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HomeMy WebLinkAboutFour Simon, Incorporated - 1982-08-02� � � ' rA _ ' � � � . . � y '' � � `� a 1 r 4 � .err.. { � � "A .. y�.. r t � _ • �' _ �_ F .. ._ . , _ ,!` ., • � - �. cc 550 STATE FUNDED PUBLIC WORI'S CONTRACT THIS AGREEMENT, made and entered into on this 19th day of January, 1983, by and between the CITY OF HUNTINOTON BEACH; a municipal corporation of the State of California, hereinafter referred to as "CITY," and FOUR SIMON, INCORrORATED, a California corporation, hereinafter referred to as "CONTRACTOR." F;HEREAS, CITY has solicited bids for a public works project (herein as PROJECT) more fully described as the codification of traffic signals and controllers at the intersection of Adams Avenue and Brookhurst Street, and work, WHEREAS? CONTRACTOR has been selected and is to perform said NO:•;, 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 his own expense, all labor, plant, tools, equipment supplies, transportation, utilities and all other items and facilities necessary to complete and construct, in a good and workmanlike manner, PROJECT. CONTRACTOR agrees to furnish all said services and material contemplated and embraced in this agreement; and assume loss and damage arising out of the nature of the afc►-esaid work - 1 - r • during its progress or prior to acceptance from the action of the elements, and from any unforeseen difficulties which may arise or be encountered in the prosecution of work and for all other risks of description connected with the work.; and all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are 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 its 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, SPECIFICATIONS CONTRACTOR acknowledges that he is fully familiar with al! the terms, conditions and obligations of the Contract Documents, as hereinafter defined, the location of the jobsite, and the conditions under which the work is to be performed, anc that he enters into this contract based upon his investigation of all such matters and is in no way relying upon any opinions or representations of CITY. It is further agreed that the Contract Documents are incorporated in this contract 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, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this contract. "Contract Documents" as defined herein mean and include; A. This contract agreement; B. Bonds for the work covered by this contract; C. The CITY'S standard plans and specification, and special contractual Provisions, including those on file in the oft4.ce of the Director of Public Works of CITY and adopted by the City► Council of CITY and any revisions, amendments or addenda thereto, the 1982 edition of Standard Specifications for Public Works Construction, published by Builder's 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 Asso- ciated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders, and the Contractual Proposal; E. The project 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 dispute or inconsistency between any plan or specification, the matter shall be immediately submitted to the Department of Public Works of CITY, hereinafter referred to as "M1," without whose decision said dis- crepancy shall not be adjusted by CONTRACTOR, save only at his own risk and expense. 3- 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 accept- ance of the terms of said bid or proposal which is in conflict herewith. 3. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the project with 10 calendar days after notice to proceed is issued and shall diligently prose- cute it to the completion within o0 calendar days from the execution of this contract by CITY, excluding delays provided for in Section 16 herein. 4. TIME OF THE ESSENCE Time is of the essence of this contract. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details, samples, avid do all other things necessary and incidental to the prosecution of his work in confovm- ance with the said progress schedule. He shall coordinate the cork covered by this contract with that of all other ccntractors, sub- contractors and of the CITY, in a manner that will facilitate the efficient completion of the project and in accordance with Section 3 herein. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors and, in general, all matters representing the timely and orderly conduct of the work oC CONTRACTOR on the premises. 4 - • 5. CHANGES CONTRACTOR hereby agrees to make any and all changes, furnish the materials and perform the work the Ml may require without nullifying this contract. CONTRACTOR shall adhere strictly to the plans and specifications unless a change therefrom is author- ized in writing by the DPW. Under no condition shall CONTRACTOR make any changes, either in additions or deductions, without the written cyder 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. CONTRACTOR shall submit immediately to the DPW written copies of its firm's cost or credit proposal for changes in the work. Disputed work shall be performed as ordered in writing by the DPW and the proper cost or credit breakdowns therefor shall be submitted without delay by CONTRACTOR to DPW. &. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this agreement unless and until a notice to proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will. be available on the date the Notice to Proceed is issued. In event of a delay in commence- ment due to such unavailability, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such avail- ability. 7. BONDS CONTRACTOR shall, prior to entering upon the performance of this contract, furnish bonds approved by the City Attorney: one in the amount of one hundred percent (100%) of the contract price, to guarantee the CONTRACTOR'S faithful performance of the work and - 5 - 1 • u to warrant such performance for a period of one (1) year after CITY'S acceptance thereof; and one in the amount of fifty percent (50%) of the contract price, to guarantee payment of all claims for labor and materials furnished. Such warranty shall apply to 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 notification by CITY of any defect warranted hereunder, may at its option make appropriate repairs or replace the defective item or items. 8. CALIFORNIA FAIR EMPLOYMENT PRACTICES ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Labor Code Sections 1410, et seq. 9. CALIFORNIA PREVAILING WAGE LAW The CITY has ascertained from the Director of Industrial Relations of the Statc of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this contract, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR agre,2s that not less than said prevailing rates shall be paid to wo.Avrs employed on this public works contract as required by Labor Code Sections 1771 and 1774 of the State of California. In accordance with the provisions of Section 3700 of the Labor Code, CONTRACTOR further agrees to secure payment of compensation to ever; employee. - 6 - 10. CALIFORNIA PREVAILING WAGE LAW •- PENALTY CONTRACTOR shall, as a penalty to CITY, forfeit Twenty - Five dollars ($25) for each calendar day or portion thereof for each worker paid (either by him or any subcontractor under him) less than the prevailing rate set forth herein on the work provided for in this contract, all in accordance with Sections 1774 and 1775 of the Labor Code of the State of California. 11. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the Labor Code of the State of Cali- fornia, regarding the payment of travel and subsistence payments, is applicable to this contract. 12. EMPLOYMENT OF APPRENTICES Section 1777.5 of the Labor Code of the State of Cali- fornia, regarding the employment of apprentices, is applicable to this contract. 13. EIGHT HOUR LAW In performance of this contract, not more than eight (8) hours shall constitute a day's wort. and CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph 9 above. CONTRACTOR shall conform to Article 3, Chapter 1, part 7 (Sections :1810, et seq.) of the Labor Code of the State of California, and shall forfeit to CITY as a penalty, the sum of Twenty -Five dollars ($25) for each worker employed in the execution of the contract by CONTRACTOR or any subcontractor for each calendar day during which any worker is required or permitted to labor none than eight (8) hours in any one calendar day and fo..ty (40) hours in any one week in violation of said article. CONTRACTOR shall keep an accurate 7- record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the project. 14. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime -,ours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by him in connection with the project, and agrees to insist that each of his subcontractors do the same. CONTRACTOR further agrees that his payroll records and those of his subcontractors, if any, shall be available to the employee or his representative, the Division. of Labor Standards Enforcement, and the Division of Appren- ticeship Standards, and shall comply with all of the provisions of Labor Code Section 1776, in general. 15. INDEPENDENT CONTRACTOR It is further understood and agreed that the CONTRACTOR is, and shall be, acting at all times as an independent contractor herein, and not as an employee of CIT7. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the services to be performed hereunder. 16. LIQUIDATED DAMAGES It is agreed by the parties hereto that in case the total work called for hereunder in all parts and requirements is not or= • • finished or completed within the number of calendar days as set forth in Section 3 herein, damage will be sustained by CITY and that it is and will be impractical and extremely difficult to ascertain and determine the actual damage which CITY will sustain in the event of and by reason of such delay; and it is, therefore, agreed that CONTRACTOR will pay to CITY the sum of Two Hundred dollars ($200.00) per day for each and every working day's delay in finishing the work in excess of the number of working days prescribed; and CONTRACTOR agrees to pay said damages herein provided for, 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 with damages for any portion of the delay in com- pletion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including but not restricted acts of God or of the public enemy, fire, floods, epi- demics, quarantine restrictions, strikes, and unsuitable weather, or delays of subccntractors due to such causes. CONTRACTOR shall within fifteen (151 days from the begin- ning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the contract) 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 its decision is conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or com- pletion of the work by the act, neglect or default of CITY, or should CONTRACTOR he delayed waiting for materials, if said .. 9 ;a • materials are required by this contract to be furnished by CITY, or by damage caused by fire or other casualty for which CONTRACTOR is not responsible, or by the combined actijn of the workmen, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended 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, subcontractors or CITY will be allowed and said extension of time for the completion shall be the sole remedy of CONTRACTOR. 16. DIFFERING SITE CONDITIONS (1) Notice. The contractor small promptly, and before such conditions are disturbed, notify the DPW, in writing of: (a) subsurface or latent physical conditions at she site differing materially from those indicated in this agreement; or (b) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily en- countered and generally recognized as inheLent in work of the character provided for in 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 lime required for performance of any part of the work under this - 10 -- 0 1 0 agreemen►:, whether or not changed as a result of such conditions, an equitable adjustment shall be made ana the agreement modified in writing accordingly. (2) Time Extension. No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given the notice required in this clause; provided, however, the time pre- scribed therefor may be extended by CITY. 17. COMPENSATION CITZ agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this contract, subject to any additions or deductions as provided in the Contract Documents, the sum of Ninety -Three Thousand dollars, and no cents ($93,000.00), as set forth in the Contract Documents and provided for in Section 1 herein. 18. VARIATIONS 114 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 constructed in accordance with the plans and specifications. Upon completion of the construction, if the actual quantities show either an increase or decrease from the quantities given in, the bid schedule, the contract bid price will prevail subject to the provisions of this Agreement. Equitable adjustment in payment wall be made upon increases or decreases in costs due solely to the variation in quantity above or below the estimated quantity when warranted by the facts and circumstances. 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 justify. 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. 19. PROGRESS PAYMENTS Each month, the DPc9 will make an estimate in writing of the work performed 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. If CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as de tern, ined from the bid schedule, and if the DPW finds that satis— factory 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 comFIeted since the commencement of the work, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, is unencumbered, or any part thereof unencumbered, shall be made thi.r.tyr-five 11.3 ) days ai.tor till: acceptance of the work and the filing of a Novice of Complt_tion by CITY. Payments shall be made on demands drawn in the manner required by law, accompanied by a certi— ficate rir1ned by the DPW, stating that the work for which payment is demanded has been performed in accordance with the germs of the contract, and that: the amount stated .in the certificate is due under th(.! germs or the contract. Partial payments on '.he contract price shall clot b(! consicir!reci as atr aceeptanco of any part of the work. 20. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon? CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under Section 20 of this contract. 2:. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this ~ont-r-act, CONTRACTOR shall file with the DPW its affidavit stating that all workmen and persons employed, all firms supplying mater- ials, 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. 22. 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 contract. 23. INDEMNIFICATION; HOLD HARMLESS; DEFENSE CONTRACTOR agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, agents and employees against any and all l;.ability, claims, judgments, costs and demands, in- cluding death or injury to CONTRACTOR'S employees, and damage to property, arising directly or indirectly out of the obligations herein undertaken by CONTRACTOR or out Df the operations conducted by CONTRACTOR, save and Except those which arise out of the sole 13 negligence or sole willful misconduct of CITY. CONTRACTOR will defend any such suits at the sole cost and expense of CONTRACTOR when requested by CITY, and any costs of defense or attorney's fees incurred by CITY in enforcing this obligation will be reimbursed to CITY or may be awarded to CITY by a court of competent jurisdiction. 24. WORKER'S COMPENSATION CONTRACTOR acknowledges and undertakes its duty hider the provisions of Section 3700 et seq. of the Labor Code to insure against liability for worker's compensation and covenants to comply with such provisions prior to commencing the performance of the work hereunder. CONTRACTOR shall maintain worker's compensation insurance and otherwise comply with all of the provisions of the Worker's Compensation and Safety Acts of the State of California, the appli- cable provisions of Divisions 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or Federal acts or laws applicable and shall furnish to CITY a certificate of worker's compensation insurance evidencing such compliance. Tie insurer shall furnish to CITY a certificate of worker's compensation insurance. The provider of insurance shall not cancel or modify any such policy so provided without thirty (30) days' prior written notice to CITY. CONTRACTOR shall further require all subcontractors to similarly provide such worker's compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish a certi- ficate of waiver of subrogation under the terms of the worker's compensation insurance, and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 14 w 01. CONTRACTOR'S worker's compensation insurance shall be in forms and underwritten by insurance companies satisfactory to CITY. Said insurance shall remain in force until the work under this contract is fully completed and accepted by CITY. Said insurance shall not derogate from the provisirns for indemnification of CITY by CONTRACTOR under section 24 of this contract. CONTRACTOR shall, notwithstanding nor diminishing the foregoing obligations, subscribe for and maintain in full force and effect during the life of this contract a worker's compensation liability policy, in accordance with the Worker's Compensation Act of the State of California, of not less than One Hundred Thousand dollars ($100,000). 25. INSURANCE COMPACTOR shall at all times carry on all operations hereunder, bodily injury and property damage liability insurance, including automotive bodily injury and property damage liability insurance, in forms and underwritten by insurance companies satisfactory to CITY for: all operations, subcontract work, con- tractual obligations, product or completed operation, all owned vehicles and non -owned vehicles. Said insurance coverage obtained by the CONTRACTOR shall name the CI`�Y, its officers, agents and employees and all pu;?ic agencies as determined by the CITY as additional insureds on said policies. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. Before CONTRACTOR performs any work at, or prepares or delivers materials to the site of construction, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Autorney evidencing the foregoing insurance coverages and such -- 15 - e • certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be cancelled without thirty (30) days' written notice to CITY. CONTRACTOR shall maintain all of the foregoing insurance coverages in force until the work under this contract is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 24 of this contract. Notwithstanding or diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this contract the following insurance amounts: not less than Three Hundred Thousand Dollars ($300,000) combined single limit coverage for Items A and B. A. Bodily Injury Liability and Automotive Bodily Injury Liability (including non - ownership and hired cars) B. Property Damage Liability and Automotive Property Damage Liability 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 the premiums on all insurance hereinabove required. Zf. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the wo,:k 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 the Contract Documents, CITY may give notice in writing of its intention to terminate the contract. Unless the violation is cured within ten (10) days after said notice of intention has been served on CON- TRACTOR, CITY may terminate this agreement upon the expiration of that time. 27. 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 drawings, reports, calculations, maps and other docu- ments, pertai..ing to said contract, shall be delivered to CITY and become its sole property at no further cost. 28. DISSATISFACTION WITH PERFORMANCE In the event that CITY is dissatisfied with performance of CONTRACTOR and the procedures for termination set forth in Section 27 are followed, CITY may elect to assume complete control over PROJECT. 29. NON -ASSIGNABILITY No assignment or delegation by the CONTRACTOR of this contract or any part hereof, or of funds to be received hereunder, will be recognized by CITY unless such assignment or delegation has had prior written approval of consent of CITY and the surety. 30. CITY EMPLOYEES CONTRACTOR shall employ no regular employee of CITY in the work performed pursuant to this contract. 17 31. ATTORNEY'S FEES If any action at law or in equity is necessary to enfurce or interpret the terms of this agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary dis- bursements in addition to any other relief to which he may be entitled. If any action is brOL,ght against CONTRACTOR or any sub- contractor to enforce a Stop Notice or Notice to Withhold, which names CITY as a party to said action, or by reason of which CITY incurs expenses, CITY shall be entitled to reasonable administrative and attorney's fees, costs and necessary disbursements arising out of the processing of Stop Notices or Notices to Withhold or any similar legal document arising out of the performance of this agreement. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this agreement. 32. COMMUNICATIONS BETWEEN PARTIES Communications regarding this contract by CONTRACTOR to CITY shall be sufficiently given if delivered to: City Attorney's Office 2000 Main Street Huntington Beach, Ca 92648 Communications regarding this contract by CITY to CONTRACTOR shall be sufficiently given if delivered to: Four Simon, Inc. 3265 Fletcher Drive Los Angeles, CA 90065 -- 18 - E Either party may designate another address for receiving communications, if such is designated in writing and forwarded to the other party. 33. ENTIRETY The foregoing represents the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR: orge ,, unez President Luis. :::Inez -- Secret y/Treasurer ATTEST: C-ity Clerk CITY OF HUNTINGTON BEACH, a municipal corporation By 41A Vol. Mayor APPROVED AS TO FORM: ___. Cil Attor y REVIEWED,AND APPROVED: MATED AND Pit VED: City Administrat - Direct nr, Public Wo::ks 1/19/83 kdl - 19 (Executed in dupl.icateo FREMONT INDEMNITY COMPANY .�� TNC rREMOUT BUILDING LOS ANGCLCS, CALiroRNIA CALIFORNIA PERFORMANCE BOND KNOW ALL tdi=tl BY THESE PRESENTS: PUBLIC WORKS BOND N0. B 213149 That we FOUR SIMON, INC._ as Principal. hereinafter -alled the Principal, anLr FREMONT INDEMNITY COMPANY , a Cantor Id corporation, duly authorized to transact a surety business in the State of California, as Surely, hereinafter called Surety. are held and firmly bound unto CITY OF HUNTINGMN BEACH as Obligee, hereinafter called Obligee, in the sum of NINETY—THF.EE THOUSAND AND NO/100-------------------------------------- Dollars, ($93,000.00) for the payment whereof the Principal and Surely bind themselves, their heirs. executors, administrators. successors and assigns,. jointly and severally, by these presents. WHEREAS, the Principal and Obligee have entered into a certain contract in writing, hereinafter called the contract, dated January 19, 1993 � for: CC 550 — MODIFICATION OF TRAFFIC SIGNALS AND CONTROLLERS AT THE INTERSECTION OF ADAMS AVENUE AND BROOKHURST STREET, complete as per plans and specifications APPF01n AS ICITTOtt TO FORM:t ey a copy of which is or may be attsched he►e,�, and which is hciehy referred to, NOW, THEREFORE. The condition ;`: this Oblif,atrc:n is teal if the Principal shall rell and truly perform the work con- traded to be performed under said ccntra.t, then this obligafl,.r, she;l be void, otherwise tr remain in full force and effect. This bond shall inure to the benefit of the persons herinabove specified only so as to give a right of action to such persons of Ineir or their assigns in any suit brought u ,•n Bits bond. Any notice to Surety shall be addressee' :r served !ivon it at 170* Wat Eo;`%th s;rc.c . L os Angeles, California. SIGNED. SEALED AND 0ATF0, this .._ _'. tat _. _... day of Februaz-yM_— 19 83 P $ 5 t3.OQ 61L�.— — -- PI FR NITY COMPANY STATE Or CAL.IFQRNIALos Angeles COUNT I of* J By _ �` AT }� rN 1 ACT Allen Jayne p•. T, f a%. C. t . r - ,--.._. F@biut3�L - �.r ..�- .. .r ram! - t1 c Co F E M L rgueriEe S. IIu�Zer A N87Ap+ 6L : IN AI:D tOR TMC COUNT. Ar.Z STATE arORCsAva Pc%i OlNG TNc'lirin rv.+ te•�utsUOv Cr ANO S«ORN PGV+SONALLr Ar•PCAnf O Allen Jayne w�•� ►'4cKv 70 MC 10 bC TNC A11014NEv 161 FACT Of' F REMONT INDEMNITY CJ)LePA#4r. 164L COAvpr►A11014 70447 C AtC.%JTC0 T►.E N004IF1 INS111uMENT A. -Or. AI.1C, KI1 on+1 TO MC T1 Or THE PENSON w.lO C+tCUTC'Cr —L OIT►.IN 01+ Bt ,��, ,..� , � , OPr1CIAt. StAI • :, ..�-.•1 t; R�AfttlUFrt►tE S. 8011 Eft a.i v ' / . 11'jT!:' Y }•C, �: • CI:►OL�7TfA t"t'tr Y '� �� i rit?1r•Fs.l t�Fr1l : !►i L44 AW.f.IE! MIN TV "�L..�.c.•: ,;y ta,�a•1!:uan tip at;� rb, lS� .&Lr OF T G ► POAAT10N .TMEpCItA NAB+CO ANu ACKNOVIIADGCD TO MC T"Ll iut++ toga A ION r.11ctulto THC %A►At ,1-- ,. NOtAwr aun:•! :0. ANh 0C16 1NC STATE fi[� AilAapNli :OU►+lr p'' 46 Angplijate (Executed in dut:licat� ' O FREMONT INDEMNITY COMPANY INC FREMONT BUILDING LOS ANGCICS, CALIFOPN1A CALIFORNIA PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: PUBLIC WORKS (C.C.3241) BOND NO. B 213149That we FOUR SIMON, INC. as Principal hereinafter called the Principal, and FHCMONT INDEMNITY COMPANY a Californid corporation, duly authorizeu to transact a surety business in the State of California, as Surely, hereinafter called Surely, are held and firmly hound unto r CITY OF HUNT_T.NGTON BEACH , as Obligee, hereinafter called Obligee, in the sum of FORTY—SIX THOUSAND FIVE HUNDRED AND NO/100---------------------------- Dollars. 046,500.00) for the payment whereof the Principal ..nd Surety bind themselves, their heirs. executors, administrators, successors and assigns_ jointly and severally, by these presents. WHEREAS, the Principal and Obligee have entered into a certain :ontiact in writing, hereinalter called the contract, dated January 19, 1983 for: CC 550 — MODIFICATION OF TRAFFIC SIG14ALS AND CONTROLLERS AT THE INTERSECTION OF ADAH!S AVENUE AND BROOKHURST STREET, complete as per plans and specifications 1!rPP0Vrj ;, AS TO FORMn G:1L TIATITTOtt C.E. lit Barney. By: Assist --ant C ty At .7 a copy of which is or may be attached heretc.and which is hereby referred to. i O'N, THEREFORE. THE CONDITIO11 OF THIS 05LIGATIM' IS that if the Pnncleal or his subcontractor fails to pay any of the persons named in California Civil Cooe. Ft-ctlnn '1".1 r.nc tie diiectfy fr p+cycd ay the Principal or his subcontractor cr who furnish labor, materials, provisions, provender c. suppl,es directly t the Principal or his subcontractor or if the Principal or his subcontractor fail to pay an, oiints Cue under the Une„rt'.l(gment lnsuranceCooe with respect to work or labor perfoired by any such " Claimant ", then the Sorel; hrrecn-will ray for in an aggregate amount not exceeaing the sum herin speci- fied: otheirdse, this obligation shall be null and voin In c.,se suit is brought upon this buno the Surety v,ill pdy a reasonable attorney fee to be fixed by the court This bond shall inure to the benefit of the pe sons t+rrinahotie spfcifled only sc as to give a right of action to such persons or their or their assip,ns in any suit brought ao". this bind. Any notice to Surety ,hat' be -1 . • .: . _ ..t at 170 vvft t Fightn St•rPt California. SIG%E.r!, ';EALED r.tiC DOT;. t~•,s ._•_lst . _­ ___. say of February i983 FOE:t, IUr. Included in charge for Performance Bond. STATE OF CALIFORNIA cou.,T . Or — Loa Angeles TOUR SIMON, INC. WUM FHE LAITY COMPANY Allen Jayne ,..r, ISt: _ CA7, February 83 Mauer to S. Butler --- A NOTAgv tauPt-1c -►+ &ND row# T►4C COuf4T. A,+.: !TA•C A1'C"CSAr_- AU-11 1NZ I"L NCIN OJL• C^v•,t 'ANOF+IN r-EPIONALLY At-nEA Ar[. r.-- ��� Allen Jayne .•+CPS♦ TO ► E to DE . ,Ht •TTGANE.04.rAtrT or FREMONT 1NDEMNiTY 'CucAN9 T►.0 G004120i1AT10N THAT ErttcuTEr, 1"r vvii-1N 1 simusort4i Avg ALSO 01.NDn•v ft, Mt'. TG ttC T44C VCNiON &"C tALCOTED T►,L „r,1N1N C,a QL �r� s�tit•+war.ArgwTrAl�r.�� .+A r Ot j.. C OpC�dItA?tOM T►1EAEtN NAMErl ANO •C0kN0"LtnGr 1 TO 1.+f *-Al ;•.::�`•"^'�. :z�,+..�'.-!nj� • .;,'J t., rf'tr r I x i .�." • ►`._V[��Nz _•C•�.' .+�`s , at�r0.1., L.Iieuiry T•.t.7A;_• bfi f4c stu. � ,Ci3 y((�^e-I''•�]INQ0L„Nv rt,tL rc r...N @$fRGEfilTi S. RIMIER C;CIfr;• t.av"F CA t1r 0 R Nto c ava , ._......_...r... `•►�: � ' ��1 taxrsktAoa fib AM { FREWPNT INDE�MNI fY MPANY OFFICE - LOS ANGELES. CALIFD A 1'01;'ER OF A17011NEY ` KNOW A1.1. MEN 13Y TIICS•F i'TOF iS .A'TS: That, FREMONT INDEMNITY COMPANY, by WILLIAM JONES, JR. , its Vice 1'rrsidc11t, in Jinrsnance of authrrrity g(aranir:d by licwluliun ttf itc Iloird of 1)irrctom at a meeting rallcd and hcle? r,n the 1 itth daY or.Fehruary. 1972. which said Rr•!+ulution Iu5 not hcen amrirded or rct cindr.d and of whidt the. rulltiwing is a; true, full and contplcle copy: . "RFSOLVED: 'That lite President or any trier. -President Wray frun limr. to time. apJJruinl Atturnt r-in-Fact to rcprtticnl and act for and on behalf or flit Campanx, and vilhcr the Pre ith•ut ur any Vive�-Prc,idrnt, flit. Hi-arr1 umirrrinrF or Executive Committee may at any tirnc rcmuvc such A! Iurnry..in•Fara and revoke the Powrr of Attorney given him or her-. and be it further. "HF-SOLVED: Thal lhi`Allor;;t )y .-in-Fart Ina)• hi:ivrn roll puwrr lit exec ult: for and in thr nantr or and yin i►rhalf of lite Ciml,any any and all l,und.4-and nndr•rtrkings a• ttr huniurw. or the onnfrauy may rr.rluirc, and any rush wands or urdrr- takinp executed by ans. r,uclt Atturnr�y-iri-Fact xhall lire a-. t,indinb ulron the �; impany as if %igucei by the President and staler] and alleslyd by tltc seerclary... does hcrcb., nurninate, conslitute and aplwinf ALLEN JAYNE its true and lawful Attorncy•in•Facl,'to make, c'rculc, :,rat and deliver for and on it- behalf, as !�un:ly, and as its act and deed: ANY AND ALL BONDS f4lD UNDERTAKINGS IN WITNESS WHEREOF file said Vice PIr. Mcnt ltac hereunto !.0c crihed Iti.. narne and, aff ixed the corporate -Kcal or lltc said FRE14ONT INDEMNITY COMPANY, this 12th_ day or March A.U., 111 79 FREMONT INDEMNITY COMPANY B W STATEUFCA1.dFOrtNIA Vire President Mlliam Jo Jr. COUNTY OF LOS ANGELES � � -- ---- - On this 12th day id March A.D.. 1979. ltcfu+c tht subscriber, a Nntary Public or thi State of California, in and foe• tice County or Los Angell-, duly cummisMuncd and t ualifird, catt+c late above namrd Vice Prc.arni. ur FREMONT INDEMNITY COMPANY , to Inc Personally mown to lit the individual and officer dc.wribed in and who cxreuied the precriling instrument, and he acknoivled ged the executirn of the taint. and being by me duly sworn, deppooseth .end with, that lit ii lite said officer of the Corlruralion arnrr�id, -and that the seal affixed to the precrd;ng instrument is the Corporate Scat of lilt Said Corporation. and that flit said Corporate Seal and his signature as such officer were duly Affixed and suhKribcd to the said instnimtnt by the atrlitorily and dirrclion or tilt said Corporation. IN WITNESS WHEREOF. i have hereunto set icy hated and affixed Illy Official Stale at thr City of Los Angeles, flit day and year first above written: OF?7CIAL SEA'.. � �- NANCY L. OKAM010 - p.1:,'. • I.UtART 1-UOt1C-CA1110RN111 ,I ' (SEAL) _ v� to Ar+cttts cnunlT M•vCummis0aal:pitrsAvx. 13• Ias2 'o rr Pu I 1.tilt undrrsi rigid, -AS5 iStant Secrrlaryttt FREMONT INDEMNITY COMPANY , do hereby certify that lite original POWER OF ATTORNEY, of whirh the foregoing is a rttll,`truc and corrrct cope', is in full force and erfcet. IN WITNESS WHEREOF. I have l+crcunlo t.ubscrilicd my nantr as Assistant Secteury, and arf od the Corporate Sea) or the Corporation. this; Ir't day of February 19 83 7 J - A saistr,nr .itcrrinry Robert S. Stein PCS-62 V5 723 - - FRE10Q �� 1NDCMNI7"Y MPANY ©Mt: OFFICE — LOS ANGELES. CALIFO t IA POWER OF ATTORNEY - K N U W ALL hIFN it TIIE,. IIRFSENT:i: That; FRE.MONr INDEMNITY COMPANY, by WILLIAM JONES, JR. its V1 C@ rrrsitirnt, in l►tirsuance of aulirrrrily granted by Hc_%olution of its lluard of Wrcrtnm at a mcclirtg rallcd and held an the I Bth clay of Fetartt:3ty. 1972. whicli said lirsrrlulinn Its-, not been amrndrd ur rmscindrd and of which the folltiwing is a true, full and cornpfctc copy: . "H SOLVED: -liaat the President ur any Irict:•rrc- -drat may fr,m little to liinr: a .J tAnt Alluinriy�-in-Fact to rcprc-.cnt and act for and on behalf of the Gifripig. and either Ilir PriAtlenl or any Via•a-Presrdr•nt. the Iluarrl orDireelorx or Exrculivt Committee may at any time rcmt,vc mich Atturna:grin-Fact and reNciLr. (lit- Powrr of Atlr,rnry gtvcn Itim or her; and be it ; further . "1(F«`iULM): T1,a1 tilt hllurni:y� in•1'arl may be- givr:n full f►uwrt to cxr:rutr: rut and in lhr: nano: of and un hchalf of the Curnl,any any and all hand. and uiadurtal.itigs ar thr bu�inr_ti, of tile. Coinpany may trilmic, anti any such bonds or under- takings executed by any such AIIurru:y•iri•Fact Shall i.e a• (,finding irinrn llte Company as if -1ped try the President and ed and attc%lcd by il,c Sccictary.'" flocs hereby nominate., constitute and 21,point ALLEN JAYNE its true and lawful A(torncyin-Fact, lu make, cxcr•utc, :j:af aiid deliver fair anal on rt< behalf, as:;urrty, aittl as its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS " IN WITNESS WHE RF.UF the said Vice Presiticnt has hvrevolu suhv:41oed lii, Halve: and.affixt:4 the rorporate .,cal or tlic said FREMONT INDEMNl'I'Y COMPANY, this 12th� dad• of March A.D.. it) 79 FREMONT INDEMNITY COMPANY t Ilya..--P STATE OF CAd,dFOItN1A 1►i r e. f ,rs;aenr '�• 1 lam JU , Jr. COUNTY OF LOS ANGEI.t:S `S On this 1 2th day of March A.D.. 1979 . hcfarc the cuhscribet, a Notary Pulalic of th; State of California, in and ror the County of Los Angcb_,,, duly curntimmuncd anal yualirled, carve tilt above named Vice Presidenl, of FREMONT INDEMNITY COMPANY , to me j)cr A)rially {�rtown to lie the individual and officer dcseribrd in and who executed the lrrrcrding instruintnl, and die acknowledged tilt rxccution of tier saint .:nd being try me duly sworn, depwoth and eaith, that he is the said officer of the o,tivralion arorw�aid,'and that list rcal afri%rd to the IrrccrdinG inaartiment is the GoiForate Scal of the Said Corltoralion, and that the said Corporate Seal and his signature as such oi';iccr were duly affixed and 5uhscribed to the said instnrrnenl by tine authority and direction of llte acid Corporation. IN WITNESS WIIE REOF, i have hereunto kt inyhand and of jacd my Official Sral, at tlieCily of Los Angcles, the day and year first alonwr written' c�c�c�^�'�'G`c��cCtr�'��G ���ti�CG�'CGt • ./- i r GFV;C:IAL SEAL j NANCY L. OKAMOTO • •Ail, - 11UtAR1 rh1D11C - CAM ORN14 (SEAL) �f-�{:• (os Artcu(s ca111ll1r • `'e•;YjV~� Illy GanmissFaa T,tputs I,ut. 1J, l9fll 1;11lte undersigned, Assistant Srerrtaryrtf FREAIONT INI)F..h1N1TY COMPANY , do liereby ratify that the original POWER OF A171*011N£Y, or which the fnreguing is a full. trim and coin-cl tally, is in full farce and effect. iN WITNESS IVIIEHEOF. 1 hart hello t .,uhsrrihrd my riamr as Assistant Secretary, and Affixed the Corporate Seal of the Corporation, this. �S d:y of Fe))ruary 19 83 17 e. dssistnnr,5rcrrinrJ Robert S. Stein 011411ul ynu Copy +.rtra crit►t,crtr tu. AdakCERTIFICATE OF INSURANCE Approved as to Form. of Huntuwton U"ch TO is Gail Hutton, City Atturncy +y A y " 190 CITY OF HUNTINGTON REACH, CALIFORNIA HuotingtOwQ3*ch, CA 920AS By: Copy to Risk Wun*gw Aftw o prowl A MUNICIPAL CORPORATION This is to certify that tllw policies of insurance as described below have boon issued to thb insured by the undersig ad and are in forco at this time. It those policias era cancelled or changed in such a msnner that will effect this certificate, the insurance company agrees to give 10 days prior written notice, by mail, to City of Huntington Bosch P. 0. Box 711, Huntington Beach, California 92648. ALt ITEMS MUSY BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING DY THE CITY ATTORNEY. Name of Insured FOUR S IMON , INC. Addressof Insured 32§5 FLETCHER DRIVE, LOS ANGELES, CALIFORNIA 90065 Location of Work or Operations to the prrformed ADAMS AVENUE and BROOKHURST STREET Dest;ription of Work or Operations Modification of Traffic Signals and Controllers at the Intersection of Adams Avenue and Uroc POLICIES IN FORCE ) POLICY NO. . GENERAL LIABILITY COMPREMEMSIVE FORM } PREMISES • OPERATIONS EXPLOSION ANU COLLAIMC HAZARD UNDERGROUND HAZARD 18875799 PRODUCTS COMPLETED OPERATIONS HAZARD CONTRACTUAL INSURANCE BROAD FORM PROPERTY OAHAGE INDEPENDENT CONTRACTORS x PERSONAL INJURY cL N0N-OWNED AND HIRE AUTOS POLICY DATES Effective I Expiration 9/8/82 1 9/8/83 AUTOM0811.UIASILITY X4 COMPREHENSIVEr'OpM• 09-90-16-94 10/l/82 10/1/83 'OWNED 1 I HIRED I t NON -OWNED EXCESS LIABILITY XQ( I U14ORELt.A FORM U 18875799 1 1 OTHER THAN UMBRELLA FORM woRltERs' coMPENsaT1aN 80010186 and EMPLOYERS' LIABILITY 9/8/82 9/8/82 9/A/83 LIMITS OF LIABILIT In Thousands (000) s 500,000 CSL Each Occurarice 3.1. (Each Person ($250,00). .1.(Each',-icciden x "A"RX .D. $1009000) s19000,000 $2,000,000 NAME OF COMPANY ( INS.) TRANSAMERICA INS. CO. �$500,00fiRUCK INS EXCHAN TRANSAMERICA INS. CO.; TRANSAMERICA INS. CO. Additional Insured Endorsemont: he insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, csinmitteas, any other City Counr:il appointed body, and/or Or+ctive and appointive officers, servants or employees of the City of Huntington Beach, when actitr. as such are additional insureds hereunder, for the acU of the Insured, and such insurance shall be primary to any insurance of tha City of Huntington Beach, as their interact may appear. Date INSURANCE OMP� Transamerica Ins. Co. P.O. Box .. , Ca. 92626 Name Address City Ca..90010 RIZI D RVRESENTAtIVE OF INSURANCE COMPANY Address 183311WI � ���'AVc Blvd. City Los Angeles, Ca. 90006 Telephone ,(-21) 382—f331 HOLD HARMLESS AGREEMENT (to be executed by insured) The insured • corporation , #won to protect, defend, Indemnify, save, and hold harmless the City of Huntington Beach its officers, agents, and amplowt agsr!nst any liability, loss, damage, cost, or expense by reason of any and all liability, suits, claims, demands, judgmenu and raurr - : wetion caused by insured, his ersployses, agents or any subcontractor or by any third party arising out of or in consequence o� tit; ;,:•rformance of all or any operations or activity for which this certificate oii insurance is furnishod. (1) Sole Proprietorship 12) i .,.nwah4 (3I t:o atial 4 Dthe� (Stott) r_ By Insured: "• IAII nentes shell be printed or typed By Insured: ' Title bebw each egnetwe.)4;�x If Corporation. TWO Officers must sign, of present evidence of authorization to bind Corporation. 9 poi►) l •The Exchr:sge cJ&pony dusiynoted un the reverse side as number I.,c►t `y,p.yye) Excess over PriniWith Company designated on reverse side as loner Y MW FOUR SIMON.. INC. . 3265 FLETCHER DR . Ram;FOIICY OR CERTIFICATE NUMBER LOS ANGELES, CA 90065 ART 09 901694 ,ge"I froky Nuffaw PLAN 182 10 907 ui..,.., , • I? — 4 — R 14 UNTIL CANCELLED PART i CERTiFICATE OF INSURANCE APPLICABLE (] NOT A"LICABLE IMITIS) uNif r 1 UNIT r 2 Wr if 3 COVERAGES INDICATED BY AN "X" LIMITS Ot< LIABILITY EACH PtRSpr/ EACH tXCURYErrCf 1JCtUDEI5) 14CL i E(S) -NO (XCfSS X Bodily Injury Liability S 250 ,000' $ S ,000 Property Damage Liability $ 100 .000 .f excess ipphcable) Bodily injury B Property Damage Liability $ '000 Personal I +jury Protection (See Endorsement) Fire 6 Theft ACTUAL CASH VALUE nits Will `Net t. Comprehensive (Including Fire & Theft) ACV -Less Deduct. $ $ Collision or Upset ACV•tess Deduct. $ $ $ Ca- o (ACM WHICIf $ .ow EACH OCCUNRLWA I $ ,000 00scription x 1 73 DODGE YR1tW0{ R R ! YA'JR0C LE 014 IDENTIFICATION NUMBER of 82 67 CHEV. UTILITY TRUCK 165 WT5 DIGITS Equipment : 3 68 CHEV . UTILITY TRUCK 809 5HOWN UMBRULA LIABILITY irk.• rruM.eto EJ S This certificate or vonfa-!tion of insurance is not on insurance policy and does not amend, extend or oller the coverage afforded by the policiet listed herein, notwithstanding any requirement, term at condition of any contract or other document with respect so which this certificate or verification of insurance may be issued or may pertain; file insurance afforded by the policies described herein is subject to oil the terms, exclusions and conditions of such policies. PART 11 AL INSURED ENDO APPLICABLE I i NOT AePLICABLE it is agreed that such insurance os is afforded by file following coverogos indicated by an "X", with respect to lire above described equipment also opplim to the person or orgunization named below as an additional insured but only while the named insured Is the owner, or has tho care, custody or control, thereof and only in respect to liability of the additional insured arrsinil out of the acts and omissions of the named insured. This extension of m coveroge does nor apply to the liability of the person or orgozcanon named below as on additional insured arising either wholly or partly out of 1) his or its own iieigligence, or that of its cgen►s or employees (except where thu named insured is an agent or employee of the additional insured), or (2) any defect of material, design r oAmonship in any equipment of which he at it is the owner, lessor, manufacturer mortgageebeneficiary. ma er+o , o w or Bodily injury and Property Damogo Liability Personal injury Protection (See Endorsement) Fire and theft Comprehensive (lnclu ing it(e and Theft) Collision or Upset Cargo uNc I JNi1 2 I UrAT� X X X It is further agreed that if any court shall interpret the language of this policy or this endorsement contrary to its intent to restrict the coverage to lia• bitity of the additional insured arising only out of the acts and omissions of Ilia named insured, then the limit of liability under such interpretation shall be the limits of bodily injury liability and property damage liability specified by any motor vuhlcle financial responsibility low of the state, pro• vin;t► n Irrritor) in v►h0i the named inured resides as applicable to the equipment described herein. If there is no such applicable motor vehicle 1.iwsn;.a1 ies4xns.b•lity 'ay.. the limit of the Company's lab+ its hereunder shall be $5,000 on account of hodily injury sustained by one person in any on# e+cunritce omi e..blerl to this provtston tespetting rNct,.. person, S10,000 an account of bodily injury sustain by Iwo or more parsons in any one occvi'wnce The to►.i liability of the Company for oil damages because of ail properly domage sustained by one at more persons M orgonizanons 03 the result of ony uno occurrence stall not exceed $5,000. this endorsement shall not operate to Incites* the limits of the Company's liability under the policy. The insuionce afforded by the policy described herein is subject to all of lire terms, conditions and exclusion: !herein and the endorsements thereto. (ALL STATES EXCEPTfNA) It Is hereby agreed that It the Company cancels of terminates this policy or policies, the Company trill provide THIRTY days notice In writing to rho other Interest shown below. (30) OKLAHOMA CERTIFICATE • In the &went of any material CITY OF HUNT I NGTON BEACH chars• in or wncellatfan of sold policies, the Company 2000 MAIN STREET will make ovary *Hart to notify the party to whom this certlfi+tMe is I08v*4 of Such chongo or cancellation, but the HUNTING TON BEACH., CA 92648 Company ssndertakes no respnslblllty by mason of one failure to to 40, i Counletsigned AvH.t+rr•af Y�pr•tahun.. Nofit♦ of concrrllahAr. of the primary crrf*toge ovicimaricully lermino►es tacess covatv.4ts. A breakdown of the primary limits aitd he excess limits w-11 be ptovr kd urron domantl. SAW0,14Ar•t E r _v.+rs►+(r ItAi I St Ilow 1" ivious• (►,► (OVER) PAGE 2 OF 2 CERTIFICATE OF INSURANCE ET- 36 6111 EDI11011 The Exchon9e or Company designated art the reverse side of nulls r 2 ,,, ,,.■i�ar� Excess over Primary with Company designated on reverse tide as lettar�,•w„-,_, . L� .ad EXCESS ti'GILICY OR CERTIFICATE NUMBER AR,r o9 901694 • A rif P+Uiy •Iv,nbr PLAN 182 106907 Effective: 2■-4--83 UNT I'L � CANCELLED r+� w � wr ■ t+r nyx rlr �Yr lit, ■�■�■ ■w � �■i-� v� - rMitt t LFRIIrit6M16 %Jr IrV+IVRM[Vt.0 niAPPLILABLE L.J NOT APPLICABLE LIMITS) UNit tr 4 UNiT y UNIT I COVERAGES INDICATED BY AN "X" tl#JTS OF LIA11UTy ►ACH P(AStX. (ACN OCCURR(fK[ INCLUDE(S) BOTH PRIMARY ANO EXCESS (if excess X Bodily Injury Liability $ 250 000 $ NUO mac. , Property Damage liability $ 10 0 'o applicable) Bodily Injury & Property Damage Liability $ low Personal Injury Protection (Sea Endorsement) Fire g Thefl ACTUAL CASH VALUE All itt,its UNi► . UNIT • Viol Comprehensive f Including Fite & Thch) ACV -less Deduct. $ $ y Collision or Upset ACV -Less Deduct. $ $ $ Cc o EACH V(H.ClE ,W0 1 (ACH OCCURRUKt $ OOQ t i P 4 6 3 FORD YEAR CAR� I� T T KUG FC E 009 IDENTIFICATION NUMBER Description f of lASll Equipment It DIGIif SH�NN RETAINED LIMIT EACH C '' i4RENCE AGGREGAiE UMBRELLA 11ABIJITY lVV 0y0tr•1 $ $ PC>\t�r t+uNBIR this candidate or verification of insurance is not an insuronce policy and does not amend, extend or after the coverage afforded by Iho policies listed heitiv, notwlthsrandtng any requirement. term or condition of any contract or other document with respect to which skits certificate or verification of insurance may ' be issued or may partoin• ilia monde afforded by the policies described h-tern is subject to all the terms, exclusions andcondilions of such policies. PART 11 ADDITIONAL INSURED ENDORSEMENT APPLICABLE 0 NOT APPLICABLE It is agreed that such insurance at is afforded by the foiiowing coverages indicated by an "X", with respect to ilia o cve descri a equipment o'so applies so the person of orgnnit+alion non,ed below as an udditional insured but only while the named insured is the owner, or has the care, cut'* or t : ritrul, thereof and only in respect to liability of Cite odditionol insured arising out of the acts and omissions of the named insured. This exlention of coverage does not apply to the liability of the person or orgonuatton nonied below as an additional insured arising either wholly or partly out of �ljhis or its own negligence, or that of its agents or employees (except where the named insured is an agent or employee of the additional insured), or ; )any defect of material, desinn or K'orknianihm in any rir-am nnnt rA -1,irh I -no a - is- ice.... ..._ ..l_.....__ �_.._______ __ t____■ utA !' • UNIT • I UNIT 1 Bodily Injury and Property Damage liability Personal Injury Protection (See Endorsement) y Fire and Theft CalmlN a.l•�.. ,rl.� /1nrl.r. .+.� t/.�l,l Collision or Upset Cargo It is further agreed that it any court shall interpret the language of this policy nr mis endorsement cannot► io in intent to res:nci ire corefoge t: t!a• Wily of the addit anal insured arising only out of the acts and omissions of the nomud insured, then the limit of hobilitV under such inle,pttmton shall be the limits of bodily Injury liability and property domago liability specified by any motor vehi-le financial responsibility low of the stotl, pro• wince of territory in which the named insured resides as applicable to the equipment described herein if there is no such applicable motor &e fle financial responsibility low, the limit of the Company's !.ability hereunder shall be $5,000 on account of bodily in ury sustained by one person in any one uccuitence and subject to this provision respecting each person, $IO.ODO on account of bodily injury sustoinO by two or more persons in ar( ono otcvTrence This tome liability of the Company for all damages because of all property damage sustained by one or more persons or organitof'trs as the result of any one occurrence shall not exceed S.15•.000 This endorsement shall not operate Ic, Increase she limits of the Company's liability under ilia policy. _ The insurance affarded by the policy doscubed herein is subject to all of the terms, conditions and exclusions therein and the erndursemenls illelelo (Alt STATES EXCSr �QJi j It is hereby agreed that if the Camny cancels or terminates this policy or Policies, the Company will provide t� Q� M days notice in writing to the other Interest shown below. ""�"Z'3 off' , I CITY OF HUNTINGTON 2000 MAIN STREET HUNTINGTOH BEACH, BEACH CA 92648 Nulittr of cur•/cfiliation of the prirrwsy Cowtiroge autoavotirully ie(minates osress coveroge be praysdod wpgfl dhmprxl r� -_ _ -_ ___ .,?._;� !!+l�/.■rl.UH.A■i�x /Y`1 iC)vffll OKLAHOMA CERTIFICATE - In the •vent of any Willies charge In or concellallon of cold Policies, the Corrpny "III make every effort to nolify the party to whoalhls certificate Is Issued of such change or cancellation, Id the Company undertakes no responsibility by raoton 0 soy failure so to its. / �-- A•t>.W.It!t �tt.Nttin4.t A bioakdown of the ptimnry limits and 1!ie excess hmti will • R ,._. ;hirAYNE INSURANCE, INC. WEST OLYMPIC BLVD. jis ANGELES, CALIFORNIA 90006 TEL. (213) 382-6331 NAMI ANU Al;UNt SS LM tNSUNto FOUR SIMON, INC. 3265 FLETCHER DRIVE LOS ANGELES, CALIFORNIA 90065 This 15 to cert.ry trial ;,cl+t:ms of insurance listed below have beam of any contract or other document with respect to which this cl terms, eRdustnns and conditions of such Pohcles. LOMI'l.t,, I , I,, of ,h>UNAhI► 1'( —�~ ~-GENERAL~UA8IUTY , •.,M1'htilk h51.[ IUI{Y I I+; A11�15 aPl HAf 1UN� (WtOs.oft thU LULLAPyt A trAlAfn, uNLtPt'AOuhi) NALANU t�71 ' x'1,1sL00K1.1(0 a car UV'(N AI 1Uh> nAlARU i t,hrH .� TUAt INSURANCE H,nIAU ItimM PNOPERIY LIAMAGt ® Ifvl'(PEhLVO CONTRA-301r5 P(HS,1NA1 IN JURI NON-O.1 NET) and -XX -1 AUTOMOBILE LIABILITY Jji .. A lit 1, ((��. l(_J ilk I, l.J r.JNGthfit t, EXCESS LIJ481LITY C [ t+Ml1HlltA i\1t+M l J ,,trlflttl,Sht+H(Jr'1llA r u,lAf _ WORKERS' COMPENSATION D and EMPLOYERS' LIABILITY 7QMOX THE PUBLIC(AGENCIES AS DETE COMPANIES AFFORDING COVERAGES tM li MRY A TRANSAMERICA INS. CO. fTTEN ANY B TRUCK INSURANCE EXCHANGE l[ TTE COMPA Y IITTLR C TRANSAMERI CA INS. CO. Ctl TiOMPl,tANY DTRANSA14ERICA INS. CO. =oj E 716 fired named i re in force at thm time. Notwithstanding any rte'qulrement. term or condition issued or may a insurance afforded by the policies described herein Is subject to all the JIL !XI, rt-►J )!, t,nll Q1' FIct 19 hT'Iw7 A� ' : }tn J 4 '4 • RED AUTOS ttorney 09-90-16-94 10/1/83 U 1 B875799 9/B/83 9/8/E3 ITY OF HUNTINGTON BEACH, I S OFFICERS, INED BY THE CITY ARE NAMED ADDITIONAL Utti:'IIIPT'0N OF ONPAT IONS:LOCAlIoNs"AtiIctts Limits of Llabil ty in ThousanlTs (UUU) tAt:tt ?'.::{tlGAlt (X'Ct)11N1 Nt.l tiUUrt r IN/1lRr 3 S PRUPtRit t,AMA(;t L101111.1' INJURY AND PROPERLY DAMAGE S 500, S 500, COMUINEU I'l IfWNAt +hJUl1+ i INCL. RUUILY INJURY 0 4(A,'lIPI11501,1I BODILY INJURY i 500 , (EACH ACCIDENT) PRUPERIY 01-MAG( I TOO, UJIHI Y INJURY AND 11WPERIY(IAMAGE 1 T UUDItY INJURY AND PROPCHIY UAMAG( i 190009 t T I ,000, t'OMilIN[U y1AtUIUIIY 1 "c,000, .IA..tN(fidhTl AGENTS AND EMPLOYEES AND ALL NSUREDS BUT ONLY AS RESPECTS uvru rur Cn1 i nuTt1/'_ in0. MODIFICATION OF. TRAFFIC, SIGNALS AND CONTROLLERS AT THE INTERSECTION OF ADAMS AVENUE AND BROOKHURST STREET Con a�_Pric�.9,000.......- Cancellation: Should any of the abwe descr(b1_'J J)DIK.JeS be cancelled belore ttm. expiration ciate t1)tiecit, the I%- 'np, com- 1)a07 will +Altl614"XKAfnJ'I .._ -30. (Jays written notice to the below narticd cerldicate hulder.xiW..?(►14Yr »4 xix�a�txrc4dxa , kip'xks���axx�N►�t�x�t�4xk�xkMK�t�axxtcx�x���Nl�s�xst�x�xxx SUBROGA)iON RIGHTS AGAINST THE CITY OF HUNTINGTON BEACH ARE HEREBY WAIVED. ^.ANT Ail) ►L'DIr455 w C(R1 t( K:AT t HOI Dt N FEBRUARY 1, 1983 CITY OF NUNTINGTON BEACH DATt IssuEc'.__,..n. 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 •-_.. �L��11 �A�rf\i.. ill �Ul."�Ai S.'I\U ..___..-.. 14AMf AND ADDRESS OF AGEN;:� ALLEN 3AYNE INSURANCE, INC. 1833 WEST OLYMPIC BLVD. LOS ANGELES, CALIFORNIA 90006 TEL. (213) 382-6331 NAME: AND Cf IN'-•UHt. ' FOUR *SI140N, INC. 3265 FLETCHER DRIVE LOS ANGELES, CALIFOR4IA 90065 COMPANIES A FORWNG COVERAGES Cf1Z r IT(R tf tiA TRANSAHERICA INS. CO. B TRUCK INSURA ICE EXCHANGE tfltEl+ T0't(i'" tI, "° C TRAN.SAS4ERICA INS. CO. ,I QTRANSAMERICA INS. CO. TTE I. Tf,r,, E If ThiS iS to certify that pokws of Insurance listwi txiow haw Lwe:. to the insurr.d named above end are in iarcr at tn,s tank- imy requirement, term or condition of any Contract or other document with respect to which th;S cerUtwatr rra'r t,r issued of may pertain, tr:.• visurance eMordM: by t!+e pWicir_s o"rrib-j harem is subtimt to all the tams, Rx.,'uScons and conditiorIS of such p01•Lif'S t rPt t•, VI°.: il: trl• ! 1 i•.,. OE .EttE%' �' •i � t,:.{.A.. � r•tl RE 11{frS S ArrrIEGATC _ LIRi is a a t t�v {- an GENERAL LIABILITY j I I1:t%.1 fj LA {•u; r; I• t• ,.•r! ac* i,ul., � � ru• ; } r: r, r•Ar,.er�f f S S A C ,tA,;,t>:, 1687579 - ---- 9/81B3 {}r.l t' 'r5 (�tlr,lE', Fit 1. (J_.. A! �rt'l elf,: Af7!1 •!} 1•c.; r"�!; Ile AyL '(''. T:�G,'; 1',1: •ht Un �.�;i / � + � � r u. �,:•a f:i. (>Li�.t C.f i S i f•^•-�mayyPAM a00, 5p0, i.A (: NC•Ar, t;, •:�I { �:')Nf E:' (v -1 _ �uEp�i(.ti,l .,1tlN - ! �1^•r«t �� r-- 1 I!v:,.'tr. t't',u; S x N ,llr UED..and_ r IRED -AUTOS..- AUTOMOBILE LIABILITY % ` (' "� s 2509 [I 09-90-i6-94 =Z;. ) Rr`r �;��03 ,, 1 s SOp, , EXCESS LIABILITY C ,:>rE,.: U 18875799 I, 9/8/83 � a ,w�, 4 11 E'.1. ::',I t It. I ! i:i, ,;6',1 :t.t ' ,Ol10, 11,0000 WORKER5' Cgh1PENSAT1Oil � rn;,�;, s,, U and 80010186 9/8/33 EMPLOYERS' LIABILITY E 2s000, VWX THE CITY OF HUNTINGTON BEACH, ITS OFFICERS, JAGENTSAND EMPLOYEES AND ALL PUBLI AGENCIES AS DETE 1INED BY THE CITY ARE NA14ED ADDITIONAL 114SUREDS pUT ONLY AS RESPECTS nnr"A rnirc nrnrhntllrn rnri *nfr1J rw 'Mr ifAfJrn Tiwijnrr► 1-1 rMILlrrYlnt;1 1-I+r'Y111 'PuC Celt i (lt.ITur%- inn. UFSCNIr'l111 (^.( 0;1FPAT 10W,t(.('',trtK'1E:, MODIFICATION OF TRAFFIC SIGNALS AND CONTROLLERS AT THE INTERSECTION OF ADM1S AVENUE AND BROO1011URST STREET .__________._.._--_----_ ._ __..._..._.Gontr�ct...Price..-�3,000. .. -- -._ --.... _....._._.____._____..-----_•.__.._._..___-_.._.__.__. Cancellation: Shnt:lta any of tite at-iove aft}S :v ed (iOlEfac'S r.i' ;.0%:01ed b"lore the expiration (i:ft" mer"Of• tttN (}!Iuir j com pally will (x-x)tx;M%xxTlali ----30 klay, vir;tten notice to th(! below n med cef titit.ate hold,r. k)gXXXM%jX �f k�'•ic�ci�'ESc"ltX�t�c�r�'t'fr�E3E�kii�'I�i10c�c'Y�4'�>:;�3�S�i�i����t3f �Ei�cx SUBROGAVON RIGHTS AGAINST THE CITY OF 1111'I'MNGTON BEACH ARE HERE13T WAIVED. 'IA4j irl,' At 1:•rFE' :.( ,:f (ir rt:"A!f 41•'t i'f F+ F 'RUA7\Y 1 1 ■ J�3 l CITY OF NUt>ITI11`�aTOti BEACH tiAtE r;.., t1EE>. __.._...._.__..._._ ....._. _._....._ ....._........._..___. 2000 FAIN STREL7 HUNTING10.4 BEACH, CALIFORNIA 92648 ' _L� . , 1.z 0C... ",[�. ALLE-11 JAYtli 1_�..�._. _ . - •.._ r '1 tNAAC :11 "IHC. stop Notice c;NOTICE TO The City of Huntington Bead' T c1Y t,. 2000 I►itLi.ns Huntington Be,A `264&. AdJrrrl (. ublic Body of Lendet) (If l uhlic Job —file with office of contrnllet, avdltnr, or other public ditbursina effictr whose duty it is to,make psymtnts under provisions of the contract.) (If Private lob — file wide responsible officer or person at offict or branch of eont(tvetlan lender administesint the construction funds.) Mine Contractor, _ Fbur Sixmn , 3265 Reteher Dr., ins nrles� CA 90W5 Sub Contnclot (if Any) t7wmer of i'ublic Body: Citv of HUntin On Improvement known as Trarlic Signai Intersection ol BM5M1M%t1 few ow end address Of pnVeLf or ►e7ri o/ fmp►ovemt:u/ Ad irm in the City of ati n , County of UFOgg Scats Pf California. m� n-I le Prml 1 s Divisjoli —di:nunt,a Cb1mol•ation (t'.anwnt/ (Corpamdon t errnertl ISalt Prvpvitlrrblipl furnished certain labor, service, equipment or mattrWi used In the above described work of improvtment. The name of the person or com ny by whom claimant wu employed or to whom claimant furnished labor, ter►iee, equipment or materials is dit'Sirmn TZw ajSr+bev..n firs fbntncra a BwQdn/ The nild f to'b . l rvice, eq rt�ent or trtsll ifs ly �tts! µ or streed to .T 4i� $ �c a rrr was Total value of labor, tervict, equipment or materWs speed to be furnished .......... S12 064.92 Total value of labor, service, equipment or materials actually furnished is ........... Credit for materials re►umed, If any ............... ... S Amount paid an account. It sny ... . , ................. S Amount due after deductint all just credits and offsets .. .. .. .... $ YOU ARE HEREBY NOTIFIED to wiftc44lsuf(] epat•rpftrties held by you on the above dcscnbed project to satf;fy claimant': demsnJ in the amount of S 11 •c. a VVtOSas provided in Sections 3156 mm 3214 of the Civil Code, and in add;tion thereto sums sufficient to corer interest, court costs and temnable cons of utignon, as provided by law. i5 n t A bond Q — attached. (Bond required on private jobs — not on pubUe jobs.) fig/.1 roll Date Novetrber 22, 1983 Name of f]ainunt r�tremn-Pole Products Division (Fa ill Ntn1d; G. F. Gra BY.sst.`'�r.S:=j;qner (VIC611c p,edw vertnestson for rutnalhlp at S-Ae Owne skip STA'1 E OF CALIFORNIA COUNTY OF I SS. fMI-ewnt or Relvewntartsvl being rust dtdy ..rota deposes and ure th+t.. _bc is _..,.,.... 10.•se►, perintt a Agtntl or (Pen Ntnul rar d as etairunt In the tattgairc dales; IML._rw has cud uld ttaim aril knnrt the tantcura thereof, ane that the fans thertin stated set irve. x (S�t.wnnr of A(/intl) Ssbsctibed aril rmts Iv btlore me this cis y of _,.__... .1 (Saari✓r aJ.votsry /LDl,ej Watt Sran,p f}r 61W of ebovt notice tttavtd Ihit...._. Au )CA MAU a 101I V } 141 H vsefnntl ft rot Capantion STATE OF CALWOR)'IA COUNTY PF Ventura tS. F(L1tGnrn Repnxnrsrrvf/ I (; btia; first dutylw*amro deposes sa ata IJrt MIS Secr WPM Gtpseiryl of Awron,, Inc. (£.acf CWv-1teN0mv1 the aRrnsttoa that extewlM The foragoiot etafm; that—ta mttd Ihb r iticallan an behalf of am cmematbe;tlut.—As sus read said ttaiat and tw.s t6a oottteltta t1 lei, utd that irk (tots thettin allted �y X Sabac*rbld a_ rpeeen ho belotlJne Ihtit toy ,poles Nmvc-pC iTICtAL SCAL Ati` ' '-\ CATHERINE M. SMITH Y=4 t(t1JARY PUlllu: CA11F0R4)A VVITURA COUNTY y.� J kti Commist a,� j�t.f !der 19 1985 { P.O. k'I)X 654 1020 'Ei' Sit E FilWORE, CG?UFC?RN!A 93015 • 1805) 524.02.3 IVISIO>!v ` LIGHTING AND TRAFFIC STANDARDS INVOICE NO. 64023 INVOICE DATE 1-12-83 Fe-SCE" !Ir r I SALES OFFICES- PLANTS_. TO 3 PIZTCMR OMAND, CALIF 02 OAKLAND, CALIF. IM 90M BURBAM, CALIF. 03 FILLMORE, CALIF. SON DIM, CALIF SEAME, WASH. 1i ate. .�- ,_ R y, ss�emto: •.�_....�,,.... .,.w...:.:. •;r.�r ^+.�-.,:� �'rDnQa• *+*s� wu:.-.4i �n -- a[�.cs»low ..: -. a ,. �.• - » . _ • . ; : w�rr �a+c�' -� -~ � a=xtaEtlsar+^ IS ! 16 Eat. PJi1ya'I m BANG �I 3/4 x 18 x d arm bolts 1-3/4 x 60 x 6 bolts 3.25 44.50 S2.00 712.00 su© r0ru 7R swcg-r^x�5. 84 F"Ew.J- PAY THIS AMOUNT $'64 PROOF OF SHIPMENT ATTACHED TERMS: NET 30 DAYS PLEASE PAY FROM THIS INVOICE PLEASE READ OTHER SIDE SALES ORDER SERVICE CHARGE AT 1 % OF MONTHLY UNPAID BALANCE WELL BE ADDED TO ALL OVERDUE ACCOUNTS. ©.• • = j vu DIVISION r. : LIGHTING AND TRAFFIC STANDARIS r :s tnCJR s1w" SffimcwC 320 P XrCHM tlt,;LVt �O rfs mammEs, C A 99465 CIA 700AE►tS P 0 WV46EH 27 6V�Mt�t;' rx bGM�'i�CYM• 4 2 1 i (:nz bid torn El' 4i1%!f t-X)Pf. CAMOVNIA 9XII5 ;1051 574.0-.123 f; ir1VO1Cf No, 64558 INVOICE DATE 7-6--83 SALES OFFICES OAVIA40. (All[ f:tlkf+ANI . ( At f! 5411 Dtf GC), CA; 1! cc To T pwTCS+.r+�Et� MON �b P'it.AL nrLrm sts 1A,r 10' 26k--Aw-70 v/15• & 40t , GaIv. ZA-4 70 w/15' & 450 GC-3v. 2b-i-70 v/15' � 45' Gaiv. 131.50 2474.00 2609.00 2535.00 PLANTS (li fjAr.tA11D. {Alit 03 11HIAGUE. CAlli .AX r, Tr+iSr." 526.00 4948.00 2609.00 2535.00 u;1� sv�•.: — . _- _ . _ - --- - - --- .-.ce_•, *�;—___...__ ..__.� :.� r.+r -----. -___ _... -----i PAY THIS 10, 618. 00 R 67 . 3_ i _ ; AMOUNT =00 11,255.06 � r^P(;Gf [�� 5HIF'r.1ErJT ATTAoiED PLEASE READ OTHER SIDE SERVICE CHARGE AT I•: OF MONT►ItY luER 1S, NET 30 DAYS UNPAID BALAt-JCE WILL at ADDED TO PLEASE PAY FROM THIS INVOICE SALES ORDER A!t OVERDUE ACCOUNTS ON AC ., •�` -'�:,���,:�` �• .. ��YY of ���T�No�oN ��a�� INTER -DEPARTMENT COMMUNICATION :���; .3`• ' 'r NUNTUvGTON t[At� .. ar •,. ,, Accounting 'Officer i From City Attorney '4=kc,4 24 October 1983 Subject' ,,Re1ease-`of 'Stop Notice, b�► Hate Econol.-te Against Four Simon, Inc. Public -Works Contract otT--550 Wejhave. _.reviewed.:the the, !'Full. and Unconditional Release" ,by ' Econolit;.e .. It, is,'�not"" ufficient i ; The problems are: 1. It - does not waive the labor claims referenced in the Notice to Withhold. .-The release must be coextensive with the notice. 2. It incorrectly references the job as "CC-55 ." ' 3. There is no corporate acknowledgement or corporate seal. 4. There should be specific language that releases the notice, dated :-August 22, 1983, and filed with the city on August 29, 1983. As a matter of interest, the clerk's file does not contain a 20-day notice. (Government Code §3183.) /ERT — RO C ANGSTER Deputy City Attorney RCS : ahb ' r •'�?.�h Y'.�1, ,!•t t'jt �. Fi i�•ir :� �4��.f �. ... ' ' , r •' . ►:.". -I,— TH CONTROL PRODUCTS, INC. Solving Tomo.Tow's Traffic Problem-.. Today FULL AND UNCONDITIONAL REIEASE September 29,1983 TO: CITY OF HUNTINGTON BEACH -_ -- - - - Please accept this letter as our waiver and release of all lien rights that we may have for all traffic and/or street lighting materials furnished by us too: FOUR SIMON for-Iusb.on the.,job.know rf-db CC-55 - ADAW & EROC1KHUR5T Tbis release covers our billing through: _t -t tit . YJ .:� September 1j1983 - S .0 . 1527-02. ECONOLITE CONTROL PRODUCTS, Inc. N.K. Dolbyp Senior Vice dent OFFICIAL SEAL RICHARD CAZIS a NOYAt7r PUBLIC - CALIfORNIA `k a ORAING% POUNTY cc; Four Simon 101 cs etpirex 118 12, I9A4 plvzdI , 3360 E. LA PALMA • P.O. 8 1X 615-0 • ANAKIM, CAUrDANIA 92806 (734) 630-3700 a�rrrr NOTICE .us (Public Body or Lrncbrr) ('F�rfFElAr A?EpU TO WITHHOLD Erb AND VERiFID STATEMENT OF CLAIM OF Econolite Control r'x'oductes Ince 3360 8. La Palm►, Anaheimm CA 92UU6 .+ AGAINST Prime Contractor: Four Simon,1 Inc. Subconbactor (if any) `" Owner or Public Body: City of Huntington Beach Improvement known ale Citlr of Huntington Boaeh r in the City of HIM"ItM h0ach County of State of California. "ca Eccraolite Control Products# Inc*orp c • oration , laimant," (Corporation►/Partnership/Sole i'ropMomhfp) furnished certain labor and/or materials used in that certain work of improvement situated in the City of Huntlactm Beach , County of Orange -. State of California, known as: (tame and sa i �, a orb p� tetX — -c tv of Hant3nz#n Beach} CC 6 FAAF W-3.t[Y��'tvu� 0 A ams grngkh=t Ste That the said�� ant vid and delivered to: Four n# lua a (Subcontract or/Contractor/Oumer-Builder) ereciing or constructing said work of improvement or a portion thereof; the aforesaid Jabot and/or materials being, to wit. (describe materW atid labor in detu ) Con rol and/or Street l)ghting Xquipmen. Total value of material/labor agreed to be furnished .............. 1 # ? 67 Total value of material/labor actually furnished is.................._........................................... $_1847667 Credit for materials returned, :c any ........... _.............................................. .................. ......... .i NNONE Amount paid on account, if any ...... ............ .................................................................. ;_ NONE Amount due after all just credits and offsets.............................._.............._.........._............... S 3Bs574,67 AND YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the abovo described project to satisfy claimant's demand in the amount of $18 sk574.67 as provided in Sections 318hand 31$!; C.C.P., and in addition thereto sums sufficient to cover interest, court casts and reason- able costs of litigation, as provided by law. A bondis not attached. (No bond required on public jobs) (is/is not) Date Augl= 22j l983 Name of Claimant: S.O. #1289-01 Econolite Control Froductss Inc. CC Allen Jayne - Bond #B213lh9 (Firm ) Four Simon BY` Sales Office Sr. Vice President & Genepd manager (Official Capacity) �'rriftratiw, for Partnership or Verification for Corporation ,� Sulr OWnrrship STATE. OF CALIFORNIA A'TE OF CALIFORNIA COUNTY OF SS. COUNTY OF )S5. )) Orange i'Irrirnrrnr nr Rry,rcrrntrstiu "ii �' (mists and sa}:rthat —he K_.. of _ _ (FI named u clsin►aVinsta has read said clai that the facts the �orc�' ling claim; that _ Ns the contents thereof, are true. - ( Signature of A f f Pant) Subscri and sworn to before ma thi• day 1.._ Notary Stamp MY Commissiats F41ires (C.birnant or Mprerrntutive)) bring first dilly sworn deposes and says thst ._..Its is - ,Sr, Victi President & General Manager (Official Capacity) of hconol ite Control Products# Inc e (Exact Corporate Name) the arrporation that executed the forapping claim; that __.he makes this verification can behalf of raid extrpgra- tion; that --he has read said claim and knows the ooa. tents thereof, and that the facts therein Mated are true. (Sigrwturs of Af f Subscribed dt sworn to be! c thL. 22nd ___w_$` day of Mul �� ._..,.—� ,4 , 19 OFFICIAL SE L .4.: RICHAPID CAMS Notary 1`:1 NOTARY PUBLIC - CALIFORNIA 4 stamp OFIMOE CoUrify 4 '-' fly corom. aspires fFe 12. 1984 My Cammissioa Espires Z Original of above notice received this day o f NMOCA (roam 84 SUMMONS S (CITACIONJUDICIAL)46 ON FIP.ST AMENDSD COMPL ;--- • - NOTICE TO DEFENDANT: (Aviso a Acusado) FOUR SIMON INCORPORATED, a corporation; CITY OF HUNTINGTON BEACH, a public body; FREM014T INDEMNITY COMPANY, a corporation; and JOHN DOES ONE TO TEN, Inclusive YOU ARE BEING SUED BY PLAINTIFF: (A Ud. le estd demandando) AMERON, INC., POLE PRODUCTS DIVISION, a Cali- fornia corporation You have 30 CALENDAR DAYS after this sum- mons is served on you to file a typewritten re- sponse at this co--irt. A letter or phone call will not protect you: your typewritten response must be in proper legal form if you want the eoun to hear your case. If you do not file your response on time, you may lose the case. and your wages. money and pro- perty may bo taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney. you may call an attorney refer- ral service or a legal aid office (listed in the phone bookl. fog Co4wr CISf O)VI rtolo r. " C/IO Of fA CQl rt/ CITY OF NUNTING►ON SEAM OFFICE OF TrE CITY CLERK .... _MEMORANDUM....OF..SERVICE .. ................... ................: SERVED ON. 0`, �' { '..........1W ............. .E?Y f.-.... ER f PAgCI d SEnv Despuis de que le enttuen esta citation judicial uste tiene un plaza de 30 dl S,.r.,n.I ENDAB1C1��iaza QrC nta una respuesta escrita a maquina en esta torte. Una carta o una llamada telefdnica no le ofrecerJ protection; su respuesta escrita a m.iquina tiene que cumplir con las formalidades legales apropiadas si usted quiere que la code escuche su casa Si usted no presenta su respuesta a tiempo, puede perder el casa y le pueden quilar su salaria su din era y otras cocas de su propiedad sir. aviso adicional par pane de la torte, bisten otros requisitos legales. Puede que ustnd: quiera 11.urtar a un abagado inmedialarnente. St no conoce a un abogado, puede 11amar a un servicio,tle refet'r»ncia de .rbog.tdus o a una oficina de ayuda legallvea el,�ijOctorio rele•rrin�eo�. -` The name and address of the court is: (El nombre y direction de la torte es) ORANGE COUNTY MUNICIPAL COURT WEST ORX4GE COUNTY JUDICIAL DISTRICT 8341 -- 13th Street. Westminster, California 92683 CASE NUMBER 0ou'"r/p del CitoI 102565' -- e .v The namt. address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (El nombre la d4cceion v el n6me►o pie t��lrionn del aborado (101 dt•mandante. v del demindante quero tiene abogado, eif � BROWN & BROWN PROFESSIONAL CORPORATION (213) 552--1919 � ;e Attorneys at taw (213) 879-�0131 �uy"ar 101.00 Santa %Ionica Boulevard N ' at?�l Suitt; 2080 o ;A Los Angeles, California 90067 ..x�C2 DATE: t AY 1 +� ���� PTC11ARD J . WACK Cl&k, try ��� Q� �-�QRf�E�--- .�"Oer utv ffechil 1 1� L..ItuH (n•1•�•If/ill ►V1_ VW%WV vt Mpg 761 14' rev alike to. 310U. of setvicst 1471110Y in"..•A41 1 A• Am". ca.%4010-000ftf wr. . 9 h,,••►���.' Z ..... .... 1 BROWN 6 BON • PROFESSIONAL CORPORATION 2 Attorneys at Law 10100 Santa Monica Boulevard 3 Suite 2080 Los Angeles, California 90067 4 (213) 552--1919 and (213) 879-0131 5 Attorneys for Plaintiff • 64 1 Y. 17 !," D!! 1no i �•E. all MUNICIPAL COURT OF CALIFORNIA, COUNTY OF ORANGE 91�j WEST ORANGE COUNTY JUDICIAL P"[STRICT K41 11�AMERON, INC., POLE PROrUCTS ) NO. 102565 DIVISION, a California corpora--) 121 Lion, ) FIRST AMENDED COMPLAINT 331 Plaintiff, ) (Action to Enforce Notice to • ) Withhold; Labor and Material 14 Bond; Goods, Wares and !Merchandise Sold and 15 FOUR SIMON INCORPORATED, a ) Delivered; Open Book Account corporation; CITY OF HUNTINGTON) Account Stated] 16 BEACH, a public body; FREMONT ) INDEMNITY COMPANY, a corpora- ; ^; 17 tion; and JOHN DOES ONE TO ) ', TEN, Inclusive, )' 18 ) Defendants.19 0o 20 COMES NCN PLAIN,riFF, AND FOR CAUSE OF �FTION 'AGAINST 21 THE DEFEUDANTS AND EACH OF THEM EXCEPT DEFENDANT FR-EMONT'% W 22 INDEMNITY COMPANY FOR RECOVERY UNDER A NOTICE TO WITHHOLD, 2311 COMPLAINS AND ALLEGES: 24 25' 1. The ciefendants, JOHN DOES ONE TO TEN inclusive, are ?6 sued herein under the foregoing fictitious names For the reason 2711 that the plaintiff sloes not kno,ri their true names or capacities, 28 but upon ascertaining sane, plaintiff will ask leave of Court ow►+ S 904OWN t.,,.,.,.., First Amended Complaint WHEN RECORDED MAIL TO: 0 CI rY OF HUNTINGTON BEACH Office c)f pio City Clerk E'. 0. 13ox 190 i IurthnE�tur� [irs�: h (:jiif. 926dr i XEMf CIq NOTICE OF COMPLETION 0-550 RICORDEO IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA .1 20 PM ti,ov 15 '8 3 LEE A. BRANCH. County Recorder NOTICE: I5 HEREBY GIVEN that the contract. heretofore awarded by the City Council of the City of Huntington Beach, California to EQUR SItJQN, INC., 3265 Fletcher Drive. Los Angeles, CA9006.5 who was the company thereon for doing the following work to -wit: modification of traffic signals at the intersection of Brookhurst Street and Adams Avenue, Project CC-550, in the City of Huntington Beach, Ca. That said work was coi-tipieted by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof mNovember %, 1983 field on . That upon said contract the FREMONT INDEMNITY COMPANY was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 8th day of November o 19 83. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA } County of Orange } ss: City of Huntington Beach ) I, ALICIA M. WENTWORTH. 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 end 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 8th day of November 1983 . This document is solely for the offietal business of the City of Huntington Bench, as contem- plated under Governmont Code, Sec. 6103 and should be recorded free of ebarae. City Clerk and ex-Gfficio C erk of the City Council of the City of Huntington beach, California r ..,t:i %A;:, IU: r i t r rr 0010r. bL.ACh 6N err!.., „r ti.• C+ry L'Ityk (� �� �� ei.4t,•t tyU GQ�i`� re.r�r.•r. i,, . i:.. i, e;.i•t ti7r,.tr E53--52597841 EXEMPT C14 NOTICE OF COMPLETION RECORDED IN OFFmAL RECons OF ORANGE COUNTY. CAIOFnROfIA -1 4'yY Pm LEE A. (OQ*1 but {,;C 1-, He Kr6t ;;IYEN that the contract heretofore awarded by the City i.uurlr i ; or the City of Huntington Beach. California to .................. G�\ ��` 32u�_f1tLS!ttir_nCt.Yi:�S45c._.i:ll�:Iia .�2Q�k'1� ----_._.------•--------- --. AGO wf,u ad•, tilt :e>rgmny thereon for doing the following work to -twit. �4 rudificdtion of traffic signals at the Intersection of Brookn;rst Street an+. Avenue, Project CC-550. in the City of Huntington Peach. r-.. chat ;aid work was cumpleted by said company according to plans ant Spec ificdtiun5 and to ttie satistdction of the City Engineer of the City of lluntinrjton (leach and that said aurk wa, dccep•ed by the City Council of the City of Huntington 2eacri at o rei,ular meeting thereof held or Hnveatier• 7. 1983That upon tiaid contract the FREMONT 111DEHf11TY-CIMIANJ_. wd�. +,urvty iur the band given by the said company as required by law. Gated it Hu';t;ngWn Beach. Cali(ornia. this _ Rth day Of �hayra,er . 19 fA. r r t. ---- ty Cler«� ani e 7icin Clem► of the City Council of the Cit, of Huntington btdch, Ciliforni, 5TAlf. OF CALiFURNIA ) County of Orange ) 5s: City of Huntington Beach ) 1, ALICIA M. bENi ORTH. the duly elected and qualified City Clerk dud ex-uffrcr,i Clerk of the City Council of the City of Huntington Beach, California r.:r her•t-by certify under penalty of perjury, that the foregoing NOTICE OF COMPLE110N is tru+ grid correct, and that said N0110E OF COMPLETION was duly and regu)drly orderea to rccorded in the Office of the County Recorder of Orange County by said City rmom l Oated at Hunt gton Beach. California. this 8th day of _ Nuvt(.rner___ , )7U3 . this document is solely ttr the ertictrel business of tilt Citr of fluatinotcn (teach, as conttw- plated euijor Covernatnt Coot Sec. 6103 and would be recorded Tyree of charno. City Clerk and ex-6 cit) 7leri of the City Council of tilt! city of Huntington ;each, Calitornia wit ' 5,83 _i t a 0 B 213149 - M FondNo........... ...................... FREMONT INDEMNITY COMPANY 41211 TO S'ORMi MAINTENANCE BOND c { ,-n i3 �{ KNOW ALL MEN BY THESE PRESENTS, That we, I'+,Pt1ty C Y Att=ff FOUR SIMON, INC. (hereinafter called the principal), as principal, and the FltfMONT INULMNITY COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California, and duly licensed for t-he purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or Authorized by the laws of the State of Cali fornia , as Surety, are held and firmly bound unto CITY OF i1LT14TINGPON BEACH (hereinafter called the Obligee) in the sum of NINETY-THREE THOUSAND AND 1401100 --------------- --------------------------------------------------------- DOLLARS ($ 93 , 000.00_--__ ), lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our successors and assigns, jointly and severally, firmly by these presents. WHEREAS, on the 19t:h day of January 19 83 the said principal, as contractor, entered into a contract for the CC 550 - MODIFICATION nF TRAFFIC SIGNALS A.ND CONTROLLERS AT THE INTERSECTION OF ADAMS AVENUE AND BROOY.iiURST STREET, complete as per plans and specifications WHEREAS, under the terms of the specifications for said work, the said principal is required to give a bond in the amount of NINETY-THREE THOUSAND AND NO/100----_..___..__..____.._________..__ -____---------------..__-____-_____----------_---____------DOLLARS ($ 93, 000. 00--- ) to guarantee the replacement and repair of defective materials or faulty workmanship furnished or installed by the said principal, for a period of ----ONE YEAR ---------from and after the date of the completion and acceptance of same. . 1Tl9lll -P"T.l r: is T-WrVnT !t.L._ !J _...!_......-. ,. . .. . STATE OF CAUFORNIA County of Los Angeles ss. On this _. __.firt.h day of .. October , 19 83 . before me Barbara J. Patton . , a Notary Public, State of California, duly comer i- •-d and sworn, personally appeared M. SnJI-QX personally known to me (or proved to me can the basis of satisfactory evidence) to be the Attorney -in -Fact of Fremont Indemnity Company the corporation that executed within instrument, and also known to me to Lc the person who cxccuted the within offic" Uk in. rument on behalf of the corporation therein named. and acknowledged to ntc that 811k6M J. PATM su h corporation executed the same. WTAM RAW . CALNOW0 tart, o'r+at w #b *MOAN Ew 6* 11. is" Alit (AW ► b ) ..JL ry Public in and for the of California, County of —_.-1,j= ,.An4o%les a{ FRiMONT iNDEMNITY OMPANY• w HOME OFFICE — LOS ANGELES• CALIFORNIA POWER OF ATTORNEY KNOB' ALL MEN BY THESE PRESENTS: That, FREMONT INDEMNITY COMPANY, by WILLIAM JONES, JR. its Vice President, in Irursuance of authority grwited by Resolution of its hoard of Directors at a meeting called and held on the I filth day at Felirtmq. 1972, which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy: "RESOLVED: That the President or any Vice -President may from time to time apiFmint Atturneysrin•Fact to repres;ertt and act for and on behalf of the Company, and either the President or any Vice -President, the lizard of Directors or Executive. Committee may at any time remove such Attorneys-in•Fact and revoke the Power of Attorney given him or her, and fie it further "RESOLVED: That Cite Attorneys -in -Fact may be �given full power to execute for and itt the name of and on behalf of the Company any and all bonds and undertakings as tFle busincss of the company may require, and an such bonds or under- laki is, executed by any such Attorney -in -Fact sltall be is binding upon the Company as if signed by thr President and sealeand attestrd by the Secretary." does hereby nominate, constitute and appoint M.S. BUTLER its true and lawful Attorney-in•1~act, to make, execute, seal and deliver for and on its br.half, as surety, and as its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS IN WITNESS WHEREOF the said Vi Ce Ptc.,ident has hereunto subscribed his narne and affixed the corporate seal of the s.•tid FfIEMOIr'T INDEMNITY COMPANY, this 12th day of March A.D., if) 79 FREMONT INDEMNITY COMPANY RY___ STATE OF CALIFORNIA V'i ce Preside t William neS Jr. COUNTY OF LOS ANGELES r'S `— i On this i Zth day of March A.D., 1979 , before the subsc,;ber, a Notary Public of tilt. State of California, in and for the County of Los Angeles, duly corttntirsioned and qualified, came the above named Vi Ce President, of rREMONT INDEMNITY COMPANY , to me personally known to be the individuid and officer described in and irho executed the preceding instrumcn:, and he acknnwlcdggcd the execution of the same, and being by me duly sworn, doposeth and t•iith, lhzt he is the said officer of the. Corporation afore,&s,id, and that the seal affixed to the preceding instrument is the Corporate Seal of the. Said Corporation, and that the raid Corporate anal and his Signature as such officer were duly affixed and subscribed to the said instnrment by the authority and direction of the said Corporation. 1N WITNESS WHEREOF, I have hereunto set my hand and affixeJ my Official Seal, at'the City of Los An ales, the day and year first above written. 'c- -_ _ o�� -;'nt.�tc^s�cAc-ir7_1 Nf'CY L. 0KA1►0-TO i r :,•�<•.;�":'' i�t11:,Ri i1)iLIC•LNLIiG"n."t1A ���_ SEAL' r �� '�� ,•ty� tC� A'�:..i;E_� C;�:11tTY r y. 'o ry Pub , c ri;:iy t•Y tear:. �:.;:� Et;:u �cr. I3. ISM? I, the undern-gricd, assistant Secretary of FREMONT.INDEMNITY CONIPANY , do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, 1 have hereunto sAtst:ribed my name an 'Assistant Secretary, and affixed the Corporate Seal of the Corporation, this lath' daY•of Oct:oh-..r 83 Assistant Secretary Robert S. Stein PC'S-63 (5/12) z STATE OF CALIFORNIA Los Ange"es ss County of f On this 25rh day of �t, her , 19 R3 , before me Barbara J Patton , a Notary Public, Sta(c of California, f SUR G56 t.r.} duly commissioned and sworn, personally appeared ti_ S 1111E-7,r personally known to me fur proved to me on the basis of satisfactory evidence) to be the Attorucy-in-Fact of Fremont Indemnity Company the corporation that rxecutcd Off CAL stx he within instrument, and also known to me to be the person who executed the within 8iAWW j PAMN nstrument on behalf of the corporation therein named. and acknowledged to me that wotdtrPUKC-CAVOMA -uch corporation executed the same. Glu11tY �r - ' NY + cm ;-'otary Public in aW for the State of California. County of _ Los Angeles liund No FREMONT 114DEMNITY COMPANY E.. 7f. x t3i?.5f MAINTENANCE. BOND{:' i `' f r.� KNONV ALL MEN BY THESE PRESENTS, That we, 1)opiitY ty Attorael FOUR SIMON, INC. (hereinafter called the principal), as principal, and the I-IMMONT 1"5[)1:ti1NiTY COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guarantceing 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 HUNTINGrOlJ BEACH (hereinafter called the Obligee) in the rum of NIIIETY-THREE THOUSAND AND 1401100 -------------- -------------------------------------------------------- DOLLARS ($93,000.00------) lawful money of the Unitr.d States of Arnerica, for the payment of which, weil and truly to be rnadc, we hereby bind ourselve!. and our successors and assigns, jointly and severally, firmly by these presents. WHEREAS, on the 19L•h day of January 19 83 the said principal, as contractor, entered into a contract for the CC 550 -- WDIFICaTION OF TPJi 'FIC SIGNALS A14D CONTROLLERS AT THE 114TERSECTION OF ADAMS AVF14LE TND BROOKHURST STREET, coMpIC-te as per plans and specifications WHEREAS, unler the terms of the specifications for said work, the said principal is required to give a bond in the amount of 17711ETY-T!1REE THOUSAND AND 140 100------------------------------ ------------------------_.------------------.---------------DOLLARS ($ 93, 000. 00___ ) to guarantee the replacement and repair of defective materials or faulty workmanship furnished or installed by the said principal, for a period of ----ONE YEAR --------- from and after the date of the completion and acceptance of same. NOW, THEREFORE, if the said principal shall for a period of --ONE YEAR-----------" from and after the date of the: completion and acceptance of the said work by said obligee replace and repair any and all defective materials or faulty workmanship in said work, then the above obligation to be void; otherwise to remain in full force and effect. SEALED with our seals and dated this 25th SUR C27 day of October 19 133 FOUR SIMI, INC . .................................................................................. (Sral) 8y ram+ ............................................(Seal) Ice FfI ; ONT lNDEI11NITY COMPANY M. S. Butler, Attorney -in -Fact. `" :'t INDEMNITY�JiPANY HDtAE OFFICE — LOS ANGELES. CALIF s41A POWER OF AT1"OHNEY KNOW ALL MEN BY THESE: PRESENTS: Tlrart, FREMONT INDEMNITY COMPANY , by WILLIAM JOUES, JR. its Vi Ce President, in pursuance of authority wanted by Rr_tolution of its Board of Directors at a meeting called and hod on the l fth (by d Fetxuaty, 1972, %hick slid Rrsolution Eas not barn amended or rescinded and of which the following is a true, full and complete copy: - "RESOLVEO: That the President or any Vice -President may from time to time appoint Attorneys in•Fact to represent and act for and on bchzlf of the Company, and either the Prcridcnt or any Vire-President, the lioara of Director& or Executive Committee may at any Onrc runovr Fuch Atlorrrc)•s,-ir.-Fact and rcvol.e the P(rwcr of Attorney given him or her; and he it furl her "RESOLVED: That the Allornrys•in•Faet may be Liver, full puwer to exrcule for and in the :rarne of and on behalf or the Cnmin,n)• any and all bonds and undertakings as ti'c husinck% of the Company inq requite, and any such bonds or under- tal.ings exrcuted by any such Attorney-in•Fa�et shall be as binding upon the Company as if signed by the Prc�idcnt and scaled and attested by the Secretaty. dorsberehy norr.inate, constilule and appoint . M.S. BUTLER its tnre and lawful Attorney-in•Fact, to rnal.e, cxecule, seal arrd delivcr for and (in its 110121f, as surety, and as its act and (Iced: ANY AUD ALL BONDS A11D U14DERTAKINGS IN FITNESS WHEREOF the said Vice Prc:•idcnt has Irrrrrrnto !-ubscrilwd his name and affixed tic corporate seal of the said . FREMONT INDEMN)TY C0 11,1PANY, this 12 tit flay of I -larch A.D., 1 r) 79 PrIF NIONT INUEMNITY COMPANY Ily STATE OF CALIFORNIA �rrsidc r William nes ; Jr. 64t1NTY OF LOS ANGELE'S . t On this 12th day of March A.D., 1979. before the scriber, a Notary Public of 1. State of California, in and for the. County of Los Angcics, duly coin mi!Aatied and qualified, rarne the above named Vice President, of FREMONT INDEMNITY COMPANY , to rite prr.+or►ally down to be the individual and officer described in and who executed the preceding instrument, and he arknowledggcd the execution of thr. same, and heing by me duly sworn, deroseth and sailh, that }re is the said officer of the Corporation aforr_�aid, and that the seal affixed to the precr.din� instrument is the C urporate Seal of the Said Corporation, and that the. said Corporate Scal and his signature as such officer wetc dt'ly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN FrITNESS WHEREOF, I have hrrcunto set my hand and affixed my Official Seal, at'the City of Los An r1es, the day and year first above written. C: i lcir.L SEAL NA JCY L. Oi:AMOTO �21 5EAL •cat)cn� .� /% _ �C.•.�.__. / •`�.�;,,zt.' . tag a�,•'..LS c�:�r:>Y � '1' Cu:..: fi • r ..i: Ia; rrt: R.r. 13. 1;t2 r I, the under.3r, led, Assistant Secteta of i`IIEMONT INLIEMRTITY COI.iI'A.NY , do tiercby cr.riify that the oriaTrial P&Eit OF AiTUItNEY, of which the foregoing is a full, true and correct copy, is in fu11 force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name u Assistant Secretary, and affixed the Curporate Seal of the Corporation, this 2St:h • day.df October 1983 ' Assistant secrrtarr -Robert S. Stein I'C:S-63 0 City of Huntington Beach Department of Public Works P.O. Box 190 Huntington Beach, California 92648 Attention: Gentlemen: i Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 The undersigned, contractor on ------------ A Ao k Pro3ect No. T3.t e hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor perform- ing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage ,rate paid. Signature and Title REQUOT FOR CITY COUNA ACTION , I A ov L Submitted to: honorable Mayor and City Council ./' 1.9�.-j Submitted by: Clrirles W. Thcnpson, City Administrator f C:1TY Prepared by: Paul E. Cook, Director Public wbrks r Subject: IV(7I'ICE CL.F CC TLETICN FOR BRC OKHURST AT ADS 'TRAFFIC SIGNAL PFD=; OC-550 Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEVEW OF ISSUE: ��ur Simon, Incorporated has oompleted all work related to the traffic signal modifica- tion on Brockhurst Street at Adams Avenue. IREO DATICN: 1. Accept the work and instruct the City Clerk to file a Notice of Comletion. 2. Approve contract quantity increase in the amount of $750.00 AI AUSIS : %be following is a summary i:crease in contract cost: Original Contract Bid: $93,000.00 Increase in Contract Quantities: A total of $750.00 for mccii.fication to traffic signal poles Total Contract Price: $93,750.00 FUNDING: 1. Gas Tax Fund Account 745500 Y 10% 2. Hazardous Elimination Study Program (F.A.U.) = 90% ATE: None PEC':KH: ik No 4111 4��- . C�o CITY OF HUN'1'INGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK February 28, 1983 Paul Gardner Corporation 901 South Sultana Avenue P. 0. Box 3730 Ontario, CA. 91761 We are returning your Bid Bond which was submitted with your proposal for the modification of traffic signals at the intersection of Brookhurst Street and Adams venue, Project CC-550. In the City of Huntington Beach. The contract for this job was awarded to Four Simon, Inc. of Los Angeles.. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk Aft bt Enclosure IY�f�fOf1�7 �1�•6�x1) �. CITY OF HUNTING ON BEACH 2tiO0 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK February 28, 1983 Steirty and Company, Inc. P. 0. Box 6130 Anaheim, CA. 92806 We are returning your Bid Bond which was submitted with your proposal for the modification of traffic sign&ls at the intersection of Brookhurst Street and Adams Avenue, Project CC-550, in the City of Huntington Beach. The contract for this job was awart;,:-d to Four Simon, Inc., of Los Angeles. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk MIW:bt Enclosure IUophom: 7144364M1 1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 , OFFICE OF THE CITY CLERK i i i February 289 1983 i Webb Electrical Construction 1751 Del Norte Ontario, CA. 91764 We are returning your Bid Bond which was submitted with your proposal for the modification of traffic signals at the intersection of Brookhurst Street and Adams Avenue, Project CC-550, in the City of Huntington Beach. The contract for this job was awarded to Four Simon, Inc., of Los Angeles. We would like to take this opportunity to thank you for your, interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:bt Enclosure I Yo4,phono: 7 r 4 4631ti2771 �. CITY OF HIS NTIRICTON BEACH t 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK February 28, 1983 Smith Electric, Supply P. 0. Box 68 Stanton, CA. 90680 We are returning your Bid Bond which was submitted with your proposal for the modification of traffic signals at the intersection of Brookhurst Street and Adams Avenue, Project CC-550, in the City of Huntington Beach. The contract for this job was awarded to Four Simon, Inc. of Los Angeles. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:bt Enclosure iT.Wphons; 714636-GIB) F , CITY OF HUNTII'VTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK February 28, 1983 Baxter -Griffin Company, Inc. 8210 Monroe Street Stanton, CA. 90680 We are returning your Bid Bond which was submitted with your proposal for the modification of traffic signals at the intersection. of Srookhurst Street and Adams Avenue, Project CC-550, in the City of Huntington Beach. The contract for this job was awarded to Four Simon, Inc. of Los Angeles. We would like to take this opportunity to thank you for your interest in submitting a proposal. Alicia M. Wentworth City Clerk AMW:bt Enclosure Mhpt coo 714-S.'*8227) 0 CITY OF HUNTINGTON BEACH, 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK ' February 280 1983 Grissom & Johnson, Inc. P. 0. Box 10040 Santa Ana, CA. 92711 We are returning your Bid Bond which was submitted with your proposal for the modification of traffic signals at the intersection of Brookhurst Street and Adams Avenue, Project CC-550, in the City of Huntington Beach. The contract for this job was awarded to Four Simon, Inc. of Los Angeles. We would like to take this opportunity to thank you for your interest in submitting a proposal. 0 Alicia M. Wentworth City Clerk AMW:bt Enclosure (T oWphaao: 714-53& 82x7 ) • • rtj CITY OF HL.JNTINCaTON L,Zia 2000 MAIN STREET �^ OFFICE OF THE CITY CLERK February 29, 1982 Four Simon, Inc. 3265 Fletcher Drive Los Angeles, CA. 90065 BEACH CALIFORWA 92648 Encior,ed is an executed copy of the contract with the City of Huntington Beach for the modification of traffic signals at the intersection of Brookhurst Street and Adams Avenue; Project CC-550, in the City of Huntington Beach. Also enclosed is a Bid Bond which was submitted with your proposal. Alicia M. Wentworth Ci ty Clerk Aft bt Enclosure i TMapfwnr. 714 •G3Q-87171 I s �- 1,10N-c:(�l_1_t; 51011 Af7f-'11)Ati►, r To thr. City of 1-funtingLon Brach, DepurLITWI7t of PUbliC Works: The r.mrier'sicgned in st•')tnittinrl a hid frir pnrforrninrl the following :lor!x by contract, being duly sworn, depnscs rind says: That tie ha,; not, hithr'r rfirertly nr inrfirr.r.t.i., entnrrrf into -my aqu-nrnent, ptlr tir.ip7tr'ri in ariv i­11rt;irm, or othQr:jisr! 1-d,e.n .rny action in rr:straint of fro - competitive hiddincl in connection .viLh scar)-. rontracL. The modification of traffic signals at the intersection of Brookhurst Street and Adams Avenue; CC--550 ----------- 9_�es _ U I C pla( re of ilc:;icfcnc-r: uhsc:rilvid nrH :;.vnrn to roforc -nc'. tiri; —!�� cfav Notary I'�Ifili in ,rncl fr)r illy :ncnnt.y c�l�'-� ___.__� � �_______► `,r;fl.rr of (­nlifornki. testy r: nrnrl�i�;inn C•�l�irr:s _.---___.�(.� ...._.___._..�.�?___..__...._' 1�'._�'_,• �`.. �_ �,�-:�-i%cc'.d::c ram•-:?���::�rc�e* rli CfFICII-L SEAL �v 01 BID PROPOSAL FROM [} L) iQ, .S j t4 4 AJ -r-- Firms Name To the Honorable Mayor and City Council, City of Huntington Beach, California: In compliance with the notice inviting sealed proposals for the Furnishing and constructing of traffic signal modifications at.the inter- section of Adams Avenue and r3rookhurst Street, CC550 HE.S M021(001). I hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, speci- fications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materiabran through any bid depository, the by --laws, rules or regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. For the furnishing of all labor, materials and equipment, and or all incidental work necess-ry to deliver all the improvements ccwlete in place in strict con- formity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose and agree to take full payment therefore at the following unit prices; to wit: ITEM APPIMIMATE ITEM WITH UNIT PRICE UNIT � NO. QUAN= WRI= IN WORDS PRICE 7C TAL i Install traffic signal con- ) 1. L.S. troller, cabinet, traffic signal poles, signal heads $ Sj Lump Sum 2. 7,, 5. Luminaires 400 W high C'1�' pressure sodium $ $ (goo -.-----� Lump Sum Miscellaneous hardware 3. L.S. pushbuttons for pedestrian $ $ and bicyclists Lump Sum -- ---- r1--1 I • ITEM NO. APPROXIMATE U IANI'ITY ITEM WM UNIT PRIG i WRITTEN IN WORDS UNIT PRICE `MTAL 4. L.S. Raised median island removal $ Lump Sum $ S6c�n S. L.S. Raised median island in- stallation $ Lump Sum Total Hid in Words: Total bid in Figures: i 1 I I 1 P- 2 .. CITY OF HUNTINGTON BEACH 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 9264E Paul E. Cook Public Works Department Director (714) 536.5431 CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS BROOKHURST ST. AND ADAMS AVENUE CC 550 ADDENDUM NO. 1 NOVEMBER 8, 1982 Notice to all Bidders: The following revisions and additions shall be made to the bid documents: 1. Bid proposal form (page P-1) - delete bid item 04 "Striping Modifications, Installations and Sandblastings" 2. Luminaires shall he semi -cutoff, 120V circuit, and shall be controller! by a Type 1 photo -electric control. You are r%quested to acl:nowledgc the receipt of this addendum below and ref -urn a copy of this addendum with your bid proposal. ry truly�y�r . C. Paul E. Cook Director of Public �-,orks PEC:KH:jy This is to acknowledge receipt and review of Addendum No. 1. dated November 8, 1982. It .is understood that the revision of new docu- ments shall. be included in the bid documents. S`[&t Aj 10 C. Company Da ted Paul E. Cook Director • CITY OF HUNTINGTON BEACH 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 Public Works Department ~ (714) 536.5431 CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS BR00KHURST ST. AND ADAMS AVENUE CC 550 ADDENDUM NO. 2 NOVEMBER 91 1982 Notice to all Bidders: The following revisions and additions shall be made to the bid documents: 1. EMERGENCY VEHICLE PRE-L•, TION -- PRE-EMPTION EQUIPMENT WILL NOT BE PART OF THIS PROJLi. DELETE SECTION 307-2.3.1 ON FAGE n3 . You are requested to acknowledge the receipt of this addendum be- low and return a copy of this addendum with your bid proposal. Very truly fours, Les Evans City Engineer LE: KH:jy This is to acknowledge receipt and review of Addendum No. 2 dated November 9, 1982. It is understood that the revision of new docu- ments shall be included in the bid documents. P; V9 !31 Company Da ted 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 Pau I E. Cook Director CONSTRUCTION.OF TRAFFIC SIGNAL IMPROVEMENTS BROOKHURST STREET AND ADAMS AVENUE CC 550 ADDENDUM NO. 3 NOVEMBER 22, 1982 Notice to all Bidders: Public Works Department (714) 536.5431 'rhe following revisions and additions shall be made to the bid documents: 1. Bid opening date of November 22, 1982 has been extended to November 30, 1982 at 11:00 A.M. in the City Hall Council Chambers. 2. Plan Sheet 3 of 4 -- Note 4 to be revised to read as fellows: 'Remove raise medians on east and west legs only. Replace with 7" full depth A.C." 3. Bid Proposal Form (Page P--1) - Delete existing form and install Few forms supplied herein. 4. Installation of east leg raise median island is to be per (A) Orange County E.M.A. Standard Plan 201 "Type B" and (B) City Standard Plan 730. You are requested to acknowledge the receipt of this addendum below and return a copy of this addendum with your Lid proposal. Very truly yours, 4,'Paul E. Cook Director of Public Works PEC:KH:jy This is to acknowledge receip-..; and review of Addendum No. 3 dated November 22, 1982. It is understood that the revision of new docu- ments shall be included in the bid documents. F0 ("7 A, 0 4) A) Company _ I3 Date:�- r It is understood and agreed that the approximate Quantities shown in the foregoing proposal schedule ore safety for the purpose of facilitating the comparison of bids and that the contractor's ca"nsation will be cor»puted Orion the basis of th3 ritual gwntift in the completed work, whether they be mwe or less than those shown heroin at the unit prices bid in the proposal ectiedule. The undersigned undwyevxls the contract tine limit allotted for the contract is b Q warn i nor day.-;. If awarded the contract, the undersigned hereby agrees to sign sold contract and furnish the necessary bonds within ten (10) days of the rmrd of acid contract, and to begin work within ton (10) days from the date of approval of the con- troxt by tee City of Huntington Beach, California. The under ped has examined carefully the site of the work contemplated, the plans and specifications, ane the pcoposel and contract forms therefor. The submission of a bid shall be concloM evidence that the bidder has imnstiga:sd and is asVistied as to the conditions to be encountered, as to the chuacter, quality, and scope of work to be performed, the quantities of nwst"Is to be furnished, and as to the regvirements of the proposal, plans, specifications, *Pool the contract. Accompanying this proposal is ($ NOTICE: Insert the words "Cash," "Certrf:od Chuck," or "Bidder's Bond," as the awn may be, in en amount equal to at least 10 percent of the total bid price, payable to tho City of Huntington Beach. The undersigned depositz the above named security as a proposal guaranty and agrees that it shall be forfeitol to the City of Huntington Beach as liquidated damages in case this proposal is accepted by the City and the undersigned" fail to exa uto a contract for doing said work and to furnish good and suffidiiat bonds in the form ut forth in the specifontioas and contract documents of the City, with surety satisfactory to the City within 10 days after the bidsfar has received written notice of the award of the contract: otherwise said security &hall he returned to the undorsignad. " 310noun 0 11kMW Btminess Address �3 D" (S L*KiC DOC Place of Residence —LOS A*] CFL_f -' C'- ), - goGso, OaVid this 10 day of Llel It 0 -t fS .. 19 Bidder :hail signify receipt of all Addenda here, if any: Addendum No. Oats Received P-2 Bidder's Sig ratura_ /J 1 r I El 0 P,,tOPOSED_ INFORMATION REQUIRED OF BIDDERS The bidder is required to supply the following information. Additional sheets may be attached if necessary. 1. Firm Name: P6 _.._._._.. 2 Addrau• 3. Telephone 4. Type of firm -- individual, partnership, or corporation: S. Corporation organized under the laws of the State of _ - Z2"r- f !�� 6. list the names and addresses of all members of the firm or names and titles of al AJ icers of the corporation: Z. -C- L(21s Al 0 A,Ez tj S GCS..- • O a & .r 7. Number of years e' parlance as a contractor in .construction work: % 9. list at least six projects completed as of recent date: (Contract amt.) (Class of work) (Date Comple A) (Name and address of Owner) j 9. List the name of the person who inspected the site of the proposed work for your firm: ' Lol5 IV C)AlCZ- Date of inspection / t ' r `-'kLL If). If requested by the City, the bidder shall furnish a notarized financial statement, financial data, or other information and references sufficiently comprehensive to permit an appraisal of his current financial condition. P-3 • PROPOSAL City of Huntington Beach P.O. Box 190 Huntington Beach, Californda 92648 Gentlemen: s The undersigned hereby proposes to perform all work for which a contract may be awarded him and to fumiAh any and all plw.s, labor, :services, materials, tools, equipment, supplies, transportation, utilities and all other items and facilities necessary therefor as provided in the Contract Documents, and to do everything therein for the construction of traffic si nal modi�:ications with highway safety lighting, signin , (bid items are included in the "Bid Proposal" Section of these specifications,) as specifically set ■ ■ �.n.r.. r�Yr�r.r�lw.r . �wr .wr�r � w�.r• Y�.i..�. forth in documents entitled: "For Construction of Traffic Siqnal Imerove-- ��l.IlY��l�.. • �IM W ��II I ■ . Y ments, Signs and.Stri1.lping at: Adams Avenue & B.-ookhurr:. Street together with appurtenances thereto, all as set forth on the drawings and in the speAfications and other contract documents; and he further proposes and agrees that, if this Proposal is accepted, he will contract in the form and manner sti- pulated to perform all the work called for by drawings, specifications and other contract tents, and to complete all such work in strict conformity thermrith within the tine limits set forth therein, and that he will accept as full payment therefor the prices set forth in the Bid Sheet(s) forming a part hereof. A *cashier check *Certified check *aid ;.-d Properly made payable to: City of Huntington Beach hereinafter designed as the Owner, for the sun, of dollars ($ ) , which amount is not less that 10 percent of the total amount of this bid, is attached hereto and is given as a guarantee that the .r^.dersigned will execute the Agreerent and furnish the required bonds if awarded the contract and, in case failure to do so within the time provided, the *proceeds of said check shall be forfeited to the Owner *Sureties liability to the Owner for forfeiture of the face amount of the Bond shall be considered as e-9tablished. It is understood and agreed thaat: 1. The undersigned has carefully examined all the contract &curunts which will form. a part of the contract; namiely, Notice Inviting Bids, the accepters Proposal, the Hid Sheet(s), the List of Suboentractors, the Bill Security Form for check or bond, the Agreement, the Faithful Performance Bond, the Payritnt Bond, the Non -Collusion Affidavits, the Certification with regard to the performance of previoiLs Contracts, the Garanty, the Speci.a' Provisions, tha Plans, the Standard Plans, the Standard Specifications of the California Department of Transportation, dated January, 1981 and all. additions, deletions, modifications and appendices and all addenda as pre- pared prior to the date of bid opening setting forth any modifications or interprc-- tations of tiny of said documents. 1 2. Ttie urrsi fined has by : iiivestigatian at t'he site of the wank and 'otherwise satisfied himself as to the nature and location of the work and .'has fully istfo=ed :iii m1f as to all c oMitictis and ratters which can in dirty way affect "the work or the cat, ttiereot: t 3, The `urdrsigmid fully understands the. scope of trie work and has che�. cairefu].).y all wtm�ds and fig+.wes irumt.�ed in this proposal and he fur- thw..:, ur,dexstands that e e Owi�r, will in no u-ty be reopmsible for any errors or anissions in the preparation of this proposal; d. The unil6raigned uaxieistands the contract time limit allotted for the contract is 60 working days. 5. The undersigned, as bidder, declares that the only persons or parties interested Im this proposal as principals are those named herein; that this p=posall is made without collusion with any othex po. rson, film, or corporation and in submitting this proposal, the undersigned bidder agrees that if it is detErniined that he is the sucvessfi:l bidder, he will axwjte the non -collusion affidavit required by the Federal requara+ ants set forth umdeti Section 6 of these special provisions. Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates set forth in the Departs, ent of Transportation publication entitled General Prevailing Wage Rates, which is a part of the contract shall be posted by the Contractor at a prminent place at the site of the work. The prevailing wage rates to be posted at the job site will be furnished by the Department. If there is a diffexence in the minimum wage rate pre -dew by the Secretary of Labor and the prevailing wage rates determined by the Director: of Industrial Relations, for similar classifications of labor, the co rtractor and his subcontractors shall pay not less than the highest wage rate. If awarded the oontract, the undersigned hereby agrees to sign said contract and furnish tl-,e necessary bonds within ten (10) days of the award of said contract, and to begin -pork within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned has examined the location of the proposed work and is familiar with the plans, specifications and special provisions and the local conditions at the place where the work is to be done. Acccupwrying this proposal is (NOTICE. /DDT tS3o�t7L�. 95 ME, er s , certi c , or s , A= t cage may IN &winess Address 6 .� Signature o B er Place of Resider -le Doted this 4z a Ply of . 19 2 LIST OF SUBCONTRACT ORS The bidder Is required to furrlsh the following Information In atcntdance With the provisions of Secauni 4100 to 4113, inclusive of the Government Cade of the Slate of California,. Name Under Which Percent 5pecific Qeicription Fubcnntraclt%t is Llcenu Address of office, of Total of Llcenstd No. Mill, or Shop Contract Subcontract ho nol list atternatlrt tubtohl►aclori for the iamt wnrk. 3 PROPOSAL. f: CO3'1; PAC U 0 AGREEMENT UM AGREMU, made and entered into this day of in the year 19....... by and between the Cit■y' ofwV■ Huntington Bea%h ■.rnw�■.rw.+■Ar�a■�ww■ ■w�W ■ �rn■r�.....�,.r ■.ru organized and existing in the County of Orange under and by ■�■r■+�r�....��r�rwr■�■. ram■■■i virtue of the laws of the State of California, hereinafter designated as the Cwner, rar,-y of the first part and f hereinafter designated as the Contractor, party of the second part„ WIRTESSE H: That the parties hereto have mutually covenanted and agreed, and by these presents so covenant and agree with each other as follows: F, 41"Walkwal The Contract Doctrmts consisting of the Notice Inviting Bids, the accepted Proposal, the Bid Sheet (s), (bid items are listed in. the Bid Proposal Secton of the Specifications), the List of S-uboontractors, the Bid Security Form for check or bond, the Agreement, the Faithful Performance Bond, the Papnwnt Bond, the Non -- Collusion Affidavits, the Certification with regard to the performance of pi.evious Contracts, the Special Provisions, the Plans, the Standard Plans and the Standard Specifications of the California DeparTent of Transportation, dated 1981 all of which are hereto attached, together with all additions, deletions, modifications, and appendices and all addenda as prepared prior to date of bid opening setting forth any modifications or interpretations of any of said doc rents are aereby incorporated in and made a part of the Agreement as fully as if set forth herein. 4144CM—P-Mai For arki in consideration of the payments and agreements to be made and per- formed by the Owner as set forth in said Contract Documents, the Contractor agrees with the Owner to construct traffic signal modifications with highway safet li htin signing, - as specifically set forth in said Contract Documents entitled "Construction of of Traffic Si nal Im rovements, Si ns and Stri in at: Adams Avenue & Brookhurst Street Y HES--M021(001) for which award of contract was made; to furnish at his own proper cost and expense all plans, lalz r', service_'s, material., tools, equiMent, supplies, transpaztation, utilities, and all other items and facilities necessary therefor, as provided in the Contract Documnts, and to do emryt,2ring required therein. In accordance with the provisions of Section 3700 of the Labor Code, the Contractor will be required to secure the payment of oampensation of his employees. 4 ARTICLE III For furnishing all said services and materials; payment of premiums on insurance policies; obtaining r 11 permits and licenses of a tegaarary nature; furiishing and retaving all plant, tem'poraxy.work or structures, tools, and equipment; and for doing all the work contemplated and embraead in this.agree-r mein; also for all loss and damage arising out of the nature of the aforesaid work during its progress or prior to acceptance from the action of the elements and frem any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in the said Contract Documents are expressly stipulated to he borne by the Owner, and for eel]. and faithfully completing the work and the whole within the stipulated time and in the warner shown and described in the said Documents and in accordance with the requirements of the Engineer under then; the owner will pay, and the Contractor shall receive in full compensation therefor, the prices set forth by him in the accepted Pro- posal. The total conpensation to be paid carmted on the basis of the units of work actually performers in accordance with the requirements of the Contract Documents and paid for at the stipulated prices named in the Bid Sheet(s) for catnletion of the work '1 V KO! The Owner hereby premises and agrees -with the said Contractor to amploy, and does hereby employ the said Contractor to provide the materials and to do the workaccording to the term and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein con- tained. ARTI= V The contractor further agrees to comply with the wage rate portion of the equipmental rental rates and general prevailing wage rates, current edition, of the California State Deceit of Transportation. The statement of prevailing wages appearing in the equipment rental rates and general prevailing wage rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties hereto t.aat should there be any conflict between the terms of this instrument shall control and nothing herein shall be considered as an acceptance of the said terns of said proposal conflicting Herewith. ARTICLE VI The improvements contemplated 3n the perfoxmue of this contract is a Hazardous Elimination Safety Project over ubich the State of California shall exercise general supervision; and, the State of California. shall have the right to assume full and -direct control over this Contract whenever the State of California, at its sole discretion, shall deter:rAm that its responsibility to the United States so required. In such cages,.the State Contract Act will. govern • 5 ART.LCZE VII N& vmk, services, material, oregttLp t shall be performed or furnished MTI& . this 'Agreement unless and until a notice to proceed has been given to the Contactor by the awner. 3N W IMS f�I MMW. The parties he-eto have caused this contract tb be exwated the day and year first above written. Party of the First Part Canes BY ATI'k:ST: By, Party of the Second Part Cbntractor License No. r-/ k v (Ti5� to REQU FOR CITY COUNCO ACTION D4cembery r�I�62i --- Date Honorable Mayor and CityCcuncil'�"~-----...~, Submitted to. Y � Submitted by: Prepared by: Subject: Charles W. Thompson, City Adminstra cr•ri- Paul E. Cook, Director of Public Works Approval of a Contractor for the Construction of Traffic Signal Modifications at Brookliurst and Adams; CC-550 Statement of Issue, Recommendation, Analysis, Funding Source, Altemative Actions, Attachments Statement of Issue: The City Council has previously approved the solicitation of contractors for the construction of traffic signal modifications at the intersection of Brookhurst and Adams. Recommendation: Accept the proposal submitted by Four Simon, Incorporated and authorize the Mayor and City Clerk to execute the standard contractor agreement on behalf of the City. Analys..s : In order to effectively complete engineering construction in a timely manner, it is recommended that a contractor be retained. The following proposals were received: 1. Four Simon, Inc. $ 93,000.00 2. Smith Electric Supply 105,560.00 3. Webb Electrical Construction 108,832.00 4. Steiny & Co. 112,000.00 5. Grissom & Johnson 112,874.00 6. Paul Gardner Corp. 121,136.00 7. Baxter Griffin Co. 123,035.00 The winning bid was approximately $7,000.00 under the engineer's estimate. Funding Source: Hazardous Elimination Study Funds (Caltrans - $90,000.00, City - $10,000.00). The engineer's estimate for this project was $100,000.00. Alternative Action: Postpone construction until a later (late. PEC:KH:lw Plo 4/m �,5 krrcl k4y -'b Pw fa _ REQUE4f FOR CITY COON ACTION SQ�%'J' 7n Date August 26, 1982 Submitted to: Honorable Mayor and City Council Submitted by: C. W. Thompson, City Administrator, �l 0*4�y� Prepared by: Paul E. Cook, Directur of Public Work' L. Subjoct: Acceptance of Service Agreement �, ''•� u�� l Statement of Issue; Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:,,. STATEMENT OF ISSUE: 14V The Californii Department of Transportation is requesting a service agree- Illent with the City to test and certify controllers for the ongoing H.E.S. traffic signal projects. RECOMMENDATION: Approve the attached service agreement for testing and certification of controllers as part of original plans and specifications. ANALYSIS: The City Council has previously approved the selection of a consultant to design plans and specifications for the modification of existing traffic signals at said intersections. The design includes the upgrading of Goldenwest and Warner from two phases to eight phases which includes protected left -turn phases. The design for Brookhurst and Adams includes dual .left -turn lanes and overhead left -turn indications. 1n addition, the City Council previously approved the plans and specifica- tions for this project. The City Council has also approved the Public Works Department to advertise for. !yids. The City has received approval on this project from the California Department of Transportation, since CalTrans administers all Federal funds used for highway purposes. FUNDING SOURCES: Nazar ous Elimination Study (Federal monies) City matching funds (City Gas Tax funds) Total ALTERNATIVE ACTION: N A. ATTACHMENT: Service -Agreement CWT:PEC:KF!: jy r10 4J81 $171,000.00 19,000.00 .$1901000.00 :UIORNIA--AUSINESS AND IRANSPORTATION AGENCY EDMUND G. AROWN JR., Goiirnnr ' ARTMENT -OF TRANSPORTATION .,1RIC1 7. P.O. 6OX 2304, LOS ANGEIES ?W51 (213) 620-3728 September 29, 1982 Contract No, W--7763 07-ORA-0=:HntB HES-M019(002) and HES-M021(001) 2 Type 90 Intersection Controllers Mr, Paul E. Coo'; Director of Public Works City of Huntington Beach P. 0. Box 190 Huntington Beach, CA 92648 Dear Mr, Cook: Returned herewith for inclusion ±n your records is an executed copy of the Service Agreement to test the signal controllers for the project. Sin' erely, ..._-� B. AP LASA Chief, cal Assistance Branch Attach. SES:eam 1 •�,' HUN-nNOTON MCACW. CALIF. :I[I'°AND CC, tlttMM'.► ., Const. of Traffic Signal improve. @ Adams & Brookhurst 'i tr'i i:Iii ;•.�'! _____ ...... , Baxter -Griffin Co. i /.2 © s 4 Bbuddco Econolite .. r E1 Camino Electric, Ipc. Four Simon, Inc. Paul Gardner Corp...— lo:Zlj /361 , 00 G.^. is`som & Johnson .�.--- / / l i 7A/ a � f Mid County Const. i i Safetrans Traffic Signals , Smith Electric I Webb Electric ..---- _ /D� 96022 i 1 i b • INTHE Superior Court or'111E STATF: OF CAI.IFORNIA In and for the County of Orange CITY OF HUNTINGTON BEACH CITY CLERK State of California I County of Orange Ovi. APRIL L. ELLIOTT That 1 am anti at all times herein mentioned was a citizen of the United Stnte•, over the aye of twenty-one years, and that am not i party to, nor interested in the above entitled matter; that I am the principal clerk of the printer of the HUNTINGTON BEACH IND. REVIEW n newspaper of general circulation, published in the City of HUNTINGTON BEACH County c..' Orange and which newspaper is published for the diRemination of local news and inteiogence of it general charac- ter, and which newspaper at all tine" herein mentioned had and still has a lxlna fide sub+c•ription list of paying �nhscrilers, And which newspaper has been estahlished, printed and pub- lished at regular intervals in the %aid County if Orange for a period exceeding one year; that the notice, of which the annexed is a printed copy, ha-t been published in the regular and entire issue of said newspalx r, and not in any su* plement thereof, on the fallowing dates, to wit: OCT. 281 NOV.4t 11+ 1982 1 certify (or declare) under penAlty of perjury that the foregu- intt is true and correct. GARDEN GROVE Ratedat ................................................ 12th NOV. 82 Califort,i:i. theJ-•✓! ....... dad• cif .......... 19....... . ))) .............. . r Signature 11 PROOF OF Pt113LIt. 6119IV BIDS hT1L�RiCIAG�tA1J1`A7fOM1,er*4y:0"18. U*t.0*.CjW OWN& d. W Crtr: �C 61rrk,. 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' • - - : la keordaaws wM thepnr6j3% of f KUM lin at the I.b+. trt.tfiiti`ef C�liftvoi4 i]inetot of tii of Iolt*W >p ebuer� COMM dlieew� tt. ^• � pr WkW VIM OfWMWA. la U* *Ut is it deer � ref W trbolt' ra" d.rtr.lMag" an on Ak at tit 600i.d ttr t�ati L`itdt'iili the' Clara of W Mecca of t tlir 160& at U0 Cib of HrrlierM :! l%" 4W �r�; ft0jMr gilt ioeo*oal : sad Y d tW *Vki d* ni?W*W�d "ePal�e Warta► Chi HA xr�`°ewB�dr.c.Tiitar� M bid wM be rtcsered attire It s rai/r oe,a hnr Meidwt jar Glt• Pak Wq+uo �iMii1trle'WlRei sr�Ytad etequiaNr vta�pt�g:wfw'4 iM le eil Vrat&ii+ a �b iay{ p,re gar tenor t41'tlw soipiel, ;wa d b st b L aW ty oI. Boes� lets nit w w. by tt6:phbMirM► ;.gene thtt the retcW aeroelot d seta oerrolwnd wriidt htit ewers" � �a derrarre dire Mast d raq �iw�M prr�w rl t4 ww1�• Ili a+r.: +, re[eMwrarogndirttii•drt dPtiEbieWo AU Iid. edp beaopaed as ti Imb a!* W 4ar 4b ISM worle ��iriM MI I�r rt+MJD"jj d�arlr'a,jjjjr*JJAWriAtc ilR i�la'I1i t iiid ref ` ; ;, Y sum. WM be • itet iMblt Md ' I � a „c ,�� !�►�1+ _rqu��oeirE.r�rwrl irwt_i1e q �r w`oili wi hi r:i �• ti.,.WW.1 6 •<' ,me";µ N }i= r, :e :�:,�,�•�.;. •-Fyn>���'-�l••.'�: t d:.�•'17i ia.S#3' Form No. POP 9M2 ru L"N 0 NOTICE INVITING SEALED BIDS CC-550r-n r;S-Mob (001) Notice is hereby given that the City Council of the City of 11untingt6n Beach, California, will receive sealed bids For the modification of traffic signals at Adams Avenue and Brookhurst Street, in the City of Huntington Reach, California, in accor- dance with the plans and specifications and special provisions on file in the office of the Director of Public Works, Documents will be available on Novemb?r 1, 1982. A charge of $25.00 (non-re- CLIntable will be required for each set of specifications and accompanying drawings. DIRECTOR OF PUBLIC WORKS ESTIMATE Work Item 1. Traffic signal modifications at Adams Avenue and Brookhurst Street. In accordance with the provisions of Section 1773 of the Labor Code, the State of California, Director of the Department of Industrial Relations shall determines the cleneral prevailing rate of wages, applicable to the work to he (lone; copies of the latest general wage rite determinations are on file at the office of the City Clerk 0-Ind the office of the Director of Public Works of the City of Huntington Peach, California. Plans and specifications, together with proposal form, m;.v be obtained at the office of the Director of Public Works, City Ball, llui,t.inclton beach, California. ;do i)i.d will be received unless it is made on a blank form furnished by the Director. of Publi.c works. The special attgnti.onof prospective bidders is called to the proposal requirements, set forth in the sF)CCifi.cat:iort , f0r full directions as to the bidding. The fore(;oino clun>>t i t ices are approximate only. beinct q.i yen as hasis for the comparison of bids, and t-he Cite of Huntington Beach elves not exl)ressl,.), or by implication agree that the actual amount of work will correspond therewith but reserves the rich t to .increase or decre,- se the aincunt of any class or portion of the work, as may he deemed necessary or expedient: by the Director of Public Works. All Niels will be :-.ompared on the 1),3sis of the D.irect.or. of Public Works !estimate of the ouantities of work to be done. y ~ Notice Inviting Wed bids CC-550/CC-559 • Page 2 The Department reserves the right to reject all. bids. The award of contract, if it be awarded, will be to the lowest qualified bidder whose proposal complies with all the requirements prescribed. The labor surcharge and equipment rental rate applicable to the work to be done is listed in the Department of Transportation publication entitled, "Labor Surcharge and Equipment Rental Rates". The Engineer, has on file a copy of this publication and will furnish same to be posted at the job site. The contractor further agrees to comply with the wage rate portion of the equipment rental rates and general prevailing wage rates, current edition, of the California State Department of Transportation. Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, Development Laing, 2000 Main Street, Huntington Beach, California; shall be sealed and filed with the City Clerk at the Civic Center, Second Floor Administration Building, 2000 Main Street, Huntington Beach, California, on or before 2:00 P.M. of November 22,1982 , and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works or their authorized representative and the results of said bidding will be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Honday, this Gth ref' December at the hour of 7:30 P.M. in the City Council Chambers in the Civic Center of said City of Huntington Beach, and shall be acted upon by said City Council at the regular meeting of December Cth, 1982. The City of Huntington Beach, California, reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By order of the City Council of the City of. Huntington Beach, Cali- fornia, this September 6th, 1982. ATTEST: Alicia Wentworth _ City Clerk n-7. 4f' REQUFOR CITY COUNCII ACTION Date Submitted to: Honorable Mavor and City Council Submitted by: Charles w. Thompson, City Administra Proper ed by: Paul E. Cook, Director of Public Works July 20, 1982 r. ±d..............� 0-4a Subject: Modification of Traffic Signals at the intersections of Goldenivest @ Warner and Brookhurst @ Adams; CC-550 Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Statement of Issue: The plans and specifications have been completed and the project is ready to be advertised. Recommendation: It is recommended that the City Council approve the plans and specifica- tions for this'project and authorize the Department of Public Works to advertise for bids for the modification of the traffic signals at these two locations. Analwsis: The City Council has previously approved the selection of a consultant to design plans and specifications for the modification of existing traffic signals at said intersections. The design includes the up- grading of Goldenwest & Warner from two phases to eight phases which includes protected left --turn phases. The design for Brookhurst & Adams includes dual left -turn lanes and overhead left -turn indications. rhe estimated project cost for the construction of these improvements is approximately $190,000.00. The Cite has received approval on this project from the California Department of Transportation, since Caltrans administers all Federal funds used for highway purposes. Fundipj Source: Hazardous Elimination Studv (Federal monies) $171,000.00 City matching funds (City Cas Tax Funds) $ 19,000.00 Total $lq0t00670 Alternative Action: Postpone advertising at this time. PEC:KH:lw Flo 4/51 G/ 015 CITY OF HUNTINGTON BEACH 1 INTER -DEPARTMENT COMMUNICATION "IINIINGRA NAM To Charles W. Thompson From F. B. Arguello City Administrator Chief of Administrative Services Subject Funding of Ci ty's Share for Date duly 23, 1982 Traffic Signal Modification CC 550. FIR # 83-4 in response to the Public Works Department, a Financial Impact Report has been prepared andsubmittedrelative to the requested City matching funds share of the total project's costs involving the modification of traffic signals at the two major intersections in question. It has been estimated that an appropriation of $19,000 would be adequate for this purpose. Sufficient monies are available in the unappropriated Gas Tax Fund that could be utilized'fa*r this project. Should the City Council approve this expenditure, the unaudited'bala*nce in the Gas Tax Fund will be reduced to $498,123. F. B. A guello Chief of Administrative Services i�0 0 CITY OF HUNTINGTON BEACH FINANCIAL IMPACT REPORT Project Name Description Funding of City Share for Traffic Signal Modification Requested City financing for portion of this project's cost DIRECT PROJECT COSTS 1.1 One -Time Costs an urn.,FacHl- ition Construction ties, Ecui Tent. Other Total Cost 19,000 19,000 1.2 Recurring Annual Costs Pa roll Additional Personnel Materiais b Su lies utside Services Revenues Total Cost . 71 1.3 Replacement/Renewal Costs N/A 2. INDIRECT COSTS Loss ofCityi's earning capability aue to expenditure of funds. Financial Impact Report ... Page Z • 3. NON -DOLLAR COSTS N/A.,.,�. 4. BENEFITS TO BE DERIVED FROM THE PROJECT The upgrading of the two major intersectional signals has been advanced as, needed and worthy improvements at these heavily trafficked locations. S. PROJECT USAGE Daily. b. EXPENDITURE TIMING Subse uent to City Council a2proval. 7. COST OF NOT IMPLEMENTING THE PROJECT Status -will revail or the City may readvertise at a later time. it ! �► M SERVICE AGREEMENT Contract No. W-7763 07--Ora-0-HntB HES-M019(002) & HES-M021(601) City of Huntington Beach 2 Type 90 Intersection Controllers THIS AGREEMENT, made and entered into on tkis 23rd day of ,September , 1982, by and between the CITY OF HUNTINGTON BEACH, a body politic and a municipal corporation of the State of California, hereinafter referred to as "LOCAL AGENCY", and the STATE OF CALIFORNIA, acting by and through the Department of Transportation, hereinafter referred to as "STATE". WITNESSETH: WHEREAS, LOCAL AGENCY contemplates improvement at the inter- sectioij of Warner Avenue at Golden West Street and Adams Avenue at Brookhurst Street; modifying traffic signals and channelization, hereinafter referred to as PROJECT"; and WHEREAT', LOCAL AGENCY has requested and STATE is willing to furnish engineering services for said PROJECT provided all costs incurred by STATE on behalf of LOCAL AGENCY are borne at the expense of LOCAL 'AGENCY; and WHEREAS. LOCAL AGENCY and STATE desire to specify herein the conditions under which STATE services are to be provided fox and financed. !IEPARED BY D.O.T. AENDED: JG:lm 8/16/82 A NOW, THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree to as f of laws: SECTION I STATE AGREES: 1. To perform the following engineering services as authorized by Section 131 of the Streets and Highways Code; provide materials testing service, including source inspection for the construction phase of PROJECT. 2. Prior to commencement of Qigineering work by STATE personnel, to establish a special account to accumulate all related expenses and charges for all work performed on behalf of LOCAL AGENCY pursuant to this Agreement. 3. The funding for work to be performed under this agreement is as follows: Project No. HES--M019 (00 2 ) HES-M021(001) TOTAL COST Cost $1085 1085 $2170 Federal HES Funds $ 630 630 $1260 City Funds* $ 455 455 $ 910 * The FHWA will not participate in the 55% overhead charges. 4. Immediately following execution of this Agreement, to submit to LOCAL AGENCY, billing in the amount of $910.00 which figure represents LOCAL AGENCY'S advance deposit to finance the total. estimated cost lass anticipated Federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. -2- 5. Upon completion of the PROJECT to furnish LOCAL AGENCY with a final detailed statement of the accumulated costs, identifying actual hours worked and related expenses in connection with the services provided pursuant to this Agreement. SECTION 11 LOCAL AGENCY AGREES: 1. To do all work necessary for the successful completion of the PROJECT except for that work which STATE has agreed to perform in Section I of this Agreement or by separate agreement. 2. To deposit with STATE, in advance and within 14 days of receipt of billing therefor, the amount of $910.00 which figure represents the total estimated cost less anticipated federal Reimbursement of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement. 3. Upon completion by STATE of all engineering services performed on behalf of LOCAL AGENCY and upon receipt of a detailed statement and billing therefor, to reimburse STATE promptly, any amount over and above funds deposited by LOCAL AGENCY as defined hereinabove, required to complete LOCAL AGENCY's cost pursuant to this Agreement. Actual cost to VOCAL AGENCY for work performed by STATE on behalf of LOCAL AGENCY as defined hereinabove in Section I Article (4) will be determined upon completion of all such work and, final accounting of all related charges, and shall be a sum of the following: a. Salary costs computed in accordance with STATE's standard accounting procedures. ,.3_ I • 0 � b. Travel and'per diem expenses including charges for the use by such employees of STATE vehicles, if required, in accordance with rates set up by the State Board of Control Rules under Title 2, Section 706. c. Functional indirect and administrative overhead costs computed in accordance with STATE'S Accounting Manual Chapter 11, Table 6-2. d. Less any Federal Reimbursement paid directly to STATE for engineering services provided pursuant to this agreement. SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. That, LOCAL AGENCY may, at any time, or for any reason, terminate STATE'S services immediately and shall notify STATE in writing of such termination. 2. That LOCAL AGENCY will indemnify and save STA'.TTE, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by LO(.AL AGENCY personnel within the scope of this Agreement. 3. That STATE will indemnify and save LOCAL AGi''NC'Y, its officers, agents and employees harmless from any and all liability ,for injuries to persons or damage to property caused or resulting in any manner fz:orn the performance of any services by STATE personnel within the scope of this Agreement. -4- f w 4. That should any portion of the PROJECT be financed with Federal Funds or Gas Tax Funds, all applicable procedures and policies relating to the use of such funds shall apply, notwith- standing other provisions of this Agreement, IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. ATTEST: ALICIA M. WENTWORTH, CITY CLERK, ay: Deputy City -Clerk -- REVIEWED AND APPROVED: City Administrator STATE of CALIFORNIA Department of Transportation ADRIANA GIANTURCO Director of Transportation By Deputy DiStrlr.t Uirecta_w Project Development -5- CITY OF HUNTINGTON BEACH a municipal corporation Mayor APPROVED AS TO FORM: L - 11 City A orney INITIATED AND APPROVED: Di ector of Public Works u Submitted to: Submitted by: Prepared by: REQUE " FOR CITY COUNC* Date Honorable Mayor and City Council ACTION Charles W. Thompson, City Administratdr�I Paul E. Cook, Director of Public laorks Jules?Q, 19s3 ��;,it i�.N ...r rw w..rw•• Suhjsct: Modification of. Traffic Signals at the Intersections of Goldenwest 0 Warner and Erookhurst @ Adams; CC-550 Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: Statement of Issue: The plans and specifications have been completed and the project is ready to be advertised. Recommendation: It is recommended that the City Council approve the plans and specifica- tions for this project and authorize the Department of Public Works to advertise for bids for the modification of the traffic signals at these two locations. Analvsis: The City Council has previously approved the selection of a consultant to design plans and snecifi.cations for the modification of existing traffic signals at said intersections. The design includes the up-- gradinq of Goldenwest & Warner from two phases to eight phases which includes protected left -turn phases. The design for Brookhurst & Adams includes dual left --turn lanes and overhead left -turn indications. The estimated project cost for the construction of these improvements is approximately $190,000.00. The Cit%r has received approval on this project from the California Department of Transportation, since Caltrans administers all Federal funds used for highway purposes. Funding Source: Hazardous E1.imination Study (Federal monies) $171,000.00 City match:)ng funds (City Gas Tax Funds) $ 19,000.00 Total $7M, no.66 Alternative Action: Postpone advertising at this time. PCC:KH:lw P10 4181 cf n 7 d '�� c...►n• 7ivc v "a �yy - d Pw fo REQUE& FOR CITY COUN(S ACTION�'� Date August 26, 1982 Submittal to: Honorable Mayor and City Council r; 'i vo ���L .Submitted by: C. W. Thompson, City Administrato /,/� Prepared by: Paul E. Cook, Director of Public Work�,�" w•• GL Subject: Acceptance of Service Agreement Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: W..,, STATEMENT OF ISSUE: The California Department of Transportation is requesting a service agree- ment with the City to test and certify controllers for the ongoing H.E.S. traffic signal projects. RECOMMENDATION: Approve the attached service agreement for testing and certification of controllers as part of original plans and specifications. ANALYSTS: The City Council has previously approved the selection of a consultant to design plans and specifications for the modification of existing traffic signals at said intersections. The deign includes the upgrading of Goldenwest and Warner from two phases to eight phases which includes protected left -turn phases. The design for Brookhurst and Adams includes dual left -turn lanes and overhead left --turn indications. In addition, the City Council previously approved the plans and specifica- t'- nc Fcr --tin project. The City Council has also approved the Public Works Department to advertise for bids. The City has received approval on this project from the California Department of Transportation, since CalTrans administers all Federal funds used for highway purposes. FUNDING SOURCES: Hazardous Eliml.nation Study (Federal monies) City matching funds (City Gas Tax funds) ALTERNATIVE ACTION: N/A. ATTACHMENT: Service Agreeme.l': CWT:PEC:KH:jy rio 4/st Total $171,000.00 19,000.00 $190,000.00