to this endorsanclit.) WHO I5 AN INSURED (Section II) is amendod to include as an insured the person or orgauixat On shown in the Schedule, but only Nvith respect to liability arisiAg out of your op$oinb operations performcd for that insured. If the additional insured is an arclutdct, engineer or surveyor, we won't cover "bodily injury" or "property damage". "personal injury" that results from the perfiorinance or ra.ilure to perforr i any "professional services"for you or on your behalf, ''Professional sei-viccs" include but are not Limited to the follovin: 1. The preparing, approving, or failutr to approve nmPs, drawings, o}ruucxIs, reports, surveys, change orders,designs or specifications; and 2, Supervisory,engineering, surveying or inspection seniccs The following is added to SECTION IV - CMMERCIAL GENERAL LIABILITY CONDITIONS subsection 4. Other Insurance: L-_surance provided by this endorsement is excess over other valid and collectable insuranc,,available to the additional insured, whether primary, rscers, contingent or any other basis. However, we will consider the insurance pro%ided by this cudorse- neat to be priniary msuran= and any other insurance provided to the additional insurcd shall be in excess and not contribute with the insurance provided by this policy, only if your contract with the additional insured required this ins-lirance to be primary. APPROVED AS TO FORId: Other teams: GAIT, HUTTOV, City Attorney $y'jeputy Crity Attorney All other terms of your policy remain unchartgod. 8�Z 9/�s Includes cc+p�ziohtcd tnate;ial o�In A rsrcz O.Tic c,Inc.,vi:h its p=-rm issiw, CP-00t (ED.09/94) GET .NG/,NQJ;UCA NTSLW%N(,L CONE'AN"f x TOTAL FRGE . 005 - WO STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION • INSURANCE FUND w CERTIFICATE OF WORKERS' COMPENSATION INSURANCE - POLICY NUMBER: CERTIFICATE EXPIRES: ITY OF HU: +t i INCT'O ,AZjeCt� ' Dip 4t I i_I C A TN' 41-ftw U« BOX'> Swk c This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. 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 TEN days'advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the 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. PRESIDENT a� qyv t � F+ F a�'w E 'a• '. 6 e�- .�."+N d .�'�s4 � Fs �g s x•._� APPROVED AS TO FOR11. GAIL HUTTON, City Attorney By:. Deput �, ' ty Attorney — TeeVz r Yy Ij��YYYY ♦YY � .!f' EMPLOYER THIS ,� .. ,{ y, �� '�`�ii, � ,;;i��` r a'd` `� ;•.✓ '��� R ,'fin` �d '@'�� ;k'r� ^' n `:- € ��'�< ^�' -"�•�` wiz �'r, �.`.� �., �" &' 3�. .,rx. i"Y' `. k r,°�• ✓r.� DOCUMENT POLICY HOLDER'S COPY Certificate of Insurance _ THIS C401 TIFICA=E IS ISSUED AS A MATTER OF INFORr d ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFI• AOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND,EXTEND,OR ALTER THE-OVERAGE AFFORDED BY THE POLICIES LISTED BELOW. J This is to Certify that —' DE LA CRUZ CONSTRUCTION INC. Name and LIBERTY MUTUAL.931 MAPLE AVENUE address of U 1 L. MONTEBELLO CA 92640 Insured. Is,at the issue date of this certificate,insured by the Company under the policy(ies)listed below. The insurance afforded by the listed policy(ies)is subject to all their terns,exclusions and conditions and is not altered by any raquirement,terms or condition of any ccr.'act or ether document with respect to which this certificate may be issued. EXP.DATE • ❑ CONTINUOUS TYPE OF POLICY ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY ® POLICY TERM WORKERS COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY COMPENSATION LAW OF THE FOLLOWING STATES: Bodily Injury By Accident Each i Accident] Bodily Injury By Disease Limit' Bodily Injury By Disease Each Person GENERAL General Aggregate-Other than Products/Completed Operations LIABILITY LSC] OCCURRENCE Products/Completed Operations Aggregate { ❑ CLAIMS MADE Bodily Injury and Property Damaqe Liability Per Occurrence ' Personal and Advertisinq Injury Per Persont RETRO DATE Organization Cher Other I I AUTOMOBILE { Each ACGdent-Singie Lima LIABILITY I I I $1,000,000 B.I.and P.D.Combined 0 OWNED Each Person j 10-8-95 AS7 161 036803 014 XQ NON-OWNED _ Each Accident or Occu rence t 0 HIRED Each Accident or Occurrence OTHER i I ADDITIONAL COMMENTS RE: TRAFFIC SIGNAL INSTALLATION AT WARD STREET&GARFIELD CC-1013 APPROVED AS TO FORM: 'GAIL HUTTON, City Attorney ALL OPERATIONS By:. Deputy City Attorney If the certificate expiration date is continuous or extended term,you will be notified it coverage is terminated or reduced before the certificate expiration date. SPECIAL NOTICE-OHIO: ANY PERSON WHO,WITH INTENT TO DEFRAUD OR KNOWING THAT HE!S FACILITATING A FRAUD AGAINST AN INSURER,SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE Liberty Mutual THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS Insurance Group NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: CITY OF HUNTINGTON BEACH CEF1 F 2000 MAIN ST CER7FC TE P O BOX 190 AUTHORIZED REPRESENTATIVE HUNTINGTON BEACH CA 92648 0 - -95 ORANGE HOLDERDATE ISSUED OFFICE »:4f{C Y:i:{:}.:;}:.{{{4Y::• v.:}.•r...x:fn{4ii'rii:�iirfr.Yr.La.. !<^^:}i:.i:•i:$�..:::::::::4w::,v:::} .. ...n .:.:....:::: ::::::.::r::::::::::::.:i'::.::...::.::�::^>:.>i:?:?ii:;•ii;•}ii:•i?????>:.:::.:: :. :m•✓c>:;}»:;:::;:..::>:::o>i:;:�>:.;::t;.:a>;:�:.::`tiv:;�•}f{F:>{•:F•io}: IS$UE DATG ;:.:i::> ••.'.. .,. ..:.."�::x:: '., .. �y - . :��'.:: :..':' '�� ::..:"':i:::: i::i::i::::::i::ii::::ij::!i,+.::ijiiii::{{i}}::;•f�. •' ....... ..:::... .....: .:::: M:. ..::... ........................ :....... } . PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORM'—IiOA! CONFERS NO RIGHTS UPON THE CERTIFICATE 140t.0i 114[s ( [ T1! DOES NOT AMEND, EXTEND OR ALTER THE COYERAC"r- fat=t=t,2kt)LF ``; /Ilmsska V";ia & ' ar is POLICIES BELOW. Asurance AssiciaYes Iron. P. 0. Box 14030 COMPANIES AFFORDING C0VErV,-GE �saflge VA 92613 4000 k ...................................................�................................---................................................................ LETTERCOMP A Gerlin American Ins. Co. c .............................................................................................................................t B Royal Indemnity Enr. Cc.LETTER E ..INSURED 'I .......................................................................................................................................................................k COMPANY /� De Ls Cruz Construction LETTER C DBA:DLC Traffic Safety ..................................................................................................... ...............-._.-....._.................... 9200 Sorensen Avenue COMPANY D Santa Fe Springs CA 90670 LETTER :...................................................................................................................................................................... I COMPANY E }, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO-ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .... _.. __ .__ ._...... .. __ .. __...... _. _._. _.... _... _ .._._ .............I............................ _......... CO : TYPE OF INSURANCE POLICY NUMBER :POLICY EFFECTIVE (POLICY E(PIBATIONLlwrrs LTR DATE (MM/DDMY) DATE(MMIDD/YY) GENERAL LIABILITY 8020315GLP 05/16195 05I16/96 GENERAL AGGREGATE $ 2000000 A :........ ; x ;COMMERCIAL GENERAL LIABILITY PRODUCTS•COMPIOP AGG. $ 1000000 CLAIMS MADE X ,OCCUR. PERSONAL 8 ADV.INJURY $ 1000000 OWNER'S 8 CONTRACTOR'S PROT. EACH OCCURRENCE $ 1000000 FIRE DAMAGE(Any one fire) $ 50000 :........: .......................................................: ......................................................................................... MED.EXPENSE(Any one person)$ 5000 AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS ? BODILY INJURY NON-OWNED AUTOS :(Per accident) $ GARAGE LIABILITY PROPERTY DAMAGE $ B EXCESS LIABILITY RHN201232 06/18193 05/16/96 EACH OCCURRENCE $ 1000000 .............. .... ......... ..... ....... .............................................. ... x UMBRELLA FORM :AGGREGATE $ 1000000 OTHER THAN UMBRELLA FORM i .. .......... ....................................................................................................................................................................... .............................................. WORKER'S COMPENSATION i STATUTORY LIMITS _ .... ........._......_.._.......... AND :EACH ACCIDENT $ ........................................................................................ i DISEASE-POLICY LIMIT $ EMPLOYERS'LIABILITY i_.. _._..... - - ................. DISEASE-EACH EMPLOYEE S ...........................................................................................................................;............................................................................................................................................................ OTHER *10 Days Notice of Cancellation for Non-Pay of Premium. ..................................................................;...................................................................:................................::................................;.... ............... ......... .... ......... .... ....------................. .............. . DESCRIPTION OF OPERATIONS&OCATIONSNEHrLESISPECIAL REMS City of Huntington Beach, and it's officers, agents and employees and all public agencies as determined by the City of Huntington Beach are named additional insured u/re to All Operations of the above named insured. GE# 1IFtC,��E:: iU FIEEIE::::< :::;::>::::::::::::>>:>:<> >»' > >: ....::>< »» >:::> itil> E : > > >>:«z`: >: :>><: >:>: >:>>:::::: >>:'>' »:»:::»::::::::>::>::::>:':>::>::::»<:>:> :»»»s'>`: <`•:::: ::::::::::::::::::::..............................................:.::.:..:..........:.............:......::::::::::.:::....:...:........ za: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENO&UQW40 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of Huntington Beach MAIL Attn: Bldg 6 Safety LEFT. ImIlese NO P.O. Box 190 Huntington Beach CA 92648 ::AUTFIORUM REPRESENTATIVE f Marclarc N es Bid Bonds received r 5 qr ." Dated , COPY TO: SHEILA GENEIL TRAFFIC SIGNAL INSTALLATION AT WARD AND GARFIELD May 25, 1995 2:00 PM CC-1013 Engineer's Estimate: $70,000 BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. Baxter-Griffin Companyi �{o , 2. De La Cruz Construction 3. DBX, Inc � V�' S 4. Hillside Contractors 5. IDC S 6. L & R Electric S 7. McCain Traffic Supply -- 8. Superior Signal a 9 LI8 7 S 9. Synchronex S 10. TDS Engineering 11. Skip's Electric 12. 12108 J c BOND NO. GE5683354 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS,that we Baxter—Griffin Co. , Inc. 8210 Monroe St. Stanton, CA 90680 as PRINCIPAL, (hereinafter called the Principal),and Gulf Insurance Company a corporation duly organized under the State of Missouri and authorized to transact a general surety business in the State of Calif as SURETY, (hereinafter called the Surety), are held firmly bound unto: City of Huntington Beach, California 2000 Main St. Huntington Beach, CA 92648 as OBLIGEE, (hereinafter called the Obligee), in the sum equal to 10 %of the accompanying bid of the Principal, not, however, in excess of Ten Thousand *********************************************** dollars, ($ 10,000.00 ), for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH,That,whereas the Principal has submitted or is about to submit to the Obligee a proposal or bid, dated on or about the date mentioned below, for: (1) the performance of the designated work,or (2) the furnishing of the specified goods,supplies or products,to-wit: Traffic signal installation at Ward St. and Garfield Ave. in Huntington Beach, California. NOW, THEREFORE, if the Principal shall not legally withdraw said bid within or at the times permitted therefor,but shall duly make and enter into a written contract with the Obligee, in accordance with the terms of said proposal or bid,or any amendment thereof acceptable to the Principal,within the.time permitted therefor after such contract forms are presented to the Principal for execution, should the Obligee award the Principal the said work or contract,or any part thereof: and if the Principal shall give bond or bonds for the faithful performance thereof, and/or for payment for labor and materials going thereinto, as in the specifications or contracts provided:or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee shall.have actually suffered by reason of such failure, not exceeding the penal sum of this bond, then this obligation shall be null and void,otherwise to be and remain in full force and virtue. PROVIDED, HOWEVER, that no action shall lie, or claim be enforced hereunder, unless the award on the basis of said bid shall have been made within thirty (30) days after the formal opening of said bid,or within the time specified within the bid provisions, whichever time shall be greater, and unless the Obligee hereunder shall give notice to Surety of-said award at the time of notification to the Principal; and unless legal action to enforce any claim hereunder shall have been commenced within six (6) months from the date of the formal opening of said bid. PROVIDED, always, that this Bond shall not be valid and binding upon the Surety unless accompanied by a Certified Copy of a Power of Attorney authorizing the undersigned Attorney-in-Fact to execute such a bond,the Serial Number upon which Copy of Power of Attorney shall correspond with the Bond Number set out above. Signed, sealed,and dated this 22nd day of May 19 95 Baxter-Griffin,.,Co. , Inc BY Richard J. Pimentel Gulf Insura ce Company Principal BY Randy Spohn Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CALIFORNIA County of RIVERSIDE On May 22, 1995 before me, TAMRA PONTI DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared Randy Spohn , NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized 'fAN'.-NA P'ON'=`- capacity(ies), and that by his/her/their N'cYx.,y p l , Zr­ rr' signature(s) on the instrument the person(s), G1�C2 f� cCOUNTY or the entity upon behalf of which the A1y Comlr.lsssion E*as k9.14,1M person(s) acted, executed the instrument. WITNESS my hand and official seal. �o m 6-tA' SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 1 X❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: May 22, 1995 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Gulf Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 GULF INSURANCE COMPANY BOND KANSAS CITY, MISSOURI NUMBER GE 5 6 8 3 3 5 4 POWER OF ATTORNEY PRINCIPAL: NAME, ADDRESS ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE CITY, STATE, ZIP SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. Baxter—Griffin Co. , Inc. KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com- pany,a corporation duly organized under the laws of the State of Missouri,having 8210 Monroe St. its principal office in the city of Irving,Texas,pursuant to the following resolution, adopted by the Finance&Executive Committee of the Board of Directors of the said Stanton, CA 90680 Company on the loth day of August, 1993, to wit: RESOLVED,that the President,Executive Vice President or any Senior Vice President of the Company shall have authority to make,execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,firms,or corporations as may be selected from time to time; and any such Attorney-in-fact may be removed EFFECTIVE DATE and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Ma 22, 1995 Finance and Executive Committee of the Board of Directors. y RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attomey(s)-in-fact to sign,execute,acknowledge,deliver or other- CONTRACT AMOUNT wise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or $ 100,000.00 any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such BOND AMOUNT powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and 10,000.00 documents relating to such bonds to which they are attached." $ Gulf Insurance Company does hereby make, constitute and appoint Randy Spohn of Anaheim, California its true and lawful attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead,to sign,execute,acknowledge and deliver in its behalf,as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attomey(s)-in-fact. pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the Company shall not exceed one million ($1,000,000.00)dollars. IN WTFNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. SJaANCF 4 °o GULF INSURANCE COMPANY j UO91? F?1q Z " SEAL STATE OF NEW YORK ) Christopher E. Watson SS President COUNTY OF NEW YORK ) On this Ist day of February, 1994 A.D.,before me came Christopher E.Watson,know n to me personally who being by me duly sworn,did depose and say;that he resides in the County of Westchester,State of New York;that he is the President of the Gulf Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instruments is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. P1\D JAP, p 9 NVA NpTap1- N jOUgt_�G a David Jaffa 9TF �o No. 24-4958634 STATE OF NEW YORK ) OF NE`N Qualified in Kings County SS Comm. Expires November 13, 1995 COUNTY OF NEW YORK ) I,the undersigned,Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. SURAN�OF C Signed and Sealed at the City of New York. 4( oPPOagr 0 S 2 SEAL Dated the 22nd day of May 19 95 SOVP P. Lawrence P. Nliniter Senior Vice President ' BID OR PROPOSAL BOND BOND# 8-BPREMIUM-NIL KNOW ALL MEN BY THESE PRESENTSs That we, SKIP' S ELECTRIC, INC. (hereinafter called the Principal) , as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of Arizona, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the just and full sum of TEN PERCENT OF AMOUNT BID Dollars ($ 10% ) lawful money of the United States of America, for the payment of which well and truly to be made, we hereby bind ourselves and each of our successors and assigns, jointly and severally, firmly be these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit the Obligee a bid or proposal for the TRAFFIC SIGNAL INSTALLATION AT WARD STREET AND GARIELD AVENUE CASH CONTRACT NO. 1013 in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void: otherwise to be and remain in full force and effect . IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this 25TH day of MAY 19 95 . SKIP'S ELECTRIC, INC. By _&LA'et�,?Ja,/I / t WASHINGTON INTERNATIONAL, INSURANCE OMPANY BDB 600201 By'Z DIANA LASKOWSKI ATTORNEY-IN-FACT General WASKINGTON INTERNATIONAL INSURANCE CCKPANY POWER OF ATTORNEY KNOW ALL NEW BY THESE PRESEbi7S: That the Washington International Insurance Company,a corporation organized and existing under the laws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois, does hereby constit;te and appoint • • rkREN CHANDLER, DAVID L. CULBERTSON, LINDA L. CULBERTSON, • • • ` CKARLES L. FL►XE, DIANA LASKOWSKI AND LEXiE SHERWOOD • • its true and lawful attorneys)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recogni:ances, contracts of irKkmi-,y and other writings obligatory in the nature thereof, iihich are or may be allowed, required, or permitted by lax, statute, rule, regulation, contract or otherwise, and the execution of such inst:,s:+en;(s) in pursuance of these presents, shall be as binding upon the said Washington International Insurance Co=any as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its President at its principal office. This Power of Attorney shall Se limited in afnant to 12,000,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 1980 and October 21, 1996 which read, in part, as follows: 1. The President may designate Attorneys-in-Fact, and authorize there to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds, and undertakings, recognizences, contracts of indeernity and other writings obligatory in the nature thereof, and to appoint Special Attorneys-in-Fact, who are hereby authorized to certify to copies of any power-of-attorney issued in pursuant to this section and/or any of the By-Laws of the Company, and to remove, at any time, any such Attorney-in-Fact or Special Attorney-in-Fact and revoke the authority given hies. 2. The signatures of ;he Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and :he corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bore,+ or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shalt be valid and binding upon the company. IN TESTIMONY WHEREOF �;4q International Insurance�► ny has caused this instrument to be signed Ord its corporate seal to�e�J yauthorized offi er, thi 0 h day of November, 1992. ;Ar 0 �0; G��4 TON IN ER TIONAL INSULUC= COMPANY 0 z a CORPORATE: z#0 �� ; S EAL 0 • Ar S e rson, Vice President STATE OF ILLIN 1'S{is ••�����••• �� COUNT? OF COOK J� � On this 30th day of November, 1992, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duty sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seat affixed to said instrument is the Corporate Seal of said Cortpsny; IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above written. "OFFICIAL SEAL" CFi;USTINE ZARETSKY �( istine Zarets Noary Public Notary Pu�iit, State of Innois 1 My Comission E i res October kZ; 1996 MY Commission Expires 10-7-96 -- CF£L4-;1 CAT STATE OF ILLINOIS ) COUNTY OF COOK ) I, the undersigned, Secretary of WASHIWGTOW INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, Section 5 of the By-Laws of the Corporation, and the Resolution of the ioard of Directors, set forth in the Power of Attorney, are now in force. Signed and seated in the County of Cook. Dated t 25 TH of 1995 Lewis M. Moeller, Secretary I•;- 6 BID BO«D THE kTNA CASUALTY AND SURETY COMPANY x P� Hartford, Connecticut 06115 UFE&CASUALTY Bond No. 86SB100865626BCA(215) KNOW ALL MEN BY THESE PRESENTS, That we, SUPERIOR SIGNAL SERVICE CORPORATION as Principal, hereinafter called the Principal, and THE 1ETNA CASUALTY AND SURETY COb4PANY, of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 as Obligee, hereinafter called the Obligee, in the sum Of TEN PERCENT OF AMOUNT BID------------------------------------------Dollars (S 10%amount bid )< for the payment of which sum well and truly to be made, the said Principal and the said Surety,bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for TRAFFIC SIGNAL INSTALLATION. AT WARD ST. AND GARFIELD AVE. PROJECT NO. 1013 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Fork covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and aled this 19thday of May 11995 $UPPRTOR SIGNAL SERVICE CORPORATIOP p //JJ (Principal) (Seal) (Witness) a�a.(C t /` THE r'ETNA CASUALTY AND SURETY COMPANY (Wicness) BY _ ot^ey-io- Ect) Richard S. McElvbrny EiD E01 .. ZL7t4I CALIFbRNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of San Bernardino On May 19, 1995 before me, Alice M. Cherbak, Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC- personally appeared NAME(S)OF SIGNER(S) �7 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person04 whose name($) isljuft subscribed to the within instrument and ac- knowledged to me that hem gmyxexecuted the same in hisu #uk authorized capacity(i , and that by hisgmq: fda�Wx signatures on the instrument the person(s), or the entity upon behalf of which the person(g) acted, executed the instrument. ALICE PSI, CHERBAK COMM.NO. 997007 WITNES hand and official seal. N; \ m y a ,'f 5, NOTARY PUBLIC.CALIFORNIA - ' ' SAN BERNARDINO COUNTY n(ni NIY COW.EXPIRES JUNE 25,1997 `C SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER 86SB100865626BCA ( �/$) TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 1 ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: May 19, 1995 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) A-}--^a Caaualty Surety Go. SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Hartford,Connecticut 06156 ' POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN FACT KNOW ALL MEN BY THESE PRESENTS,THAT THE AETNA CASUALTY AND SURETY COMPANY,a corporation duty organized under the laws of the State of Connecticut,and having its principal office in the City of Hartford,County of Hartford,State of Connecticut,hath made,constituted and appointed,and does by these presents make,constitute and appoint Kenneth E. McElvany, Richard S. McElvany, Elaine Abbott i of Ontario,CA its true and lawful Attorneys)-in-Fact,wi:h full power and authority hereby conferred to sign,execute and acknowledge,at any place within the United States,or,if the following line be filled in,within the area there desig- nated ,the following instrument(s): by his/her sole signature and act,any and all bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking and any and all consents incidents thereto and to bind THE AETNA CASUALTY AND SURETY COMPANY,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of THE AETNA CASUALTY AND SURETY COMPANY,and all the acts of said Attorney(s)-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Company,which Resolutions are now in full force and effect: VOTED:That each of the following officers:Chairman,Vice Chairman,President,Any Executive Vice President.Any Group Executive,Any Senior Vice President,Any Vice President,Any Assistant Vice President,Any Secretary,Any Assistant Secretary,may from time to time appoint Resident Vice Presidents,Resident Assistant Secretaries,Attorneys-in-Fact,and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances,contracts of indemnity,and other writings obligatory in the nature of 5 bond,recognizance,or conditional undertaking•and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him or her. VOTED:That any bond•recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the Chairman,the Vice Chairman,the President,an Executive Vice President,a Group Executive,a Senior Vice President,a Vice President,an Assistant Vice President or by a Resident Vice President,pursuant to the power prescribed in the certificate of authority of such Resident Vice President,and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary,pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary;or(b)duly executed(under seat,if required)by one or more Attorneys-in-Fact pursuant to the power prescribed in his or their certificate or certificates of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of THE AETNA CASUALTY AND SURETY COMPANY which Resolution Is now in full force and effect: VOTED:That the signature of each of the following officers:Chairman,Vice Chairman,President,Any Executive Vice President,Any Group Executive,Any Senior Vice President,Any Vice President,Any Assistant Vice President,Any Secretary,Any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries orAttorneys-in•Factfor purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,THE AETNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Assistant Vice President, and its corporate seal to be hereto affixed this 4 th day of May r 19 94 THE AETN CASUALT SU TY COMPANY By State of Connecticut ;O' Geor The o / } ss.Hartford Assistant Vice Presiden County of Hartford J On this 4 th day of May 19 94 before me personally came GEORGE W.THOMPSON tome known,who, being by me duly sworn,did depose and say:that he/she is Assistant Vice President of THE AETNA CASUALTY AND SURETY COMPANY,the corporation described in and which executed the above instrument;that he/she knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;and that he/she executed the said instrument on behalf of the corporation by authority of his/her office under the Standing Resolutions thereof. •.',!+•e.ii.;d'' My commission expires August 31,1998 Notary Public Dorothy L.Marti CERTIFICATE I,the undersigned.Secretary of THE AETNA CASUALTY AND SURETY COMPANY,a stock corporation of the State of Connecticut,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked;and furthermore,that the Standing Resolutions of the Board of Directors,as set forth in the Certificate of Authority,are now in force. artford•State of Connecticut.Dated this I9TR day of Signed and Sealed at the Home Office of the Company,`.n the City of H 14AY ,19 95 �_��`l 1'lillinm T.1:RcbErts S-i��t-f"�)('g-c I Secretary r `CNA INSURANCE COMPANIES BOND# 7012152 PREMIUM-NIL BID BOND KNOW ALL MEN BY THESE PRESENTS: That we DBX, INCORPORATED and CONTINENTAL CASUALTY COMPANY , Principal, Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH in the sum of TEN PERCENT OF AMOUNT BID , Obligee, for the payment of which we bind ourselves, our legal representatiivvesa uccessorsland assigns) jointly and severally, firmly by these presents. for WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract TRAFFIC SIGNAL INSTALLATION AT WARD STREET AND GARFIELD AVENUE CASH CONTRACT NO. 1013 M NOW, THEREFORE, if the Said contract be awarded to Principal and Principal shall, within such.time as may be specified, enter into the contract in writing and give such bond or bonds as may *be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to d.o �so, pay to Obligee the damages which Obligee may suffer by.reason of such failure not exceeding 'the a penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. Signed, sealed-arid dated MAY 16, 1995 BX, IN ORPORATED t BY; Principal (Seal) CONTINENTAL CASUALTY COMPANY C-23054•A by 4—, Attorney-in-Fact DIANA LASKOWSKI Fo�gll tAe�mmltmcncalou Make' M fiontinental Casualty Company CNA For A I It h,•Com nt it nw•nt,1'ou Make' AN ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Illinois, and having its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute andappoint0avid I _ Culbertson, Chuck L. Flake, Linda L. Culbertson, Diana LaskowskiIndividually o• Anaheim, California Its true and lawful Attorney-in-fact with full power and authority hereby conferred to sign,seal and execute in its behalf bonds,undertakings and other obligatory instruments of similar nature In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3.Appointment of Attorney-in-fact.The President or a Vice President may,from time to time,appoint by writtencertificates attorneys-in-fact to act in behalf of the Company in the excecution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April. 1957. "Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified bar certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and bindina on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 30th day of January 19_-9L. CONTINENTAL CASUALTY COMPANY C�EA State of Illinois 1 ssCounty of Cook J. E. Purtell Vice President. On this 30th day of January , 19 91 before me personally came J. E. Purtell,to me known,who, being by me duly sworn.did depose and say:that he resides in the Village of Glenview, State of Illinois;that he is a Vice-President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. Op C OF 2 4 J NOTARY v' PUBLIC m 000`CO.. Linda LC. Dempsey tary Public. CERTIFICATE My Commission Expires Oc to 019, 1994 I, George R. Hobaugh,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 3 of Article IX of the By-Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said MAY 19 95 Company this 16TH day of • I George R. Hobaugh Assistant Secretary 0v SEAL n,. Form 1.23142.8 INV. NO.G-59200-B a American Motorists ,Insurance Company Bid Bond 3SM 803 543 00 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 NINE THOUSAND AND NO/100 ($9,000.00) 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, their 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 shall make any award to the Principal for: TRAFFIC SIGNAL INSTALLATION Bid Date: MAY 25, 1995 i I According to the terms of the proposal or bid made by the Principal therefore 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 MOTORISTS 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. I DE LA CRUZ CONSTRUCTION. INC. (Principal) By: Signed, sealed and dated: May 22, 1995 American Mo ists Insurance Company By: Da v oddl , Attorney In Fact Please direct all correspondence to: Lou Jones&Associates, Managing General Agents 7470 North Figueroa Street Los Angeles, Ca 90041 (213) 257-8291 I r - e .: ::::::..... C�tt.tFORh A-At.L.F ftPO A► ICNC►WI�E C3lEA I :,.:::.:. State of California County of Los Angeles On MAY 2 2 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 the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the Oeeeeeeeeeeeee�e.eeeeeeee �eeeeeee instrument the person(s), or the entity upon KD WAPATO m behalf of which the person(s) acted, executed the COMM. #1032903 � instrument. NOTARY PUBLIC.CALIFORNIA ' LOS ANGELES COUNTY e My Cantu. Expires July 24, T998 o WITNESS my hand and official seal. ©eeee•.eeeeemanepeoeoeeeeoec+eeeceo —�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 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 ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) ----------- --- American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE 1 C,ftLI,FORNIA ALL-PURPOSE ACKNOWLEDGMENT State of h-T County of On 61241 CI S before me, u,�e Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public" personally appeared me(s)of Signer(s) personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person whose name�4 isr4aFesubscribed to the within instrument and acknowledged to me that h0s�y-executed the same in hic'�,,;e,hei.authorized capacity,and that by TERhisAhe4thetr signature* on the instrument the person), CO Et 10572 0 or the entity upon behalf of which the person(A acted, � COAMA.�1057200 • Notary Pubic—Calfbir, executed the instrument. LOS ANGELES coutmf My Comm.Expkes APR 27.1999 WITNESS my hand and official seal. gig—nature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document �Title or Type of Document: d II�� Document Date: SI241 N Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: I l r,o rXAa NA Signer's Name: ❑ Individual ❑ Individual Corporate f,�fficer ❑ Corporate Officer Title(s): �/atrL A&t Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee _ ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 ®nanpam iccarmt 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 attorney(s)-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 and 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 undertaking exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLARA S ($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, anc 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 COMPAN 01 W_ A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice Preside (OVER) I have received the Faithful Performance Bond, Payment Bond, and Maintenance Bond on behalf of the Treasurer's Office. Dated By: De La Cruz Construction, Inc. 9200 Sorensen Avenue Santa Fe Springs, CA 90670 PUBLIC WORKS PERFORMANCE BOND Premium is based on final Contract price . Bond Number 3SM 883 387 00 ( The premium charged on this bond is $ 851 . 00 being at the rate of $ 15 . 00 per thousand of the CONTRACT amount ) . 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 FIFTY SIX THOUSAND SEVEN HUNDRED FIFTEEN AND NO/100THS----------------------------------------- Dollars ( $56 , 715 . 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 XXXXXXXXXXXX XX,XXXX with said Obligee to do and perform the following work, to wit : TRAFFIC SIGNAL INSTALLATION AT WARD STREET AND GARFIELD AVENUE; CC-1013 . 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 per- formed, 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, sealed with our seals , and dated JULY 20 , 1995 . DE LA CRUZ CONSTRUCTION, INC. Principal By : AMERICAN MOTO 5TS_'V; URANCE COMPANY APPROVED AS TO FORM: GAIL HUTTON, City Attorney By: Deput City Attorney, DAVID Z .JnF E / Attorneyct ....::.::.::.: . CA O ht P O. a EN....................................''' :>::>:::>:::::>:>«` >:> :>:>::>:»>::':>:>'>:>:'>:'< »: :: °;`::: .1F. . R tt AI»L.::.URP,,:SE. KNUINI.ED.:.atl� ::.;::.;::..:..::::..:::::::::.;:,:.;:.;::.;;::.:;:............... State of California County of Los Angeles On JUL 2 0 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 instrument the person(s), or the entity upon ea... .e..aee.e.P.e...do�e.....e behalf of which the person(s) acted, executed the KD WAPATO instrument. ` COMM. #1032903 NOTARY PUBLIC-CALIFORNIA S G LOS ANGELES COUNTY 2 WITNESS my hand and official seal. eooe000eooeowiComm. Expires July 24, 193oe: n IVItWATURE 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 JUL 2 0 1995 ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE PUBLIC WORKS PAYMENT BOND Bond Number 3SM 883 387 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 FIFTY SIX THOUSAND SEVEN HUNDRED FIFTEEN AND NO/1000THS---------------------------------------- Dollars $ ( 56 , 715 . 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 , admin- istrators , 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 XX/XX/19XX, with said Obligee to do and perform the following work, to-wit: TRAFFIC SIGNAL INSTALLATION AT WARD STREET AND GARFIELD AVENUE; CC-1013 . 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 Insura- nce 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 sum 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 JULY ZO 1995 . APPROVED AS TO FORb4: DE LA CRUZ CONSTRUCTION, INC. GAIL HUTTON, City Attorney By: Deputy uty City Attorney, By : AMERICAN MOTQ S INSURANCE COMPANY r By : DAV I OD E Atto ev Fact . : .................. E _ : _ ...PCKN )W. DGENT _ ................:CL F RNi A[L,:P R :::: :::...:::; :A ;:.:..>.;.,..:...:..... State of California County of Los Angele On JUL 20 1 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 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 eooe.uccaoecsooesosossoes�seeose• KD WAPATO instrument. COMM. #1032903 _` t NOTARY PUBLIC-CALIFORNIA WITNESS m hand and official sea ` LOS ANGELES COUNTY Y l• eeosooeesoe MyComm. Expires sssJuly osess% ( 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 2 0 1995 ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE ti AMERICAN MOTORISTS INSURANCE COMPANY MAINTENANCE BOND BOND # 3SM 883 387 00-A PREMIUM: $INCL. IN PERF/1 YEAR( S ) KNOW ALL MEN BY THESE PRESENTS : That 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 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 HUNTINGTON BEACH in the sum of FIFTY SIX THOUSAND SEVEN HUNDRED FIFTEEN AND NO/100THS ---------------------------------- ( $56 , 715 . 00 ) dollars , 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 20TH day of JULY, 1995 WHEREAS, on the XXXXX day of XXXXXXXXXXXXXXX, 19XX, the said Principal entered into an agreement to the Obligee for TRAFFIC SIGNAL INSTALLATION AT WARD STREET AND GARFIELD AVENUE; CC-1013 . 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 ONE year ( s ) from and after the date of completion and acceptance of same. NOW, THEREFORE, If the said Principal for a period of ONE 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 . SURETY: AMERICAN MOT TS INSURANCE COMPANY BY : APPROVED AS TO FORM: DAV NODDLE GAIL HUTTON, City Attorney A EY IN FACT By:. Deputy City Attorney, PRINCIPAL: �Z7/1 5- DE LA CRUZ CONSTRUCTION, INC . BY: DIRECT ALL CORRESPONDENCE TO: LOU JONES & ASSOCIATES 7470 N. FIGUEROA STREET LOS ANGELES , CA 90041 213-257-8291 a CALLFORNIA:ALL PURPOSE AG}4ItWI.E� 1V#ENT.>:><<>> > > <»<> > ` '> :>>: »><>>> ><'>>' :> :;::::>::>:`::`:: _.. State of California County of Los Angeles On JUL 2 0 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 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 oeoeeeoeeoeoeoeoesoeoeo:cer,eoeoeee KD WAPATO instrument. R ' COMM. #1032903 R 2 �� - NOTARY PUBLIC•CALIFORNIA 2 m WITNESS hand and official seal. e LOS ANGELES COUNTY Y :oeeocoa0000MY Comm. Expireiaole24,s199ie: 1 (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 GOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR JUL 2 a 1995 ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE nanonaL V - IrsoRance amranes AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove,,#L 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 and 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 gaor�11- W. A. Grauzas, S cr tary by J. S. Kemper, III, Exec.Vice President (OVER) pv�bltsh s� � NOTICE INVITING BIDS — /e CC-1013 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 2.00 p.m. on May 25, 1995, at which time they will be opened publicly and read aloud in the Council Chambers for the Traffic Signal Installation at Ward Street and Garfield Avenue in the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on April 26, 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-24th-6f Apr-H,- 1995. Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 eil Jet", REQUEST FOR COUNCIL ACTION MEETING DATE: May 1, 1995 DEPARTMENT ID NUMBER: PW-95-013 Council/Agency Meeting Held: Deferred/Continued to: �644Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature 07 Council Meeting Date: May 1, 1995 Department ID Number: PW-95-013 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNC MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: Les M. Jones II, Director of Public Works--c" SUBJECT: Traffic Signal Installation at Ward Street and Garfield Avenue, CC-1013; AUTHORIZATION TO ADVERTISE Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status,Attachment( Statement of Issue: Plans and specifications for the Traffic Signal Installation at Ward Street and Garfield Avenue; CC-1013 are complete and City Council approval is required to advertise the project. Funding Source: The funds for the project must be appropriated from the undesignated Measure M Fund Balance. After award of contract, 90% of the funds will be reimbursed by OCTA within 90 days. The remaining amount will be reimbursed upon completion of the project. The engineer's estimate for the project is $115,000. Recommended Action: 1. Approve the plans and specifications for the traffic signal installation at Ward Street and Garfield Avenue, (CC-1013) and authorize the Director of Public Works to advertise the project; and 2. Approve the attached sample construction contract, subject to award of contract to Council approved lowest responsible bidder. Alternative Action(s): 1. Approve plans and specifications but do not advertise to bid. 2. Do not approve the "sample contract" for the project. 3. Direct staff on alternative action. 0011162.01 -2- 04/14/95 11:30 AM REQUEST FOR COUNCIL ACTION MEETING DATE: May 1, 1995 DEPARTMENT ID NUMBER:PW-95-013 Analysis: This project is part of Growth Management Area No. 6 and is a joint venture between the Cities of Huntington Beach and Fountain Valley, with Huntington Beach acting as the lead agency. The installation of the traffic signal at Ward Street and Garfield Avenue is warranted. Staff has completed the plans and specifications for the project. Environmental Status: Planning has reviewed this project and determined it to be Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301(c). Attachment(s): NumberCity Clerk's Page 1 Project Location Map 2 Fiscal Impact Statement 3 Sample Contract 3 Special Provisions 0011162.01 -3- 04/14/95 11:30 AM 94"0 BOLSA AVE. CO w W cn 0 Mc FADDEN VE. ZEDINGER N N AVE. Y Z = LZ a0 o QHEIL a ¢ AVE. mOf 0 N 03 W N O WARNER N W o AVE. c� SLATER AVE. L) w 405 m A TALBERT AVE. Fj PACIFIC 901 ELMS AVE. PROJECT p LOCATION �4 a N GARFIELD J AVE. in N ( cn CO 5� YORKT OWN AVE. ADAMS AVE. �- V) G O,p j INDIANAPOLIS AVE. Y o TLANTA¢ Z = AVE. _ � N a w m Li HAMILTON AVE. OCEAN y�Lr BANNING AVE. Date: Page of Traffic Signal Location Map WARD ST. @ GARFIELD AVE. DEPARTMENT OF PUBLIC WORKS TSMS H CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: MICHAEL T. UBERUAGA, City Administrator FROM: DAN T. VILLELLA, Acting Deputy City Administrator SUBJECT: REQUESTED FOR TRAFFIC SIGNAL INSTALLATION, FIS 95-28 DATE: APRIL 12, 1995 As required by Resolution 4832, a Fiscal Impact Statement has been prepared for the proposed appropriation of $115,000 for purposes of funding the installation of a traffic signal at the corner of Ward Street and Garfield Avenue. Upon approval of the City Council, the balance of the unreserved, undesignated Measure M Fund would be reduced to $1,193,000, prior to the anticipated reimbursement of these monies by OCTA lei x DAN T. VILLELLA Director of Finance DTV:skd 0011627.01 04/12/95 3:51 PM Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TRAFFIC SIGNAL INSTALLATION AT WARD STREET AND GARFIELD AVENUE (CC-1013) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 5 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 8 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 9 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 10 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 11 22. DEFAULT &TERMINATION 12 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 12 24. NON-ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 13 27. NOTICES 13 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 14 31. ENTIRETY 15 3/k/sard/3/30/95 1 Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TRAFFIC SIGNAL INSTALLATION AT WARD STREET AND GARFIELD AVENUE (CC-1013) THIS AGREEMENT, made and entered into this day of , 1995, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and , a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as installation of a traffic signal at Ward Street and Garfield Avenue (CC-1013) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this 1 SAMPLE 3/k/ward/3/30/95 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 1994 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 2 SAMPLE 3/k/ward/3/30/95 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 Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. 3 SAMPLE 3/k/ward/3/30/95 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. 4 SAMPLE 3/k/ward/3/30/95 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 and other 5 SAMPLE 3/k/ward/3/30/95 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 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 herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials 6 SAMPLE 3/k/ward/3/30/95 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. 7 SAMPLE 3/k/ward/3/30/95 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 8 SAMPLE 3/k/ward/3/30/95 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 9 SAMPLE 3/k/ward/3/30/95 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 officers, agents and employees, and all public agencies as determined by the CITY as Additional 10 SAMPLE 3/k/ward/3/30/95 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. 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 11 SAMPLE 3/k/ward/3/30/95 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. 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 12 SAMPLE 3/k/ward/3/30/95 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 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 13 SAMPLE 3/k/ward/3/30/95 31. ENTIRETY The foregoing, and Exhibit"A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California By: print name ITS: (circle one)Chairman/President/Vice President Mayor By: ATTEST: print name ITS: (circle one)Secretary/Chief Financial City Clerk Officer/Asst. Secretary-Treasurer APPROVED AS TO FORM: City Attorney I RO INITI D D APPROVED: It City Adml str for Director of ub' Works 14 SAMPLE 3/ktward/3/30/95 CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTII1EN'r STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND STREET LIGHTING IN THE CITY OF HUNTINGTON BEACH March, 1994 Prepared Under the Supervision of: •�. +.:. �:�.• '•��J� /.mot; E? F�'�.. VSaJ No. 1 'r8/ _ Jz �;, ��, ••� =-�:'' � i ram`C`� 07- James D.Otterson, City Traffic Engineer, RCE 38580, RTE 1578 Date i Approved by: t � J12 5/,W Robert E. Eichblatt, City Engineer, RCE 20921 Date STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND STREET LIGHTING IN THE CTTY 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. 86-1.03 Equipment List and Drawings Page 3 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 Traffic Engineer, 2000 Main Street, Huntington Beach, CA 92648 upon completion of the work The contractor shall keep at least one copy of the current State of California Department of Transportation (Caltrans) Standard Plans and Standard Specifications on the job at all times. 86-1.04 Warranties, Guarantees and Instruction Sheets §86-1.04 shall be amended to read: Materials lists, manufacturer's data,warranties, guarantees, brochures, technical data, operating manuals, etc., shall be labeled and identified, and shall be submitted in bound booklet form prior to acceptance of the project. 86-1.05 Maintaining Existing and Temporary Electrical Systems The first sentence of the sixth paragraph shall be amended to read as follows: Where damage is caused by the Contractor's operations, the Contractor shall, at his expense, repair or replace damaged facilities within twenty four hours in accordance with these specifications. 86-1.06 Scheduling of Work The ninth paragraph shall be amended to read as follows: Functional tests shall start on any working day except Monday or Friday, or the day preceding or following a legal holiday. sreclals 94 Page 3 Huntington Beach Traffic Sienal and Street Lighting Standard Special Provisions March, 1994 86-2.01 Excavating and Backfilling The following shall be added to §86-2.01: Back-filling in roadway areas shall be with one (1) sack P.C.C. slung to bottom of roadway surfacing material unless otherwise directed by the Engineer or sho,,;n on the plans. All "Potholing" within roadway areas shall be backfilled with City-approved "one sack slurry" mix. Backfill in all trenches and pull box sumps not in roadway areas shall be compacted to 90% Relative Compaction unless directed otherwise by the Engineer. 86-2.02 Removing and Replacing Improvements The second paragraph shall be amended to read as follows: Whenever a part of a square or slab of existing concrete sidewalk, curb, gutter, or driveway is broken or damaged, the sidewalk, curb, gutter, or driveway shall be removed completely from score line to score line. Sidewalk shall be replaced from back of curb to back of walk, curb and gutter shall be replaced from edge of sidewalk to edge of asphalt, and driveways shall be replaced at the direction of the Engineer. P6rtland 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 3'/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. Page 4 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions March, 1994 86-2.05 Conduit 06-2.05A Material The first paragraph shall be amended to read: All new buried conduit, except as noted on the plans, shall be Schedule 80 rigid non-metallic type conforming to UL Publication UL651 for rigid non-metallic conduit. Non-metallic bell end bushings, Carlon plus E997J or approved equal, are to be placed on the terminating ends of all conduits prior to installing the conductors. 06-2.05B 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 Aire shall be doubled back into the conduit at each termination. The thirteenth paragraph shall be amended to read: Conduit shall be laid to a depth not less than 18 inches below or greater than 36 inches below grade in portland cement concrete sidewalk areas and curbed paved median areas, and not less than 30 inches below grade or greater than 48 inches below finished grade in all other areas, unless shown otherwise on the plans. The sixteenth paragraph shall be amended to read: The "Trenching in Pavement Method" is dis-allowed in the City of Huntington Beach unless previously authorized in writing by the Engineer for the individual installation location as shown on the plans. The following conduit installation methods shall be the approved installation methods unless noted otherwise on the plan: Conduit shall be installed using drilling or jacking methods, except in the following situations: specials 94 Paee 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). sM�„t:Ss Pale 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: PU1 Box Size Pull BaxChnst Cc�ncfete Pta�l Box LadChnsty .:::>::<:<>::<:: Fducs=Inc Catala Na Concrete Produ.::..:. . ..:............:............. atalo NQ 3 1/2 N9 FL9T 5 N30 FL30T 6 N36 FL36T 86-2.06B Cover Markin State Standard Plan ES-8, "Pull Box Details",Note 4-a.5 and b.10, shall not apply to this project. 86-2.06C Installation and Use The second paragraph shall be amended to read: All new pull box installations shall be grouted. The pull boxes shall be bedded in crushed rock as shown on the plans and shall be grouted prior to the installation of conductors. The grout shall be between 0.5-inch and one inch thick and shall be sloped toward the drain hole. A layer of roofing paper shall be placed between the grout and the crushed rock sump. A one inch drain hole shall be provided in the center of the pull box through the grout and the roofing paper. specials 44 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 V 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 Signal Interconnect Cable The first sentence of the first paragraph shall be amended to read: Signal Interconnect Cable (SIC) shall consist of AWG No. 20 (minimum) stranded, tinned copper conductors with the number of pairs as specified on the plans(six pair minimum). The third paragraph shall be amended to read: SIC shall be continuous between traffic signal controller cabinets without breaks or splices. A minimum of six feet of slack shall be provided at each controller cabinet. The fourth paragraph shall be deleted from §86-2.08E. srCCIAIS 94 Pale 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 Winne 86-2.09C Connectors and Terminals The following shall be added to §86-2.09C: Compression-type terminals (spade or eyelet) shall not be permitted for termination on solid conductors. 86-2.09D Splicing §86-2.09D shall be amended to read: Unless shown otherwise on the plans or permitted by the Engineer, splices in traffic signal conductors shall not be made between terminal blocks. Splices in street lighting (multiple circuit) and intersection safety lighting conductors shall be made in the base of the standard or adjacent pull box. Splices in street lighting or intersection safety lighting conductors shall conform to §86-2.09E and Standard Plan ES-13. Splices shall be insulated by Method B for Handcrafted Insulation. 86-2.10 Bonding and Grounding The second sentence of the seventh paragraph shall be amended to read: Ground electrodes shall be one piece, 10-foot length, 5/8-inch nominal diameter stainless steel and meet the requirements of the Code. Paue 9 Huntington Beach Traffic Sienal and Street Lighting Standard Special Provisions March, 1994 86-2.11 Ser,,ice 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: I. 50 amp breaker for traffic signals (l 20V 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 app] ing 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 pe6od(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 The first sentence of the fifth paragraph shall be amended to read: The city shall be responsible for the costs of electrical energy for testing of modified, city- owned street lighting and traffic signal systems. Page 1 1 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions March, 1994 The following shall be added to §86-2.14C: The Contractor shall, at his own expense, arrange to have a signal technician, qualified to work on the controller assembly and employed by the controller assembly manufacturer or his representative, present at the time the equipment is turned on. 86-3 Controller Assemblies 86-3.01 Controller Assembly The following shall be added to §86-3.01: Contractor shall furnish the following items as a complete package: 1. Caltrans Model 170E Micro Processor Intersection Controller Unit Assembly, supplied with a Serial Extender Board and two each 1200/2400 Baud Modems (GDI Model 404 or approved equal). The controller assembly shall be configured and jumpered to have all Random Access Memory (RAM and Programmable Read Only Memory (PROMs) on the Central Processor Unit (CPU) circuit board (configuration No. 2 in the Caltrans Model 170E Operations Manual). The serial extender board shall access ACIA Port No. 4 (COM 4) and shall provide a db 9 (female) plug on the face plate of the serial extender board. The db 9 plug shall be configured for standard IEEE RS232C serial port operations. The removable circuit boards �%ithin 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 assemble, 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. sr,mals 94 Page 12 Huntington Beach Traffic Sienal and Street Lighting Standard Special Provisions March, 1994 86-3.05 Controller Assembly Testin¢ The second sentence of the second paragraph shall be amended to read: A Certificate of Compliance with the approved procedure and a test report signed by a responsible managing employee shall accompany each controller assembly submitted to city for acceptance prior to installation and functional 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 s%kitches 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 v.,oven 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. Paee 13 Huntington 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 (NDLSTD 27473T24B35S) furnished with all pins and confi¢ured 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 shm«m 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 86-3.08B(l)Emergencv Vehicle Pre-emption Equipment The following shall be added to §86-3.0813(1): The Contractor shall furnish and install optical detectors and detector cable, and shall make all ,Airing 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: Pace 14 Huntington Beach Traffic Signal and Street Lighting Standard Special Pro,.isions 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 Sim] Faces and Signal Heads 864.01 Vehicle Signal Faces The following shall be added to §86-4.01: Signal section housings, backplates, and visors shall be plastic type, unless noted otherwise on the plans. All exposed and interior fasteners shall have an anti-seize compound (No-Lox or approved equal) applied before installation. 86-4.01 A Optical Units The following shall be added to the first paragraph: Contractor shall supply and install all required light bulbs. Vehicle indication light bulbs shall be Duro Test or approved equal. 86-4.01B Signal Sections The following shall be added to §86-4.01 B: All indications shall be 12 inch. a�cc,ls 9-7 Page 15 Huntinoon Beach Traffic Signal 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 Sipanal Mounting Assemblies The follov.ing 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 sho"m otherv.ise on the plans. Pale 16 Huntington Beach Traffic SiLnal and Street Lighting Standard Special Pro,,isions March, 1994 86-5.01 AM Construction Materials The following shall be added to §86-5.OIA(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. 86-5.01 A(5) Installation Details The following shall be added to §86-5.OlA(5): Unless shown otherwise on the plans all new loop detectors shall conform to Standard Plan ES-5B, Type E, except that the loops shall be 6-foot diameter (not 6-inch diameter as shown) and shall be spaced 10-feet apart in the direction of travel (not 10-inches as shown). Loop detector sealant shall be "Hot-Melt Rubberized Asphalt Sealant". Loop detectors shall be installed (including sealant) on the same day in which the loop detector slots are cut. Curb terminations shall be as shown on Standard Plan ES-5E, Tvpe A. The number of loop detector lead-in cables required to achieve the specified detection shall be installed. Splices will not be allowed in the loop detector lead-in cable between the controller cabinet and the pull box adjacent to the loop detector installation. Loop detector to loop detector lead-in cable splicing shall conform to §86-2.09D. Splices shall be insulated according to §86-2.09E, Handcrafted Insulation for Detector Circuits. Heat- shrink tubing is dis-allowed. src(Ws 94 Page 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 mastarm. The sign mounting hardware and location details shall be as shown in the City of Huntington Beach Standard Plan No.s 403 & 404 A&B. The following specifications define requirements for Non-Illuminated Mast Arm Street Name Signs: Sign Message: Street Name Suffixes shall not be used. Letter size, style, spacing, arrows, logos and borders shall generally conform to the current State of California Department of Transportation (Caltrans) Traffic Manual, Table 4-4 and Table 4-7, and Sign Specifications for Type G7 Advance Street ;Fame Signs. Non-Illuminated Mast Arm Street Name Signs shall be double sided unless noted otherwise on the plans. Pane 1S I iuntinetan 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-H14 or 5052- H32. The sign panel shall have shear-trimmed or roll-slit edges with workman-like quality. The corners of the sign panel shall be 3-inch radius. Four 0.375-inch diameter sign attachment holes shall be provided in each sign. The sign attachment holes shall be in the positions specified on City of Huntington Beach Standard Plan No. 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 0.3 75- inch diameter stainless steel bolts with two stainless steel cut flat washers and secured with stainless steel NylockTM nylon locking nuts. Two types of sign facing materials and application methods are acceptable. Method A: White ASTM D 4956-90, Type IV(or City-approved equal) prismatic sheeting shall be applied to the entire sign panel face. The sign message shall be cut into a non-reflective translucent film mask which shall be applied over the reflective sheeting. The color of the non-reflective translucent film shall be Federal 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 follo%king material and construction specifications: Page 19 Huntington Beach Traffic SiLnal and Street Lighting Standard Special Provisions 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. 6C1-17F6 (or approved equal). When the plans specify 70 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the follov.ing luminaires types shall be installed: General Electric Catalog No. M2AC-07-S-O-N-1-G-MC3-1 (Multi-tap ballast) General Electric Catalog No. M2AC-07-S-7-ITT-1-G-MC3-1 (120/240 VAC ballast) Hubbell Catalog No. RMC-3-3 (Fixture Housing)with R D-07526-3 (Power Door) When the plans specify 150 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the follo,Mng luminaires types shall be installed: General Electric Catalog No.WAC-15-S-0-N-1-G-MC3-1 (1\Iulti-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 KNID-15S28-3 (Power Door) These catalog numbers specify a luminaire with IES Type III distribution, full lighting cut-off, poNver door ballast assembly, 120/240 VAC or multi-tap lighting ballast, and bulb. Arterial Streets: Arterial streets shall be any street shown on the current Orange County 'Master Plan of Arterial Highways. For all arterial streets except Pacific Coast Highway, Walnut Avenue between Sixth Street and First Street, and Pacific View Avenue between First Street and Beach Boulevard, lighting poles shall be Ameron Catalog No. 1C1-28N8 (or.approved equal). 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. T14AC-25-S-O-AT-I-G-MC3-1 (Multi-tap ballast) General Electric Catalog No. M4AC-25-S-7-ITT-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-ITT-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 T,, e III distribution, full lighting cut-off, power door ballast assembly, 120/240 VAC or multi-tap lighting ballast, and bulb. The contractor shall install a pull box adjacent to the new street light pole base with 1 1.5-inch conduit between the pull box and the street light. The street light pole foundation installation shall comply the pole manufacturer's recommendations. All street lighting and intersection safety lighting poles shall have an in-line fuse installed. Street lighting poles shall have the in- line fuse installed in the pull box adjacent to the pole. Intersection safety lights shall have the in-line fuse installed in the pole base of the traffic signal pole or lighting pole supporting the intersection safety lighting luminaire. The in-line fuse shall include a water-tight housing and shall be Fusetron or approved equal. Street lighting systems installed on Pacific Coast Highway (State Route 1), Walnut Avenue between Sixth Street and First Street, and Pacific View Avenue between First Street and Beach Boulevard (State Route 39) shall require Ameron Catalog No. 1-C3-22-J8 or Ameron 1-C3- 22-J8D street light poles (as shown on the plans). Luminaires shall be 250 Watt HPS or 400 Watt HPS as shown on the plans. Street lighting pole and conduit installations on Pacific Coast Highway and Beach Boulevard shall require Caltrans plan approval and encroachment permits. 5pec,a15 94 Page 21 Huntington Beach Traffic Signal and Street Lithting Standard Special ProNisions 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 street lighting installations or modifications shall be the contractor's responsibility. Page 22 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions March, 1994 APPENDIX TS-1 spcobl&N = TO 8C G oAlK16GT&--T---, ?-D 2.-DESCRIPTION MEMA D '� CD�.IA�ECTC2 2.5.7.4 T1 MS CONNECTOR "D" 1- Cycle B Select 50- 911 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 G - Flow Receiver 39) -A 55- Assignable Det 13 k- 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- ff10 Phase Omit 12- OL F Red Driver 61- B1 1 Phase On 13- E.V. 4 -A- 62- 2J11 Check -*�-14- Assignable Det 10�,-- 63- Spare Output 1 'k-15- Assignable Det 7-k ,c64- EV Preempt 3 _ -,-16- Assignable Det 6�K- 65- Dual Entry 17- g11 Red Driver k4 66- EV Preempt 2 c- 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 !X-21- Modem Transmit 3�,- 70- For htg Use Only �"22- Modem Transmit4 71- 012 Red Driver - 4 23- Modem Receive -* 72- 011 Ped Call Det '* 24- Assignable Det 15 73- 012 Walk Driver 25- Assignable Det 3 *- 74- 911 Ped Omit 26- 911 Ped Clear Driver 75- Interseciion 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- 99 Red Driver �32- Assignable Det 144k 81- For Mfg Use Only _ 33- Modem Receive 82- P112 Ped Call Det 4--34- Assignable Det 16 A 83- 911 Phase Omit 4', 3 5- Assignable Det 114 84- Id12 Phase Omit 36- H10 Ped Omit 85- 2'10 Ped Call Det t�-37- Assignable Det 1 86- B9 Ped Omit 38- Assignable Det 5 87- 910 Phase Next 39- Assignable Det 8 A 88- 99 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 4; 93- For Mfg Use Only 45- EIA in 94- 912 Ped Omit 46- EIA out 95- 912 Hold . �,47- Assignable Det 9,�-- 96- H1 1 Hold 48- 910 Vehicle Cali Det 97- 09 Pod Call Det 49- g11 Phase Next 98- 912 Yellow Driver Rev. 10/88 2.13 - 2:-DESCRIPTION 2.5.7.4: T1 MS CONNECTOR "D" {CONTINUED) 99- g12 Ped Clear Driver 114- For Mfg Use Only 100- g10 Green Driver 115- Pf9 Hold 101- 99 Green Driver 116- Pf 12 Phase Next 102- 89 Yellow Driver 117- 912 Don't Walk Driver 103- Master Sync Output 118- 2112 Check 104- For Mfg Use Only 119- 910 Red Driver 105- 21`12 Vehicle Call Det 120- 99 Don't Walk Driver 106- 99 Vehicle Call Det 121- Flow Xmit 4/Spec Funct 4 107- B11 Vehicle Call Det 122- 99 Phase Omit 108- Pf10 Ped Clear Driver 123- 910 Check 109- H12 Phase On 124- H10 Don't Walk Driver 110- 99 Phase On 125- B'10 Phase On 111- Z9 Phase Next 126- 910 Walk Driver 112- 99 Ped Clear Driver 127- Pf 10 Yellow Driver 113- For Mfg Use Only 128- Erg Check NOTE: May differ, depending on software. 0 C3 S 0901. 7 2.14 Rev. 10458 RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: Traffic Signal Installation at Ward Street and Garfield Avenue, CC-1013; Authorization to Advertise COUNCIL MEETING DATE: May 1 , 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 Attome Attached 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) Attached 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: (Below Space For City Clerk's Use • HUNTINGTON BEACH • FOUNTAIN VALLEY Independent THE NEWPORT BEACH•COSTA MESA PILOT Client Reference # �� Independent Reference # Dear Advertiser: Enclosed please find clipping of your ad from the first publication, beginning If you need to make any changes or corrections, please call me at your earliest convenience. The cost of this publication will be $ Thanks for your cooperation and patronage. Sincerely, .J dy Oetting Manager Legal Advertising Department 18682 Beach Boulevard, Suite 160 Huntington Beach, CA 92648 (714) 965-3030 (714) 965-7174 FAX PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a _ resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington PUBLIC NOTICE improvements, conform to the Labor Code of the Beach County !State of California and County Of Orange, State Of INVITING BIDS 'other laws of the State of CC-1013 California applicable California, and that attached Notice is a Notice is hereby given thereto, with the exception true and complete copy as was printed that sealed bids will be only of such variations that ceived by the City of Hun- may be required under the and published i n the Huntington Beach of t Beach the office special statutes pursuant to of thehe City Clerk at City which proceedings hereun- Hall, 2000 Main Street, Ider are taken and which and Fountain Valley Issues of said Huntington Beach, Califor- have not been superseded nia, until the hour of 2:00 by the provisions of the newspaper to wit the issue(s) o f: p.m. on May 25, 1995, at Labor Code. Preference to which time they will be labor shall be given only in !opened publicly and read the manner provided by aloud In the Council Cham- law. bers for the Traffic Signal No bid shall be consid- Ma y 4 , 1995 Installation at Ward Street ered unless it is made on a and Garfield Avenue in the form furnished by the City May 11 , 1995 City of Huntington Beach. of Huntington Beach and is A set of plans, specifica- made In accordance with tions, and other Contract the provisions of the pro- May 18 , 1995 documents may be ob- posal requirements. tained on April 26, 1995 at Each bidder must be li- the Department of Public censed and also prequalk Works, 2000 Main Street, 'fled as required by law. Huntington Beach, Califor- The City Council of the nia, upon receipt of a non. City of Huntington Beach refundable fee of$20.00 for reserves the right to reject I declare, under penalty of perjury, that pick-up or$25.00 if mailed. any or all bids. Each bid shall be made By order of the City Coun- t eforegoing is true and correct. on the Proposal Form and cil of the City of Huntington in the manner provided In Beach,California the 1st of the contract documents, May,1995. and shall be accompanied Connie Brockway by a certified or cashier's City Clerk of the City check or a bid bond for not Executed on May 181 99 5 less than 10% of the lof Huntington Beach � amount of the bid, made Published Huntington at Costa Mesa, California. payable to the City of Hun- 'Beach-Fountain Valley In- ungton Beach. The Con- dependent May 4, 11, 18, tractor shall, in the per- 1995. formance of the work and 051-346 Signature SECTION C PROPOSAL for the TRAFFIC SIGNAL INSTALLATION at WARD STREET AND GARFIELD AVENUE CASH CONTRACT No. 1013 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 calendar days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty 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 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of$ 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 Bidd is Si nature No. 1 5/24 95 G C-2 PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Quantity written in words Unit Price Amount 1 1 Install City Furnished Type III Service Complete lump sum @ nne thousand two hundred fiftl?ollars $ 1 ,257 .00 $ 1,257.00 seven dollars and no Cents Per lump sum 2 1 Install City Furnished Controller Cabinet Complete lump sum @One thousand nine hundred Dollars $ 1 ,916.00 $ 1,916 .00 sixteen dollars and no Cents Per lump sum 3 1 Install City Furnished Poles&Appurtenances Complete lump sum @ Nine thousand Eight Hundred Dollars $9,896 .00 S),896.00 ninety six dollars and no Cents Per lump sum 4 21 Furnish and Install Detector Loop each @ Five thousand five hundred Dollars $ 266.00 $ 5,586.00 eighty six dollars and no Cents Per each 5 4 Furnish and Install No. 3 Pull Box each @ Six Hundred Dollars $150.00 $ 600.00 and n n Cents Per each 6 2 Furnish and Install No. 3(T)Pull Box each @ Three Hundr d twenty Dollars $ 160.00 $ 320.00 and no Cents Per each 7 3 Furnish and Install No. 5 Pull Box each @ Five Hundred Fifty Five Dollars $ 185 .00 $ 555 .00 and no Cents Per each 8 2 Furnish and Install No. 5(T)Pull Box each @ Three Hundred Ninety Dollars $ 195.00 $ 390 .00 and no Cents Per each 9 7 Furnish and Install No.6 Pull Box each @ One thousand four hundred Dollars $ 210 .00 $ 1,470 .0 seventy dollars and no Cents Per each 10 1 Furnish and Install No.6(T)Pull Box each @ Two Hundred twenty Dollars $ 220.00 $ 220.00 and no Cents Per each C-Is PROJECT BID SCHEDULE Item Estimated Item with unit price Extende No. I Quantity written in words Unit Price Amount 11 900 Furnish and Install 1 1/2"Sch. 80 P.V.C. linear foot @ Seven thousand four hundred Dollars $ 8.30 $ 7,470 .00 seventy dollars and no Cents Per linear foot 12 150 Furnish and Install 2"Sch. 80 P.V.C. linear foot @ One thousand three hundred Dollars $ 9_20 $ 1 ,380_00 eighty dollars and no Cents Per linear foot 13 100 Furnish and Install 2 1/2"Sch. 80 P.V.C. linear foot @ One thousand fifty Dollars $ 10 .50 $ 1 ,050 .0 and no Cents Per linear foot 14 250 Furnish and Install 3"Sch. 80 P.V.C. linear foot @ Seven thousand seven hundred Dollars $ 31 .00 $ 7,750.00 fifty dollars and no_Cents Per linear foot 15 125 Furnish and Install 4"Sch. 80 P.V.C. linear foot @ Three thousand six hundred Dollars $ 29.00 $ 3 ,625 .00 twenty five dollars and no Cents Per linear foot 16 1 Furnish and Install Cable/Wire Complete lump sum @ Seven thousand four hundred Dollars $ 7,478.00 $ 7,478.00 seventy eight dollars and no Cents Per lump sum 17 1 Install City Furnished RG8U Cable Complete lump sum @ Two hundred fifty six Dollars $ 256.00 $ 256.00 and no Cents Per lump sum 18 2 Furnish and Install Pedestrian Barricade each @ Nine hundred sixty two Dollars $ 4R1 _00 $_ 962 .00 and no Cents Per each 19 1 Install 6"Asphalt Curb per Detail"A" lump sum @ One thousand eight hundred Dollars $ 1,820.00 $ 1 ,820.00 twenty dollars and no Cents Per lump sum 20 1 Install Curb Ramp per Standard Plan No.212 each @ One thousand one hundred Dollars $ 1,152 .00 $ 1,152 .00 fifty two dollars and no Cents Per each C-2s PROJECT BID SCHEDULE Item Estimated Item with unit price Extended No. Quantity I written in words Unit Price Amount 21 1 Sandblast Striping per Signing&Striping Plan lump sum @ One thousand five hundred Dollars $ 1,562 .00 $ 1 ,562 .00 sixty two dollars and no Cents Per lump sum @ Dollars $ $ Cents Per @ Dollars $ $ Cents Per Total Amount Bid in Figures: $ 56 715.00 Total Amount Bid In Words: FIFTY SIX THOUSAND SEVEN HUNDRED FIFTEEN DOLLARS ..................................................................................................................................................................................................................... AND NO CENTS C-3s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor .State License Class of Work Number Orange County Striping Services, Inc 183 N. Pixley Street, Orange, Calif. 92668 346095 Smithson Electrical 1938 E. Katella orange, Ca. 92667 614518c 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 Faustino De La Cruz , being first duly sworn, deposes and says that he or she is President of De La Cruz Construction the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder 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. Faustino De La Cruz Name of Bidder TERES►EMERR M Signature of Bid -- CXW#105M Notary Ablc—cditria US ANOM OOUM ,%hW*CpnmPr.-«AN27,19" 9200 Sorensen Avenue, Santa Fe Springs, ca. Address of Bidder 90670 Subscribed and sworn to before me this Z gAkday of M(ai'1 , 199 5— . NOTARY PUBLIC ]L� � 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 TRAFFIC SIGNAL INSTALLATION AT WARD STREET AND GARFIELD AVENUE, (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 Ate► By :rmw tam ofta ow"*rM President Title Date: 5/24/95 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 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: 5/24/95 C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: De I.a Cruz CnnGtrnct inn , Tnr Contractor By President Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: De La Cruz Construction, Inc. Bidder Name 9200 Sorensen Avenue Business Address Santa Fe Springs, Calif. 90670 City, State Zip (310 906-1630 Telephone Number 594727 A C21 C36 B State Contractor's License No. and Class 5/90 Original Date Issued 5/31/96 Expiration Date The work site was inspected by Tim Erno of our office on 5/14 , 199 5. The following are persons, firms, and corporations having a principal interest in this proposal: Faustino De La CRuz President C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. De La Cruz Construction, Inc. Company Name <-"' — 0� 4L Signature of Bidder Faustino De La Cruz Printed or Typed Signature Subscribed and sworn to before me this 2L day of CD , 19 t .nw: ooxoio � pwi C WX 1p►cone,.auto.Ma 27,1: NOTARY PUBLIC ,—� NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1 City of Huntington Reach 2000 Main Street. Huntington Reach, Ca_ 9264R Name and Address of Public Agency Name and Telephone No. of Project Manager: Bill Smith (714)536-5431 573,314.00 Street Lighting Project A'11A'/95 Contract Amount Type of Work Date Completed 2. City Of Westminister 8200 Westminister Blvd. , Westminister, Calif. 92683 Name and Address of Public Agency Name and Telephone No. of Project Manager: Peter Mackprang (714)898-3311 $187,038.00 Traffic Signal Interconnect Installation 10/6/94 Contract Amount Type of Work Date Completed 3, City of Laguna Hills 25201 Paseo De Alicia, Suite 150, Laguna Hills, Ca. 92653 Name and Address of Public Agency Name and Telephone No. of Project Manager: Ken Rosenfield (714)7o7-2650 $83,314.00 Traffic Signals Installation 2/11/95 Contract Amount Type of Work Date Completed C-10 '• '� CITY OF HUNTINGTON BEACH 2 0 0 0 M a i n S t r e e t P . 0 . B o x 1 9 0 C a l i f o r n i a 9 2 6 4 8 Les M. Jones II Public Works Department Director (714) 536-5431 TRAFFIC SIGNAL INSTALLATION AT WARD STREET AND GARFIELD AVENUE CASH CONTRACT NO. 1013 ADDENDUM NUMBER 1 May 16, 1995 Notice To All Bidders: The following correction to the Contract Specifications shall be included in the bid documents: The City of Huntington Beach, Standard Special Provisions for the Construction of Traffic Signals and Street Lighting, March 1994 Edition, shall be removed and replaced with the enclosed Standard Special Provisions. 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, V- 11r'(111 61't�- A� Terri A. Elliott, P.E. Project Engineer TAE:gd This is to acknowledge receipt and review of Addendum Number 1, dated May 16, 1995. It is understood that this revision of the new document shall be included in the Bid Documents. De La Cruz Construction, Inc. (� 6 Company Name By 5/24/95 Date 12197 I ! > m a., E-iW Ho H a x H W O H z H o z H w a o C] a FC rn H FC C9 r-! Q w z o z Ei v0 w w w a cn U Er z CEn W H Cn In xz � 44 a H w z E-+ 3 FC U O (x O 44 z E-1 O a U U U N U W h x O cn a < o W U EA s ;s a ' - s• a�r4t arz< «, nod i c Y. �} 5xW}* _ ,� _ 3' •3 $i V3 } jy r� } e ' �I` 5+�x' x 's *t a F4 p a 7 ri.': a "� h•r .q t{�k« ✓ Y `qe�.. @ U O 1 z rn z f� a Se <s qr t 1�_x.+ C **2 s;!�r +1 F�i r k3`°•i?r a .','Y+ ♦ .N 1� i- - d R , n .4 e-Y �j� #'-s- 3 y y� P -i H 'J Cn CL z z H f U w fZ .. #� U] r s r it t p r> wo t. 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