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HomeMy WebLinkAboutInspection Engineering Construction - 2001-06-18CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: , September 12, 2001 TO: Inspection Engineering Construction ATTENTION: Jamal Deaifi Name .2775 Mesa Verde Dr., Ste. M-103 DEPARTMENT: Street Costa Mesa, CA 92626 REGARDING: Construction Contract City, State, Zip CC No. 1128 See Attached Action Agenda Item E-9 Date of Approval .6/ 18/01 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x CC: R. Beardsley Name D.'Verone Name S. Freidenrich Name Agreement x RCA DPW Department DPW Department Treas. Department X RCA X RCA X RCA Name Department RCA C. Mendoza Risk Mgmt. X Name Department RCA Bonds X Insurance X Deed Other X X bonds Agreement Insurance Other X X bonds Agreement Insurance Other bonds Agreement Insurance Other . Agreement Insurance Other X Insurance ( Telephone: 714-536.5227 ) ., j& CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 28, 2002 Darlene J. Bloom County Clerk -Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, 2000 Main Street, P.O. Box 190, Huntington Beach, CA 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self- addressed, stamped envelope. Sincerely, d'� rC ow'04611- Connie Brockway, CIVIC City Clerk /jh Enclosure: Notice of Completion — Inspection Engineering Construction —CC No. 1128 —Signal Modifications g:/followup/cashcont/ccnotice-lette2002.doc (Telephone: 714-536-5227 ) �1 WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 i Recorded in -official Records, County of Orange Darlene Bloom, Interim Clerk -Recorder l iIII!''I lllll lllll if 111 lllll 11 II IIIII II!II IIIII IIII! IIIII NO FEE 20020784487 02'30pm 09113102 i 110 25 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 t — - NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington - Beach, CA 92648, that the contract heretofore awarded -to Inspection Engineering Construction, Inc: who was the company thereon for doing the following work to -wit: PROJECT - CC NO. 1128 This project includes : Signal modifications at various locations, CC#1128. That said work was completed August 1, 2002 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 Director of Public Works on August 26, 2002, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract First National Surety was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this August 26, 200 = Director of Public Works or City Engin er City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this August 26, Director of Public Works or City Engine r City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 J-T 1/ WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 NOTICE. OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Inspection Engineering Construction, Inc. who was the company thereon for doing the following work to -wit: PROJECT - CC NO. 1128 This project includes : Signal modifications at various locations, CC#1128. That said work was completed August 1, 2002 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 Director of Public Works on August 26, 2002, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract First National Surety was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this August 26, 200 a� Director of Public Works or City Engin er City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this August 26, Director of Public Works or City Engine r City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 y y NOTICE OF COMPLETION SUBMITTAL TO CITY CLERK'S OFFICE yHun , o Beach* Please transmit this form with the Notice of Completion to the City Clerk's Office. Note: the City Clerk's Office has 10 DAYS from the COMPLETION DATE of the Project to file the Notice for recordation (per City Council Resolution No. 2002-10 adopted February 19, 2002); Please HAND CARRY to the City Clerk's Office. To: Connie Brockway, City Clerk x5404 1. Name of Company: Inspection Engineering Construction, Inc. 2. Contract Information: A. CC No.: 1128 B. Date Project Awarded by Council: June 18, 2001 C. Corresponding Agenda Item No.: PW 01-077 (See attached copy of RCA) IE— 9 3. Date of Completion: August 1, 2002 PLEASE INCLUDE: Robert A. Martinez, X-5423 Name/Extension August 26, 2002 Date Submitted to City Clerk's Office Attachment — Notice of Completion Cc: Eric Charlonne, Contract Administrator ob 5Tfl c�LSkli� r J l v Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied ..Q,(Dio&'Del ' Cler ' Signature Council Meeting Date: JUNE 18, 2001 Department ID Number: PW 01-077 CITY OF HUNTINGTON BEACH 1 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator6lz&P PREPARED BY ROBERT F. BEARDSLEY, Director of Public Wor" SUBJECT- Award Contract for Traffic Signal Modifications C-)M --------------------- Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environments tatuuAtt�Ment(s) -- D Statement of Issue: On May 8, 2001, the City Clerk received and opened bids for proposed traffic signal improvements at Newland/Warner, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater, and . Golden West/Palm (CC 1128). The projects are :now ready to award. Funding Source: Funds in the amount of $501,000 are budgeted in HES Grant Fund;- Traffic Signal Modifications, Account No. 81490007.84400. Recommended Action: Motion to: 1. Accept the bid submitted by Inspection Engineering Construction for traffic signal improvements, CC 1128, and authorize the Mayor and City Clerk to execute the contract; and, 2. Authorize the Director of Public Works to expend up to $501,000 for the project, including:$225,070 for the contract`$45,000 for change orders, and $230,930 for materials and supplementals. Alternative Action(s): Reject all bids and direct staff to pursue alternative action. Grant compliance requires the funds to be encumbered by July 1st, 2001; therefore delays may result in loss of $500,000. b: k City of Huntington Beach �- INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: Robert A. Martinez DATE: September 24, 2002 SUBJECT: Retention Release Payment Company Name: Inspection Engineering Construction Address: 2775 Mesa Verde Drive East, Suite #M103 City, State and Zip Code: Costa Mesa, CA 92626 Phone Number: (714) 240-9272 Business License Number:A218498 Local Address: Same as above - Notice of Completion Date: Contract Purpose: Release remaininig 10% money due to the contractor The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are the subject this time. D to Robert F. Beardsley, Public Wdrks Director certify that there are no outstanding invoices on file. 10-1-o'z Date a rWiib iden rich, City Treasurer ! certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. 47— 'Date( Connie Brockway, City ferrk - - Reten. release, CC1128 9/24/2002 1:53 PM WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 Recorded in Official Records, County of Orange Darlene Bloom, Interim Clerk -Recorder IIIIIIIIIIII IIIII lilil IIIII IIII IIIII Ilill Illil IIIII IIIII NO FEE E 20020784487 02.30pm 091 110 25 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00' 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Inspection Engineering Construction, Inc. who was the company thereon for doing the following work to -wit: PROJECT - CC NO. 1128 This project includes : Signal modifications at various locations, CC#1128. That said work was completed August 1, 2002 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 Director of Public Works on August 26, 2002, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract First National Surety was surety for the bond given by the said company as required by law. - .This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this August 26, 200 Director of Public Works or City Engin er City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, the undersigned, say:_I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach;. California, this August 26, Director of Public Works or City Engine r City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 ;r r DECLARATION OF SATISFACTION OF CLAIMS I, r•c�G , state: Name ot Con ractor 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled (�L !/Zoe and dated /o/ 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or .items in connection with Notices to Withhold, which have been filed under the provisions of the tes of the State of California: (if none, state NONE" I declar.e.under penalty of perjury that the foregoing is true and correct. Executed at on this A'day of bc��` , ly Zoet ontractor (Signature of C City of Huntington Beach Department of Public Works Post Office Box 194 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing 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 contractor training program provisions applicable to the wage rate paid. Signature and Title g:cc cashconl RECEIVED BY: • e_ �' •"''sue � _.. � 1 (Name) (Date) • CITY CLERK RECEIPT COPY Return DUPLICATE to Jeffrey Hughes (ext. 5260) after signing/dating CITY OF HUNTINGTON BEACH { INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTN: Jim Slobojan, Deputy City Treasurer FROM: DATE: SUBJECT: Bond Acceptance I have received the bonds for`���'1�T, �' ;�:'�'',� .�c ;,a�► (Company Name) Faithful Performance Bond No Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. MSC No. Approved � '° y 0 Agenda Item No. (Council Approval Date) Citv Clerk Vault No. g:rah/bondletter.doc FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND INSPECTION ENGINEERING CONSTRUCTION FOR TRAFFIC SIGNAL IMPROVEMENTS AT VARIOUS INTERSECTIONS WITHIN THE CITY (CC 1128) THIS AGREEMENT is made and entered into on this l§th day of June , 2001, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of -the State of California, hereinafter referred to as "CITY," and INSPECTION ENGINEERING CONSTRUCTION,' a sole proprietorship, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter. referred to as "PROJECT," more fully described as traffic signal improvements at the intersections of Newland/Warner, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater, and Goldenwest/Palm, in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in' consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor; plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, 01 agree/IEC/7/ 10/01 1 mj and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It. is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The 2000 edition including 2001 supplement of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 10801 National Boulevard, Los Angeles, California 90064, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern 01aa ee/IEC/7/10/01 2 California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed Two Hundred Twenty Five Thousand Sixty Nine Dollars and nine cents ($225,069.09) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion 01 agree/I EC/7/1 0/01 within ninety (90) working days from the execution of this Agreement by CITY, excluding delays provided for herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the contract documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the contract documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work on CONTRACTOR on the premises. CONTRACTOR agrees to perform work at no more than two intersections at any one time such that work is completed at one intersection before the next is started. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the contract documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and 01 agreellEC/7/ 13l01 4 CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount -of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. Only bonds issued by California admitted sureties will be accepted. 01 agree/1 EC/7/ 1 1 /01 5 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 12. CALIFORNIA PREVAILING WAGE LAW - PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR 01 agree/] EC/7/1 0/01 6 or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 13. CALIFORNIA EIGHT -HOUR LAW California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIGHT HOUR LAW- PENALTY Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. Ol agree/IEC/7/10/01 7 17. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 18. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 19. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; -it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500) per day for each and every working day's delay in completing the work 01 agree/1 EC/7/1 0/01 8 in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty -at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of -days -.the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. 01 agree/IEC/7/ 10/01 9 No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 20 DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 21. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the Olao ee/IEC/7/10/01 10 quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW ,shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 22. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required bylaw, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in 01 agree/IEC/7/ 10/01 11 the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 24. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 25. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which 01 agree/] EC/7/1 0/01 12 arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 27. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861 CONTRACTOR acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 28. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability 01agree/IEC/7/10/01 13 and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductibleor self -insured retention, or any other form of similar type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or O l agree/IEC/7/10/01 14 a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 30. DEFAULT AND TERMINATION, If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy. it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 31. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 32. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. Ol agree/IEC/7/10/01 15 33. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 34. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices To Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge. an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such Stop Notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 35. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 36. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 01 agree/] EC/7/1 0/01 16 37. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 38. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretaryof Labor in accordance with the Davis -Bacon Act (40 USC Section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 39. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 40. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). O l agree/IEC/7/10/01 17 CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 41. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited.from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each 01 agree/IEC/7/10/01 18 CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 41 IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. (c) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office.of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. 01 agree/IEC/7/10/01 19 (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq. ). 45. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 47. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. Ol agree/IEC/7/10/01 20 48. 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 offices the day, month and year first above written. INSPECTION ENGINEERING CONSTRUCTION, a sole proprietorship By: .op Jamal Deaifi, proprietor REVIEWED AND APPROVED: Q-v a4 Cit . dministrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California N4M qa--'4a M yor 61-IZ-e1 ATTEST: City Clerk APPROVED AS TO FO it Attoey ITIjATED D APPRIDYE!� Director of Public Works 01 agree/IEC/7/ 10/01 21 FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND INSPECTION ENGINEERING CONSTRUCTION FOR TRAFFIC SIGNAL IMPROVEMENTS AT VARIOUS INTERSECTIONS WITHIN THE CITY (CC 1128) TABLE OF CONTENTS Page No. 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. CALIFORNIA FAIR EMPLOYMENT 5 11. CALIFORNIA PREVAILING WAGE LAW 6 12 CALIFORNIA PREVAILING WAGE LAW - PENALTY 6 13. CALIFORNIA EIGHT HOUR LAW 7 14. CALIFORNIA EIGHT HOUR LAW - PENALTY 7 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 7 16. EMPLOYMENT APPRENTICES 7 17. PAYROLL RECORDS 8 18. INDEPENDENT CONTRACTOR 8 19. LIQUIDATED DAMAGES/DELAYS 8 20. DIFFERING SITE CONDITIONS 10 21. VARIATIONS IN ESTIMATED QUANTITIES 10 22. PROGRESS PAYMENTS 11 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 12 24. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 25. WAIVER OF CLAIMS 12 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 27. WORKERS COMPENSATION INSURANCE 13 28. INSURANCE 13 29. CERTIFICATES OF INSURANCE; ADD►TIONAL INSURED 14 30. DEFAULT & TERMINATION 15 31. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 15 32 NON -ASSIGNABILITY 15 33. CITY EMPLOYEES AND OFFICIALS 16 34. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 16 35. NOTICES 16 36. CAPTIONS 16 37. FEDERAL PARTICIPATION 17 38. DAVIS-BACON ACT 17 39. DISCRIMINATION; MINORITIES, ALIENS 17 40. EQUAL EMPLOYMENT OPPORTUNITY 17 41. COPELAND "ANTI -KICKBACK" ACT 18 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 18 43. CLEAN AIR ACT AND FEDERAL WATER -POLLUTION CONTROL ACT 19 44. ENERGY CONSERVATION 20 45. HOUSING AND URBAN DEVELOPMENT 20 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED 20 47. ATTORNEY FEES 20 48. ENTIRETY 21 EXHIBIT A SECTION C PROPOSAL for the Traffic Signal Improvements at Newland/Warner, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater, Goldenwest/Palm FEDERAL No. STPLHG-5181(131) CASH CONTRACT No. CC-1128 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this pron-'sh1 is accepted for award, BIDDER agrees to enter into a contract with AGENCY at th;. -unit a,-'id/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the.contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE CC-1140 >te Xstima >fe ""th'pnce"""''Uni _ uan6 rt enin wor +.r r,ce� oun I Traffic Signal Modification - Newland Street and Warner Avenue L.S. S '4�J 7 ram _Dollars &-,= Cents Lump Sum 2 Traffic Signal Modification — Boisa Chica Street and Warner Avenue L. S. %Jo Dollars Cents Lump Sum 3 Traffic Signal Modification — Edwards Street and McFadden Avenue L.S. l @,rim,//hire /f1s��s fbllars !� '.ClL7�&h� T Cents Lump Sum 1—fir y ve- 4 Traffic Signal Modification — Gothard Street and Slater Avenue 1 ..� @ ;i4v�oX f /fi0utdnels 7 lI?Wlars L.S. Si3_$. Cents Lump Sum 7757 5 Traffic Signal Modification — Golden West Street and Palm Avenue 1 .� @ / i t✓s� j/ 0/l � /����5 � olars L.S. S Lump Sum C-2 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find=i d +�1na� in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. I Date Received Bidder's Signature C-3 (Ex . & LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who %Hill perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class By submission of this proposal, the Bidder certifies: That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C4 F c- A NONCOILLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange ✓X A-L D A- Fr , being first duly sworn, deposes and says that he or** is /5) r. )/y4�R ofL�s,�EC- r .�on� �G Cdi✓sTieJG�yArty making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited an}, other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other . bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further," that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. 7 rfj -�7/$7. -Z�IS�rG�'rto.J Ci�41NEEl�'�✓G 6cwgriC'oG—/-Zavv Flame of Bidder Signature of Bidder 217S A ,eSa �Ik de r. L...' -# M 10 3 Cosh t�1�s� G� • 9 z �2 Address of Bidder Subscribed and sworn to before me thisday of 200 . JENNIFER VZDEZ COMM. #1179237 NOTARY PUBLIC • CALIFORNIA M ORANGE COUNTY m My Comm. Expires April 10.2002 9--D UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Traffic Signal Improvements at Newland/Warner, Bolsa Chica/ Warner, Ed« ardsNcFadden, Gothard/Slater, GoldenVvest/Palm, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work, in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: S o .Z�SPrcn� �Et�Ji�=�G Con/ST�IJGT.ran(C c. C� Contractor f M,4L By l Title C-6 Ex- A. DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes � No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 13'C. A - COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: Contractor ��IAL E�4r 1-PA= By Title C-s UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By , Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from -the AGENCI' upon request. BIDDER'S LNI TFORMATION BIDDER certifies that the following information is true and correct: 'NSPcGTInN r_.n/�u✓cc?2�n/C, �NST,2�JGTfon/�?�E, C , Bidder Name C ;t N7/o3 Business Address City, State Zip (7/-d)2-40-92? Telephone Number State Contractor's License No. and Class r1 Original Date Issued expiration Date The work site was inspected by of our office on 51.4 1z , 2004. The following are persons, firms, and corporations having a principal interest in this proposal: /✓P, -7 P C-10 F-X. Al The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Printed or Typed Signature t Subscribed and sworn to before me thi � ay ofk 3tj�,100 i NOTARY PUBLIC JENNIFER VALDEZ it COMM. #1179237 d U NOTARY PUBLIC • CALIFORNIA V can ORANGE COUNTY cc My Comm. Expires April 10, 2002 Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 2. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type ofVork Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Contract Amount Type of Work Date Completed C-11 tX- N- I,ocul assistance Procedures Manual F.X1111111- 12-E hti�\F: Checklist Instructions Att•rchntent L LOCAL AGENCY BIDDER -DBE INFORMATION This information Ina, be Su�IIIltled tt llh \tro111*01710saI. II' it is tit) I, and %OLI arc the apparent lutt hiddcr or the second or third it)%%- bidder. it rhos; he submitted and rccci\cd b\ the administering a_enc\ no Etter than the time soccitied in the st\cctal nrv\ tsi0rt>. - - CO. RTE.'P.`i.: C0N T RACT NO.: BID A.%IO0 'NT 22�V��� 317 C-? �(\G .DATt: - elt'l BIDDER'S NA.%IE: 1nl,�pc�ani ENf . Ga�STi�'UGTrDi✓ C • �, C, .ADDRESS: �/�Drr '. q tyvc, DBE GOAL FR0%1..CONTR.�CT °U -R-.CT I T '.: 0 I i L\I C 0lk.- a\I) I DESC tit'; :0� OF ��OR'K OR SLR`• :CS TO BE SC3CON T RAC ED OR Nl,y7ERIAL: TL) S ?R0VIDLD =.M'_ 0� DUE " \�n;c ui DU ... Ccrrltic�tion `.umber. an„ Tcicpnune ~umber) DOLL.aR AMOUNT "' DBE PbRI E:\T ••• D8S f re6 r Uw; ✓e --c I,J`iv/es e ;Inc. r f�r.ckeYbTli-r CT da2463 CIO Total Claimed S Participation '0 ' .: ,nn",, )1 :tern Is not to .e Inc. :urmed Ur Iurnl,r::: z'• D13L. &,tribe CS.Kt portion. Including_ planned location of :\urk to :e ul Item W ncrfurnicd or :LrnLiT, :% DUE '• DULN mus: x ceruiicd Calirzns on Inc J.ac:.:-::re upcnc;. Subcontractors and Dupphcr, :erwivJ state-funJcd only .:znnut be u<cd to inec: :i: on tcderali•. fundc,::orttract;. for a Jilt suppiler..,hu :< nut a Tanufa::_ :::. limued :u oir' , of the amount paid to the supplier. (See Sc::ron DI��Jvari::_cJ twin%: <" tDUEj of the cpcciai ^ruv,siunci IMPORTANT: Names of DBE subcontractors and their respective item(s) of \vork listed above should be consistent \\ith the name and items of work in the "List of Subcontractors" submitted \\ith \our hid oursuant to the Subcontractors Listing Law. I_n:::urc 01 Bidder Date (Are:,. Code) tel. No. JAAm-z-,C c /ri I'cr,,jn to Contict (Please t%p: or print) %I IS ri, nuu•\I IS rn )act. nF.PI.OF 1"i1.\,SI'0Rr\,t'tO,, I „ribm:,l:(.,htrn. r)I.AF I..r MIS rruiCCl�..i:I Cury L �c�l.,\��n�; rny�cl lilt (t-Tt) 011F..) M0011:11 1) 1)( -OI. Iv (1((v u).tx-94) Pa);e 12-97 X, _ hchruary I, lw)x I.ucal assistance Procedures Manual EXHisrr 1.-F 1,S&F. Checklist Instructions .attachment C (TtIE BIDDER'S E.\'EC L'TIOA' ()%' TIIF. SIG,V:I TURL•' PORTION' OF THIS PROPOSAL SHALL ALSO Cl).VST17'L'T:" .•I.V E,VDORSE,t1E.VT A.%'D EXECUTION OF Tt1USECERTIFIC.4TI().�'S 1l'i:IC'H.-IRE.-( P:IRTOFTbl1SPROPOS.4L) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION he bidder �i►/,5' CGT .r, &, C, )proposed e _ ��n;rector hereby certifies that is has not ✓. participated in a previou:::ntract or subcontract subject to the equal opporturit.: as requir!C by Executive Orders 109:5...: 14. or 1 i "46. and that, where-eouired. he has files a "Ch t..e 1o,nt Reporting Committee. the Director of Office of Federal Contract Compliance, a Federal Gover7i,nent cor.t-acting or administering agenc.•. or the former President's Committee on Equal Fntpic:. Went Opportunity, all reports due under applicable filling requirement;. Mute. The abo e certification is required by .,._ =ccal ..molovr; ent Opportune Regulations ofthe Secretor% of Labor (,1 CFR 60-1.1.(b) (1)1. and must be submitted by bidders and proposed subcont-actors only en connection with contracts and subcontracts which are subject to the eccal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity cia e are set forth in _' 1 C.FR 60-1.5. (Generally only contracts or subcontracts of S 10,000 or undo- are exempt.) Currently. Standard Form 100 (EEO-1 ):s :he only report required by the Executive Orders or their implementin_ re;ulations. Proposed prime contractors and subcor;:-actors who have participated in a previous contract or subcont-act subject to the Executive Orders and have not filed the required reports should note t;^,a: I CFR o0-1.,(b) ( 1) prevents the auvar;: ofcontracts and subcontracts unless such contractor submits a report covering the delinquen: period or such other period specified by the Federal rie?hm,-ay Adminis:ration or by the Director. Offi:e of Federal Contract Compliance, U.S. Department of Labor. c 0. Page 12-77 I,u�al .kssistance Procedures Manual ExH1Brr 12-E 1 s&E Checklist Instructions Attachment E DEBARMENT .AND SUSPENSION CERTIFICATION TITLE 49. CODE OF FEDERAL REGULATIONS, PART'_9 The bidder, under penalty of perjury, certifies tl:: ;. except as noted belotiv, heor any other person ;t;soci;teed therev,-ith in the capacity of o\%ner. p r:ner, director. officer, manager: • Is not currently under suspension;. debar::ent. voluntary exclusion. or determination of ineli�_ibility :deral aaencv- bL any Fe �• -:as not be:n suspend,d. excludes or determined ineh_ible by any Federal agency %vithin the oast 3 vrzrs: .�• Does not have a proposed debarment pen.':n;: and ; :as not b:en indicted, convicted. or had a :;vil judLyment rendered against it by a court of competent ;urisdicticn in any matter invok-In: fra::_z or official misconduct within the past 3 years. an.: e.x:Lptions to this certi;;cation. ;::sera the exceptions in the follo��-ing space. necessarily result in denial o' 2,vzrd. but H be considered ire determining bidder responsibility. For any exception noted above, i-:dicate below to whom it applies, initiating agency, and date, of action. Nuts,. Providing= false information may result In criminal prosecution or administrative sanctions. The abo,•e certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute si_naturc of :his Certification. /�• A- Page 12-HI Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment D Noncollusion Affidavit - (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY / COUNTY of HUNTINGTON BEACH / ORANGE DEPARTjW--- %% ' OF P UBLIC WORKS. In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and riot collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anvone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part ofthe Proposal. Signing this Proposal on the signature portion thereof" shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 12.s.39 AX_ A . Page 12-47 ,ocal Assistance Procedures Manual ITT 12 E g8E Checklist Instructions Attachment F. DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated 'herewith in the capacity of owner, partner, director, officer, manager. Z. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any v Federal agency; Has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; Does not have a proposed debarment pending; and Has not been indicted, convicted, or had a civil judgment rendered againstt it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. �� 2 Local Assistance Procedures Manual EXHIBIT 12-E ps&E Checklist Instructions Attachment F NONLOBBYLNG CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or he: knowledge and belief, that: (1) No Federal appropriated funds have bee. paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to ir.= uence an officer or employee of any Federal agency, a vle:nbe- of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of anv Fed:7=1 contrac:, the making of any Federal grant, the making of any Fed_-sl loan, the entering into of any _ooperatiye agreement, and the extension, continuation, renewal, a-nendment. cr modification of Federal contract, grant, loan, or cooperative agreement. (2) If anv funds other than Federal appropriated funds have been paid or will be paid to anv person for influencing or attempting to influence an ;,fflcer or emplovee of anv Federal agency, a -Member of Congress, an officer er emplovee of Con -ess, or an emplovee of a Nfember of Congress in connection with this 'Federal contract, grant, loan, or :coperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its inst:4ctlens. ?;,is ce-:ification :s a material representation of fac: upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this tra^.sac:ion imposed by Section 1352, Title 31, L.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than 510,000 and not more than 5100,000 for each such failure. T ne prospective participant also agrees by submining his or her bid or proposal that he orWe' shall require that tag languaae of this ee; tification be included in al', lower tier subcontracts, which exceed S 100,000 and that all succ subrecipients shall certif; and disclose accc-dingly. �l• - 12.4-39 -- — Pace 12-51 ;FIRST NATTONA� .S�RETI' BID BOND KNOW ALL BY THESE PRESENTS, That we, INSPECTION ENGINEERING CONSTRUCTION of 2775 MESA VERDE DRIVE, STE M-103, COSTA MESA, CA 92626 (hereinafter called the Principal), as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the penal sum of TEN PERCENT OF THE AMOUNT OF THE BID ' 2 �� 9 Dollars (S 107 OF BID ) for the p33,ment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by. these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That Whereas, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for TRAFFIC SIGNAL IMPROVEMENTS NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 2nd day of MAY W itness 2001 INSPECTION ENGINEERING CONSTRUCTION (Seal) Principal Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA SHAWN BLUME Attorney -in -Fact S-3208/EP 7/94 �X A- STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE On ,�-� before me, R. STANDLFY PERSONALLY APPEARED personally known to me ( -­ - '^ - FL,c. i...-t4 .to be the person":— whose name{+ subscribed to the within instrument and acknowl- edged to me that he/&'4�== execute : the same in his/ authorized capacity(ies?, and t-nat by his/4e--/ 4i,ei signature(-+•} on the instrument the person•L" or the entity upon behalf of which the person:: --acted, executed the instrument. IVITNESS my hand and official•seal. Signature SHAWN BLUME OPTIONAL r I 7R. STAND! EY ' C0101741'. #1263272 4i NOTARY PUBLIC • CALIFORNIA N RIVERSMS COUNTY My Comm. Expires JU107.2004 This aren for Official Notnrinl Seal Though the data below is not required by lay.. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER T(TLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE iD-Gs] Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY 4333 Brooklyn Avenue N.E. Seattle, WA 98105 KNOW ALL BY THESE PRESENTS: FIRST NATIONAL INSURANCE COMPANY OF AMERIL 4333 BROOKLYN AVE NE SEATTLE, WASHINGTON 98105 No. 9882 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ............................................................Si14WN BLUME; Riverside, Califomia............................................................ its true and lawful attorney(s)-in-fact, with full authority to exe=--- on behalf of the company fidelity and surety bonds or undertakings and other documents of a sir character issued by the company in the course of its business and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if s instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 8th day of June 1999 9-101 M V i 0 Of R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws c` FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fad or under other appropriate titles with author execute on behalf of the company fidelity and surety bonds an-4 other documents of similar character issued by the company in the course of its business... Or instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bor. undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal sha' be necessary to the validity of any such instrument or undertakinc" ExtraK from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Lay.-s, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws anc Resolution of the Board of Directors of this corporation, and o` a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Law, Resolution and the Power of Attorney are still in full force and effete . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this day of SEAL 19 2 t5A� 4 R.A. PIERSON, SECRETARY S-1049/FNEF 7/98 -tl. A - 618j City Person to contact Proiect Amount Complete Caltrans Mr. Abdallah Alfakhouri Traffic Signal $300.000 12/2/99 (562)-401-3333 Ext 235 Anaheim Mr. Ken Riggins Traffic Signal / 5130,000 10/25/00 (714)-376-6744 Street Light/ Interconnect - Hermosa Mr. Homayoun Behboodi Traffic Signal/ 5164,000 6/l/00 Beach (310)-319-0212 Interconnect Tustin Mr. Doug Anderson Traffic Signal $98,000 10/1/00 (714)-573-3172 Anaheim Ken Riggins Interconnect $120,000 11 /1 /00 (714)-376-6744 Fullerton Karen Kobayash Street Light $115,982 In Progress (714)-738-6867 Orange Dennis Schmitz Traffic Signal $199,000 In progress (714)-532-6427 mot. A- 2775 Mesa Verde Drive East. Suit M 103, Costa Mesa, Ca 92626 (714)-285-6965. Fax (714)-434-7719 License # 767793 FROM IEC FAX N0. 7144347719 Aug. 23 2001 03:27PM P2 03:OOPM EVME:ZT IfrzURrMCE P. . . ACOi�D. CERTIFICATE OF LIABILITY INSURANCF;b = 'AT"/24/" i Ol� oRLDUCIR �- THIS CE TIFI TE 9 I ED AS A MATTER F INFORMTIO� mv®te91t Zasasmace serviced 1,40 ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE P. 0. Box 10788 HOLDER, THIS CIWIFICATE DOES WOTAAMD, EXTEND CA 1661 E Fourth St., Suite ISO ALTER THIN COY@RACEAPFORDBD BY TMIS POIJOES BELOW. Attata A&& CAI. 92703.IN$UR6Ft3ARPOR01NGC0YERAGE Viso"! 714-969-0900 FaX:719-E09-0807 NISURCR L clareadoa stational Zhupe ati ai�I��aQiaeeila9. cs�u}>ras. _ IN"ellC JA0al DOa1�Yi 2775 I r InELNFHO: COStB A3 92 26 IN66,W�k E- AVERAGES TNH OOLICIED OF INTLIRANOE LISTED IELOW HAV9 309 ISSUED TO TNC Wes+JAtEP N EpABOVP, FOR THE POLIO/ PER}OOINOICATEO. NOTWIT"3TANOWC ANY R60WREMENT., TERM OR OONOITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO AMFfeN TNIe CERTIFICA'E MAY EE I!k9JE0 Ox MAY PERTAIN, THE MURANCE AFFORDED BY'!I+Q 00UCf6617E6CR19E0 merxE N IS WRJECf TO ALL THE TERAAS. EXCLUSIONS AND CONDITIONS OF SUCH POLICtE1 ASGIRMAfE ULNTS 480rM MAY HAVG IEnN REOUCED SYPao CLAA M fAVO OF 9vOF 6votlaq= sDliCr MWSHt v IreT P ltkre GiNfltAL LWNLyrY ' EACN OCCLWMWE it FM Ona'AGE (Art) 4m Oro} f CDM►tPGCInL CEA9iRAL L:•A80.11Y GLAIR. KkDe El CCC'lii I � MCL W IMy mr Person) I W A3G;MATt d VT *PCA, eS;'a Q IF-•--�1 POLICV l' � 9f(p( 4'M - CCNPIGP ACY � 11 AuTOMOSll6 LI A010Y AMY NJTO �G�t}vo4ty awcoL6VKT I6R -cacew 4L OMCDAU709 SCKLID"SDAWTDS 9QDILY INJLf:Y OO' Cavm) P,�101LY IN,NkT Pw ars+otl.ra} 3 PQQfb U roGntow+EO Ai} T08 tver «aoami } GARAGE UAWWN �• ALRO DNL4 - F1-ACC 100fr f u1TORCnILY~ Ax 11 ANYAlTO ( r 184CM LIABILITY oDc,x c�aA9su.Ilza 1 ! r - 050LI Meg: { Q"&mC" f 1?7 GAT By; OVER AST H TTON, Deputy C1 FORM:{ ity A or y Attorney----- ucaLaaET i Ar,6RECdLA t t a f 1► jcA�Lor�s WDR%!RB DOlfWEN"710N AND LIrAB>Lm l 021=021573 09/24/00 09/24/02 }L p�(j-�. �yq I EL EMIInCCIGeN+ 31,000 U00 E l OI�4CEiEF EdAPL0�5 1, 0 0 0, 0 00 E L. O'SENSE•POLICY;.IkR f1,001),000 OTFIfa DIEBC CO OC�iAl17N4:l:OGATIONAWCIAGLGCf 3lDY1S ADDED lY CNc6Ft59hC!s GAL M A(Illit aoveriag: opexatiQ03 a tha AumaA .iasuzed. 232etailation of traffic signal and lighta.t30 days £Or noapaymeat of premlumi. Waiver of tumsogation AandorsamlLafft to =ollvw. ..crc �Y•wwrC RVA.4rn j fi I AWW"W" IMBURECi MOWRK L.6TTFAFR km"VCb'6mjkVrl him 9wOVr0 Uvv OFT+EA80VE OA°OCA11(3E0 POLm66 B6 CaNLEllkO 8t>rORIT�C WcwiAhON' DATE TMOP, THE IBOJWA 9U WUlt Wei(, ftwL * 30 CAY$ WwraN City of iil3DtflABCoiL ReachNOTC6 TV THE CERTIFICATE WA.01 . NAMM TO TsO. Lb- T, i 2000 Main at. 9U0tiA9t033 ba"h CA 92648 ' ItRsNMAneIl. ACORD ?Sw917A97) C ACORD CORPORA710N IM FROM : IEC FAX NO. : 7144347719 Aug. 23 2001 03:27PM P3 ;1.G 24 '01 03:31PM EVERE:SI IirSUP,PNCE CLARION NATIONAL INSURANCE COrdfA Y A Stock Company Newark, New Jersey 1177 Avonae of tbo Americas (44 & 43"1F'luurs) New York, NY 10036 WORKERS COMPT", ATION AND EMPLOYERS LIABILITY 1NSVRANCE POLCCY NI SCIILLANEOUS INFORMATION ENDORSEMENT WORKERS' COMPENSATION AND EMPLOYERS' LTARILITY' IINSURANCE POIICY 'WAIVER 01; OUR RIGHTTO RECOVER FROM OTHERS Named Insured; I)SAIF7, JAMAL (I), Y)AA: INSPECTION ENGINEERING CONSTRUCTION Policy No:02KR-0021.573 Effcctive:08/15/01 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not cnfome our right against the persons) or nrgarti2ation(s) named in the Schedule. (This agreer"m applies only to the extent that you perform work under a written contract ihatrcquires that you obtain this agreement from w. You must maintain payroli records accurately scgmgating the remuneration o?your ernploy:es while engaged in chc wo:•k dca.r'bed in the Schedule. The additional premium for this endorsement shalt be 5% of the California Workers' Compensation premium otherwise duc tin sueh remuneration. It is hereby agreed that 30 days notice of cancellation will be provided to eertH1cut& bolder at address shouted below, but failure to mail such notice shall impose no obligation or liability of any kind upon the compuny, its agents, or representatives. 10 days narice of cancellation will lac provided for stork-psytaeat of premium; Mavmum Premium: 350.00 Schedule: iQW Jib, escrin 'ga CITY OF HUNTINGTON REACH ALL OPERATIONS 2000 MAIN ST. HUNI"INGTON BEACH CA 92648 AUTHORIZED REPRESENTATIVE This endorsement changes YS c policy to which it is attached and is effective on the date issued uriloys o4wrM!.e stmucd. Endarazrnent d4 Issued: 08/15/01 we 04 03 oe DATE (M W-- D D/w)- i 7131101 PI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION FARM E R S- ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Dalati's Insurance Agency License #0768138 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY FARMERS INSURANCE COMPANY A (714) 956-2222 - Fax: (714) 956-2434 791 S. Brookhurst - Anaheim, CA 92804 INSURED INSPECTION ENGINEERING COSTRUCTION COMPANY COMPANY C JAMAL DEAIFI 2775 MESA VERDE DR. # M103 COSTA MESA, CA 92626 COMPANYD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIDDrYY) POLICY EXPIRATION DATE (MMIDDIN-Y) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 3,000,000.00 PRODUCTS - COMPIOP AGG S I �000,000.00 A COMMERCIAL GENERAL LIABILITY 015690 02 91 6114101 6114102 . PERSONAL & ADV. INJURY $ 1,000,000.00 MS MADE [0] OCCUR. EACH OCCURRENCE $ 1,000,000.00 A ]a OWNER'S & CONTRACTOR'S PROT. FIRE DAMAGE (Any one Fire) S 76,000.00 MED EXP (Any one person) $ 5,000.00 A AuromOMLE LIABILITY ANY AUTO 016690 02 91 6114101 6114102 COMBINED SINGLE LIMIT $ 1,000,000.00 BODILY INJURY (par person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ E] GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ q AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ iUMBRELLA FORM R, $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS* LIABILITY THE PROPRIETOR/ INCL PARTNERSIEXECUTIVE Fo OFFICERS ARE: 1171 EXCL STATUTORY LIMITS EACH ACCIDENT DISEASE - POLICY LIMIT $ DISEASE- EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONSILOCATIONS(VEHICLEWSPECIAL ITEMS SUBJECT: SIGNAL MODIFICATIONS AT VARIOUS LOCATIONS: CC1128 CONSTRUCTION CONTRACkPPROtEM AS TO FORMS CITY OF HUNTINGTON BEACH ITS AGENTS, EMPLOYEES AND I i IN) N C i ty-'- OFFICERS AS ADDITIONAL INSURE6 At ornsg ty Attorney ME CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 2000 MAIN STREET EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL*j"5MMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, HUNTINGTON BEACH, CA 92648 Xw MMIX r*) e �5"v rffft ft Rw5m)rc AUTHORIZED REPRESENTATIVE -t �'I—IJ`J'-1`1ib 1J• 17�+ rrwr r �.n�. �.rp�• ..�.�..V a . a .. •_-. � . _� Additional Insured - Owners, Lessees or Contractors (Form 8) CG 20 10 11-85 Policy Amendment General Liability Ngurtco-. INSPECTION ENGINEERING POLICY NUMBER. 015690 02 91 CONSTRUCTION PRODUCER: DALATIS INSURANCE 9G%RN1CY FFFt=C:rIV;-: DATE: 07/31./O1 - SCWEDULE game Of Person Or Organization: CITY CF HUNTINGTON BEACH ITS AGENTS, OFFICERS ANp EMPLOYEES r•• O. cox 1eo HUNTINGTON BEACH, CA 92648 (IF NO ENTRY APPEARS ABOVE, INFORMATION REQUIRED TO C0MFLETE THIS ENDORSEMENT WILL BE SHOWN IN THE DECLARATICINS AS APPLKCABLE TO THIS ENOOP•SEMENT.) WHO IS AN INSURED (Section I!) is amended to in- liability arising out of your work. for that insured by dude as an insured the person or organization or!oryou. shown in the Schedule. but onfy with respect 16 PRIMARY INSURANCE ENCOR3E :'ANT It is agreed that such insurance is afforded by this policy tar ,he benefit of INSPECTION ENGINs any ClE.ERfiNG Par � Bar^f;A;ubcontractoes erations cr b shall 5e prmary as respects any c a.m, css c + . , •� � ., p Y its independent contractors and any other:nsurance maintained by the above referenced additional insureds shall be non-contnbutory wrth the insurance provided hereunder. % Jcb: SIGNAL MODIFICATIONS_AT VARIOUS LOCATIONS: CC1128 CONSTRUCTION CONTRACT This Form rn..;s. 7e a::acnea :o Cnange Erdarcmtrt wra-r arq- ;re Policy is wr-rtn- ONE CF FHc FIREMAH'S FUNC InSURAtiCE COMPANI:S NAMED :v 74-5 POUCY PIGS Cent r "o..t.r�t C:T+rW�rR! �.��;c•��r of :n:ur�nt� S�r:.ces �:r,ce ,,,� ,�E� FARMERS` Dalati's Insurance Agency License #0768138 I (714) 956-2222 • Fax: (714) 956-2434 791 S. Brookhurst • Anaheim, CA 92804 i O d] 4333 Brooxl,%zu Avenue N.E. Seattle, WA 98105 PERFORMANCE 6OND Conforms with The American Institute of Architects A.I.A. document No. A311 IMOW ALL BY THESE PRESENTS: that INSPECTION ENGINEERING CONSTRUCTION 2775 MESA VERDE DR STE. M-103 COSTA MESA, CA 92626 Bond No. 6122468 PREMIUM: $4,376.00 EXECUTED IN FOUR COUNTERPARTS (Hors Imen full name and sddrei—_ or legal title of Contmet r) as Principal, hereinaier called Contractor, and, FIRST NATIONAL INSURANCE COMPANY OF AMERICA 2677 N . MAIN STREET SUITE 600 (Here insert full name and address or legal tills o(Suret» SANTA ANA, CA 92705 as Surety, hereinafter called Surety, are held and firmly bound unto (He.•e insert full name and addreas or legal Mlle of U+ner) CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 as Obligee, hereinafter called Owner, in the amount of T NTO HUNDRED TWENTY—FIVE THOUSAND SIXTY—NINE AND 09/100 — — — — — — — — — — — — — — — — — — — — Dollars ($225,069.09 — — )• for the payment whereof Contractor and Surety bind thmselves, their heirs, executors, administrators, succcssors and assigns, jointly and severalty; firmly by these presents. N%q=AS, Contractor has by R-rittcn agreement dated earexed into a. contract 7ithOwner for SIGNAL MODIFICATIONS AT VARIOUS LOCATIONS; CC 1128 (Here insert full name, address and descriplion of prolecQ in accordance with Drawings and Specifications prepared by (Here Insert full rams and addre s or legal title of Arohilcci) which contract is by rcfesence made a part hereof and is hereinafter referred to as the Contract, P 51 S• 12 , 9:F4s 2J9 a Page 1 of 2 0 Rcgislered trademark of SAFE -CC) Corptra:ion. PERFORMANCE BOND NOW, TliE.REFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extensi on of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having perforined Own &- s obligations thereunder, the Surcty may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance pith its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between. such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the Signed and sealed this 3rd day of AUGUST (Witness) contract or contracts of completion arranged under this paragraph) sufficient fonds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph bcrwf. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by OYrner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owuter to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. 2001 INSPECTION ENGINEERING CONSTRUCTION (Seal) f(Principal) (Title) FIRST NATIONAL INSURANCE COMPANY OF AM. ER I CA (Seal) (Witness) � (Surdy) (Title) SHAWN BLUME, ATTORNEY —IN —FACT 5.1219/FNEF 21:s Fage 2 of 2 STATE OF CALIFORNIA COUNTY OF RIVERSIDE Ony/ 3/ 0/ , before me, PERSONALLY APPEARED SS. R. STANDLEY personally known to me (ter proved to = ^ tl,Q la,s;s of .ati=faCt4ar�z.ati ic3c___�; to be the person(-} whose name(+ is/ara subscribed to the within instrument and acknowl- edged to me that he/.&U@,1ke�L-executed the same in his/ authorized capacity4e-s4, and that by his/kef/ 44eir signature* on the instrument the persoi-44 or the entity upon behalf of which the person4)-ected, executed the instrument. WITNESS my hand and official seal. Signature _ OPTIONAL SHAWN BLUME R. STANDLEY� F °8�#1263272COmPA. 2rC ULIFCRNIA A NOTARY ?LLIlTf\ ,09 ILy Ccr, m. axcir^ :une 7, � 4 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT 4333 Brooklyn Avenue N.E. Seattle, WA 98105 LABOR AND MATERIAL PAYMENT BOND Bond No. 6122468 Conforms with The American Institute of Architects PREMIUM INCLUDED IN PERFORMANCE BOND A.I.A. Document No. A-311 EXECUTED IN FOUR COUNTERPARTS THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL BY THESE PRESENTS: that INSPECTION ENGINEERING CONSTRUCTION 2775 MESA VERDE DR. STE. M-103 COSTA MESA, CA 92626 (Here insert full name and address or legal Lille of Contractor) as Principal, hereinafter called Principal, and, FIRST NATIONAL. INSURANCE COMPANY OF AMERICA 2677 N. MAIN STREET, SUITE 600 (Here insert full name and address of legal title of Surety) SANTA ANA, CA 92705 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 (Here Insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of TWO HUNDRED TWENTY—FIVE THOUSAND SIXTY—NINE AND 09/100 — — — — Dollars($225,069.09 — — )• for the payment whereof Principal and Surety bind themselves, their heir, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated with Owner for SIGNAL MODIFICATIONS AT VARIOUS LOCATIONS; CC 1128 in accordance with Dia"ings and Specifications prepared by , entered into a contract (Here insert full name, address and description of project) (Here insert full name and address or legal lute or Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. S•1220rFNEF 2M Page 1 of 2 6 Registered trademark of SAFECO Corporation. LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDMON OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in frill before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor eras done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials Signed and sealed this 3rd day, of AUGUST (Witness) { were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. . 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. 2001 INSPECTION ENGINEERING CONSTRUCTION (Seal) (Principal) FIRST NATIONAL INSURANCE COMPANY OF AMERICA (Seal) (a fitness) (Surety) SAAWN BLU14E, ATTORNEY—IN—FAC _ (Title) 11 S J. V IFORY :SV 11i ; z"U'ITOIT, City Attorney DGlni'l J" Attorrley SA2201FNEF 2198 Page 2 of 2 STATE OF COUNTY OF CALIFORNIA RIVERSIDE On o` , before me, PERSONALLY APPEARED SS. R. STANDLEY personally known to me (or ,Qd tQ nag o^ tlma h's;-� to be the person(} whose namef-+ is/axa subscribed to the within instrument and acknowl- edged to me that he/e5-executed the same in his/ U@ authorized capacity4es), and that by his/4efJ 4ke4r signature* on the instrument the person(4 or the entity upon behalf of which the person44-acted, executed the instrument. WITNESS my hand and official seal. Signature SHAWN BLUME OPTIONAL R. S1ANDILLE7 C0t'0;M. #7 253272 cc ROTARY PUBLIC - CALIFORNIA y RIVERSfCF: COUN7Y ^wr fi!y Com-. Ex,irss Jung 7, 2004 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ]D-081 Rev../94 ALL-PURPOSE ACKNOWLEDGEMENT 10"N' FIRST NATIONAL INSURANCECO.OF AMERICA 4333 Brooklyn Avenue N.E. Seatde,WA 99105 EXECUTED IN FOUR COUNTERPARTS MAINTENANCE BOND Bond 6122468 PREMIUM INCLUDED IN PERFORMANCE BOND KNOW ALL BY THESE PRESENTS, That we, INSPECTION ENGINEERING CONSTRUCTION as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH as Obligee, in the penal sum of TWO HUNDRED TWENTY—FIVE THOUSAND SIXTY—NINE AND 09/ 100— — — — ————————————————————— — — — — —— ($225,069.09— — — — — -- )� to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the CITY OF HUNTINGTON BEACH SIGNAL MODIFICATIONS AT VARIOUS LOCATIONS; CC 1128 dated for WHEREAS, said Contract has been completed, and was approved on day of 19 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of ONE year(s) following completion of the Contract then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. Signed, sealed and dated this 3rd day of AUGUST , 1% 2001. INSPECTION ENGINEERING CONSTRUCTION (Seal) (Seal) (Seal) Lp NATION SURANCE COMPANY OF AMERICA BY: -�tY City 1ttcrne�v Y SHAWN BLUME Attorney -in -Fact S-3210/EP 7/94 STATE OF CALIFORNIA COUNTY OF RIVERSIDE On O/ 3101 / , before me, PERSONALLY APPEARED SS. R. STANDLEY personally known to me eatisiaetGr-y to be the person(4 whose name* is/4;& subscribed to the within instrument and acknowl- edged to me that he4ko44hey_executed the same in his/ .hQr- 4a@iF authorized capacity4@6), and that by his/fief-/ 4heir signature* on the instrument the person4 or the entity upon behalf of which the person(-s4 acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL SHAWN BLUME R siANDLFY a :t CorAM. #1263272 A .: '•) unrn�sv PURLIC . CALIFORNIA r RIV�R�IpECOUNTY �::.;;•:�-,✓ MY Camm. EAPire� June 7, Z004 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-osl Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT ST AL -�JA`I'IONAL STREPY 4333 Brooklyn Avenue N.E. Seattle, WA 98105 KNOW ALL BY THESE PRESENTS: POWER FIRST NATIONAL INSURANCE COMPANY OF AMERICA 4333 BROOKLYN AVE NE OF ATTORNEY SEATTLE, WASHINGTON 98105- - No. 9882 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint Riverside, Califomias«s++sss««+s*sss*s++«r++«*ssw*+++s«ssssss++swr«+sr*sss•«++ss++s its true and lawful attorneys) -in -fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 8th day of Arne 1999 R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: 'Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking. Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. ' IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation SEAL 1928 \rf ...% this 3j� day of/ R.A. PIERSON, SECRETARY S•1049/FNEF 7/98 6/8/99 PDF e CITY OF HUNTIIVGTON BEACH P.O. BOX 711 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 CITY TREASURER'S OFFICE BUSINESS LICENSE DIVISION INSPECTION ENG CONSTRUCTION 2775 MESA VERDE DR E , UNIT M103 COSTA MESA CA 92626 Dear Huntington Beach Business Owner: Thank you for your payment. Attached is your City of Huntington Beach Business License for the coming year. Please note the expiration date of your license. Approximately one month prior to this date, you will automatically receive your renewal notice for the next year. For commercial locations, please post license in a conspicuous place. Please notify the Business License Department if there are any changes of ownership, address, business names or types of business conducted. Additionally, please notify the city if you discontinue your business. There are many resources available to our licensed business people. We have listed a few that might be of interest and assistance to you. City of Huntington Beach Economic Development Department 714-536-5582 Huntington Beach Chamber of Commerce 714-536-8888 Huntington Beach SCORE (Service Corps of Retired Executives) 714-550-7369 Fictitious Name Information 714-834-5285 State Board of Equalization Resale Number Information 714-558-4054 If you have any questions, please contact the Business License Dept. at 714-536-5267. 1tW�� BUSINESS NAME/ADDRESS Business License LICENSENBR.: A218498 INSPECTION ENG CONSTRUCTION DATE ISSUED: 08/01/2001 T OWNER/MGR: JAMAL DEAIFI THIS LICENSE IS ONLY FOR THE BUSINESS AND TYPE SHOWN. IT IS FOR THE PERSON TO WHOM ISSUED AND IS NON -TRANSFERABLE. RENEWAL IS DUE ON THE EXPIRATION DATE. POST IN A CONSPICUOUS PLACE EXPIRATION DATE: 08/01/2002 FEE PAID: 115.00 TYPE CODE: KA ALAN SLATER, EXECUTIVE OFFICER AND CLERK OF THE SUPERIOR COURT O F ORANGE COUNTY SUPERIOR COURT PROBATE COURT OPERATIONS 341 THE CITY DRIVE P. O. BOX 14171 N G E ORANGE, CA 92613-'1571 Iq CLERK OF THE SUPERIOR COURT DATE AUGUST 1, 2001 •1' ' w rIt •1 •I' :I' �••.• 1 •" Y:1' ''1 • :r• •:• •• 1 •� •• 1! •' •.• r' V• Y' •1' •I•� I DO PtkE ER, CERTIFY THAT A COMPLETE LIST OF ALL INSURERS ADM MMW TO TRANSACT SURETr INSURANCE IN THIS STATE, AS CMFCW D TO THIS DEPARTMENT BY THE INSURANCE C MMISSICNER, IS ON FILE IN THIS OFFICE. FARMERS INSURANCE EXCHANGE IS CH THE LIST AS ONE OF THE INSURgRS ADMITTED TO TRANSACT SURETY INSURANCE IN THE STATE OF CALEFaRNIA. 1 Y I:ri ':Is• p•' :I:r' P11 • •1' ► II I/ •��1 :I' •' :I LINDA C. WALLACE FROM : IEC FAX NO. : 7144347719 Aug. 2B 2001 04:17PM P2 ALAN bLATk:lt, t;XELLJ1:l.V6 Ul!t lUth ANU CLERK OF THE SUPERIOR COURT V -FY (D F ORANGE COUNTY SUPERIOR COURT PROBATE COUWP OPERATIONS 341 THE CITY DRIVE P. 0. BOX '14171 FRAi�J G c ORANGE„ CA 92613-1`)'71 CLERK OF THE SUPERIOR COURT CERTIFICATE OF FACT DATE JULY 13, 2001 I ALM SLATER, E MCUTIVE OFFICER AND CLERK OF TEE SUPERIOR COURT IN ABED FOR TEE OOUN'TY OF ORANGE, STATE OF CALIFORNIA, DO HERESY CERTIFY THAT I AM THE OFFICIAL CUSTODIAN OF THE RECORD OF THE SUPERIOR COURT, COUNTY OF CAtMMi STATE OF CALIFORNIA. I DO ETWBER CERTIFY THAT A MMPLETE LIST OF ALL INSURERS "7TiTED TO TRANSACT SURETY INSURANCE IN THIS STATE, AS CERTIFIED TO THIS DEPAR21ENT BY THE INSURANCE CCMMISSIONER, IS ON FILE IN THIS OFFICE. FIRST NATIONAL INSURANCE COMPANY OF AMERICA IS ON THE LIST AS ONE OF THE INSURERS ADMITTED To TRANSACT SURETY INSURANCE IN THE STATE OF CALIFORNIA. IN WrTNESS WE RMF, I HAVE [lE2ELVIO SET MY HAND AND APMEA TM. SEAL OF THE SUPERIOR COURT OF TEE STATE OF CALIEKMIA IN AMID FOR THE COUNTY OF ORANGE. G• :R53Aiya- /m4IDIi AMID CLERK OF THE SUPERIOR COURT OF THE STATE: OF CALIFOENIA IN AND FOR THE COUNTY OF ORANGE i ) �„ �, � ..�-k•DEe�rrY LlN= C. WALLACE �Ps , pPr1 STn��Sk � DPW Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied -.Q— A), Cler 'a Signature Council Meeting Date: JUNE 18, 2001 Department ID Number: PW 01-077 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administratoro2e PREPARED BY- ROBERT F. BEARDSLEY, Director of Public Wo SUBJECT: Award Contract for Traffic Sianal Modifications Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmenta6$tatuEAttagiment(s) D Statement of Issue: On May 8, 2001, the City Clerk received and opened bids for proposed traffic signal improvements at Newland/Warner, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater, and Golden West/Palm (CC 1128). The projects are now ready to award. Funding Source: Funds in the amount of $501,000 are budgeted in HES Grant Fund, Traffic Signal Modifications, Account No. 81490007.84400. Recommended Action: Motion to: 1. Accept the bid submitted by Inspection Engineering Construction for traffic signal improvements, CC 1128, and authorize the Mayor and City Clerk to execute the contract; and, 2. Authorize the Director of Public Works to expend up to $501,000 for the project, including $225,070 for the contract; $45,000 for change orders, and $230,930 for materials and supplementals. Alternative Action(s): Reject all bids and direct staff to pursue alternative action. Grant compliance requires the funds to be encumbered by July 1st, 2001; therefore delays may result in loss of $500,000. /i� -, 9 REQUEST FOR COUNCIL ACTION MEETING DATE: JUNE 18, 2001 DEPARTMENT ID NUMBER: PW 01-077 Analysis: On July 17, 2000, the Council approved the plans and specifications for the traffic signal modifications at Newland/Warner, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater, and Golden West/Palm (CC 1128). The sample construction contract was also approved subject to award of contract to Council approved lowest responsible/responsive bidder. Bids, as summarized below, were received and opened by the City Clerk on May 8, 2001. Contractor Bid Amount Ranking Inspection Engineering Construction $225,069.09 1 Dynalectric $247,949.00 2 F.J. Johnson, Inc. $265,446.00 3 Baxter Griffin $295,488.00 4 California Electrical Construction, Inc. $385,687.02 5 Staff reviewed the bid documents submitted by Inspection Engineering Construction (IEC), checked references and finds that IEC is the lowest responsive/responsible bidder for this contract. The bid submitted by IEC is below the engineer's estimate for the project of $380,000. An increase in the change order amount from standard 10% to 20% is requested as per Resolution No. 4896. Materials for the project will be purchased by the City through the approved process. This method provides a cost savings and also ensures product that is consistent and compatible with existing equipment. Compatibility is essential for maintenance purposes. Public Works Commission Review: The Commission reviewed and recommended approval of the project on June 21, 2000 by a 5-0 vote (2 absent). Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15301 (c). Attachment(s): RCA Author: Bob Stachelski G:\R C A\2001\01-077 June 18 Stachelski Signal Mods.doc 01-077 June 18 Stachelski Signal Mods -2- 6/7/01 10:09 AM ATTACHMENT #1 pr4hm CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING ATTACHMENT VICINITY MAP RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: Award Contract for Traffic Signal Modifications COUNCIL MEETING DATE: June 18, 2001 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome Not Applicable Subleases, Third Party Agreements, etc. Approved as to form by City Attome) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff u Assistant City Administrator Initial City Administrator (Initial) City Clerk IE -T716 EXPLANATION FOR RETURN OF ITEM: RCA Author: Bob Stachelski RECEIVED CITY CLERK( CITY OF HUNTINGTON BEACH. CA 2001 MAY -8 P 2- 01 O011Z d 8- ON 1001 VO'HOd38 NO1SNI1NAH J0 A113 N8313 A113 03A[1138 COPIES TO: Front Desk Engineer City Clerk MODIFICATION OF 5 TRAFFIC SIGNAL MARKERS (Newland/Warner, Bolsa Chica/Warner, Edward"c Fadden, Gothard/Slater, Golden West/Palm) CC - 1128 Bid Date MAY 8,2001 * 2PM (Engineer's Estimate: $380,000) BID LIST BIDDER"S NAME RANK TOTAL BID AMOUNT 1. BAXTER GRIFFIN $ /Lq s � � , 00 i 2. CALIFORNIA ELECTRICAL CONSTRUCTION, INC. 5 $ 3$5 687 ®Z 3. DYNALECTRIC 2 $ � .�' y 00 4. F. J. JOHNSON, INC. 3 $ 'J�'5 6 00 5 INSPECTION ENGINEERING CONST. 2 $ �25 O�� 01 6 L. A. SIGNAL, INC. $ 7. MATT GARDNER CONSTRUCTION $ 8. SUMMIT ELECTRICAL CONSTRUCTION, INC. $ _ 9. U.S. TRAFFIC CORPORATION $ 10. $ 11. $ PROOF OF PUBLICATION NOTICE INVITING project and the Federal Regulations will be SEALED BIDS enforced. Any contract STATE OF CALIFORNIA) . for the Traffic Signal entered into pursuant to this notice will in - Improvements at corporate the provisions SS. Newland/Warner, Bolsa Chica/Warner of the Federal Labor Standards, which are on County of Orange ) Edwards/McFadden file at the Office of the, Director of Public Works, Gothard/Slater, Main Street, H nt- Goldenwest/Palm, CA ngton Beach, CA ingt FEDERAL No. 92648. I am a Citizen of the United States and a aGto% reention resident of the County aforesaid; I am CASH CONTRACT No. 1128 dThe from all progress pay- ments. The Contractor over the age of eighteen years and not a in the CITY OF may substitute an escrow holder surety of � HUNTINGTON equal value to the reten- party to or interested in the below BEACH then in accordance will entitled matter. I am a clerk of PUBLIC NOTICE IS HEREBY GIVEN that - the provisions of the Cal- ifode, Government principal the HUNTINGTON BEACH INDEPENDENT, a the CITY OF HUNT- INGTON as AGENCY. Byes sealed Code, Section 4590. be Theractor ownershofflthe benefcalEACH, newspa er of general circulation, printed bids for the above stated projects and will receive in surety and shall receive any interest thereon. The AGENCY hereby and pu lished in the City of Huntington such bids the office of the City Clerk, Second affirmatively ensures County of Orange, State of 2000 Main Street, that minority business Floor,Beach, Huntington Huntington Beach, Cali- enterprises will be ao the forded full California, and that attached Notice �S a foura 92648, up n opportunity to hour of 2,00 pm on May submit bids m response 8, 2001. Bids will be to this notice and will not true and complete copy as was printed publicly opened in the be discriminated against Council Chambers un- on the basis of race, and published in the Huntington Beach less otherwise posted. color, national origin, Copies of the Plans, ancestry, sex, or religion and Fountain Valley issues of said Specifications, and con- in any consideration tract documents are, leading to the award of newspaper to wit the issue(s) of• ' available from the Office contract. of the Director of Public No bid shall be con- Works, 2000 Main sidered unless it is Street, Huntington I prepared on the ap- Beach, CA 92648, upon proved Proposal forms April 12 , 2 1 payment of a $25.00 in conformance with the nonrefundable fee if Instructions to Bidders. April 19, 2001 amentf bidt be ac- a�c$35.00 ked up, or�ef no ndab ocompanied by aThe certified fee if mailed. check, cashier's check, I April 26, 2001 This is a Davis -Bacon or bidder's bond made payable to the AGENCY for an amount no less than 101/6 of the amount 1 bid. The successful bid- I declare under penalty of perjury, that I der shall be licensed in accordance with provisions of the Busi- , the foregoing is true and correct. ness and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. Executed on A ril 26 2001 The successful Contrac- for and his subcon- t� � tractors will be required at Costa Mesa, California. to possess business licenses from the AGENCY. The AGENCY re- serves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON Signature BEACH, CALIFORNIA, the 17th day of July 2000 Attest: Connie Brockway, CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach -Fountain Valley Independent April 12, 19, 26, 2001 042-661 . 4'd e4_ oy—V) SECTION A �►bh� o�-� z NOTICE INVITING SEALED BIDS 44-6--ot for the Traffic Signal Improvements at Newland/Warner, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater, Goldenwest/Palm FEDERAL No. STPLHG-5181(131) CASH CONTRACT No. 1128 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 pm on May 8, 2001. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if mailed. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-1 The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 17th day of July 2000. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 FOBCITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 92648 LETTER OF TRANSMITTAL Attention: Connie Brockwav To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: April 2, 2001 Project/C.C. No.: C.C. No. 1128 Regarding: Modification of 5 Traffic Signals ❑ We are sending you: ❑ By Mail By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached Under a separate cover via the following items: ElShop drawings ❑ Prints ❑ Plans 11 Samples ❑ Specifications Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Item # Co ie§ I?a es . m...... . Descri tion -- 1 1 2 Notice inviting Sealed Bids 2 3 4 5 These are transmitted as checked below: ❑ For approval Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints For review/comment ❑ Other: Remarks: On July 17, 2000, the City Council authorized the advertisement of the Traffic Signal Improvements at the intersections of Newland Street/Warner Avenue, Bolsa Chica Street/Warner Avenue, Edwards Street/McFadden Avenue, Gothard Street/Slater Avenue, and Golden West Street/Palm Avenue project, CC1128. Please find attached the Notice Inviting Sealed Bids for this project. Please have this advertised for 4/12, 4/19 and 4/26 with a bid opening on 5/8. Please contact me at extension 5086 with any questions you may have. cc: By: 2 i&,J tache s I, , Associate Traffic Engineer G:\ENG\STACHELSKI\STREET ILLUMINATION\CLERK TRANSMITTAL HES SIGNALS.DOC CITY OF HUNTINGTON BEACH RLS No. Goal-oY q6 REQUEST FOR LEGAL SERVICES Assn To Gail Hutton, City Attorney Date Date: Request made by: Telephone: Department: 8/16/2001 DAVID VERONE 375-8471 PUBLIC WORKS INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance ❑ Opinion ❑ Stop Notice ❑ Resolution ❑ Lease ® Bond ❑ Meeting ® Contract/Agreement ❑ Deed ❑ Court Appearance ® Insurance ❑ Other: Is Request for Preparation of Contract form attached? ❑ Yes ® No Are exhibits attached? ® Yes ❑ No Unless otherwise specified herein, I If not for Council action, consent to the disclosure the If for City Council action, desired completion dat informatio tain in t ' LS to all me o t co cll. Agenda Deadline Council Meeting cU'% 2-`�Lo— ature of Department Head COMMENTS Please review and approve "As to Form" the following contract documents furnished by Inspection Engineering Construpction contractor for Traffic Signal Improvements for Various Arterial Streets in the City. Project CC 1128 1. Payment Bond # 6122468 - 2. Performance Bond # 6122468 7 3. Maintenance Bond # 6122468 4. Certificate of Insurance — —. . C.) 5. Certificate of Fact _ -,=- 6. Agreement - for signature only( with attachment A) , .<. "• _..� c: REFERENCE R.L.S. # 2001-0496, Routing: ❑ GCH 1 ❑ PDA ❑ LB ❑ SL ❑ JF ❑ ADL ❑ SF;i'L7 ,� ❑ 0 -\ - This Request for Legal Services has been assigned to attorney - o extension His/her secretary is extension Notes: File Name: Date Completed: WP No.: 0 Shaded areas for City Attorney's Office use only. 1 6/18/01 Public Comments summary for Speaker Norm West -well FJECENM FF.. AND&OZEAPAprp EE77Nti G1C R O Speakers position on selected agenda items: oFACe 7HE COA11WE KWACLSW Y. MY nim CUM D-1 In Favor*' D-2 Against — Unnecessary expansion of governmental powers. D-3 Against — The public NEVER benefits in a no -bid contract Recommend this contract go to bid. E-6 Against — The city is currently paying a Director of Water Operations, an interim Director of Water Operations, in addition to full time staff. A very substantial sum of money. These paid employees, and consultant should be performing this type of work. If they cannot perform the necessary work of the city for normal water projects, either eliminate the city positions or the consultants. Paying both is absurd. E-8 Against — New "trial" programs should not be undertaken while the city is in our current budgetary shortfall. E-9 Against - S45,000 for change orders! Let's get the project correct from the begining. An anticipated $45,000 in change orders identifies a project which has not been carefully planned. Recommend using Grant money more.efficiently by eliminating change orders. E=10 Against — A 1.2 million dollar expenditure should not be a Consent Calendar Item ! ! ! This is not a routine expenditure. The city has spent a half a million dollars .on a police vehicle locator system that was to last 10 years minimum. The police abandoned it in less than 5. The city has yet to remove the old system transmitters spread through out the city. E-20 Against — If the people cannot enjoy the freedom to celebrate at home, on private property with safe and sane fireworks, the city should not be permitted to expend taxpayer money to engage in a monopoly enterprise, collecting money as a result of the restrictive ordinances it has established. Recommend re -legalizing limited safe and sane fireworks within the city limits and creating an ordinance prohibiting the unsafe use of safe and sane fireworks. Alternate action — Relocate future public fireworks displays back to the city pier, our cities landmark. F-1 In Favor — This is a fine example of a much needed and long overdue public project. H-3a. Against — NYMBY ! This is a feel good politically motivated ordinance that will serve no useful purpose. The state can't get people to wear seat belts! HB can force Recommend action: Direct staff to update HB-3TV policies and procedures for reaffirmation. These policies and procedures should show intent and use of the facilities and must show it will operate in the best interests, benefit and necessity of the community and allow for public input and interaction. Alternate action: Eliminate HB3-TV because it only benefits public officials does not benefit the community at large. CITY OF HUNTINGTON BEACH 1 �. hR%' PPS MEETING DATE: July 17, 2000 DEPARTMENT ID NUMBER: PW 00-48 Council/Agency Meeting Held: '7 -' 17 — Oo Deferred/Continued to: Appr ed ❑ Conditional) pproved ❑ Denied Cl_e7r_K Signature Council Meeting Date: July 17, 2000 Department ID Number: EPW-0:0-48 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION rn rn �� : .' SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS co SUBMITTED BY: RAY SILVER, City Administrator or4t �Q PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works 7V6SUBJECT: Authorize Advertisement of the Traffic Signal Improvements at Newland/Warner, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater, and Goldenwest/Palm, CC-1128 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Plans and specifications for the traffic signal improvements at Newland/Warner, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater, and Goldenwest/Palm, CC-1128, are complete. As this is a federally funded project, the plans and specifications have been submitted to Caltrans for review. Funds for construction of these improvements must be obligated by September 1, 2000. City Council approval to advertise the project is required, subject to Caltrans approval of the plans and specifications. Funding Source: Funds for the traffic signal improvement project are in the Hazard Elimination Safety (HES) Fund. The engineer's estimate for the project is $501,000. Recommended Action: Motion to: 1. Approve the plans and specifications for traffic signal improvements at Newland/Warner, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater, and Goldenwest/Palm, CC-1128, and authorize the Director of Public Works to advertise the project after receiving approval to proceed from Caltrans; and 2. Approve the attached sample construction contract, subject to award of contract to Council approved lowest responsible/responsive bidder; and 3. Approve the purchase of City -supplied signal appurtenances for this construction project. Alternative Action(s): 1. Approve plans and specifications but do not advertise to bid. 1128AUTH2ADV.DOC -2- 06/28/00 10:40 AM REQUEST FOR COUNCIL ACTION MEETING DATE: July 17, 2000 DEPARTMENT ID NUMBER: PW 00-48 2. Do not approve the "sample contract" for the project. 3. Do not approve the advance purchase of City -supplied signal appurtenances for this construction project. 4. Do not approve the plans and specifications and direct staff to prepare plans for an alternative design. Analysis: The Hazard Elimination Safety Program is designed to improve traffic safety. The local agency may nominate projects in the "work type" or "safety index" category. The "safety index" is a number that is calculated in the application, based on accident history, traffic volume, and cost. A higher priority project would have a higher safety index, and for FY 2000/2001, all projects with a safety index of 700 or greater are eligible for funding. While the standard ratio for HES funds is 90% HES/10% local match, the following traffic signal modifications will be reimbursed at 100%: Intersection Left Turn Signal Improvements Estimated Total Cost Safety Index Newland/Warner E/W PP (1) to Protected N/S Permissive to Protected $135,000 1307 Bolsa Chica/Warner E/W PP 1 to Protected $86,000 1178 McFadden/Edwards E/W Permissive to Protected N/S Permissive to Protected $120,000 911 Gothard/Slater N/S Permissive to Protected $80,000 767 Goldenwest/Palm N/S Permissive to Protected $80,0001 733 Total (1) PP means protected/permissive $501,000 Staff will purchase the signal appurtenances prior to the award of the contract because the delivery time is approximately 12 weeks. Advance purchase will shorten the time required to complete the project by approximately three months. Public Works Commission Review: The Commission reviewed and recommended approval of the project on June 21, 2000 by a 5-0 vote (2 absent). Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15301(c). Aftachment(s): RCA Author: Kato 1128AUTH2ADV.DOC -3- 06/28/00 10:40 AM ATTACHMENT 1 Q�P BOLSA AVE. En N N En Mc FADDEN AVE. EDINGER - Z rT W J v HEIL a a Q En Q o z ra z Q m0c~i� o a m WARNER a N o w Q V) SLA Nam' TAl PACIFIC �0t PROJEC T L OCA TION CC-1128 N� AVE. N Q AVE. m 0 v�" $w 0 W O AVE. 0 J O 0 AVE. 405 ,A 1 OCEAN AVE. ELLIS GARFIELD / I ADA S INDIANAPOLI 0 TLANTA a Z L — m�� a � m HAMILTON FAVE. AVE. N AVE. AVE. t~n x AVE. M. \Drawings \ Tran \Locafion3 dwg ATTACHMENT #1 PROJECT LOCATION MAP TRAFFIC SIGNALS AT NEWLAND/WARNER, BOLSA CHICA/WARNER, EDWARDS/McFADDEN GOTHARD/SLATER, GOLDEN WEST/PALM FB f ITY fly WI IKITIKIr-Tf1AI QC'Ar`I-I DEPARTMENT OF PUBLIC WORKS ATTACHMENT 2 SAMPLE FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTIONS OF NEWLANDNVARNER, BOLSA CHICANVARNER, EDWARDS/MCFADDEN, GOTHARD/SLATER AND GOLDENWEST/PALM, CC-1128 TABLE OF CONTENTS Page No. 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. CALIFORNIA FAIR EMPLOYMENT 5 11. CALIFORNIA PREVAILING WAGE LAW 6 12 CALIFORNIA PREVAILING WAGE LAW - PENALTY 6 13. CALIFORNIA EIGHT HOUR LAW 7 14. CALIFORNIA EIGHT HOUR LAW - PENALTY 7 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 7 16. EMPLOYMENT APPRENTICES 7 17. PAYROLL RECORDS 8 18. INDEPENDENT CONTRACTOR 8 19. LIQUIDATED DAMAGES/DELAYS 8 20. DIFFERING SITE CONDITIONS 10 21. VARIATIONS IN ESTIMATED QUANTITIES 10 22. PROGRESS PAYMENTS 11 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 12 24. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 25. WAIVER OF CLAIMS 12 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 27. WORKERS COMPENSATION INSURANCE 13 28. INSURANCE 13 29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 30. DEFAULT & TERMINATION 15 31. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 15 32 NON -ASSIGNABILITY 15 33. CITY EMPLOYEES AND OFFICIALS 16 34. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 16 35. NOTICES 16 36. CAPTIONS 16 37. FEDERAL PARTICIPATION 17 38. DAVIS-BACON ACT 17 39. DISCRIMINATION; MINORITIES, ALIENS 17 40. EQUAL EMPLOYMENT OPPORTUNITY 17 41. COPELAND "ANTI -KICKBACK" ACT 18 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 18 43. CLEAN AIR ACT AND FEDERAL WATER -POLLUTION CONTROL ACT 19. 44. ENERGY CONSERVATION 20 45. HOUSING AND URBAN DEVELOPMENT 20 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED 20 47. ATTORNEY FEES 20 48. ENTIRETY 21 SAMPLE FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTIONS OF NEWLAND/WARNER, BOLSA CHICA/WARNER, EDWARDS/MCFADDEN, GOTHARD/SLATER AND GOLD ENWEST/PALM, CC-1128 THIS AGREEMENT is made and entered into on this day of , 2000, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as traffic signal improvements at the intersections of Newland/Warner, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater and Goldenwest/Palm, CC-1128, in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or agree/forms/fedagree/06/16/00 SAMPLE discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The 2000 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern 2 agree/forms/fedagree/06/16/00 SAMPLE n I California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed Dollars ($ ) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion 3 agree/forms/fedagree/06/16/00 SAMPLE 4 within sixty (60) working days from the execution of this Agreement by CITY, excluding delays provided for herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the contract documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the contract documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work on CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the. contract documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the.DPW. 4 agree/forms/fedagree/06/16/00 SAMPLE 9 When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward, or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural 5 agree/forms/fedagree/06/16/00 SAMPLE 9 facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 12. CALIFORNIA PREVAILING WAGE LAW - PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 6 agree/forms/fedagree/06/16/00 SAMPLE 13. CALIFORNIA EIGHT -HOUR LAW California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIGHT HOUR LAW- PENALTY Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 7 agree/forms/fedagree/06/16/00 SAMPLE 17. - PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 18. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 19. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500) per day for each and every working day's delay in completing the work 8 agree/forms/fedagree/06/16/00 SAMPLE -- 14 completing the work in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay.. 9 agree/forms/fedagree/06/16/00 SAMPLE No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 20 DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 21. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT,.if the actual quantities used are either more than or less than the 10 agree/forms/fedagree/06/16/00 SAMPLE quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 22. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in agree/forms/fedagree/06/16/00 SAMPLE the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 24. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 25. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which 12 agree/forms/fedagree/06/ 16/00 SAMPLE 14 arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 27. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 28. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability 13 ag ree/forms/fedagree/06/1 6/00 SAMPLE and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or 14 agree/forms/fedagree/06/16/00 SAMPLE a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 30. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 31. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 32. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 15 agree/forms/fedagree/06/16/00 SAMPLE 33. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 34. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices To Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such Stop Notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 35. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 36. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 16 agree/forms/fedagree/06/16/00 SAMPLE 37. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 38. DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem . wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC Section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 39. DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees; agents, principals, or subcontractors to discriminate against any employee or applicant for.employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 40. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). 17 agree/forms/fedagree/06/1 sioo SAMPLE z CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when. applicable. 41. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each 18 agree/forms/fedagree/06/16/00 SAMPLE - 'A CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. - (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. (c) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. 19 agree/forms/fedagree/06/16/00 SAMPLE (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq. ). 45. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 47. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 20 aaree/forms/fedagree/06/16/00 SAMPLE 4 48. 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 offices the day, month and year first above written. CONTRACTOR By: print name ITS: (circle one) Chairman/President/Vice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: ,City Attorney Q "b v I ED AND APPR VED: Director of Public Works 21 agree/forms/fedagree/06/16/00 SAMPLE RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Authorize Advertisement of the Traffic Signal Improvements at Newland/Warner, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater, and Goldenwest/Palm, CC-1128 COUNCIL MEETING DATE: July 17, 2000 RCA ATTACHMENTS STATUS .. Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attome) Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Not Applicable EXPLANATION fOR MISSING ATTACHMENTS' . EXPLANATION FOR RETURN;QF ITEM RCA Author: Kato J. CITY OF HUNTINGTON BEACH Inter -Department Communication RECEIVED FROM AND MADE A PART OF TH E OR AT T E (/ COUNCIL MEETING OF OFFICE OF THE CI CL RK TO: HONORABLE MAYOR DAVID GAROFALO CONNIE BROCKWAY, CITY CLERK AND MEMBERS OF THE CITY COUNCIL FROM: GAIL HUTTON, City Attorney SUBJECT: Various "E Items" for Street Improvements; City Council Meeting July 17, 2000 DATE: July 17, 2000 A concern has been raised regarding the ability of councilmembers to vote on the various street -improvement items for tonight's City Council agenda, since a councilmember's property may be within 2,500 feet of a project site. We do not believe these items present a potential conflict of interest, because the projects are unlikely to have a measurable, material financial effect on the value of a councilmember's real property and because any such effect would be indistinguishable from the effect on the public generally. Please contact me if you have any questions. GAIL HUTTON City Attorney cc: Ray Silver, City Administrator G*2000memos:Garofalo 7-17#2 Inspection Engineering Construction h• �� ' r 2775 Mesa Verde Dr E Suit M103 d�•'t} '}f'r w f� t Costa Mesa, Ca 92626 i. f�^i f �? 1 et�1�1 fi�i �1?at {i(dt IF;'f. ail is' S Ird ti, r.. Itl It bn,lx r��.st't7F 17rc S "klrtR tr L�%d-''IxP�4 se t s t A , r rl v,�,, � i 7 y P t Jy sd ,r } htt � t ",a r i • IF i> s r( i. r s 1 a• i 3rfr ry !r rd i i�rvyl�efiir (Y.yM1 x(iSt(rr i lkr�l��rf' ski JOY i e r i e , e y f a� It .k....:.rreY �i.rrr`¢N?f!'�r'�.,nrlt}.,�.;i<.S''r!'i?,:.r.�w'41:: ...i."•'.ti rid/w:i•:'>i'roll"�i.";,n�.,4f_.a�.'-r'Yh.:�7.rtl�:,t�}�. S..r!rx�.,i'. II.�' }� ,�•, 92�48 };ri Dr• f •1 sF '• } r � �' ,Xirhre � t ' r t i..r, 07„'liW a •ing Construction ( 26 i y,. D I , i '... � .... , ••. �/ /A�f��wJ�I��'.V CAW 0 Tjr9 0W_. Pw-s CITY CLEVED i HUNTINGT N BEACH. CA 1001 "A Y - 8 P 53 n� C < G? M i Q-- �n v D�.7m0 -T) n zC cn w c-) A . 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Y� � i i c + f f f r�`- Bid Analysis — HES Traffic Signal Improvement Project — CC )tj�o [I2$ Bidder Name: Inspection Engineering Construction (I.E.C) Bid Reviewer: Bob Stachelski, Associate Engineer Date of Bid Review: Mav 14. 2001 Bid Schedule: r Written price matches numerals ry Total cost matches sum of bid items Attachments: r List of subcontractors r Noncollusion Affidavit r Utility Agreement r Disqualification Questionnaire r Compensation Insurance Certificate r Bidder's Information r References r Local Agency Bidder -DBE Information I✓ Equal Employment Opportunity Certificaton r Debarment and Suspension Certification r Noncollusion Affidavit r Nonlobbying Certification r Bid Bond Notes: EEOC indicates that bidder has not participated in a previous contract or subcontract subject to EEOC clauses, etc. Bid Bond: >✓ Bid Bond amount > 10% of bid price �- Bond amount matches bid information Notes: Bid bond information not provided in proposal section (blank not filled). Subcontractors: r Subcontractors listed r DBE participation r DBE amount meets established goal Notes: DBE information indicates 10% percent participation. Total shown equals 17% participation. Check DBE Cert. # for being current, etc. DBE work includes providing anchor bolts which are provided by the City. Bidder's Information: r Valid California Contractors License p-jo Class A license ro- State license check reveals no actions against Reference information — Did not check references for projects in progress Reference Check #1: _City of Tustin, Doug Anderson r Required information provided by bidder Reference confirms reference ;,, Contact provided positive reference Stop Work notice(s) issued Contact provided negative reference l Contact provided tm-;re—dreference pJ Reference project delivered on schedule p i Contractor was cooperative in working with agency staff to complete project r.,-ej Contractor completed project in accordance with specifications Notes: First and Prospect signal modification. Had problems but does not have documentation such as stop notices, etc. Referred me to the City of Irvine. Not very cooperative with City staff. Subconsultants were (Walters Electric and Econolite) not paid by Contractor. Econolite claimed that IEC owed them money. Actually $94,000 project. One stop notice for loop installation. Reference Check #2: City of Anaheim, Ken Riggins r-i Required information provided by bidder r Reference confirms reference r Contact provided positive reference Contact provided negative reference Contact provided mixed reference j Stop Work notice(s) issued (A o !v—,f Reference project delivered on schedule W-1 Contractor was cooperative in working with agency staff to complete project Ie Contractor completed project in accordance with specifications Notes: Ken Riggins works for Willdan Associates and they have a company policy to not provide references for contractors. Ken referred me to Ralph Harp, 765-5285. Questions about acceptability of concrete work. Attempted to shortcut City standards for sidewalk/concrete work. Ken to get back to me after reviewing the file. Reference Check #3: Homayoun Behboodi, City of Hermosa Beach lid Required information provided by bidder r Reference confirms reference I Contact provided positive reference M&, r—I Stop Work notice(s) issued rn Contact provided negative reference t Contact provided mixed re� Ac OA' `�` .Reference project delivered on schedule r Contractor was cooperative in working with agency staff to complete project Contractor completed project in accordance with specifications Notes: tnro6t'bvvt-s , �� l,\cAo!e. &J 0b'31 (� �,/�1r' �,� t //�• „ ` � 'fit �r��� c e_o�n'�'� � . 1 9 Reference Check #4: Caltrans District , Abdallah Alfakhouri, r Required information provided by bidder l i Reference confirms reference i 3 Contact provided positive reference Contact provided negative reference r Contact provided mixed reference Stop Work notice(s) issued i — Reference project delivered on schedule j Contractor was cooperative in working with agency staff to complete project Contractor completed project in accordance with specifications Notes: o�fs LQFae-� `Y�l - Reference Check #5: City of Orange, Dennis Schmitz S:�2 -c'q r- Required information provided by bidder j Reference confirms reference i , Contact provided positive reference 1 j Contact provided negative reference r Contact provided mixed reference r Stop Work notice(s) issued r Reference project delivered on schedule r Contractor was cooperative in working with agency staff to complete project r Contractor completed project in accordance with specifications Notes: Reference Check #6: 1356Ct_ 2 &,i 1 t �oiy`1 ri Required information provided by bidder Reference confirms reference Contact provided positive reference r Contact provided negative reference h-e.v%al Contact provided reference Stop Work notice(s) issued F 0 j Reference project delivered on schedule (YI Contractor was cooperative in working with agency staff to complete project l i Contractor completed project in accordance with specifications Notes: 11/2.Jr, S+'.!1 ;�co. P� � c..n�or.� cv�t�®Items 001 MP-Asy, 19 935V- i,coo�%ir, ir►adpeaitoe\, YepoVestea I C�\C,5e.$ tvk Reference Check #7: lj Required information provided by bidder Reference confirms reference I , Contact provided positive reference fj Contact provided negative reference Contact provided mixed reference Stop Work notice(s) issued I- Reference project delivered on schedule Contractor was cooperative in working with agency staff to complete project Contractor completed project in accordance with specifications �1 Notes: Ge y, AOL 5a� G'r 01 Reference Check #8: r Required information provided by bidder r Reference confirms reference r Contact provided positive reference 1 j Contact provided negative reference r-i Contact provided mixed reference Reference project delivered on schedule r Contractor was cooperative in working with agency staff to complete project f € Contractor completed project in accordance with specifications Notes: 1.—_ COPIES TO: Front Desk Engineer City Cler MODIFICATION OF 5 TRAFFIC SIGNAL MARKERS (Newland/Warner, Bolsa Chica/Warner, Edward"c Fadden, Gothard/Slater, Golden West/Palm) CC - 1128 Bid Date MAY 8, 20019 2PM (Engineer's Estimate: $380,000) BID LIST BIDDER'S NAME RANK...TOTAL BID AMOUNT 1. BAXTER GRIFFIN $ Z 7 U 6 2. CALIFORNIA ELECTRICAL CONSTRUCTION, INC. $ 3. DYNALECTRIC Z $ Z`'F'7 4. F. J. JOHNSON, INC. � $ 2- 5 INSPECTION ENGINEERING CONST. , $D( 6 L. A. SIGNAL, INC. $ 7. MATT GARDNER CONSTRUCTION $ 8. SUMMIT ELECTRICAL CONSTRUCTION, INC. $ 9. U.S. TRAFFIC CORPORATION $ 10. $ 11. $ 4ccovHk 2.13-oo-Z13orq9a710 ,r SECTION C PROPOSAL for the Traffic Signal Improvements at Newland/Warner, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater, Goldenwest/Palm FEDERAL No. STPLHG-5181(131) CASH CONTRACT No. CC-1128 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this prop.jsal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at thz. unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE CC-1140 1 Traffic Signal Modification - Newland Street and Warner Avenue L.S. $ 45.. 1 (�Ji7iT�i/f"� ��►»�S4nofSee Dollars g z l Tom2 C��� , Cents Lump Sum 2 Traffic Signal Modification — Bolsa Chica Street and Warner Avenue L.S. $� 1 @,C2 Y /�iart�i��S �v Dollars �lG�lQY /i1 Cents Lump Sum 3 Traffic Signal Modification — Edwards Street and McFadden Avenue 1 @H1'/ e�/fs�c�sllars L.S. $Qi9S f�t�mcri'��/h�✓_J-�o��l�,'3 (Cents Lump Sum /-fi n y / i ve- 4 Traffic Signal Modification — Gothard Street and Slater Avenue /hi,��llars L.S. ilu r Ems` C�/►tDc Cents Lump Sum //7 i !77 L2je� 5 Traffic Signal Modification — Golden West Street and Palm Avenue L.S. $ Lump Sum Total Amount Bid in Figures: $ Total Amount Bid in Words: T .Si C-2 `If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find l;i'd in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-3 LIST OF SUBCONTRACTORS -In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange �MAL L7,cAZl�T , being first duly sworn, deposes and says that he or** is O kJnl R ofla/s�otE��sanr F.iyG CdNSTRVe1 pArty making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. T�sPecTron/ �N�'ryEEi2�✓� Ca„isr�eiycT. �s, . C j Name of Bidder Signature of Bidder 2,773— mesa Verde D r, E., 4 M 10 3 Address of Bidder Subscribed and sworn to before me this QE!�day of , 200 L . COMM. #1179237 NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY Iy Comm. Expires April 10, 2002 F_-, UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Traffic Signal Improvements at Newland/Warner, Bolsa Chica/ Warner, Edwards/McFadden, Gothard/Slater, Goldenwest/Palm, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work, in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: S 8 0 ��/SPrc crfE,��an►EER�i�IC Lonl�r�'yGTran/C.EC, Contractor r f m,4,L By OA2M9i2 Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes �No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE -Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. .T.11,_-,C Contractor .St/ 141_ EAz I C r By Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Title Date: ,S Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: W5PC2"-TItN l nlf� Ti/�'t 2Ti�/� Cd/✓S'T�2lJGT�an/ E, e ,1 Bidder Name i VaV2 /,e -Dr-, G _ � PW-? Business AddressIF GA . 924!�2er City, State Zip (Ad ) 2-4o - 92 72 Telephone Number State Contractor's License No. and Class Ell Date Issued ,!P,13112021 Fxpiration Date The work site was inspected by of our office on � 40 , 200t. 7f The following are persons, firms, and corporations having a principal interest in this proposal: C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in .accordance with the plans and specifications set forth. .��`yS'P�T.r�i� �✓GT✓�RZi✓C� Lt�iysTRucTron/ �.��, G� Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me thiLay of V, 200 . NOTARY PUBLIC VA JENNIFER 'VA LDEZ Nt COMM. #1179237 d NOTARY PUBLIC - CALIFORNIA M ORANGE COUNTY My Comm. Expires April 10, 2002 Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-11 l.ucua Assistance Procedures Manual E:\llllilvr l_-E h: .1'sJ Checklist Instructions Attachu)ent L LOCAL AGENCY BIDDER -DBE INFORMATION This infont,atioII may be Submitted \vith %our hid propusaI- It* it is not, and \ uu arc the appaa'ent Itow hidt.1cr or the second or third lo\v bidder. it nl(IS1 be Submitted and received b\ the administering agenc\ no later than the time specified in the special pro\ isiuns. CO.. RTE.iP.L%1.: CONTRACT NO.: BID '-k,M0 'IT: BID OP=. `ING DATE: S a BIDDER'S NA.%IE.- ADDRESS: DBE GOAL FROM CONTRACT .0 WN 7RACT (TEM NO. ITLNI OF %1 ORl AND DESCRIPTION OF WORK OR SERVICES TO BE SUBCONTRACTED OR MATERIALS TO BE PROVIDED NAME OF DUE " (Name of DBE:. Certification tiumbcr. and Telephone Number) DOLL.-\R AMOUNT "' DBE PERCENT "' DBE reS Um; ✓ess I,JI�n�e S l.c�.r•- s t/fir%c `�`%P/y >T.7c. ., Flr.c�o��rb�i�s d-62.4,!�3 :5 Qsss' --f-1/- FWK $oXeS Total Claimed S S /D Participation 6. oo °0 if iOD of rctn IN nut to :c icr:ormcd or furni>hed b% DBE, do<crtbc exact portion. including planned location of %%ork to '^c rierfurmcd. of item to _c nerfornied or rurni.hcd c� DUE •• DUEs must be certified b:. Caltrans on the date b id> are opened. Subcontractors and supplier: certified state -funded only :annul be u<cd to meet _uals on fcdcralk funded cuntracts. • • • Crcdtt for a DUE supplier. %%ho not a manufacturer is limited to 01)"" of the amount paid to the supplier. (See Section "ptad\anta_rd Uustnc�:" (DUE) ofihc special pruvisions) IMPORTANT: Names of DBE subcontractors and their respective item(s) of work listed above should be consistent with the name and items of ,Fork in the "List of Subcontractors" submitted v ith your hid pursuant to the Subcontractors Listing Law. S1_n:uure of Bidder Date (Area Code) tel. No. V Aw.#L-At A o::i, Person to Contact ( Please type or print) U.,tnhun.-ii fnr Ni IS Prniects: Ihanhuu n lurit, m•`II.S Pr,,lects I)KI'I.OF I'll.\.Ntil'()K*r.\I'll ),N f I I r InbutaI-Caltrans DI.AF fur NI -IS f nqw,. i 21 C orty-Local gcncy ro,iccI 1iIc I I I( )ngtnal L cal ,\t!cncy prn)cct lilt IFF.f) f)11F.) .\U)UII�II�.I) Ix-t)I.-Iv IItFV nv.l?1-`JS1 Fel)ruary 1, J99X laical Assistance Procedures Manual IIS&E Checklist Instructions EXHIBIT 12-E .attachment C (THE BIDDER'S E.tECC'T1OiV O.V THF- SIGM-1 TORE PORTIOY OF THIS PROPO.3.4L SHALL ALSO CO.VST/7VTF A.V E;VDORSEA1E,VT AXD EXECLITIOiV OF THOSE CERTIFIC.4T10;VS WHICH. -IRE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder 2"n/sPEGrXVA1 ZVI!5 lTNE6k2�4 6PWSZ2P C-X---1f1i(I C, C, J proposed subcontractor e— herebv certifies that he 11 . has not V"'7parricipaced in a previous contract or subcontract subject to the equal opporttnity clauses. as required by Executive Orders 10925. 1 1 l 14. or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency. or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The abo%e certification is required by the Equal Employment Opportunity Regulations of the Secretar, of Labor (41 CFR 60-1.7(b) (1)i. and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 _CFR 60-1.5. (Generally only contracts or subcontracts of S 10,000 or under are exempt.) Currencl%. Standard Form 100 (EEO-1 ) is the only report required by the Executive Orders or their implementing, regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not ;fled the required reports should note that 4l CFR 60-I.7(b) ( I ) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway ,administration or by the Director. Office of Federal Contract Compliance, U.S. Department of Labor. Page 12-77 February I, 1998 L,ical Assistance Procedures Manual E\uwrr 12-E POSE Checklist Instructions Attachment E DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he: sor any other person associated there%vith in the capacity of o%% ner, partner, director. officer, mana zer: • is not currently under suspension, debarment. voluntary exclusion, or determination of ineligibility / by any Federal agency: J Has not been suspended. debarred, volunrtrity excluded or determined ineligible by any Federal agency within the past 3 years: �• Does not have a proposed debarment pending; and Has not been indicted, convicted. or had a civil judgment rendered against it by a court of competent jurisdiction, in anv matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification. insert the exceptions in the folto%virig space. t � e Excentions «•ill riot necessarily result in denial of a%vard, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Note;: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. - - - - - - Prue 12-8I a. February 1, 1998 Local -Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment D Noncollusion Affidavit (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY / COUNTY of HUNTINGTON BEACH / ORANGE DEPARTMENT OF PUBLIC WORKS. In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any. corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. C Pave 12-47 February 1, 1993 Local Assistance Procedures Manual EXEMBIT 12-E PS&&E Checklist Instructions Attachment E DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager. t/ Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; Has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; Does not have a proposed debarment pending; and Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. /VO7W 4� Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 2 February 1,1998 Local'Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment F NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a vlember of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment. or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing, or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, Brant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for. making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S 10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he orOre shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Page 12-51 February 1, 1998 ::FIRST: BID BOND KNOW ALL BY THESE PRESENTS, That we, INSPECTION ENGINEERING CONSTRUCTION of 2775 MESA VERDE DRIVE, STE M-103, COSTA MESA, CA 92626 (hereinafter called the Principal), as Principal, and FIRST NATIONAL INSURANCE COMPANY OF AMERICA, of Seattle, Washington, a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the penal sum of TEN PERCENT OF THE AMOUNT OF THE BID 22 r6eQ Dollars ($ 10% OF BID ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That Whereas, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for TRAFFIC SIGNAL IMPROVEMENTS NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 2nd day of S-3208/EP 7/94 MAY Witness f 2001 INSPECTION ENGINEERING CONSTRUCTION (Seal) Principal Title FIRST NATIONAL INSURANCE COMPANY OF AMERICA SHAWN BLUME ttorney-in-Fact STATE OF CALIFORNIA COUNTY OF RIVERSIDE 4-1 On 5 0/ , before me, PERSONALLY APPEARED SS. R. STANDLEY personally known to me (-r pr^.,o.-I }^ =@ ^^ 44Q laiisik; 4 satisiakor-5,.c;Ad@4^^) to be the persorn(s} whose name{s}- is/ax& subscribed to the within instrument and acknowl- edged to me that he/executed the same in his/ o ! 4 Qi* authorized capacity4es); and that by his/ 4keir signature(@} on the instrument the person44 or the entity upon behalf of which the persor4&)-acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL SHAWN BLUME -eqR. ST�,N _21 COM1�1. #1263272 LEY •. a NOTARY PUBLIC - CAL .IFORNIA RIVERSIDE COUNTY My Comm. Expires June 7, 2004 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT I • AL SU POWER OF ATTORNEY 4333 Brooklyn Avenue N.E. Seattle, WA 98105 KNOW ALL BY THESE PRESENTS: FIRST NATIONAL INSURANCE COMPANY OF AMERICA 4333 BROOKLYN AVE NE SEATTLE, WASHINGTON 98105 No. 9882 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint Riverside, its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 8th day of June 1999 _49F k� 44&4WO R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:. "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation SEAL Ile 1928 J P WASrA~� this 1, day of �_Ar1Mz /. R.A. PIERSON, SECRETARY S-1049/FNEF 7/98 6/8/99 PDF City Person to contact Proiect Caltrans Mr. Abdallah Alfakhouri Traffic Signal (562)-401-3333 Ext 235 ✓Anaheim Mr. Ken Riggins Traffic Signal / (714)-376-6744 Street Light/ Interconnect Hermosa Mr. Homayoun Behboodi Traffic Signal/ Beach (310)-318-0212 Interconnect Tustin Mr. Doug Anderson Traffic Signal (714)-573-3172 Anaheim Ken Riggins Interconnect (714)-376-6744 Amount Complete $300,000 12/2/99 $130,000 10/25/00 l i $164,000 6/1/00 i $98,000 10/1/00 $120,000 11 /1 /00_ :. Fullerton Karen Kobayash Street Light $115,982 In Progress (714)-738-6867 Orange Dennis Schmitz 'Traffic Signal $199,000 In progress (714)-532-6427 2775 Mesa Verde Drive East. Suit M 103, Costa Mesa, Ca 92626 (714)-285-6965. Fax (714)-434-7719 License # 767793 CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS for the Traffic Signal Improvements at Newland/Warner, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater, Goldenwest/Palm FEDERAL No. STPLHG-5181(131) CASH CONTRACT No. CC-1128 F in the CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 iviay a, zuu1 2:00 pm, 2ND FLOOR City Clerk's Office Robert F. Beardsley, DIRECTOR DEPARTMENT OF PUBLIC WORKS *********> -COMM. JOURNAL- *************** DATE APR-30-2001 ***** TIME 09:58 ******** MODE = MEMORY TRANSMISSION FILE NO.=246 STN NO. COMM. ABBR NO. 001 OK a START=APR-30 09:57 END=APR-30 09:58 STATION NAME/TEL NO. PAGES DURATION 918003606397 002/002 00:00:42 -HUNTINGTON BEACH - *******************>>************* -PUBLIC WORKS - ***** - 714 374 1573- ********* DEPARTMENT OF PUBLIC WORKS ENGINEER Bob Stachelski ACCT. # 814-00-814.48270 LIST OF BIDDERS THAT HAVE TAKEN PLANS AND SPECIFICATIONS FOR JOB CC NO. CC-1128 COST $25/$35 Mailed DESCRIPTION MODIFICATION OF 5 TRAFFIC SIGNAL ENG./EST. MARKERS — Newland/Warner, Bolsachica/Wamer Edwards/McFadden, Gothard/Slater OPEN BIDS Golden West/Palm A.M. $380,000.00 May 8, 2001 2:00 P.M. _ NO. NAME AND ADDRESS TEL. NO. FAX NO. RECEIPT NO. /74 7/7/ /07 2 SSQ� q7(1 Al, dy/- ljr 00 / 8 ;y/- S9 '7111 - �?'o - 9,R 72 �� 7 i 9 /a 0713 dIra ✓ .4795 ,� /a 3 `1"vJ Bl�xT�R�o Apo sad-s3/o Vy 8a6-3if<Z joo'7133 ✓ 9Ab� s b�� 71 -5Tara �"D 3 v s. 9. 10. 11. '%'�.Eng%LuxL%Plan Holders List PAGE OF CITY OF HUNTINGTON BEACH PLANS SPECIFICATIONS AND CONTRACT DOCUMENTS for the Traffic Signal Improvements at Newland/Warner, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater, Goldenwest/Palm CASH CONTRACT No. CC-1128 Prepared Under the Supervision of: QROFIs Br No. 24577 a �C Exp.12-31-01 *� rM Tom Brohard, R.C.E. No. 24577 & R.T.E. No. 724 Date 7/10/00 NOTE: If there are any questions relative to this project, please call Doug Kato at: CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5431 11 TABLE OF CONTENTS SECTION A NOTICE INVITING SEALED BIDS..................................................................................... A-1 SECTION B INSTRUCTIONS TO BIDDERS.............................................................................................B-1 1. Proposal Forms............................................................................................................B-1 2. Proposal Guarantee......................................................................................................B-1 3. Proposal Signature.......................................................................................................B-1 4. Delivery of Proposal....................................................................................................B-2 5. Return of Proposal Guarantee......................................................................................B-2 6. Taxes............................................................................................................................B-2 7. Disqualification of Bidders..........................................................................................B-2 8. Contractor's License Requirement...............................................................................B-2 9. References....................................................................................................................B-2 10. Listing of Subcontractors...........................................................................................B-3 11. Discrepancies and Misunderstandings.......................................................................B-3 12. Equivalent Materials..................................................................................................B-3 13. Legal Responsibilities................................................................................................B-3 • 14. Award of Contract......................................................................................................B-3 15. Material Guaranty......................................................................................................B-4 16. Execution of Contract................................................................................................B-4 17. Submission of Bonds and Insurance 18. Addenda.....................................................................................................................B-4 ff SECTION C PROPOSAL............................................................................................................................. C-1,2 ProjectBid Schedule........................................................................................................C-2 Listof Subcontractors......................................................................................................C-4 Noncollusion Affidavit....................................................................................................C-5 UtilityAgreement.............................................................................................................C-6 Disqualification Questionnaire........................................................................................C-7 Compensation Insurance Certification..............................................................................C-8 Underground Service Alert - I.D. Number......................................................................C-9 Bidder's Information.................................................................................................C-10,11 SECTION D SAMPLE CONTRACT............................................................................................................ D-1 SECTION E SPECIAL PROVISIONS......................................................................................E-1 PART 1 GENERAL PROVISIONS SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS........................................E-1 1-2 DEFINITIONS SECTION 2 - SCOPE AND CONTROL OF WORK.........................................E-2 2-1 AWARD AND EXECUTION OF CONTRACT 2-4 CONTRACT BONDS 2-5 PLANS AND SPECIFICATIONS 2-9 SURVEYING 2-10 AUTHORITY OF BOARD AND INSPECTION SECTION 4 - CONTROL OF MATERIALS .....................................................E-5 4-1 MATERIALS AND WORKMANSHIP iv SECTION5 - UTILITIES.................................................................................... E-6 5-1 LOCATION 5-4 RELOCATION 5-5 DELAYS SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK ...................................... E-7 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6-7 TIME OF COMPLETION 6-9 LIQUIDATED DAMAGES SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR ........................E-8 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES 7-2 LABOR 7-3 LIABILITY INSURANCE 7-5 PERMITS 7-8 PROJECT SITE MAINTENANCE 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7-10 PUBLIC CONVENIENCE AND SAFETY SECTION 8 - FACILITIES FOR AGENCY PERSONNEL ............................E-12 8-1 GENERAL SECTION 9 - MEASUREMENT AND PAYMENT........................................E-13 9-3 PAYMENT PART 2 CONSTRUCTION MATERIALS SECTION 200 ROCK MATERIALS E-14 200-2 UNTREATED BASE MATERIALS SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS...................................................... E-14 201-1 PORTLAND CEMENT CONCRETE SECTION 203 - BITUMINOUS MATERIALS ...............................................E-14 203-BITUMINOUS MATERIALS v PART 3 CONSTRUCTION METHODS SECTION 300 - EARTHWORK.......................................................................E-16 300-1 CLEARING AND GRUBBING 300-2 UNCLASSIFIED EXCAVATION SECTION 302 - ROADWAY SURFACING ....................................................E-17 302-5 ASPHALT CONCRETE PAVEMENT - SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION.............E-20 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION...............E-20 306-1 OPEN TRENCH OPERATIONS SECTION 307 - STREET LIGHTING AND TRAFFIC SIGNALS.................E-22 SECTION 310 - PAINTING.............................................................................E-23 310-5 PAINTING VARIOUS SURFACES APPENDIX I — MAINTENANCE WORK TRAFFIC CONTROL MANUAL APPENDIX II — FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS APPENDIX III — PS&E CHECKLIST INSTRUCTIONS APPENDIX IV — FEDERAL PROPOSAL REQUIREMENTS AND CONDITIONS APPENDIX V — FEDERAL LABOR STANDARD PROVISIONS — PREVAILING WAGES REFERENCE SPECIFICATIONS — Standard Special Provisions for the Construction of Traffic Signals and Lighting Systems, 1999 Edition vi SECTION A NOTICE INVITING SEALED BIDS for the Traffic Signal Improvements at Newland/Warner, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater, Goldenwest/Palm FEDERAL No. STPLHG-5181(131) CASH CONTRACT No. 1128 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 pm on May 8, 2001. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $25.00 nonrefundable fee if picked up, or payment of a $35.00 nonrefundable fee if mailed. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuwit to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety -and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-1 The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 17th day of July 2000. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 SECTION B INSTRUCTIONS TO BIDDERS 1. Proposal Forms Bids shall be submitted in writing on the Proposal forms provided by the AGENCY. All information requested therein must be clearly and legibly set forth in the manner and form 'indicated. The AGENCY will reject any proposal not meeting these requirements. The bid shall be filed with the City Clerk, Second Floor City Hall, 2000 Main Street, Huntington Beach, California, which shall be endorsed with the Project Title and Cash Contract Number as it appears on the Notice Inviting Sealed Bids. The sealed envelopes will be publicly opened and read at the time and place stated in the Notice Inviting Bids. Bidders or their authorized agents are invited to be present at the opening. Unauthorized conditions, limitations, or provisions attached to a proposal will render it informal and may cause its rejection. The complete proposal forms shall be without interlineations, alterations or erasures. Alternative proposals will not be considered unless requested. No oral, telegraphic, or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, that it has been executed by the bidder or his duly authorized representative, and that it is filed with the AGENCY. 2. Proposal Guarantee Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier's check or bid bond payable to the AGENCY in the amount not less than 10% of the total amount named in the proposal. Any proposal not accompanied by such a guarantee will not be considered. Said check or bond shall be made payable to the AGENCY, and shall be given as a guarantee that the bidder, if awarded the Work, will enter into a contract within 10 working days after the award and will furnish the necessary bonds as hereinafter provided. In the case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the AGENCY. 3. Proposal Signature If the proposal is made by an individual, it shall be signed and his full name with his address shall be given; if it is made by a firm, it shall be signed with the copartnership name by a member of the firm who shall sign his own name and the name and address of each member shall be given; and if it is made by a corporation, the name of the corporation shall be signed by its duly authorized officer or officers attested by the corporate seal, and the names and titles of all officers of the corporation shall be given. B-1 4. Delivery Of Proposal Proposals shall be enclosed in a sealed envelope plainly marked on the outside: "SEALED BID" for Traffic Signal Improvements at Newland/Warner, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater, Goldenwest/Palm in the CITY OF HUNTINGTON BEACH - DO NOT OPEN WITH REGULAR MAIL Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the AGENCY's designated official prior to the bid opening hour stipulated in the Notice Inviting Sealed Bids. Late proposals will not be considered. 5. Return Of Proposal Guarantees The proposal guarantees of the second and third lowest bidders will be held until the awarded bidder has properly executed all contract documents. Within 10 working days after the award of contract, the remaining proposal guarantees accompanying all other proposals will become null and void and returned to the unsuccessful bidders. 6. Taxes No mention shall be made in the proposal of Sales Tax, Use Tax or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable. 7. Disqualification Of Bidders In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. 8. Contractor's License Requirement This project requires the Contractor to possess a valid State of California contractor's license of the proper classification in accordance with the provisions of Public Contract Code Section 10164. 9. References All reference information called for in the bid proposal must be submitted with the bid proposal. B-2 10. Listing Of Subcontractors Bidders shall list in the bid proposal the name and place of business of each subcontractor who will perform work or labor or render services for the Contractor in an amount in excess of one- half of one percent of the Contractor's total bid. 11. Discrepancies And Misunderstandings Bidders must satisfy themselves by personal examination of the work site, plans, specifications and other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the Work must be performed. No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Should a bidder find any errors, omissions, or discrepancies in the plans, specifications, and other contract documents or should he be in doubt as to their meaning, he shall notify the AGENCY. Should it be found necessary, a written addendum will be sent to all bidders. Any addenda issued during the bidding period shall form a part of the contract an shall be included with the proposal. 12. Equivalent Materials Requests for the use of equivalents to those specified, must be submitted to the AGENCY 10 working days prior to the need of such materials. Within that time, the AGENCY will issue a written response indicating approval or disapproval of such request. It is the sole responsibility of the successful bidder to prove to the AGENCY that such a material is truly an equivalent. 13. Legal Responsibilities All proposals must be submitted, filed, made and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions and requirements set forth, contemplated and referred to in the Plans, Specifications and other contract documents, and to full compliance therewith. Additionally, any bidder submitting a proposal shall, by such action thereby, agree to pay at least the minimum prevailing per diem wages as provided in Section 1773, et. seq. of the labor code for each craft, classification or type of workman required as set forth by the Director of Industrial Relations of the State of California. 14. Award Of Contract The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. The AGENCY reserves the right to reject any or all proposals, to waive any irregularity, and to take the bids under advisement for a maximum period of 60 days. In no event will an award be made until all necessary investigations are made to the responsibility and qualifications of the bidder to whom the.award is contemplated. B-3 15. Material Guarantee The successful bidder may be required to furnish a written guarantee covering certain items of work for varying periods of time from the date of acceptance of the work by the AGENCY. The work to be guaranteed, the form, and the time limit of the guarantee will be specified in the special provisions. Said guarantee shall be signed and delivered to the AGENCY before acceptance of the contract by the AGENCY. Upon completion of the contract, the amounts of the two contract bonds required in Section 2-4, "CONTRACT BONDS," of the Standard Specifications for Public Works Construction, may be reduced to conform to the total amount of the contract bid prices for the items of work to guaranteed, and this amount shall continue in full force and effect for the duration of the guarantee period. However, the Labor and Material Bond can not be reduced until the expiration of 35 days after the date of recordation of the Notice of Completion. 16. Execution Of Contract The successful bidder shall execute a written contract with the AGENCY on the form of agreement provided, and shall secure all insurance and bonds required by the Specifications within 10 working days from the date of the award. Failure to enter into a contract shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee. If the successful bidder fails to execute the contract, the AGENCY may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the contract, the AGENCY may award the contract to the third lowest bidder. On the failure of such second or third lowest responsible bidder to execute the contract, such bidder's guarantees shall be likewise forfeited to the AGENCY. The work may then be re -advertised. 17. Submission Of Bonds And Insurance The successful bidder will be required to furnish the necessary bonds and insurance to the AGENCY within 10 working days from the award of contract. Prior to the issuance of the Notice to Proceed, the AGENCY must be furnished with a Policy Endorsement, from the successful bidder's insurance company, naming the AGENCY as an additional insured. 18. Addenda The effect of all addenda to the contract documents shall be considered in the bid package and said addenda shall be made part of the contract documents and shall be returned with the bid package. Failure to submit any such addenda with the bid package may render the bid irregular and shall result in its rejection by the AGENCY. B-4 SECTION C PROPOSAL for the Traffic Signal Improvements at Newland/Warner, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater, Goldenwest/Palm FEDERAL No. STPLHG-5181(131) CASH CONTRACT No. CC-1128 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE CC-1140 Item o. strmated Quantity tem with pr►ee - written in>words Unit I'ri a"" `Amount 1 Traffic Signal Modification - Newland Street and Warner Avenue L.S. $ 1 @ Dollars Cents Lump Sum 2 'Traffic Signal Modification — Bolsa Chica Street and Warner Avenue L.S. $ 1 @ Dollars Cents Lump Sum 3 Traffic Signal Modification — Edwards Street and McFadden Avenue L.S. $ 1 @ Dollars Cents Lump Sum 4 Traffic Signal Modification — Gothard Street and Slater Avenue L.S. $ 1 @ Dollars Cents Lump Sum 5 Traffic Signal Modification — Golden West Street and Palm Avenue L.S. $ 1 @ Dollars Cents Lump Sum Total Amount Bid in Figures: $ Total Amount Bid in Words: C-2 PROJECT BID SCHEDULE CC-1140 Item Estimated em with price - 3"Offi- g Unit No. Quantity �4 words; - 1 Traffic Signal Modification - Newland Street and Warner Avenue L.S. $ 1 @ Dollars Cents Lump Sum 2 Traffic Signal Modification — Bolsa Chica Street and Warner Avenue L.S. $ 1 @ Dollars Cents Lump Sum 3 Traffic Signal Modification — Edwards Street and IvCdadden Avenue L.S. $ 1 @ Dollars Cents Lump Sum 4 Traffic Signal Modification — Gothard Street and Slater Avenue L.S. $ 1 @ Dollars Cents Lump Sum 5 Traffic Signal Modification — Golden West Street and Palm Avenue L.S. $ 1 @ Dollars Cents Lump Sum Total Amount Bid in Figures: $ Total Amount Bid in Words: C-2 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder Address of.Bidder Subscribed and sworn to before me this day of , 200 NOTARY PUBLIC. NOTARY SEAL C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Traffic Signal Improvements at Newland/Warner, Bolsa Chica/ Warner, Edwards/McFadden, Gothard/Slater, Goldenwest/Palm, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work; in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: Contractor By Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ❑ No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. Date: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, State Zip c ) Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by of our office on , 200_. The following are persons, firms, and corporations having a principal interest in this proposal: C-10 r The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this _ day of , 200_ NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 2. 3. Name and Address of Public Agency Name and Telcphone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Date Completed Date Completed Contract Amount Type of Work Date Completed C-11 SECTION D SAMPLE CONTRACT D-1 SAMPLE FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTIONS OF NEWLAND/WARNER, BOLSA CHICAIWARNER, EDWARDS/MCFADDEN, GOTHARD/SLATER AND GOLDENWEST/PALM, CC-1128 TABLE OF CONTENTS Page No. 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. CALIFORNIA FAIR EMPLOYMENT 5 11. CALIFORNIA PREVAILING WAGE LAW 6 12 CALIFORNIA PREVAILING WAGE LAW - PENALTY 6 13. CALIFORNIA EIGHT HOUR LAW 7 14. CALIFORNIA EIGHT HOUR LAW - PENALTY 7 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 7 16. EMPLOYMENT APPRENTICES 7 17. PAYROLL RECORDS 8 18. INDEPENDENT CONTRACTOR 8 19. LIQUIDATED DAMAGES/DELAYS 8 20. DIFFERING SITE CONDITIONS 10 21. VARIATIONS IN ESTIMATED QUANTITIES 10 22. PROGRESS PAYMENTS 11 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 12 24. AFFIDAVITS OF SATISFACTION OF CLAIMS 12 25. WAIVER OF CLAIMS 12 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 27. WORKERS COMPENSATION INSURANCE 13 28. INSURANCE 13 29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 30. DEFAULT & TERMINATION 15 31. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS 15 32 NON -ASSIGNABILITY 15 33. CITY EMPLOYEES AND OFFICIALS 16 34. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS 16 35. NOTICES 16 36. CAPTIONS 16 37. FEDERAL PARTICIPATION 17 38. DAVIS-BACON ACT 17 39. DISCRIMINATION; MINORITIES, ALIENS 17 40. EQUAL EMPLOYMENT OPPORTUNITY 17 41. COPELAND "ANTI -KICKBACK" ACT 18 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 18 43. CLEAN AIR ACT AND FEDERAL WATER -POLLUTION CONTROL ACT 19 44. ENERGY CONSERVATION 20 45. HOUSING AND URBAN DEVELOPMENT 20 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED 20 47. ATTORNEY FEES 20 48. ENTIRETY 21 SAMPLE FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTIONS OF NEWLANDIWARNER, BOLSA CHICA/WARNER, EDWARDS/MCFADDEN, GOTHARD/SLATER AND GOLDENWEST/PALM, CC-1128 THIS AGREEMENT is made and entered into on this day of 2000, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works PROJECT, hereinafter referred to as "PROJECT," more fully described as traffic signal improvements at the intersections of Newland/Warner, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater and Goldenwest/Palm, CC-1128, in the City of Huntington Beach, California; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or 1 agree/forms/fedagree/06/16/00 SAMPLE discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the sarne force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. -Bonds covering the work herein agreed upon; C. The 2000 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern 2 agree/forms/fedagree/06/16/00 SAMPLE California Chapter of the American Public Works Association and the Southem California District Associated General Contractors of the California Joint Cooperative Committee; D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the. Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between. the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed Dollars ($ ) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT tp completion 3 agree/forms/fedagree/06/16/00 SAMPLE within sixty (60) working days from the execution of this Agreement by CITY, excluding delays provided for herein. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the contract documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the contract documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work on CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the contract documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work . necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR. make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the..DPW. 4 agree forms/fedagree/06/16/00 SAMPLE When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward. or downward accordingly. 7.' NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. .WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural 5 agree/farms/fedagree/06/16/00 SAMPLE facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with California Government Code Sections 12900 et seq. 11. CALIFORNIA PREVAILING WAGE LAW. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. 12. CALIFORNIA PREVAILING WAGE LAW - PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 6 agree/forms/fedagree/06/16/00 SAMPLE 13. CALIFORNIA EIGHT -HOUR LAW California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty (40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. 14. CALIFORNIA EIGHT HOUR LAW- PENALTY Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 15. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the .payment of travel and subsistence allowance is applicable to this PROJECT. 16. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 7 agree/forms/fedagree/06/16/00 SAMPLE 17. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 18. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 19. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500) per day for each and every working day's delay in completing the work 8 agree/forms/fedagree/06/16/00 SAMPLE 4 completing the work in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this -Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. 9 agree/fortes/fedagree/06/16/00 SAMPLE No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 20 DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, y. however, the time prescribed therefor may be extended by CITY. 21. VARIATIONS IN ESTIMATED QUANTITIES 10 The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT,.if the actual quantities used are either more than or less than the 10 agree/forms/fedagree/06/16/00 SAMPLE - 16 quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 22. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and .less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in agree/forms/fedagree/06/16/00 SAMPLE the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 23. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 24. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 25. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which 12 agree/forms/fedagree/06/16/00 SAMPLE arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 27. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by. disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 28. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability 13 agree/forms/tedagree/06/16/00 SAMPLE and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 29. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar.type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or 14 agree/forms/fedagree/06/16/00 SAMPLE a copy of all said policies of -insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 30. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 31. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of -this Agreement, -all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 32. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior.written consent of CITY and the surety. 15 agree/forms/fedagree/06/16/00 SAMPLE 33. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY. shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. • 34. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices To Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such Stop Notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 35. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the parry to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 36. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 16 agree/form s/fedagree/06/1 6/00 SAMPLE 37. FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. A DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC Section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 39. DISCRII'yIINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 40. EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR part 60). 17 agree/forms/fedagree/06/16/00 SAMPLE CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29- USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the CITY its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when. applicable. 41. COPELAND "ANTI -KICKBACK" ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland "Anti -Kickback" Act (18 USC Section 874), as supplemented in Department of Labor regulations, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 42. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each 18 agree/forms/fedagree/06/16/00 SAMPLE CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. 43. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air.Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. (c) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating Facilities. 19 agree/forms/fedagree/06/16/00 SAMPLE (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 44. ENERGY CONSERVATION. Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC Section 6201, et seq.). 45. HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 46. LEGAL SEPVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service. expenses incurred by - CONTRACTOR. 47. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 20 agree/formslfedagree/06/ 16/00 SAMPLE 48. 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 offices the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name ITS: (circle one) Chairman/President/Vice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator Mayor ATTEST: City Clerk APPROVED AS TO FORM: K-City Attorney Ud INITIATED AND APPROVED: 21 agree/forms/fedagree/06/16/00 SAMPLE Director of Public Works SECTION E SPECIAL PROVISIONS All the Work to be done under this contract shall be in accordance with these Special Provisions and the "GREENBOOK" Standard Specifications for Public Works Construction, 2000 edition as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of Associated General Contractors of California. Copies of the Standard Specifications are available from the publisher: BNi Building News 1612 South Clementine Street Anaheim, California 92802 (714) 517-0970 The Standard Specifications set forth above, referred hereinafter as Standard Specifications, will control the general provisions, construction materials, and construction methods for this contract except as amended by the Plans, Special Provisions, or other contract documents. The section numbers of these Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment, elaboration, or specifying options, are called out. PART 1 GENERAL PROVISIONS SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS 1-2 DEFINITIONS [Add or redefine the following:]. AGENCY - The City of Huntington Beach. Board - The City Council of the City of Huntington Beach. Caltrans - The State of California Department of Transportation. County - The County of Orange. Engineer - The City Engineer of the City of Huntington Beach or his authorized representative. E-1 SECTION 2 SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT [Replace with the following:]. Within 10 working days after the date the AGENCY'S award of contract, the Contractor shall execute and return all contract documents required by the AGENCY. The AGENCY reserves the right to terminate the award if the above requirement is not met. Such termination will result in the forfeiture of the Proposal Guarantee. The Contract Agreement shall not be considered binding upon the AGENCY until executed by the authorized AGENCY officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the AGENCY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so. 2-4 CONTRACT BONDS [Add the following:]. The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until 35 days after the date of recordation of the Notice of Completion. In conformance with the State of California Government Code, Chapter 13, Section 4590, the Contractor may substitute securities for any monies withheld by the City to endurance under the contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the AGENCY, or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor upon notification by AGENCY of Contractor's satisfactory completion of the contract. The type of securities deposited and the method of release shall be approved by the AGENCY. 2-5 PLANS AND SPECIFICATIONS 2-5.1 General [Add the following:]. Only written authorization from the AGENCY shall be binding over any deviation or change in the Plans and Specifications. Please refer to SECTION 3 - CHANGES IN WORK for further explanation. The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show E-2 the as -built conditions. Upon completion of all Work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met. Reference in the Special Provisions to "State Standard Specifications" shall mean the Standard Specifications, latest edition, of the State of California, Department of Transportation. Copies of these specifications may be obtained from: State of California - Department of General Services Publications Distribution Unit P.O. Box 1015 North Highlands, California 95660 Reference in the Special Provisions to Standard Plans shall mean the Standard Plans of the City of Huntington Beach, and where applicable, the following: Standard Plans for Public Works Construction, published by the American Public Works Association, latest edition. Standard Plans, published by the Orange County Environmental Management Agency. Standard Plans, published by the State Department of Transportation, latest edition. Applicable Standard Plans for this project are contained in Appendix I of these Special Provisions. 2-9 SURVEYING 2-9.1 Permanent Survey Markers [Add the following:]. When the Contract does not include a pay item for monument adjusting as specified, and unless otherwise provided in the Specifications, full compensation for adjusting to finished grade shall be included in the price bid for other items of work and no additional compensation will be allowed therefor. 2-9.3 Survey Service [Add the following:]. All construction surveying and monument preservation surveying necessary to complete the work shown on the plans and provides in these contract documents and specifications shall be accomplished by or under the direction of a licensed Land Surveyor or Professional Engineer, with the ability to practice land surveying, retained or provide by the contractor. The AGENCY reserves the right to direct additional construction survey be performed when it feels it is required to adequately construct the work. Payment for construction surveying and monument preservation shall be per the contract lump sum bid price and no additional compensation will be allowed therefor. When the Contract does not include a pay item for construction surveying and monument preservation as specified above, and unless otherwise provided in the Specifications, full compensation for all construction E-3 surveying and monument preservation required to complete the work shall be included in the price bid for other items of work and no additional compensation will be allowed therefor. 2-10 AUTHORITY OF BOARD AND INSPECTION [Add the following]. The Contractor shall give at least 24 hours advance notice when he or his subcontractor will start or resume the work. The above notice is to be given during working hours, exclusive of Saturday, Sunday or AGENCY holidays for the purpose of permitting the Engineer to make necessary assignments of his representatives. If the Contractor elects to work under this contract more than 8 hrs./day or more than 40 hrs./week, Saturday, Sunday, or AGENCY holidays, he shall arrange with the Engineer for the required inspection service and pay the Special Inspection Fees which will be charged at the following rates: 4 hrs. or less/day - $225.00 4 hrs. to 8 hrs./day - $450.00 When Special Inspection is required, the Contractor shall notify the AGENCY and pay inspection fees 24 hours in advance. If the Contractor is directed by the AGENCY to work under this contract more than 8 hrs./day or more than 40 hrs./week, the Special Inspection fee requirements will be waived. E-4 SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.1 General [Add the following:]. The Contractor and all subcontractors, suppliers, and vendors, shall guarantee that the entire Work will meet all requirements of this contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the AGENCY, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one year after the date of recordation of the Notice of Completion. Within this one year period, the Contractor shall also restore to full compliance with requirements of this contract any portion of the Work which is found to not meet those requirements. The Contractor shall hold the AGENCY harmless from claims of any kind arising from damages due to said defects or noncompliance. Security of this guarantee shall be in the form of a Maintenance Bond furnished to the AGENCY by the Contractor. There shall be specific wording in the Maintenance Bond, that includes the guarantee or warranty of the labor and materials for a one year period, commencing from the recording date of the Notice of Completion by the County Recorder. The guaranteed amount shall be for 100 percent of the total amount earned to date as indicated on the final progress payment. The AGENCY reserves the right to withhold the retention until the Maintenance Bond has been accepted by the AGENCY. The Contractor shall make all repairs, replacements, and. restorations covered by the Maintenance Bond within 10 working days after the date of the Engineer's written notice. Failure to comply with such notice, will cause the AGENCY to file claim against the bond. Excepted from the Maintenance Bond will be defects caused by acts of God, acts of the AGENCY, acts of vandals, or by acts of others outside or beyond the control of the Contractor. 4-1.4 Test of Materials [Replace the third sentence of the first paragraph with the following:]. Unless otherwise provided, all testing shall be performed under the direction of the Engineer and the AGENCY will bear the cost of initial testing of material and workmanship which are required by the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor. 4-1.6 Trade Names or Equals [Replace the last two sentences of the first paragraph with the following:]. Approval of equipment and materials offered as equivalents to those specified must be obtained as set forth in the Instructions to Bidders. E-5 SECTION 5 UTILITIES 5-1 LOCATION [Replace the first sentence of the last paragraph with the following:]. The location and existence of any underground utility or substructure was obtained from a search of available records. No guarantee is made or implied that the information is complete or accurate. It shall be the Contractor's responsibility alone to determine the location of underground utilities or substructures of every nature and to protect them from damage. The Contractor shall pothole all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by the Work. 5-4 RELOCATION [Replace the second sentence of the last paragraph with the following:]. When not otherwise required by the plans and specifications and when directed by the Engineer, the Contractor shall arrange for the relocation of service connections, as necessary, between the meter and property line, or between the meter and limits of construction. 5-5 DELAYS [Add the following paragraph:]. All notification to utility companies insofar as the relocation or removal of a utility shall be made by the Engineer based on Contractor's request as submitted to the Engineer at least 48 hours in advance of the needed work. Any costs for delay of the Contractor of utility companies in this regard shall be assigned to the Contractor, if these costs are a result of the Contractor's request being untimely in any respect excepting thereof any delay cost incurred as a result of the utility company not responding at their agreed time. E-6 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK [Replace the first sentence of the first paragraph with the following:]. The Contractor's proposed construction schedule shall be submitted to the Engineer within 10 working days after the date of the AGENCY'S execution of the Contract Agreement. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered. Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures. The Contractor shall submit progress reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-7 TIME OF COMPLETION 6-7.1 General [Add the following:]. The time within which the Work must be completed by the Contractor is fixed at 60 working days, including delivery of materials, starting from and after the date in the Notice to Proceed with the Work, exclusive of maintenance periods. 6-7.2 Working Day [Add the following:]. The Contractor's activities shall be confined to the hours between 7:00 A.M. to 4:00 P.M., Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor. 6-9 LIQUIDATED DAMAGES [Amend the liquidated damage amount to read:]. $500.00. E-7 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES [Add the following:]. A noise level limit of 95 dbl. at a distance of 50' shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. 7-2 LABOR 7-2.2 Laws [Add the following:]. The Contractor, and all subcontractors, suppliers and vendors, shall comply with all AGENCY, State and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments. The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers. 7-3 Liability Insurance [Add the following:]. The insurance companN issuing the Certificates of Insurance is required to be duly licensed to transact business in the State of California. 7-5 PERMITS [Delete Subsection in total and substitute with the following:]. Prior to the start of any work, the Contractor shall take out the applicable AGENCY permits and make arrangements for AGENCY inspections. The AGENCY will issue the permits at no charge to the Contractor. The Contractor and all subcontractors shall each obtain an AGENCY business license, and shall be licensed in accordance with State Business and Professions Code. The Contractor, at no additional cost to the AGENCY, shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity. 7-8 PROJECT SITE MAINTENANCE 7-8.1 Cleanup and Dust Control [The second paragraph is amended to read:]. Unless directed otherwise by the Engineer, the Contractor shall furnish and operate a self -loading motor sweeper with spray nozzles at least once each working day to keep paved areas acceptably clean wherever construction, including restoration, is incomplete. E-8 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS [Delete the second paragraph and substitute with the following:]. The Contractor shall relocate, repair, replace or reestablish all existing improvements within the project limits which are not designated for removal (e.g., curbs, gutters, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements, and structures.) which are damaged or removed as a result of his operations. Where existing traffic striping, pavement markings and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements. Relocations, repairs, replacements or reestablishments shall be equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified. [Delete the last paragraph and substitute the following:]. All cost to the Contractor for protecting, removing, restoring, repairing, replacing, or reestablishing existing improvements shall be included in the bid in other items of work unless otherwise specified. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access [Add the following:]. All traffic control shall be in accordance with the latest edition of the following documentation: Caltrans - Manual of Traffic Control Devices for Construction and Maintenance Work Zones, Traffic Manual, Sign Specifications, Standard Plans, Standard Specifications and the AGENCY'S Maintenance Work Traffic Control Manual. The Contractor shall provide, to the Engineer, a telephone number at which the Contractor's representatives can be reached, at any hour, should an emergency occur requiring replacement or relocation of the required traffic control devices. Prior to the start of construction, the Contractor shall inform the AGENCY'S Police and Fire departments of the projectlocation, approximate starting date, completion date, and the name and telephone number of contractor representatives who may be contacted at any hour in the event of an emergency. POLICE DEPARTMENT: Watch Commander @ (714) 960-8809 FIRE DEPARTMENT: Battalion Chief/Development @ (714) 536-5411 E-9 Information signs shall be required on all arterial streets one week prior to beginning of roadway construction projects. The Contractor shall adhere to applicable sections of California Administrative Code, Title 8, concerning electrical and construction safety standards and practices. Contractor shall require that an approved safety vest be worn by all personnel who are working at this project site. Any worker without a vest may be ordered off the job by the Inspector until such apparel is acquired. Questions as to approved vests shall be directed to the Engineer. If the traffic cones or portable delineators are damaged, displaced or are not in an upright position, for any reason, the contractor shall immediately replace or restore to their original location, in an upright position, the cones or portable delineators. The Contractor shall provide and maintain all signs, barricades, flashers, delineators and other necessary facilities for the protection of the motoring public within the limits of the construction area. He shall also post proper signs to notify the public regarding detours and conditions of the roadway, all in accordance with the provisions of the Vehicle Code, the current State of California Department of Transportation "Manual of Traffic Controls for Construction and Maintenance Work Zones", and the State of California Department of Transportation Standard Plans and the current City of Huntington Beach Maintenance Work Traffic Control Manual. The Contractor shall furnish such flagmen and equipment as are necessary to give adequate warning to traffic or to the public of any dangerous conditions in accordance with the current Department of Transportation "Instructions to Flagmen". Prior to the work, flaggers shall be trained in moving traffic per Section 1599 (f) of Title 8, Subchapter 4, Article 11 of the California Code of Regulations (see http://www.dir.ca.gov/title8/1599.html). All existing traffic signs and street signs shall be maintained in visible locations during construction. Signs designated for removal shall be salvaged and delivered to the AGENCY Yard or disposed of as directed by the AGENCY. Warning Signs Adequate warning signs for motorists shall be placed and maintained throughout all applicable phases of the work including speed limit reduction, loose gravel, fresh oil, and open trench. Construction signs shall be Standard Size per the latest edition of the Work Area Traffic Control Handbook published by Building News. The signs shall be on site and ready for placement prior to start of the applicable phase of work and shall be placed in advance on all streets approaching the work zone. E-10 7-10.3 Street Closures, Detours, Barricades [Add the following:]. Street closures will not be allowed except as specifically permitted by the Engineer. 7-10.5 Protection of the Public [Delete Subsection in total and substitute with the following:]. It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation, the Engineer may provide suitable protection to said interests by causing such work to be done and material to be furnished as may be necessary. The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the AGENCY for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the AGENCY does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety. E-11 SECTION 8 FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL [Add the following:]. No field offices for AGENCY personnel will be required, however, the AGENCY personnel shall have the right to enter upon the project at all times and shall be admitted to the offices of the Contractor, at any time during the operation of the Work. E-12 SECTION 9 MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General [Delete the last paragraph and substitute with the following:]. At the expiration of 35 days from the filing and recording of the Notice of Completion of the Work, the amount deducted from the final estimate and retained by the AGENCY will be paid to the Contractor except such amounts as required to be withheld by properly executed and filed to stop payment, or as may be authorized by the contract. 9-3.2 Partial & Final Payment [Amend the first sentence of the first paragraph to read:]. The closure date for the purpose of making partial progress payments will be the last day of each month. The Contractor may request, in writing, that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the AGENCY'S payment procedure. Each month, the Contractor shall meet with the Engineer, a minimum of three working days prior to the submittal of the progress payment to the AGENCY, to finalize and receive approval regarding the measurement of the Work performed through the closure date and the estimated value of the progress payment based on the contract Unit Prices or as provided for in Section 9-2. Any progress payment submitted without such approval will be considered incomplete and returned to the Contractor and no payment shall be considered until such approval is obtained. [Add the following to the end of the section:]. Payments will be withheld pending receipt of any outstanding reports required by the contract documents. In addition, the final progress payment will not be released until the Contractor returns the control set of specifications and plans indicating the as -built conditions. At the request and expense of the Contractor, who shall retain beneficial ownership and receive interest, if any thereon, the AGENCY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by the AGENCY. E-13 PART 2 CONSTRUCTION MATERIALS SECTION 200 ROCK MATERIALS 200-2 UNTREATED BASE MATERIALS 200-2.1 General [Add the Following:]. Untreated base to be used for the base course under asphalt concrete pavement shall be crushed miscellaneous base. Payment for Untreated Base will be made at the contract unit price per ton which shall include full compensation for furnishing all material required under untreated base in accordance with the plans and these special provisions and no additional compensation will be allowed therefor. SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.2 Materials. 201-1.2.4 Admixtures [Delete Subsection in total and replace with the following:]. Admixtures will not be permitted. 201-1.2.5 Fly Ash [Delete Subsection in total and replace with the following:]. Fly Ash will not be permitted. SECTION 203 BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE. 203-6.1 General [Delete the second paragraph and replace with the following:]. Asphalt Base Course shall be Type III-B2-AR4000. And Asphalt Surface Course shall be Type III-C3-AR4000. E-14 SECTION 213 ENGINEERING FABRIC 213-3 PAVEMENT REPAIR MEMBRANE [Is hereby added to Section 213:]. 213-3.1 General Pavement Repair Membrane shall be PETROTAC or an approvtd equal nonwoven, needlepunched polypropylene fabric reinforced with rubberized asphalt mastic on the bottom side and precoated with asphalt on the top surface and conforming to the following: The work involved shall consist of placing a 12 inch wide strip of membrane over all cracks 1/4 inch or greater that have been routed and sealed per the specifications. Any fabric damage during its installation or during its use shall be replaced. 213-3.2 Measurement and Payment Payment for pavement repair membrane shall be per contract bid unit price which shall include full compensation for furnishing and placing pavement repair membrane. E-15 PART 3 - CONSTRUCTION METHODS SECTION 300 EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.3 . Removal and Disposal of Materials. 300-1.3.1 General [Delete Subsection in total and substitute with the following:]. No burning will be permitted. No accumulation of flammable material shall remain on or adjacent to the right-of-way. The roadway and adjacent areas shall be left with a neat and finished appearance. In order to protect the public streets from deterioration due to hauling of materials, the Contractor shall submit, prior to the pre job meeting, for approval a proposed route for hauling of materials for disposal. Upon approval, the Contractor shall strictly adhere to that route, unless written permission from the Engineer is obtained to change the route. 300-2 UNCLASSIFIED EXCAVATION 300-2.1 General [Add the following:]. Unclassified excavation shall include excavating, removing, hauling and disposal of all material including asphalt concrete pavement to the subgrade elevations indicated on the plans as required to construct the new improvements. Removal of asphalt concrete, aggregate base and native soil shall be made at the locations shown on the plans, or as specified in the field by the Engineer. Asphalt pavement shall be removed to clean straight lines by saw cutting. The areas and quantities shown on the plans are given only for the Contractor's aid in planning the Work and preparing bids. The Engineer shall designate the limits to be removed and these designated areas shall be considered to take precedent over the areas shown on the plans. No guarantee is made that areas or quantities shown will equal the areas or quantities designated by the Engineer. 300-2.9 Payment [Add the following:]. Unless directed otherwise by the Engineer, stockpiling of removal material will not be allowed in or around the project site. Said payment shall also include full compensation for all required saw cutting of removal areas. E-16 SECTION 302 ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT 302-5.1 General [Add the following:]. Tarpaulins shall be used to cover all loads from plant to project. 1% Each layer of asphalt concrete shall not exceed 0.25 foot in compacted thickness. Each layer shall be completely placed and compacted prior to commencement of successive layers. Tracks or wheels of spreading equipment shall not be operated on the top layer of asphalt concrete in any area until final compaction has been completed. Three -wheeled rollers shall not be permitted, and pneumatic rollers shall be used only on lower layers. Initial breakdown compaction shall consist of a minimum of three coverages of layer of asphalt mixture. A pass shall be movement of a roller in both directions over the same path. A coverage shall consist of as many passes as are necessary to cover the entire width being paved. Overlap between passes during any coverage, made to insure compaction without displacement of material in accordance with good rolling practices, shall be considered to be part of the coverage being made and not part of a subsequent coverage. Each coverage shall be completed before subsequent coverage is started. Prior to placement of asphalt concrete, a tack coat of SS 1 H emulsified asphalt shall be applied to all contract surfaces. An asphalt leveling course shall be applied in depressed areas in accordance with the plans and/or as directed by the Engineer. An automatic leveling device shall be used on the paver unless omitted by the Engineer. Longitudinal joints between successive paving runs shall coincide with the traffic lanes lines. Contractor will be provided with striping plans for those roads where the striping will change prior to the start of work. Local streets will not be striped except for special cases for which striping plans will be provided. All other roads will be striped to match the existing pattern. 302-5.2 Cold Milling Asphalt Concrete Pavement 302-5.2.1 General [Replace the last sentence of the first paragraph with the following:]. The surface tolerance permitted as measured along a 10 foot straight edge shall be 3/8 inch laterally (except in crown areas) and 3/16 inch longitudinally. If in the judgment of the Engineer, the joint cut varies from a straight line or ravels excessively, he may require the longitudinal joint to be saw cut. E-17 The Contractor shall protect all existing facilities during the planning operation and repair or replace any damage facilities. These existing facilities shall include but not be limited to: A. Concrete curbs, gutters, driveways and sidewalks. B. Roadside signs. C. Trees and shrubs adjacent to the Work area. D. Utility lines, vaults, manholes, valves and signal detector loops. 302-5.2.2 Equipment [Add the following:]. The planning machine shall plane without tearing or gouging the underlying surface, shall be adjustable as to crown and depth by tilting the drum axis, and shall be capable of cutting sharp straight longitudinal edge joints in the pavement. 302-5.5 Distribution and Spreading [Add the following:]. Prior to placing asphalt pavement overlay, all vegetation shall be removed from the cracks in the pavement and all joints between the pavement and concrete gutters by the Contractor. The surface to be overlaid shall be cleaned by the Contractor to remove moisture, dirt, grease, or other foreign matter which would reduce the bond between the overlay and the pavement. 302-5.8 Manholes [Delete Subsection in total and substitute with the following:]. The manhole and valve box locations and distance from curb to center shall be marked on the curb face by the Contractor. The method of adjusting manholes in areas for resurfacing shall be as follows: The asphalt pavement immediately adjacent to the manhole shall be removed, the manhole shaft extended with adjustment ring(s) to proper grade, the manhole frames and covers replaced, the manhole frames set in concrete, and the pavement replaced with a minimum of 2 inches of asphalt concrete. The finished grade of the water valve frame and cover shall be '/4 inches below the finish grade of the asphalt pavement. The Contractor shall notify affected utility owners at least 5 working days in advance of the need to commence work required prior to paving operations and again for work required after paving operations. The Contractor shall mark locations of utility vaults where utility companies specifically state adjustments shall be made after paving. If it is found to impractical for the utility owner to complete remodeling or adjustment to structures, as evaluated by the Engineer, then the Contractor shall be absolved of further responsibility in connection therewith, and the structure shall be adjusted to grade by the utility owner under permit or ordinance procedure established by the AGENCY for utility cuts in pavement. E-18 Any new concrete surface on the inside of an AGENCY sewer manhole shall be applied with a Zebron or Sancon coating or an approved equal.. Payment for sewer manhole coating and manhole adjusting will be made at the contract unit bid price per each which shall constitute full compensation. Payment for valve box adjusting will be made at the contract unit bid price per each which shall constitute full compensation. 302-5.9 Measurement and Payment [Amend the first paragraph to read:]. Asphalt concrete pavement will be paid for at the contract unit price per ton. Such price shall include removing existing raised pavement markers, preparation of subgrade, applying tack coat, and placement of asphalt concrete leveling course. 302-5.10 Crack Repair [Is hereby added to Section 302-5:]. Cracks 1/4 inch and greater shall be cleaned for the entire crack depth using sandblasting, brushing, and air blowing techniques as required to provide a crack free from all debris, dust, loose material and moisture. Gouging or plowing may be required to remove incompressible deep in the crack. The cleaned crack shall be filled with granulated tire rubber, plasticizer and filler, as manufactured by Crafco as Road Saver 221, or approved equal. All crack filler material shall be in conformance with the following specifications: ASTM D1190, D3405, AASHTP M173. and Federal SS-S-164 and SS-S-1041B. All holes shall be cleaned of loose materials and filled with AR4000 '/2 inch III-C-3 surface course and compacted to a smooth even surface with the adjacent existing pavement. 302-5.11 Measurement and Payment [Is hereby added to Section 302-5:]. Payment for crack repair shall be included in the contract unit bid price for Pavement Repair Membrane installation which shall include full compensation for furnishing crack routing, crack cleaning, and application of sealant and no additional compensation will be allowed therefor. 302-7 PAVEMENT FABRIC [Amend heading to read:]. 302-7 PAVEMENT FABRIC & PAVEMENT REPAIR MEMBRANE 302-7.2 Placement 302-7.2.1 Pavement Preparation [Add the following:]. The entire surface to be covered shall be free of water, foreign matter, vegetation, or dust before application of the pavement fabric. E-19 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAY 303-5.5 Finishing. 303-5.5.4 Gutter [Add the following:]. When gutter is constructed at a rate of grade less than 0.30% it shall be water tested. If any portion of the newly constructed gutter is shown to pond water, that portion, including curb if applicable, shall be removed, reconstructed, and retested by the Contractor at no additional cost to the AGENCY. The exact limits of removal will be determined based on a survey conducted by AGENCY forces, unless otherwise directed by the Engineer. 303-5.9 Measurement and Payment [Add the following:]. Payment for concrete curb, gutter and sidewalk shall be per contract bid unit price. Such price shall constitute full compensation for required saw cutting, removal and disposal of existing curb, gutter and sidewalk. SECTION 306 UNDERGROUND CONDUIT CONSTRUCTION 306-1 OPEN TRENCH OPERATIONS 306-1.1 Trench Excavation. 306-1.1.1 General [Replace the last sentence in the third paragraph and add the following:] If groundwater is encountered, the Contractor shall dispose of it by any method acceptable to the Engineer. The trench shall be dewatered to a minimum depth of 12 inches below trench bottom. The cost of any dewatering shall be included in the cost of pipe construction and no additional compensation will be allowed therefor. 306-1.1.6 Bracing Excavations [Add the following:]. Payment for trench shoring will be made at the contract lump sum price which shall constitute full compensation. E-20 306-1.2 Installation of Pipe 306-1.2.1 Bedding [Replace the second sentence of the second paragraph with the following:]. Bedding for sewer main and/or storm drain pipe shall conform to AGENCY Standard Plans. Additional bedding ordered by the Engineer, over the amount indicated on the plans due to unsuitable material, shall be paid for per Subsection 3-3. Bedding for pipe shall conform to AGENCY Standard Plans. 306-1.2.2 Pipe Laying [Add the following:]. One or two foot standard lengths of pipe shall be used for inlet and outlet connection to the manhole assemblies. 306-1.3 BACKFILL AND DENSIFICATION 306-1.3.3 Water Densified Backfill [Delete Subsection in total and substitute with the following:]. Water densified backfill will not be permitted. 306-1.3.4 Compaction Requirements [Delete Subsection in total and substitute with the following:]. Trench backfill shall be compacted to a relative compaction of 90% from the top of the bedding section to 12 inches below pavement subgrade, or finished grade where there is no pavement, and 95% from 12 inches below pavement subgrade to pavement subgrade. 306-1.6 Bases of Payment for Open Trench Installations [Delete the second paragraph and substitute with the following:]. The price per linear foot for pipe shall be considered full compensation for all wyes, tees and bends and specials shown on the Plans; the removals of interfering improvements; the excavation of the trench; the control of ground and surface water; the preparation of subgrade; the placement and joining of pipe; backfilling the trench; temporary and permanent resurfacing; and all other work necessary to install the pipe, complete in place. No additional compensation will be allowed therefor. E-21 SECTION 307 STREET LIGHTING AND TRAFFIC SIGNALS The text of Section 307 of the Standard Specifications is hereby deleted and replaced with the City of Huntington Beach Standard Special Provisions for the Construction of Traffic Signals and Lighting Systems, 1999 Edition. E-22 SECTION 310 PAINTING 310-5 PAINTING VARIOUS SURFACES 310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings [Delete Subsection in total and substitute with the following]. All final street striping, pavement markers and signage shall be installed by AGENCY forces. The Contractor shall coordinate with the AGENCY's Traffic Signs and Markings Maintenance section, at (714) 536-5428 a minimum of four working days prior to final pavement surfacing or patching to arrange for restriping of street. Payment for coordination shall be included in the contract unit bid prices of related items of work. Removal of Traffic Stripes, Pavement Markings, and Raised Pavement Markers: Traffic stripes shall be removed before any change is made in the traffic pattern, and before painting new stripes, markings, and installing new RPMs. Traffic stripes, pavement markings and raised pavement markers shall be removed to the fullest extent possible from the pavement by any method that does not damage the surface or texture of the pavement. Sand or other material deposited on the pavement or sidewalk as a result of removing traffic stripes and markings shall be removed as the work progresses. Accumulations of sand or other material which might interfere with drainage or might constitute a hazard to traffic will not be permitted. Where sandblasting is used for the removal of traffic stripes and pavement markings or for removal of objectionable material, and such removal operation is being performed within ten feet of the traveled way, the residue, including dust, shall be removed immediately after contact between the sand and the surface being treated. Such removal shall be by a vacuum attachment operating concurrently with the blast cleaning operations. Pavement surface shall be "Fog -Sealed" after striping removal. Grinding shall not be permitted. Contractor will not be required to use a vacuum attachment under the following conditions 1. When approved by Agency. 2. When the blasting sand will be confined by mechanical means to a small area. 3. When a sweeper (preferably a vacuum type) will immediately follow the blasting operation or when traffic can be safely routed around -the sand until it is swept up. E-23 Temporary Striping, Signing, Raised Pavement Markers: The Contractor shall be responsible for the placement of all required temporary signing, striping, and markings and the removal of existing stripes and markings in the installation of required temporary striping. Traffic striping and markings shall be removed before any change is made in the traffic pattern. Removal shall be coordinated with the installation of new pavement markings to provide continuous, nonconflicting guidance to public traffic. Should temporary striping be required on the finished asphalt surface, the method and configuration must be approved by the City Traffic Engineer for approval prior to placement. Temporary centerline or median stripes for traffic control shall be placed at the completion of each days work to provide for night delineation for traffic separation. At no time shall the street be open to traffic without delineation to separate opposing traffic. Temporary delineation type shall be at the inspector's discretion. In general, temporary reflectorized markers are the preferred type of temporary delineation. Pavement Delineations Standards All pavement delineations shall conform to the standards of applicable portions of the current State of California, Department of Transportation Traffic Manual, Chapter 6, "Markings", and Standard Plans A20A-C and A24A-D, and the City of Huntington Beach Standard Plans. E-24 APPENDIX -I MAINTENANCE WORK TRAFFIC CONTROL MANUAL CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT DECEMBER, 1997 INTRODUCTION THE PURPOSE OF THIS MANUAL IS TO PROVIDE GUIDANCE TO THE CITY OF HUNTINGTON BEACH PERSONNEL IN THE INSTALLATION OF TRAFFIC CONTROL DEVICES IN AND AROUND MAINTENANCE WORK ZONES. THE BASIC PRINCIPLES AND PRACTICES REPRESENTED IN THIS HANDBOOK ARE TAKEN FROM THE CALTRANS "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" (ALSO KNOWN AS CHAPTER 5 OF THE TRAFFIC MANUAL) AND THE SOUTHERN CALIFORNIA APWA/CITY TRAFFIC ENGINEERS "WORK AREA TRAFFIC CONTROL HANDBOOK" (THE WATCH BOOK). THIS MANUAL IS NOT INTENDED TO SUPERSEDE EITHER THE CALTRANS MANUAL OR THE WATCH BOOK, WHICH SHOULD BE REFERRED TO IN THE EVENT OF ANY QUESTION REGARDING THE SUBJECT MATTER OF THIS MANUAL. INDEX - MAINTENANCE WORK PLANS DRAWING TC-1 GENERAL NOTES DRAWING TC-2 SUMMARY OF SIGNS DRAWING TC-3 LEGEND AND CHARTS A AND B DRAWING TC-4 LOW SPEED STREET DRAWING TC-5 TYPICAL SHOULDER CLOSURE DRAWING TC-6 SINGLE LANE CLOSURE (RIGHT LANE) DRAWING TC-7 SINGLE LANE CLOSURE (LEFT LANE) DRAWING TC-8 LEFT TURN LANE CLOSURE DRAWING TC-9 TYPICAL CLOSING OF HALF ROADWAY DRAWING TC-10 MULTI -LANE CLOSURE DRAWING TC-11 TYPICAL LANE CLOSURE WITH REVERSIBLE CONTROL DRAWING TC-12 WORK WITHIN INTERSECTION - LEFT LANE / LEFT TURN LANE DRAWING TC-13 WORK WITHIN INTERSECTION RIGHT LANE / LEFT LANE DRAWING TC-14 WORK BEYOND INTERSECTION LEFT LANE DRAWING TC-15 WORK BEYOND INTERSECTION RIGHT LANE DRAWING TC-16 RESIDENTIAL STREET CLOSURE APP'D BY: DATE: 9/17/97 7 '1 DESIGNED BY: TAE •-w I/ TRAFFIC ENGINEER DRAWN BY: JAA RCE 38580, RTE 1578 CHECKED BY: JDO APP'D. DATE: 71I7 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS >3el MAINTENANCE WORK TRAFFIC CONTROL INTRODUCTION AND INDEX GENERAL NOTES: Y 1. NOTHING IN THESE NOTES OR PLANS SHALL RELIEVE THE CONTRACTOR OF THE RESPONS181LITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY, AND THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO WORKING HOURS. 2. THE ENGINEER SHALL BE DEFINED AS THE CITY OF HUNTINGTON BEACH TRAFFIC ENGINEER OR HIS REPRESENTATIVE. 3. THE ENGINEER WILL HAVE THE RIGHT TO DEMAND THE INSTALLATION OF ADDITIONAL TRAFFIC CONTROL DEVICES OR MODIFICATIONS TO THESE PLANS AND NOTES, AS HE DEEMS NECESSARY, TO PROMOTE THE SAFE AND ORDERLY FLOW OF TRAFFIC AND PEDESTRIANS THROUGH THE CONSTRUCTION WORK ZONE. THE CONTRACTOR SHALL COMPLY WITH THESE ADDITIONAL REQUESTS OR MODIFICATIONS WITH DUE DILIGENCE. 4. CONSTRUCTION ACTIVITY IN THE ROADWAY WILL BE LIMITED TO THE HOURS BETWEEN 9:00 A.M. AND 4:00 P.M. ALL TRENCH EXCAVATIONS WITHIN THE ROADWAY SHALL BE COVERED WITH STEEL PLATES OR TEMPORARILY BACKFILLED AND SURFACED FROM 4:00 P.M. TO 9:00 A.M., UNLESS PRIOR WRITTEN APPROVAL IS OBTAINED FROM THE ENGINEER. 5. NO TEMPORARY CONSTRUCTION TRAFFIC CONTROL DEVICES SHALL BE PLACED IN THE ROADWAY (TO EXECUTE THE DAYS CONSTRUCTION WORK) UNTIL AFTER 9:00 A.M. AND ALL TEMPORARY CONSTRUCTION TRAFFIC CONTROL DEVICES SHALL BE COMPLETELY REMOVED BY 4:00 P.M., UNLESS PRIOR WRITTEN APPROVAL IS OBTAINED FROM THE ENGINEER. CONES OR OELINEATORS SHALL GENERALLY BE PLACED ON EXISTING LANE LINES, EXCEPT WHEN PLACED FOR LANE CLOSURE TAPERS. 6. FLASHING BEACONS AND WARNING LIGHTS SHALL BE USED AS DIRECTED BY THE ENGINEER. 7. ALL EXISTING TRAFFIC CONTROL SIGNS AND STREET SIGNS SHALL BE MAINTAINED IN VISIBLE LOCATIONS DURING CONSTRUCTION, UNLESS PRIOR WRITTEN APPROVAL IS OBTAINED FROM THE ENGINEER. THE CONTRACTOR SHALL RESTORE OR REPLACE (AT THE DISCRETION OF THE ENGINEER) ANY STRIPING OR SIGNING DAMAGED DURING CONTRUCTION OPERATIONS, INCLUDING RAISED PAVEMENT MARKERS. 8. WHEN ENTERING OR LEAVING ROADWAYS CARRYING PUBLIC TRAFFIC, THE CONTRACTOR'S EQUIPMENT, WHETHER EMPTY OR LOADED, SHALL IN ALL CASES YIELD TO PUBLIC TRAFFIC. 9. ACCESS TO DRIVEWAYS ADJACENT TO THE CONSTRUCTION WORK ZONE SHALL BE MAINTAINED AT ALL TIMES IF AT ALL POSSIBLE. ADDITIONAL CONES OR DELINEATORS MAY BE REQUIRED TO DELINEATE THE DRIVEWAY ACCESS ROUTE THROUGH THE CONSTRUCTION WORK ZONE. A MINIMUM OF ONE TRAVEL LANE SHALL BE MAINTAINED ACROSS THE DRIVEWAYS, UNLESS PRIOR WRITTEN APPROVAL IS OBTAINED FROM THE ENGINEER. 10. 48 HOURS PRIOR TO COMMENCING ANY WORK WITHIN THE IMMEDIATE VICINITY OF A TRAFFIC SIGNAL CONTROLLED INTERSECTION, THE CONTRACTOR SHALL CONTACT UNDERGROUND SERVICE ALERT (800-422-4133). THIS PRIOR NOTICE WILL ALLOW THE LOCATION AND MARKING OF UNDERGROUND TRAFFIC SIGNAL CONDUIT AND TRAFFIC SIGNAL LOOP DETECTORS PRIOR TO CONSTRUCTION. DAMAGES TO TRAFFIC SIGNAL CONDUIT, CONDUCTORS, LOOP DETECTORS, OR OTHER TRAFFIC SIGNAL EQUIPMENT SHALL BE REPAIRED WITHIN 24 HOURS AT THE CONTRACTOR'S EXPENSE, PER THE CITY OF HUNTINGTON BEACH STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND STREET LIGHTING, LATEST EDITION. 11. SPILLAGE RESULTING FROM HAULING OPERATIONS ALONG OR ACROSS ANY PUBLIC TRAVELED WAY SHALL BE REMOVED IMMEDIATELY BY THE CONTRACTOR AT HIS EXPENSE. STREETS ALONG THE HAUL ROUTE SHALL BE SWEPT OR WASHED DAILY, DURING EACH DAY OF HAULING OPERATIONS. 12. THE LENGTH OF TIME FOR EACH CONSTRUCTION PHASE SHALL BE SPECIFIED ON THE ENCROACHMENT PERMIT, IF THE CONTRACTOR DOES NOT COMPLETE HIS WORK IN THE SPECIFIED AMOUNT OF TIME, A FEE OF $800 PER LANE PER CALENDAR DAY WILL BE ACCRUED PER ORDINANCE NO. 3320. THE CONTRACTOR MAY SUBMIT A WRITTEN REQUEST TO THE DIRECTOR OF PUBLIC WORKS TO EXTEND THE TIME PERIOD, ALLOTTED FOR CONSTRUCTION, 13. THE CONTRACTOR SHALL SUBMIT AN APPLICATION FOR TEMPORARY PARKING. RESTRICTIONS AT A COST OF $50.00. TEMPORARY NO PARKING SIGNS SHALL BE PURCHASED FROM THE CITY OF HUNTINGTON BEACH AT A COST OF $0.75 A SIGN AND BE POSTED AT LEAST 24 HOURS PRIOR TO THE ENFORCEMENT OF PARKING RESTRICTIONS. APP'D BY: DATE: 9/5/97 / CITY OF HUNTINGTON BEACH DESIGNED BY: TAE ii.- G� CJ�� DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA TRAFFIC ENGINEER RCE 38580, RTE 1578 CHECKED BY: TAE I APP'D. DATE: " rz MAINTENANCE WORK TRAFFIC CONTROL 1DRAWING NO. GENERAL NOTES TC-1 CALTRANS SIGN CALTRANS SIGN SIGN SIGN CODE SIZE LEGEND SIGN CODE 4 SIZE LEGEND SIZE R1 �A �QP C14 F8 MMDwm ❑A 36" x 36" ❑8 42" x 18" R16 D 0 C17(25) a R17 a Fo] C18 El R18 (RT) �AI �� -1 Aw I LAwmal C20 (LT) FA R26 ❑G Mo nwmo NNW nog C20 (RT) �A R96 ❑E C20(81KE) R968 ❑F " C20 (MOD) a8 W1 (LT) aA <S> C21 EA W2 (LT) �A C228 C� W6 ❑D C23 aC C1 �A C24 aC C9A ❑A', C30 C❑ C13 ❑C36 F APP'D BY: DATE: 9 /5 /97 DESIGNED BY: TAE DRAWN BY: JAA TRAFFIC ENGINEER RCE 38580, RTE 1578 CHECKED BY: TAE I APP'D. DATE: a-sm aC 30" x 30" 25 a24" x 24" ❑E 18" x 18" ❑F 18" x 12" �G 11"x17" a� Nerc ruo (LEFT TURN LANE) .eo ` CLOSED AHEAD J uie * NOTE: ALL SIGNS SHOWN ON THIS PLAN SHALL CONFORM TO THE LATEST CALTRANS SIGN SPECIFICATIONS. CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. SUMMARY OF SIGNS TC-2 C14 • �*ORY C23 a C22B • OPTIONAL VEHICLE OISTALL TEMPORARY NO PARKING SIGNS Ii REOUIREO 12' MIN. LANE AL • • • • • • • • • • M.H. Y • • • Y mmm DIVIDING LINE 1'1"'••1 OR 12' MIN. LANE SEE CHART "A' SEE CHART "A" ALTERNATE : BARR WORK ZONE INSTALL TEMPORARY NO PARKING SIGNS IF REQUIREO NOTES: 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR DAYTIME WORK ZONES. FLASHING BEACONS SHALL BE PLACED AT THE LOCATIONS FOR NIGHT WORK ZONES. 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE. ILLUMINATED OR REFLECTORIZED. 1 3. A C13 'END CONSTRUCTION' OR C14 "END ROAD WORK' SIGN, AS APPROPRIATE, MAY BE PLACED AT THE END OF THE WORK ZONE. C14 SEE CHART "A ca =y SEE CHART C23 YOR*q 4. ALL CONES SHALL BE 28" HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH 13' REFLECTIVE SLEEVES. 5. ALL PORTABLE DELINEATORS SHALL BE 36' HIGH. DELINEATORS USED FOR NIGHT WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3-INCH BANDS PLACED A MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. 12- MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION. DATE: 9/8/97 APPROVED BY: CITY OF HUNTINGTON BEACH I DESIGNED BY: TAE �J %�/^� DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA /TRFICNGINEER, RCE 38580, . RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL (CHECKED BY: TAE APPROVED DATE: %Z Z- LOW SPEED STREET Ode a DRAWING NO. TC-4 OR DIVIDING LINE — — — — — — — — — — — — — — — — — — — — — — — — — — SHOULDER 11 OR Y C1B or C24 or C23 100± CONES OR OELINEATORS 25' MAX. SPACING NOTES: 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR DAYTIME SHOULDER CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE LOCATIONS INDICATED DURING NIGHT SHOULDER CLOSURES. 2. ALL WARNING SIGNS FOR NIGHT SHOULDER CLOSURES SHALL BE ILLUMINATED OR REFLECTORIZED. 3. A C13 'END CONSTRUCTION' OR C14 'END ROAD WORK' SIGN, AS APPROPRIATE, MAY BE PLACED AT THE END OF THE WORK ZONE. 5' min. INSTALL TEMPORARY NO PARKING SIGNS IF REQUIRED Cones or delineators 25 mox. saacina C13 or C14 4. ALL CONES SHALL BE 28' HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH 13' REFLECTIVE SLEEVES. 5. ALL PORTABLE DELINEATORS SHALL BE 36' HIGH. DELINEATORS USED FOR NIGHT WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3—INCH BANDS PLACED A MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. 6. IF NOT POSSIBLE TO OBTAIN MINIMUM CLEARANCE. SHT. TC-6 SHALL BE USED. [DRAWN ATE: 9/8/97 APPROVED BY: CITY OF HUNTINGTON BEACH ESIGNED BY: TAE /� DEPARTMENT OF PUBLIC WORKS . t e�2 /1"(--- BY: JAA AFFIC ENGINEER, RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL HECKED BY: TAE APPROVED DATE: / T tt 7 TYPICAL SHOULDER CLOSURE Folln, 9`�, DRAWING NO. TC-5 a a � a= See note 6. —� 10' AL (5- MIN. • • • • • • • • • • • • W- • All �p • • • • Y WORK A A • • • I (6T * OR Y * OR Y C17(25) C30 cis •�C20(Rt) �20 INSTALL lEYP01iAaY No PARI(MC sa+5 or C23 Bike Ir ncaulreo C13 or C14 I S I S I S Taper L 150' i See Chart 'A' See Chart 'A' See Chart "A" See Chart 'A* min. NOTES: 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR 5. ALL PORTABLE DELINEATORS SHALL BE 36' HIGH. DELINEATORS USED FOR NIGHT DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3—INCH BANDS PLACED A LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR REFLECTORIZED. 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE. USE HIGH LEVEL WARNING DEVICE IN SPEED ZONES OF 35 MPH OR LESS. 3. A C13 'END CONSTRUCTION' OR C14 'END ROAD WORK' SIGN, AS APPROPRIATE, SHALL BE PLACED AT THE END OF THE WORK ZONE. 7. FLASHING ARROW SIGN SHALL BE TYPE I PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC MANUAL, 1992 EDITION. OPERATE FAS IN SEQUENTIAL ARROW MODE. 4. ALL CONES SHALL BE 28' HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH 13' REFLECTIVE SLEEVES. B. IF NOT POSSIBLE TO OBTAIN MINIMUM CLEARANCE, SHEET TC-9 SHALL BE USED. 12' MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION. DATE: 9/8/97 APPROVED BY: CITY OF HUNTINGTON BEACH DESIGNED BY: TAE Pa DEPARTMENT OF PUBLIC WORKS T AFFIC ENGINEER, RCE 38580, .RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. DRAWN BY: JAA CHECKED BY: TAE APPROVED DATE: c3 Ec SINGLE LANE CLOSURE (RIGHT LANE) TC-6 I SEE NOTE 6 C13 or C14 Varies See Chart "A" C18 or C23 Y OR * o- 4 o- o- 5' MIN. -0 • • • • Y C30Iu Y RK AR A • I - _ _ _ _ _ _ _ - - - _ _ • -• •- • • • • • • • • • - • — - _ _ _ b 5' MIN. —> 10' min.1. • �* OR Y • � C20(Lt) • {� C20(Lt) C17(25) F or8C23 'I C13 or C14 S S S Toper L 150' See Chart "A" See Chart "A" See Chart "A" See Chart "A" min. INSTALL TEMPORARY NO PARKING SIGNS NOTES: IF REQUIRED 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED NTH FLAGS FOR 5. ALL PORTABLE DELINEATORS SHALL BE 36" HIGH. DELINEATORS USED FOR NIGHT DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3-INCH BANDS PLACED A LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR REFLECTORIZED. 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE. USE HIGH LEVEL 3. A C13 "END CONSTRUCTION" OR C14 'ENO ROAD WORK" SIGN, AS APPROPRIATE, SHALL WARNING DEVICE IN SPEED ZONES OF 35 MPH OR LESS. BE PLACED AT THE END OF THE WORK ZONE. 7. FLASHING ARROW SIGN SHALL BE TYPE 1 PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC MANUAL, 1992 EDITION. OPERATE FAS IN SEQUENTIAL ARROW MODE. 4. ALL CONES SHALL 13E 28" HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH 13' REFLECTIVE SLEEVES. 8. IF NOT POSSIBLE TO MAINTAIN MINIMUM CLEARANCE, SHEETS TC-10, OR TC-11 SHALL BE USED. 12' MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION. DATE: 9/10/97 APPROVED BY: CITY OF HUNTINGTON BEACH DESIGNED BY: TAE 1/ _ DEPARTMENT OF PUBLIC WORKS DRAWN 8Y: JAA T AFFIC ENGINEER, RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. CHECKED BY: TAE APPROVED DATE: F�/)I -A SINGLE LANE CLOSURE (LEFT LANE) TC-7 • See Chart 'A" See Chart 'A' NOTES: 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR REFLECTORIZED. 3. A C13 -END CONSTRUCTION- OR C14 -END ROAD WORK- SIGN, AS APPROPRIATE, MAY BE PLACED AT THE END OF THE WORK ZONE. S S 4. ALL CONES SHALL BE 28' HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH 13" REFLECTIVE SLEEVES. 5. ALL PORTABLE DELINEATORS SHALL BE 36' HIGH. DELINEATORS USED FOR NIGHT WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3—INCH BANDS PLACED A MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. DATE: 9/8/97 APPROVED BY: CITY OF HUNTINGTON BEACH DESIGNED BY: TAE 4 DEPARTMENT OF PUBLIC WORKS GC e DRAWN BY: JAA ;T7RFIC ENGINEER, RCE 38580, . RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL ,CHECKED BY: TAE APPROVED DATE: g/Lto'l?7 LEFT TURN LANE CLOSURE 23 R CIS mm DRAWING NO. TC-8 INSTALL TEMPORARY NO PARKING SIGNS IF REQUIRED Toper L Toper L S S S See Chart 'A' See Chart "A" See Chart "A' See Chart 'A' See Chart "A' C18 C13 or C14 C17(25) c20(It) • C20(It) • YorCi21E3 • 10' min. c= • • 17(25) 10 'In. 5' MIN.• • ®•Y IN • a See note 6. • • C30 • WORK AREA •,• • • *ORY 010 • C21 or • W1(It) or C30 W1(Rt) or �D C1B. C23 C1 C20(Rl) W2(It) W2(Rl) C13 or C14 C20(Bke) S S S S Taper L Taper L 150' See Chart "A' See Chart "A" See Chart 'A' See Chart "A" See Chart "A' See Chart 'A" min. NOTES: INSTALL TEMPORARY NO PARIONG SIGNS Ir aEOTnaeo 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE. USE HIGH LEVEL DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE WARNING DEVICE IN SPEED ZONES OF 35 MPH OR LESS. LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. 7. FLASHING ARROW SIGN SHALL BE TYPE I PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR MANUAL, 1992 EDITION. OPERATE FAS IN SEQUENTIAL ARROW MODE. REFLECTORIZEO. B. FOR SPEEDS OF 30 MPH OR LONER, USE W2 SIGNS. FOR SPEEDS OF 35 MPH OR GREATER. 3. A C13 "END CONSTRUCTION" OR C14 "ENO ROAD WORK" SIGN, AS APPROPRIATE, MAY BE USE WI SIGNS. PLACED AT THE END OF THE WORK ZONE. 9. IF NOT POSSIBLE TO OBTAIN MINIMUM CLEARANCE. SHEET TC-11 SHALL BE USED. 4. ALL CONES SHALL BE 28' HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH 13' REFLECTIVE SLEEVES. 12' MIN. LANE WIDTH WHEN NEXT TO A CURB OR VERTICAL OBSTRUCTION. 5. ALL PORTABLE DELINEATORS SHALL BE 36' HIGH. DELINEATORS USED FOR NIGHT WORK SHALL BE REFL£CTORIZED WITH A MINIMUM OF TWO 3—INCH BANDS PLACED A MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. DATE: 9/8/97 APPROVED BY: CITY OF HUNTINGTON BEACH �0 1 DESIGNED BY: TAE DEPARTMENT OF PUBLIC WORKS a9' DRAWN BY: JAA VRIFIC ENGINEER, RCE 38580., RTE 1578 MAINTENANCE W0RK TRAFFIC C0NTR0L DRAWING NO. CHECKED BY: TAE ROVED DATE: E//� % TYPICAL CLOSING OF HALF ROADWAY TC-9 C18 or C23 {{�� • *DRY • 1- C20(RT) • C20(RT) See note 6. 4' C17(25) 10' min. A 5' MIN. C30 • Y • �' • Y Y WORK ARE 11 *OR Y p • C18 C20(RT) I C20(RT) C20(Bike) 200' C13 or C14 or C23 Min. S S S S L L 150' Varies See Chart "A" See Chart 'A' See Chart 'A" See Chart 'A" See Chart "A" See Chart "A' min. NOTES: 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED MATH FLAGS FOR DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE' LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR REFLECTORIZEO. 3. A C13 'END CONSTRUCTION' OR C14 "END ROAD WORK' SIGN, AS APPROPRIATE, MAY BE PLACED AT THE END OF THE WORK ZONE. 4. ALL CONES SHALL BE 28" HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH 13' REFLECTIVE SLEEVES. NSTALL TEMPORARY Na PAR%NG SIGNS Ir REQUIRED 5. ALL PORTABLE DELINEATORS SHALL BE 36" HIGH. DELINEATORS USED FOR NIGHT WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3-INCH BANDS PLACED A MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE. USE HIGH LEVEL WARNING DEVICE IN SPEED ZONES OF 35 MPH OR LESS. 7. FLASHING ARROW SIGN SHALL BE TYPE I PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC MANUAL, 1992 EDITION. OPERATE FAS IN SEQUENTIAL ARROW MODE. 12' MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION, DATE: 9/11/97 APPROVED BY: CITY OF HUNTINGTON BEACH DESIGNED BY: TAE r� j DEPARTMENT OF PUBLIC WORKS /lf L DRAWN BY: JAA 0AFFIC ENGINEER, RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL 4) CHECKED BY: TAE APPROVED DATE: Cl� MULTI -LANE CLOSURE (LEFT AND RIGHT SIDE CLOSURE TO BE SIMILAR) ral It. DRAWING NO. TC-10 C23 or C18 r- w W i n I I � C9A : i p B- i i Cone4 25' mo:. .spc I R1 1 � C13 or C14 -t9- INSTALL TEMPORARY NO PARKING SIGNS IF REQUINEO SEE CHART 'A" SEE CHART "A" SEE CHART 'A" C36 C9A CIB or C23 1 • • YOR* • C17(25) See Chart 'B' 10' Min. 17 25 �• i-0— C( ) • 5' MIN. TY {� 330 • cis fj OR Y �C9A • C36 or C23 C13 or C14 SEE CHART "A' SEE CHART 'A' I SEE CHART "A' I Optional Vehicle INSTALL TEMPORARY NO PARIONG SIGNS IF REOIAREO NOTES: 1, ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED NTH FLAGS FOR DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE LOCATIONS INDICATED DURING NIGHT WORK ZONES. 2, ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR REFLECTORIZED. 3. A C13 'END CONSTRUCTION" OR C14 'END ROAD WORK' SIGN, AS APPROPRIATE, MAY BE PLACED AT THE END OF THE WORK ZONE. 4, ALL CONES SHALL BE 28" HIGH, CONES USED FOR NIGHT WORK SHALL BE FITTED WITH 13' REFLECTIVE SLEEVES. 5. ALL PORTABLE DELINEATORS SHALL BE 36' HIGH. DELINEATORS USED FOR NIGHT WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3—INCH BANDS PLACED A MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS, 12' MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION. DATE: 9/8/97 APPROVED BY:/) CITY OF HUNTINGTON BEACH DESIGNED BY: TAE J"�-- DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA FFIC ENGINEER, RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL CHECKED BY: TAE APPROVED DATE: F�_ TYPICAL LANE CLOSURE WITH REVERSIBLE CONTROL 0.1 a O DRAWING NO. TC —11 See note 6. C13 or C14 • See Chart 'A' See Chart 'A' NOTES: I 1 11 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR REFLECTORIZED. 3. A C13 'END CONSTRUCTION' OR C14 "END ROAD WORK' SIGN, AS APPROPRIATE, MAY BE PLACED AT THE END OF THE WORK ZONE. 4. ALL CONES SHALL BE 28' HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH 13' REFLECTIVE SLEEVES. )ATE: 9/12/9/ APPROVED BY: u 4 U c . co u 1 � � U m r � o _uu u u N I 5. ALL PORTABLE DELINEATORS SHALL BE 36' HIGH. DELINEATORS USED FOR NIGHT WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3—INCH BANDS PLACED A MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE. USE HIGH LEVEL WARNING DEVICE IN SPEED ZONES OF 35 MPH OR LESS. 7. FLASHING ARROW SIGN SHALL BE TYPE 1 PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC MANUAL, 1992 EDITION. OPERATE FAS IN SEQUENTIAL ARROW MODE. AL 12' MINIMUM LANE WIOTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION. CITY OF HUNTINGTON BEACH )ESIGNED BY: TAE _ �'/ %,.� DEPARTMENT OF PUBLIC WORKS )RAWN BY: JAA R FIC ENGINEER, RCE 38580, .RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL -HECKED BY: TAE APPROVED DATE: g/kr/7 WORK WITHIN INTERSECTION (LEFT LANE / LEFT TURN LANE) C23 OR CIS mall DRAWING NO. TC-12 1 NOTES: T 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR i C23 or �E DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE C18 or b V LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. r 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMiNATEO OR a REFLECTORIZED. fn a 3. A C13 'END CONSTRUCTION' OR C14 'END ROAD WORK' SIGN, AS APPROPRIATE, MAY BE PLACED AT THE END OF THE WORK ZONE. In 4. ALL CONES SHALL BE 26' HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH 13' REFLECTIVE SLEEVES. 4 C13 or C13 or 4 C14 S See Chart A -- Y or *F • C23 or c — a C14 — — 'E � Work Areo a _ — C18 c= _ See note 6. _ • ory C20(Rt) C23 or CIO S S See Chart 'A' See Chart 'A' • I-t' R18(Rt)F R96 R96R 50' min BETWEEN DELINEATORS Toper L See Chart 'A' WMA" m,PGRART wo PAC 9flrf 8IRCU EO i 5. ALL PORTABLE OEUNEATORS SHALL BE 36' HIGH. DELINEATORS USED FOR NIGHT WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3-INCH BANDS PLACED A MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE. USE HIGH LEVEL WARNING DEVICE IN SPEED ZONES OF 35 MPH OR LESS. 7. FLASHING ARROW SIGN SHALL BE TYPE I PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC MANUAL, 1992 EDITION. OPERATE FAS IN SEQUENTIAL ARROW MODE. 12' MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION. C13 T or C14 , • F y 96 C13 or R96R C14 W Of c c p cxi a w w r E �< ina w 0 z to M W i F- See note 6 Q x. VI U Q y^r W 4 II N C20(Lt) a Y v a o w w N C1B Of C23 DATE: 9/16/97 APPROVED BY: CITY OF HUNTINGTON BEACH 0.1 DESIGNED BY: TAE G.- DEPARTMENT OF PUBLIC WORKS a5' DRAWN BY: JAA T AFFIC ENGINEER, RCE 38580, RTE 15711 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. CHECKED BY: JDO APPROVED DATE: Z WORK WITHIN INTERSECTION TC-13 ARIGHT LANE /LEFT LANE L See Chart A' ,J C13 or C14 a See note 6. 'P•Y �• • C30 10' min. AL • *ORY • *ORY C18 C20(Ll) or C23 S S 50' min gop See Chart 'A' See Chart 'A' BETWEEN DELINEATORS INSTALL TEMPORARY NO PARKING SIGNS IF REONRED NOTES: 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR DAYTIME LANE CLOSURES, FLASHING BEACONS SHALL BE PLACED AT THE LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR REFLECTORIZED. 3. A C13 'END CONSTRUCTION' OR C14 'END ROAD WORK' SIGN, AS APPROPRIATE, MAY BE PLACED AT THE END OF THE WORK ZONE. 4. ALL CONES SHALL BE 28' HIGH, CONES USED FOR NIGHT WORK SHALL BE FITTED WITH 13' REFLECTIVE SLEEVES, S See Chart 'A' C18 Y OR or C23 • a Y • • -•—•—•- • -• • —• •- — — - — INSTALL TEMPORARY NO PARKING SINS IF REWIRED C13 or C14 5. ALL PORTABLE DELINEATORS SHALL BE 36' HIGH. DELINEATORS USED FOR NIGHT WORK SHALL BE REFLECTORIZED WITH A MINIMUM OF TWO 3-INCH BANDS PLACED A MINIMUM OF 2 INCHES FROM THE TOP WITH A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE. USE HIGH LEVEL WARNING DEVICE IN SPEED ZONES OF 35 MPH OR LESS. 7. FLASHING ARROW SIGN SHALL BE TYPE I PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC MANUAL, 1992 EDITION. OPERATE FAS IN SEQUENTIAL ARROW MODE. 12' MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION. DATE: 9/16/97 APPROVED BY: CITY OF HUNTINGTON BEACH DESIGNED BY: TAE DEPARTMENT OF PUBLIC WORKS 4, G� =- DRAWN BY: JAA T FFIC ENGINEER, RCE 38580, . RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL CHECKED BY: TAE ' APPROVED DATE: I ` WORK BEYOND INTERSECTION (LEFT LANE) Mali DRAWING NO. TC-14 L See Chart 'A' Ir—See note 6. 50' min gap BETWEEN DELINEATORS 40 •/01• • C30� • * OR Y • * OR Y C30 RIS(Rl) !D C18 C20(Rt) or C23 IN57ALL TEMPORARY NO PARKING SIOIS S 5 IF REQUIRED See Chart 'A' See Chart 'A' NOTES: 1. ALL ADVANCE WARNING SIGN INSTALLATIONS SHALL BE EQUIPPED WITH FLAGS FOR DAYTIME LANE CLOSURES. FLASHING BEACONS SHALL BE PLACED AT THE LOCATIONS INDICATED DURING NIGHT LANE CLOSURES. 2. ALL WARNING SIGNS FOR NIGHT LANE CLOSURES SHALL BE ILLUMINATED OR REFLECTORIZED. 3. A C13 'END CONSTRUCTION' OR C14 'ENO ROAD WORK' SIGN, AS APPROPRIATE, MAY BE PLACED AT THE END OF THE WORK ZONE. 4. ALL CONES SHALL BE 28' HIGH. CONES USED FOR NIGHT WORK SHALL BE FITTED WITH 13' REFLECTIVE SLEEVES. Varies Indicate North with on 'N' S See Chart 'A' Y OR * • c1e G or C23 c= 5' MIN. �a • --y Y WORK AREA i • C30 C13 or C14 P INSTALL TEMPORARY NO PINNING 9GNS IF REOUIREO 5. ALL PORTABLE DELINEATORS SHALL BE 36' HIGH. DELINEATORS USED FOR NIGHT WORK SHALL BE REFLECTORIZEO WITH A MINIMUM OF TWO 3-INCH BANDS PLACED A MINIMUM OF 2 INCHES FROM THE TOP WITH• A MAXIMUM OF 6 INCHES BETWEEN THE BANDS. 6. USE FLASHING ARROW SIGN IN SPEED ZONES OF 40 MPH OR MORE. USE HIGH LEVEL WARNING DEVICE 1N SPEED ZONES OF 35 MPH OR LESS. 7. FLASHING ARROW SIGN SHALL BE TYPE I PER SECTION 5-06.9 OF THE CALTRANS TRAFFIC MANUAL, 1992 EDITION. OPERATE FAS IN SEQUENTIAL ARROW MODE. 12' MINIMUM LANE WIDTH WHEN NEXT TO A CURB OR OTHER VERTICAL OBSTRUCTION. DATE: 9/16/97 APPROVED BY: CITY OF HUNTINGTON BEACH DESIGNED BY: TAE (�� /� DEPARTMENT OF PUBLIC WORKS DRAWN BY: JAA T F C ENGINEER, RCE 38580, RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL CHECKED BY: TAE PROVED DATE: c�'l WORK BEYOND INTERSECTION (RIGHT LANE) Fode DRAWING NO. TC-15 NOTES: C z O1 INSTALL C2 (36"x24") ON mo TYPE II BARRICADE x 2O INSTALL R11 (36"x36") ON i TYPE II BARRICADE N OINSTALL TYPE II BARRICADE N OR DELINEATOR 4� TIE BARRICADES TOGETHER WITH YELLOW "CAUTION" TAPE O CLOSE LEFT TURN POCKET PER HUNTINGTON BEACH MAINTENANCE WORK TRAFFIC CONTROL MANUAL, SHEET TC-5 66 INSTALL R16 (24"x24") ON TYPE II BARRICADE. R16 TO FACE ON COMING TRAFFIC. See left turn lane closure TC—S DATE: 9/17/97 DESIGNED BY: TAE APPROVED BY: r'� CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS v�. DRAWN BY: JAA R FIC ENGINEER, RCE 38580, . RTE 1578 MAINTENANCE WORK TRAFFIC CONTROL DRAWING NO. CHECKED BY: JDO APPROVED DATE: �! 7 RESIDENTIAL RESIDENTIAL STREET CLOSURE TC-16 APPENDIX -II Local Assistance Procedures Manual EXEi]BTT 12-E Attachment A, SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS GENERAL. —The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Gov ertunent and applicable to work financed in whole or in part with Federal funds will apply to such work. The "Required Contract Provisions, Federal -Aid.` Construction Contracts, "Form FHWA 1273, are included in this Section 14. Whenever in said required contract provisions references are made to "SHA contracting officer," "SHA resident engineer," or "authorized representative of the SEA," such references shall be construed to mean "Engineer" as defined in Section 1-1.I S of the Standard Specifications. PERFORM LAUNCE OF PREVIOUS CONTRACT. --In ad- dition to the provisions in Section II, "Nondiscrimination," and Section VII, "Subletting or Assigning the Contract," of the re- quired ceatract pro%isions, the Contractor shall comply with the following: The bidder shall execute the CERTIFICATION WITH RE- GARD TO THE PERFORMANCE" OF PREVIOUS CON- TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING. OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in excess of $10,000 will be considered under the provisions of Section VII . of the required contract provisions unless such request is accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. NON -COLLUSION PROVISION. —The provisions in this section are applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23, United States Code, Section 112, requires as a condi- tion precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder file a swum statement executed by, or on behalf of, the person, firm, associ- ation; or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to make the non -collusion affidavit statement required by Section 112 as a certification under penalty of perjury rather than as a swam statement as permitted by 28, USC, Sec. 1746, is included in the proposal. PARTICIPATION BY MINORITY BUSINESS EN- TERPRISES IN SUBCONTRACTING. —Part 23, Title 49, Code of Federal Revelations applies to this Federal -aid project Pertinent sections of said Code are incorporated in part or in its entirety within other sections of these special provisions. Schedule B—Information for Determining Joint Venture Eli- gibility (This form need not be filled in if all joint venture firms are minority owned.) FR-1 1. Name of joint venture 2. Address of joint venture 3. Phone number of joint venture 4. Identity the firms which comprise the joint venture. (The MBE partner must complete Schedule A.) a. Descibe the role of the MBE firm in the joint venture. b. Describe very briefly the experience and business qualifications of each non -MBE joint venturer. 5. Nature of the joint venture's business 6. Provide a copy of the joint venture agreement 7. What is the claimed percentage of MBE ownership? — 8. Ownership of joint venture: (Thus need not be filled in if described in the joint venture agreement, provided by question Revised 3-95 08-07-95 Local Assistance Procedures Manual EX.SIBIT 12-E Attachment A a. Profit and loss sharing. b. Capital contributions, including equipment ........................ .. . ..................... c. Other applicable ownership interests. Name of Firm Name of Firm 9. Control of and participation in this contract Identify by name, race, sex, and "firm" those individuals (and their ti- tles) who are responsible for day -today management and policy decision making, including, but not limited to, those with prime responsibility for. a. Financial decisions b. Management decisions, such as: 1. Estimating 2. -Marketing and sales 3. Hiring and firing of management personnel — 4. Purchasing of major items or supplies c. Supervision of field operations Note. —If, after filing this Schedule B and before the comple- tion of the joint venture's work on the contract covered by this regulation, there is any significant change in the information submitted, the joint venture must inform the grantee, either di- rectly or through the prime contractor if the joint venture is a subcontractor. Affidavit "The undersigned swear that the foregoing statements are correct and include all material information necessary to identify and explain the terns and operation of our joint venture and the intended participation by each joint venturer in the undertaking. Further, the undersigned covenant and agree to provide to grantee current, complete and accurate information regarding actual joint venture work and the payment therefor and any proposed changes in any of the joint venture arrangements and to permit the audit and examination of the books, records and files of the joint venture, or those of each joint venturer relevant to the joint venture, by authorized representatives of the grantee or the Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under Federal or State laws concerning false statements." ...................................................................... ...................... Signature Signature ..................Name..........................................Name................. ................................................................................................. Title Title ........................................................ Date Date Date State of County of On this day of . 19 __, before me appeared (Name) to me personally known, who, being duly sworn, did execute the foregoing'aM- davit, and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires [Seal) Date State of County of On this _ day of 19 before me appeared (dame) to me personally known, who, being duly sworn, did execute the foregoing affi- davit, and did state that he or she was properly authorized by (Name of ::rm) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires [Seal] FR-2 Revised 3-95 09.07-95 2 Local Assistance Procedures Manual EDIT 12-E PS&E Checklist Instructions Attachment B REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) Page LGeneral IL ........... .r.........:............................................ Nondiscrimination .................................................. 3 3 M. Nonsegregated Facilities ......................................... 5 IV. Payment of Predetermined Minimum Wage ............ 6 V. Statements and Payrolls .......................................... 8 VL Record of Materials, Supplies, and Labor ................ 9 VIL Subletting or Assigning the Contract .................... 9 VEL Safety. Accident Prevention ....................:................. 10 IX. False Statements Concerning Highway Project......... 10 X. rmplementation of Clean Air Act and Federal Water Pollution Control Act ............................................... 10 XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion .................... 11 XIL Certification Regarding Use of Contract Funds for Lobbying................................................................ 12 ATTACHMENTS A Employment Preference for Appalachian Contracts (included in Appalachian contracts only) L GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract 2. Except as otherwise provided for in each section, the con- tractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further re- quire their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provi- sions shall not be incorporited by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Re- quired Contract Provisions shall be sufficient grounds for termi- nation of the contract 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section r, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract Such disputes shall be resolved in accor- dance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Fours 12n — Revised 3-95 0&07.95 Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor. During- the performance of this contract, the contractor shall not a. discriminate against labor from any other State, posses- sion, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDLSCRI UNATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of S10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and im- posed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action: standards for the contractor's project activities under this contract The Equal Opportunity Construc- tion Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by- reference in this contract In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obli- gations and in their review of his/her activities under the con- tract b. The contractor will accept as his operating policy the following statement "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment ad- vertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including. apprentice- ship, preapprenticeship, and/or on-the-job training." 2. EEO Officer. The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively FR-3 February 1, 1998 Local Assistance Procedures Manual PS&E Checklist Instructions adminisf and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the. contractor's EEO policy and contractual responsibilities to provide EEO is 'each grade and classification of employment To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of su=Tisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be re- viewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the con tractor's procedures for locating, and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to im- plement such policy will be brought to the attention of em- ployees by means of meetings, employee handbooks, or other appropriate means 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such adver- tisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived a. the coati c:=r will, unless precluded by a valid bargaining agreement, conduct systematic and direct. recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants maybereferred to the contractor for employment consideration. b. In the evert the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of dis- criminating.. against minorities or women, or obligates the contractor to do the same, such implementation violates Ex- ecutive Order 11246, as amended.) Form I n. — Revised 3-95 03-07.95 EXHIBIT 12-E Attachment B c. The contractor will encourage his present employees to refer minority group applicants for employment Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including. hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: FR-4 a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evi- dence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions is depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such. other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal 6. Training and Promotion: a. The contractor will assist in locating,' qualifying, and increasing the skills of minority group and women employees, and applicants for employment b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the ge- ographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance re- quirem=ts for each d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor twill use best efforts to develop, in coop- eration with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment- b. Tile contractor will use best efforts to incorporate an EEO clause into each union agreement to tSe end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the ex- tent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability, making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective barga}nin agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral prac- lice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract 'The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or sub- contractors with meaningf4 minority group and female repre- sentation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcon- tractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by au- thorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the . following: (1) The number of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment op- portunities for minorities and women; (3) The progress and efforts being made in locating, hir- ing, training, qualifying, and upgrading minority and female employees-, and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work This information is to be reported on Form FHWA-1391. If on-the-job, training is being required by special provision, the contractor will be required to collect and report training data. III NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the fian does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facili- ties" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, seg- regated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exa-ption will be for the disabled when the demands for accessibility override (e.g. disabled parking). Form 12n — Revised 3-95 OW-95 FR-5 February 1, 1998 Local Assistance Procedures Manual EXHmTr 12-E PS&E Checklist Instructions Attachment B c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. N. PAYMENT OF PREDETERML MD MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt_) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations (29 CFR 3)] issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment The payment shall be computed at wage rates not less than those contained is the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section N and the DOL poster. (WH-1321) or Foam FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(bx2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and me- chanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided is paragraphs 4 and 5 of this Section N. b. Laborers or mechanics performing work is more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained is 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract Foss I M — Rr ised 3.95 0&07.95 FR-6 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified is conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met (1) the work to be performed by the additional classifi- cation requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry, (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to -the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the addi- tional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL; Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, . modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. d.In the event the contractor or subcontractors, as appro- priate, the laborers or mechanics to be employed in the addi- tional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropri- ate) determined pursuant to paragraph 2c or 2d of this Section N shall be paid to all workers performing work in the addi- tional classification from the first day on which work is per- formed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the con- tract for a class of laborers or mechanics includes a fringe benefit which is not expressed "as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit August 1996 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wanes of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and - Tram Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recogruzed by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman -level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the joumeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman - level hourly rate specified in the applicable wage determination- Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship pro - gam. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. FR 7 (4) Ia the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration - (2) The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the %age determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wane determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe 'benefits listed on the %age determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman -level %age rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same lunge benefits as apprentices. (4) In the event the Employment and Training Adminis- tration withdraws approval of a training- program, the con- tractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers. Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. Foan 1273 — Rcvised 3-95 09-07-95 February 1, 1998 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal - aid highway construction programs are not subject to the requirements of paragraph 4 of this Section M The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor. under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one -and -one-half times his/her basic rate of pay for all hours worked is excess of 40 hours in such workweek S. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the stun of $10 for each calendar day on which such emoloyee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. Fo= 1 _73 — Rcvised 3.95 08-07-95 9. Withholding for Unpaid Wages and Liquidated Damages: - ' The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any moneys payable on account of work performed by the contactor or subcontractor under any such contract or any other Federal contract with the same .prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt) 1. Compliance v;1th Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. F R-8 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(bx2)(B) of the Davis Bacon ActX daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation .indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section N, paragraph 3b, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing- benefits under a plan or program described in Section 1(bX2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enfotuable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticoated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. August 1996 Local Assistance Procedures Manual EXHMrr 12-E PS&E Checklist Instructions Attachment B . 0 c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards en- gaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under para- graph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the. contractor or sub- contractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations; 29 CFR 3; . (3) that each laborer or.mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under I & U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records re- quired under paragraph 2b of this Section V available for in- spection, copying, or transcnption by authorized representatives of the SHA, the MWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VL RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway Sys- tem, except those which provide solely for the installation of protective devices at railroad grade crossings,. those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA-47, and in the units shown on Fora FHWA 47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA47 together with the data required in paragraph lb relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VM SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract FR-9 Foam 1273 —Revised 3-95 08-07-95 February 1. 1998 Local Assistance Procedures Manual :r►i:11' PS&E Checklist Instructions 2. The contract amount upon which the requirements set forth in paragraph l of Section V11 is computed includes the cost of rnatenal and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, . management, and engineering services) as;the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract VIII- SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws gov- erning safety, health, and sanitation (23 CFR 635). The con- tractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract 2. It is a condition of this contract, and shall be made a con- dition of each subcontract, which the contractor enters into pur- suant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX- FALSE STATENZMNTS CONCERNING HIGH- WAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or mis- representation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding re- Attachment B garding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more plates where it is readily available to all persons concerned with the project NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever being an ofTeer, agent, or employee of the United States, or any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the charac- ter, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be per- formed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of constriction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false repre- sentation, false report or false claim with respect to the charac- ter, quality, quantity, or cost of any work performed or to be per- formed, or materials furnished or to be furnished, in connection with the constriction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false repre- sentation as to material fact in any statement, certificate, or re- port submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and sup- plemented; Shall be fined not more that S10,000 'or imprisoned not more than 5 years or both." X LNIPLENfENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Ac- tivities, EP a, indicating that a facility that is or will be utilized Fo=1273 — Revised 3-95 09-07-95 FR 10 10 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such re- quirements. X . CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's de- termination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a cer- tification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation Of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide im- mediate wntten notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may, contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded fiom participation in this covered transaction, unless authorized by the department or agency entering into this transaction. Attachment B g. The prospective primary participant further agrees b submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the el- igibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocure- ment Programs" (Nonprocurement List) which is compiled by the General Services Administration. i. Nothing contained is the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if 'a participant in a covered transaction knowingly eaters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the de- partment or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion ---Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowiedge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with cornrniion of any of the offenses enumerated in paragraph 1b of this certification; and FR-11 Form 1273 — Revised 3-95 08-07-95 11 Local Assistance Procedures Manual E UMIT 12-E PS&E Checklist Instructions Attachment B d. Have not within a 3-year period preceding this ap- plication/proposal had one or more public transactions (Federal, State or local) terminated for cause or default 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation. to this proposal. ■ ■ ■ w ■ 2- Instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of 325,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representa- tion of fact upon which reliance was placed when this traasac- tion was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an er- roneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available reme- dies, including suspension and/or debarment c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier partici- pant learns that .its certification was erroneous by reason .of chaaged circumstances. d. The terms "covered transaction," "debased," "sus- pended," "ineligible," "primary covered transaction," "partic- ipant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submit- ting this proposal that, should the proposed covered transac- tion be entered into, it shall not knowingly enter into any lower tier covered transaction. with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the depar==t or agency with which this transaction orig- inated f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a. covered transaction may rely upon a certification, of a prospective participant in a lower tier cov- ered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it lmows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not Fom 1273—?--Awd 3-95 0E-07-95 required to, check the Nonprocurement List h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The kmowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the de- partment or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment " Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from par- ticipation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal " ■ w w ■ XM CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed S 100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowl- edge and beget; that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in- fluencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or em- ployee of Congress, or an employee of a Member of Congress in connection -,,nth the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement b. If any funds other than Federal appropriated fiords have been paid or will be paid to any person for influencing or at- tempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connec- tion with this Federal contract, FR 12 12 Auwst 1996 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment B grant, loan, or cooperative agreement, the undersigned shall be subject to a civil penalty of not less than $10,000 and not more complete and submit Standard Form-LLL, "Disclosure Form to than $100,000 for each such failure. Report Lobbying," in accordance with its instructions. 3. The prospective participant also agrees by submitting his or 2. This certification is a material representation of fact upon her bid or proposal that he or she shall require that the language which reliance was placed when this transaction was made or en- of this certification be included in all lower tier subcontracts, tered into. Submission of this certification is a prerequisite for which exceed $100,000 and that all such recipients shall certify making or entering into this transaction imposed by 31 U.S.C. and disclose accordingly. 1352. Any person who fails to file the required certification shall FEDERAL -AID FEMALE AND MINORITY GOALS In accordance with Section, IL "Nondiscrimination," of 177 Sacramento, CA - "Required Contract Provisions Federal -aid Construction Contracts" the following are the goals for female utilization: SMSA Counties: 6920 Sacramento, CA ................................ 16.1 Goal for women CA Placer, CA Sacramento; (applies nationwide)..............(percent) ...... 6.9 CA Yolo. The following are goals for minority utilization: ................................... Non-SMSA Counties. 14.3 CA Butte; CA Colusa; CALIFOR`iIA ECONOMIC AREA CA El Dorado; CA Glean; CA Nevada; CA Siena; CA Sutter, CA Yuba. Goal (Percent) 178 Stockton -Modesto, CA: 174 Redding, CA Non-SMSA Counties .................................. CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama. 175 Eureka, CA: Non-SMSA Counties ................................. CA Del Norte; CA Humboldt; CA Trinity. 176 San Francisco -Oakland -San Jose, CA: SMSA Counties:' 7120 Salinas -Seaside - Monterey, CA ........................................ CA Monterey. 7360 San Francisco -Oakland, CA ............... CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo. 7400 San Jose, CA ...................................... CA _ Santa Clara 7485 Santa Cruz, CA .................................. CA Santa Cruz. 7500 Santa Rosa, CA .................................. CA Sonoma. 8720 Vallejo -Fairfield -Napa, CA ............... CA Napa; CA Solano Non-SMSA Counties .......................... CA Lake; CA Mendocino; CA San Benito. SMSA Counties:. • . 6.8 5170 Modesto, CA ..................................... 12.3 CA Stanislaus. 8120 Stockton, CA ..................................... 24.3 CA San Joaquin. Non-SMSA Counties ...................................... 19.8 CA Alpine; CA Amador, 6.6 CA Calaveras, CA Mariposa; CA Merced; CA Tuolumne. 179 Fresno -Bakersfield, CA: SMSA Counties: 0680 Bakersfield, CA ................................. 19.1 CA Kern. 28.9 2940 Fresno, CA ........................................ 26.1 CA Fresno. 25.6 Non-SMSA Counties ...................................... 23.6 CA Kings, CA Madera; CA Tulare. 19.6 180 Los Angeles, CA: SMSA Counties: 14.9 0360 Anaheim -Santa Ana-Crdrden Grove, CA .............................................. 11.9 9.1 CA Orange. 4480 Los Angeles -Long 17.1 Beach, CA ............................................... 28.3 CA Los Angeles. 6000 Gard -Simi Vallcy- 23.2 Ventura, CA ............................................ 21.5 CA Ventura- Fc= IZM — Revised 3-95 08-07-95 FR 13 February 1, 1998 6780 Riverside -San Bernardino - Ontario, CA ............................................ 19.0 CA Riverside; CA San Bernardino. 7480 Santa Barbara -Santa Maria - Lompoc, CA ............................................ 19.7 CA Santa Barbara. Non-SMSA Counties ...................................... 24.6 CA Inyo; CA Mono; CA San Luis Obispo. 181 Saa Diego, CA: SMSA Counties 7320 San Diego, CA .................................. 16.9 CA San Diego. Non-SMSA Counties.......... ............................. 18.2 CA Imperial In addition to the reporting requirements set forth elsewhere in this contract the Contractor and subcontractors holding subcontracts, not including material suppliers, of $10,000 or more, shall submit for every month of July during which work is performed, employment data as contained und—Form FHWA PR-1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon. Foam 1273 — ?--A=d 3-95 0"7-95 r] FR-14 APPENDIX-111 Local Assistance Procedures' Manual EXHIBIT 12-F: PS&F. Checklist Instructions attachment C (THE BIDDER'S EXECUTIO " ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTEAN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH AREA PART OF THIS PROPOSAL) The bidder Subcantractor EQUAL EL-vLPLOIAMENTOPPORTUNITYCERTIFICATION , proposed . hereby certifies that he has _. has not , participated in a previous contract or subcontract subject to the equal opportunity clauses. as required by Executive Orders 109'_5, l l l l 1, or 11146, and that, where required, he has Filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agencv. or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling, requirements. Note: The abote certification is required by the Equal Employment Opportunity Regulations of the Secretar% of Labor (41 CFR 60-1.'(b) (1 1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of S 10,000 or under are exempt.) Currently. Standard Form 100 (EEO-] ) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not riled the required reports should note that 41 CFR 60-1.7(b) ( I ) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway .administration or by the Director. Office of Federal Contract Compliance, U.S. Department of Labor. 1-.4-X'J Page 12-77 February I, 1998 Lucr1 :\ssistance Procedures Manual E\FI1131'r 12-E I'S&E Checklist Instructions Attachment E DEBARLMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies tliat, except as noted below, he: she or any other person associated therewith in the capacity of o%%ner, partner, director, officer, manager: • Is not currently under suspension. debarment, voluntary exclusion, or determination of ineligibility by any Federal agency: • Has not been suspended. debarred. voluntarily excluded or determined ineligible by any Federal agency within the past 3 years. • Does not have a proposed debarment pending; and • Has not been indicted, convicted. or had a civil judgment rendered aQainst it by a court of competent jurisdiction in any matter involvin_= fraud or official misconduct within the past 3 years. if there are any, exceptions to this certification. insert the exceptions in the follov.ing space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. dote,: ProvidLng false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. f,.,.X.f Page 12-91 Fchruiry 1, 1998 • Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment D Noncollusion Affidavit (Title 23 United States Code Section 112 and . Public Contract Code Section 7106) To the CITY / COUNTY of HUNTINGTON BEACH / ORANGE DEPARTiVffiVT OF PUBLIC WORKS. In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 12.1-89 Page 12-47 February 1, 1993 Local Assistance Procedures Manual EXEMIT 12-E PS&E Checklist Instructions Attachment E DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; Has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; Does not have a proposed debarment pending; and • Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. - 2 February 1, 1998 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment F NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S10,000 and not more than S100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed S 100,000 and that all such subrecipients shall certify and disclose accordingly. l?-j-39 Page12-51 February 1, 1998 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment G DISCLOSURE OF LOBBYING ACTIVITIES Comolete this form to disclose lobbvino activities pursuant to 31 U.S_C_ 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: ❑ a. contract ❑ a. bid/offer/application ❑ a. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. can For Material Change Only: e. ban guarantee year quarter !, ban irsurance date of last report 4. Name and Adress of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee. Enter ❑ Prime ❑ Subawardee Name and Address of Prime: Tier if known Congressional District, if known: Congressional District, if known: 6. Federal DepartmentlAgency: 7. Federal Program Name/Description: CFDA Number, if applicable S. Federal Action Number, if known: 9. Award Amount, if known: S 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (if individual, last name, first name, Ml): different from No. 10a) (last name, first name, Ml): (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply) S ❑ actual ❑ planned a. retainer b. one-time fee 12. Form of Payment (check all that apply): a. cash c. commission 8 d. contingent fee b. in -Rind; spec,-./: nature e. deferred value f. other, specify: 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including offtcer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes ❑ No ❑ 16. Infom,aticn requested through this form is authorized by ride 31 U.S.C. Section Signature: 1352 his Cisctosum of lobbying activities is a material representation of fact upon whiw reriance was placed by the tier above when this transaction was Print Name: made or entered into. This disrwcsure is required pursuant to 31 U.S.C. 1352 This infcnnaeon will be reported b rhe Congress semi-annually and will be Title: available •'or cublic inspection. Any person who fails to file the required disc:osum shad be sucject to a civil penalty of not less than S10.000 and not more than Telephore llo.: Date: $100,C40 !cr each such failure. Federal Use Only: Authonzed'or Local Reproducwn Cran � Cnnn .III Standard Form LLL Rev 01-0,45 Page 12-53 February 1, 1998 ?CHIBIT 12-E Local Assistance Procedures Manual ttachment G PS&E Checklist Instructions INSTRUCTIONS FOR CO1:PLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES :his disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 .S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to ,bbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of ongress an officer or employee of Congress or an employee of a Member of Congress in connection with a )vered Federal action. Attach a continuation sheet for additional information if the space on the form is 12dequate. Complete all items that apply for both the initial filing and material change report. Refer to the nplementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates, if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, State and zip code of the prime Federal recipient.. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agencv name, if known. For example, Department of Transportation, United. States Coast Guard. 7, Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Mil). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 0 Page 12-54. February 1, 1998 Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment G 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. Page 12-55 February 1, 1998 APPENDIX -IV Local :assistance Procedures Ntunual E\IIIIDI'1' 12-E PS&E Checklist Instructions :attachment FI SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS 2-1.01 GENERAL The bidder's attention is directed to the provisions in Section 2. "Proposal Requirements and Conditions." of the Standard Specitications and these special provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid. In -addition to the subcontractors required to be listed in accordance with Section 1.054, "Required Listing, OF Proposed Subcontractors." of the Standard Specifications. each proposal shall have listed therein the name and address of each DBE subcontractor to be used for credit in meeting, the `oals. and to whom the bidder proposes to directly subcontract portions of the »ork. The list of subcontractors shall also set forth the portion of.york that will be done by each >ubcontracwr listed. A sheet for listin__ the subcontractors is included in the Proposal. The form of Bidder's Bond mentioned in the last paragraph in Section 22-1 .07. "Proposal Guaranty." of the Standard Specifications will be found following, the signature page of the Proposal. In accordance .with Public Contract Code Section ' 106. a �Nloncollusion Af tidayit is included in the Proposal. Siuning the Proposal shall also constitute signature of the Noncollusion Affidavit. ?-1.015--FEDERAL LOBBYING RESTRICTIONS. --Section I I Title 13;2. Title 31. United States Code prohibit: Federal funds from being,, expended by the recipient or any lower tier subrecipient of a Federal - contract to pa} for any person for intluencin; or attempting to influence a Federal agency or Congress in connection %,ith the awardin, of anv Federal -aid contract. the makin, of anv Federal -rant or loan. or the enterin_ into of any cooperative agreement. If anv funds other than Federal funds have been paid for the same purposes in connection with this Federal - aid contract. the recipient shall submit an executed certification and, if required. submit a completed disclosure form as part of the bid documents. A certification for Federal -aid contracts reuardinu payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Form - LLL. .Disclosure of Lobbying Activities," with instructions for completion of the Standard Form is also included in the Proposal. Signing, the Proposal shall constitute ;i,na(ure of the Certification. The above referenced certification and disclosure of lobbvin, activities shall be included in each subcontract and anv lo•-er-tier contracts exceeding, S 100.000. All disclosure forms, but not certifications, shall be Forwarded from tier to tier until received by the Engineer. The Contractor. subcontractors and any lower -tier contractors shall file a disclosure form at the end of each calendar quarter in .which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form pre,:iously filed by the Contractor, Subcontractors and any (o•%er-tier contractors. An event that materially affects the accuracy of the informutiun reported includes: ( I ) A cumulative increase if S25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action: or (2) A change in the person(s) or indiyidual(s) influencing or attempting to influence a covered Federal action; or (3) A change in the officer(s), employees(s), or Nfember(s) contacted to influence or attempt to influence a covered Federal Action. 2-1.02 DISADV-NN AGED I3hSI.NF:SS.-- This project is subject to Part 23, Title 49, Code of Federal Re�,ulations entitled "Participation By Minority Business Friterprise In Department of Transportation Pru,_,rain.s." The Regulations in their entirety are incorporated herein by this reference, Parse 12-K') hcl►ruarr I, 1998 \I111111 f 12-E Loral :assistance Procedures :Manual ttachment 11 PS,&F: Checklist Instructions iJJers shall be billy inturtned respecting the rcquiretnerits o the Regulations and the Department's +isadv;uttaged business (DOE) program developed pursuant to the Regulations: particul;tr attention is directed the tollowin, matters: (a) A DBE must be a small business concern as dclincd pursuant to Section 3 ,)I U.S. Small Business Act and relevant regulations promulgated pursuant thereto: (b) A DBE bidder, not bidding as ajoint venture with a non -DBE, will be required to meet the DBE goal through subcontracting or material purchases or make good faith cfl4. tr du so: (c) A DBE may participate as a subcontractor, joint \enture partner with a prime or subcontractor, or vendor of material or supplies: (d) A DBE joint venture partner must be responsible for specific contract items ul"work. or portions thereof. Responsibility means actually performing. mina`in_ Lind supervising the work with its own forces. The DBEjoint %enturc partner must share in the ownership, control, management responsibilities, risks and protiis of thejoint venture. The DBE joint venutrcr must submit the ioint venture agreement. and either Sehedtlle B of the Regulations or California Department of Transportation Business Enterprise Pro_rant :orm entitled "`Ilnunn Disadvantaged- Women Business Enterprise Joint Venture." This information must be submitted with the DBE information form required in "DBE Information" elsewhere in these special provisions: (c) A DBE must perform a commercially usettrl function. i.e.. must be responsible for the execution of a distinct clement of the work and must carry out its responsibility by actually performing. managing and supervising the ,vork: (1) Credit for a DBE vendor of materials or supplies is limited to 60 percent of the amount to be paid to the vendor for the material uniess the vendor manufactures or substantially alters the goods: (__) Credit !'or trucking by DBEs sill be as follows: tit The aruount to be paid %khcn a DBE truekcr %till ocrtorm the lfuCking %kith his her own trucks. tractors and cnmployccs: ( ii) One hundred percent of the trucking costs ,%ill be alluwcd I'or all trucking acquired through certified DBE truckin_ broker:: (h) DBEs and DBE joint venture partners must be certified as ul'the date of bid opening either by the California Department of Transportation. or by a panicipating State of Califomia or local a__cncy which certifies in accordance with 'I"itic 49. Code of Federal Regulations. Part'_3. Listings of DBEs certified by the Department are available from the Cullom in_ sources: (i) The Department's D13 WBE Directory, which is published quarterly. The DB'WBE Directory may be Obtained Crum the Department ol'Transportauun. Materiel Operations Branch, Publication Distribution knit. 1900 Royal Oaks Dri%c. Sacramento. Caliturnia 93S15, Telephone: (9I6) -i-13-3:'_t): (ii) The Department's Electronic Information Bulletin Board Scrvicc I0B. %VBE/BBS), which is accessible by mudem and is updated weekly. The DB- WISE. BBS rosy be accessed by first contacting the Department's Business Enterprise Program at Telephone: (916)'_?7-8937 and obtaining a user identification and password: (iii) The organizations listed in "DBE Goal for this Project" elsewhere in these special provisions. (iv) The listing ofcertilicil DBE firms is also available on the Internet at the followinti Internet address. http:Jl%w.,.dot.ca.gov/hq/bep/ It is the Contractor's respunsibility to .cril'y that DBEs an, certified: (i) Noncompliance by the Contractor with the requirements of the regulations constitutes a breach of this contract and may result in termination of the contract or other appropriate remedy fur a breach of this contract: (j) Bidders are encouraged to utilize services offered by banks owned and controlled by minorities or women. 2-1.03 DBV GOAL FOR THIS PRO.IEcr -- The Department has established the following goal for d1.Nadvantaged businesses (DOE) participation ti)r this project: Disadvantaged business (1)131.:) Ld percent It i; the bidder's rc;puniibilit,v to make a sutlicient portion otthc work available to subcontractors and supplicrs and to ;elect those portions of the work or material needs consistent with the available 1)131: suhcuntrtctors and suppliers, so as to astiure meeting the goal for D[W. participation. I he Department has contracted with the following firms to assist 1AWN in preparing bids for subcontracting or ,upp(ving nmatcrials V;Ige 12-90 Uvhruarc 1, 199M Local Assistance Procedures ;Manual E\HIBII' 12-F VS&E Checklist Instructions Attachment H The lulhow ing lirm may be contacted I'ur projects in Districts 01 , 02. 0.,. mid 10: NEDA - Sacramento 1 77a Tribute Ruud, Suite J. Sacramento, CA 953 t 5 Telephone: (916) 64L)-_568 FA No. (916) 649-20S9 The t'ullow ing firm may be contacted liar projects in Districts 01 and 04: NEDA - Oakland I_t'_ Broadway. Suite 50?. Oakland, CA 9.4(11' Telephone: (5 t tt) 1_71-3040 FAX No. (510)'_71-3035 The follow ink firm may be contacted for pro iccts in Monterey and San Benito Counties in District 05. Fresno, Kincs. Madera. and Tulare Counties in District 06. and in ln%o and Mono Counties in District 09: NEDA - Fresno 4y4: E. Clinton %%ay. Suite 103. Fresno. CA 93727 Telephone: (2091 25_-2_405 FAX No. (209) 25_-1864 The lullowing, firm may be contacted lur projects in Districts 07, 08. and 12: in San Luis Obispo and Santa Barbara Counties in District 05: in Kern County in District uh. and in Kern and San Bernardino Counties in District 09: Triaxial Management Scrniccs. Inc. - Los An_cics '_594 Industry Way. Suite 101 -A. Lym%uod. CA 90262 Telephone: (310) 537-6677 FAX No. (31n) 637-0123 The I'>Iluwmu firm niay be contacted for projects in Districts t))i, 1 i, and 12: Triaxial Management Services, Inc. - San Die_uo 2725 Cun_eress Street. Suitc I D. San Dic,u, CA 92 11 Tcicphunc: (6(9) 543-5109 FAX .Nu. ( 619) 5 4 3 - 5 10 i Bidder~ may utilize the services of these tines to contact interested D8Es. Frbruary I, 1998 Local assistance Procedures Manual EXII1131'I' 12-E 1 S&E Checklist Instructions attachment I SECTION' 3. SUBMISSIO.N OP 1113E INF'OIZMATION AND A%%ARD AND EXECUTION OF CON*TRaCr 3-1.01 GENERAL The bidder's attention is directed to the provisions in Section 3. "Award and Execution of Contract." of the St;undard Specifications and these special provisions for the requirements and conditions concerning submittal of DBE information and award and execution of conn•act. The required DBE information shall be submitted on the "LOCAL AGENCY BIDDER - DBE INFORMATION" form included in the Proposal. If the DBE information is not submitted with the bid. the DBE information form shall be removed I'rom the documents prior to submitting the bid. It is the bidder's responsibility to meet the goal for DBE participation or to provide information to establish that, prior to bidding, the bidder made `good faith efforts to do so. 3-1.01A DBE INFORMATIO`` If DBE information is not submitted with the bid. the apparent StteCQSSCuI bidder (low bidder), the second low bidder and the third low bidder shall submit DBE Information to the Department ot'Transportation, 1120 N Street. Room 0200. NIS ='b. Sacramento. California 95814 so the inlOrmation IS received bti the Department no later than 4:00 p.m. on the Courth day. nut including_ Saturda%i. Sundaes and le_ tl holidays. follu« in,-, bid opening. DBE information sent by U.S. Postal Ser,.iec certified mail with return receipt and certificate of mailing, and mailed on or before the third day, not including Saturdays. Sundays and legal holidays. fLlilowin_ bid opening ,%ill be accepted even if it is received after the fourth day :ullokoing bid openin_. Failure to Submit ;he required DBE: m(ormatiun by the time specified will be grounds for tindin_ :he bid or proposal nonrespunsive. Other bidders need not Submit DBE information unless requested to do so by the Dc^artment. When such request is made. the DBE information of such bidders shall be submitted so the information is received by the Department no later than close of buSiness on the third day. not including Saturdays. Sundaes and legal holidays, alter said notification. unt"i a later time is authorized by the Department. The bidder's DBE information shall establish that the DBE goal %will be met or that a good faith effort to meet the ,,out has been made. Bidders are cautioned that even thoueh their submittal indicates thcv will meet the stated DBE coal, their submittal Should also include their _sued faith cffurts informution along with their DBE goal information to protect their eligibility for award of the contract in the dent the Department. in its review, finds that the goal has not been met. The in,bnnation to shoe that the DBE: coal will be met shall include the names of DBEs and DBE joint venture partncn to'-1c used. with a complete description of �%ork or supplies to be provided by each and the dollar value of each DBE: tranaction. When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion oCthat work to be performed or furnished by that DBE shall be included in the DBE information, including the planned location of that %cork. (Note: D(3' subcontractors to whom the bidder proposes to directly subcontract portions of the work are to be named in the bid - See Section'_-1.054. "Required Listing of Proposed Subcontractors." of the Standard Specifications and Section 2-1.01, "General," of these special provisions. rcu,ardlnu !i,ting of proposed subcontractors.) The i.^.:unnatiun nccessary to establish the bidder's good faith cffuns to meet the DBE goal should include: ( I ) The names and dates of advertisement of each newspaper, trade paper, and minority -focus paper in which a request for DOE participation Cor this project was placed by the bidder. (=) The names and dates of written notices sent to certified D13Es soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DUB were interested. (:) The items of work which the bidder made available to 013E firms, including, where appropriate, any hrca'Acng down of the contracts into economically feasible units to facilitate DBE participation, and the inCormation I'urnjsited to D131:s such as plans, specifications, and requirements for the work. It is the bidder's responsibility to dcnn istratc that sufficient work to fncet tite MiL Seal was made available to DUE firms. (») '[-tic names of DISks who submitted bids which were not accepted, a summary ol'the bidder's discussions anrUi�r negotiations with them, the name o('the firm selected fur that portion of work, and the reasons for the bidder's ehuik.c Page 12-91 hcbruary I, 1998 EXHIBIT 12-F. Loral Assistance Procedures Manual kttachment I PS&F. Checklist Instructions (�) 1:ffOrts made to assist DBEs in obtaining, hondrlt_. lines tit' credIt or insurance, and any technical assistance related lu the plans. specilicatiuns and requirements litr the work which was prop ided to DBEs. (h) :any additional data to support a delttonstrat lon of ood lalth et6ort. stich as contacts with DICE :Isstilanl'C 3-1.01 B AWARD OF CONTRACT Section 3-I.01. "Award of Contract." of the Standard Specifications is amended to read: 3-I.01 A%%ard of Contract —The rissht is rescrncd (o re1cct any and all ' r, I its. The award of the contract. if it be a\%arded. L%111 be to the to est responsible bidder %%hose proposal complies \%Ith all the requirements prc.cribed. Such a%%ard. if r.tadc. %gill be made %kithin 30 days after the opening of the proposals. This period will be subject to extcnsiun for such further period as riwy be agreed upon in �\riting beoveen the Department and the bidder concemed. AH bids will be compared on the basis of the Engineer's Estimate of the quantities of \.pork to be done. SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DA.NIAGES Attention is directed to the provisions in Section S-1.0. "Beginning of Work." in Section 3-1.06, "Time of Completion." and in Section 5-1.07. "Liquidated Dama__eS." of the Standard Specifications and these special prop isions. The Contractor shall be_=in .pork within I i calendar days after the date of the Notice to Proceed. Mid Shall dili_sently prosecute said %%ork to completion before the expiration of WORKING DAYS The Contractor shall pay to the Stole the sum of S per day.. for each and every calendar day's dclav in finishing_ the work in excess of the number of work-in_ days prescribed above. 1'a;;c 12-94 1•chruar,, 1, I'P)M I.ocal .wistance Procedures .Manual Ext1I111'I' I:-E PS&F. Checklist Instructions Attachment.] -1. DBE RECORDS. -- The Contractor shall maintain records of all subcontracts entered into with certiticd DBE subcontractors and records of inatcrials purchased from certitied DBE suppliers. Such records shall shoe the name and business address of each DBF subcontractor or vendor and the total dollar amount actually paid each DBE subcontractor or %endor. Upon eompletiuln of the contract. a sumniary of these records :hall be prepared on Form CEM-240' and certitied correct by the Contractor or his :mthoriz:d representati-e. and shall be furnished to the Engineer. Pa�:c 12-95 February 1, 199H l.ur:d Assistance Procedures Manual EXHIBIT 12-E VS&- . Checklist Instructions Attachment K 5-I. PERFORaiAACE OF DKE S('KC'O.YTR.IC TORS.IND St'PPLIERS The DBE-s listed by the Contractor in NS11011se ILN the reeluircrttenls in the seeticut of these special provisions cntiticd "Submission of DBE lnformatiurt. AWa('d. Alid I:.CCCutiein O('C'untraet," Which are determined by the Department to be certified DBE;. shall herl'urtn the work and supply the materials for %vhich thev are listed unless the Contractor has received prior written authorization to perform the: work with other forces or to obtain the materials from other sources. Authorization to utilize other forces or sources of materials may be regLIC.Sted fur the following, reasons: (1) The listed DBE. ;titer hw ins had a reasunatblc opportunity to do So. fails or refuses to execute a written contract. �ehen such %%rittcn contract. base) upon the General terms. conditions. plan: and specitications for the project, or on the terms of such subcuntraactoCs or supplier', ,eritten bid. is presented be the Contractor. (�) T:hc listed DBE hecomes bankrupt or insokcm. (_) T ^c lister! DBE 1:ttls or refuses to perform his xtbcun(ract or (ltrnish the listed Materials. (4) Tic Contractor stipulated that a build \%as a cunditiun of executing :I Subcontract and 'the listed DBE atbcuntra wr tails or refines to meet the bond reyuircMents othhe Contractor. (:) The v-ork performed by the IiSted Subcontractor is subStantially unsatistactory and is not in subStantial accordance evith the plans and Specifications. or the Subcontraetor iS.Substantially dela�in: or disrupting the progress of the %+ork. lb) It •.could be in the best interest of the Statc The Contr c:ur shatlI not be entitled to an\ pa%ment for Such work or material unless it is performed or supplied by :hl: listed DBE or b\. other ['orces (including those )tthc Contractor) pursuant to prior written authorization, of the Enuineer. — — I'age 12-97 February 1, 1998 Local Assistance Procedures Manual F,\111111 r l_-E I'S&K Checklist Instructions Attachment L LOCAL AGENCY BIDDER -DBE INF0RtMATI0N This int"urmatiun may be submitted with your hid I)ru1,u>;IL 11*it is not, and you are the apparent line hidder 0r the second or third low bidder. it must be submitted and received b% the administerin_ allCnc% nu later than the time specified in the special pro) isiuns. CO.. RTE./P.'1.: CONTRACT NO.: BID .�10LJNT: -- BID OPENING DATE BIDDER'S NAME: ADDRESS. - DBE GOAL FROM CONTRACT 010 W\TR.ACT ITEM NO. ITL-NI OF %%ORh .-\\I) DESCRIPTION OF WORK OR SERVICES TO BE SUBCONTRACTED OR MATERIALS TO BE PROVIDED NAME OF DBE " (Name of DBEs. Certification `umber. and Telephone Number) DOLLAR A�10UNT •" DBE PERCENT DBE Total Claimed S S Participation ao 00 It iow. of Item is not n) be perl-urmcd ur turnt�hcd by DBE. describe exact portion. including planned location of work- to be nerformed. of item to be ncrturmed or furnished b% DBE •• DBEs must be cernticd b% Caltrans on the date b;da are opened. Subcuntractors and supphcn ccrtitied state -funded onl% cannot be used to meet _ual; on tederall-, funded contracts. •• Uedlt for a DBE supplier. ,%.no is nut a manufacturer is limited to ho of the amount paid to the supplier. (See Section "Dl;adeanta_cd Busing;" (DBEt uFthe cpccial provisions) IMPORTANT: Names of DBE subcontractors and their respective item(s) of work listed above should be consistent with the name and items of work in the "List of Subcontractors" submitted with your hid pursuant to the Subcontractors Listing Law. 5t_nature of Bidder Date (Area Code) tel. 1,40. Person to Contact ( Please type or print) I) nhuuun r `I IS Pro)"'. Uianhuu ni : rnim.VIIS Pru)ecis ul•:P r. ut•� rlt.��shc,k rA'rtr„ I I I )rigmai-Caltraw, DLAF. liar NI IS Pngcct,, ,'-) Copy -Local Agency pngw Iilc I 1 1 t )riginal L,.cal Agency pngc0 Iilc (FFD DIIF) W)DIF111) Ix-(W.19(IIFV UW-1x-v5) 1'uge 12-99 hel)ruary I, 199H APPENDIX V ederal Labor Standards Provisions U.S. Department of Housing and Urban Development 6 it iplicability e Project or Program to which the construction work covered by this ntract pertains is being assisted by the United States of America and the lowing Federal Labor Standards Provisions are included in this Contract rsuant to the provisions applicable to such Federal assistance. A. 1. (J Minimum Wages. All laborers and mechanics employed or work - I upon the site of the work (or under the United States Housing Act of 37 or under the Housing Act of 1949 in the construction or development the project), will be paid unconditionally and not less often than once a -ek, and without subsequent deduction or rebate on any account (except ch payroll deductions as are permitted by regulations issued by the !cretary of Labor under the Copeland Act (29 CFR Part 3). the full amount wages and bona fide fringe benefits (or cash equivalents thereof) due at ie of payment computed at rates not less than those contained in the age determination of the Secretary of Labor which is attached hereto and ade a part hereof, regardless of any contractural relationship which may alleged to exist between the contractor and such laborers and echanics. Contributions made cr costs reasonably anticipated for bona to fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf laborers or mecranics are considered wages paid to such laborers or echanics, subject *a the provisions of 29 CFR-5.5(a)(1)(iv); also, regular mtributions made or costs incurred for more than a weekly period (but of less often than quarterly) under plans, funds, or programs, which cover e particular weekly period, are deemed to be constructively made or curred during such weekly perod. Such laborers arc mechanics shall be paid the appropriate wage rate nd fringe benefits on the wage determination for the classification of work :wally performed. without regard :o skill, except as provided in 29 CFR art S.5(a)(4). Laborers or mechanics performing work in more than one :assification may be compensated at the rate specified for each classifica- or for the time actually worked therein: Provided, That the employer's pay - )II records accurately set forth the time spent in each classification in -hick work is performed. The wage determination (including any additional assification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and ie Davis -Bacon poster (WH-1321) shall be posted at all times by the con- ac'or and its subcontractors at re site of the work in a prominent and ccessible place where it can be easily seen by the workers. Ci) (a) Any class of laborers cr mechanics which is not listed in the cage determination and which is'a be employed under the contract shalt .e classified in conformance with :he wage determination. HUD shall pprove an additional classification and wage rate and fringe benefits ierefore only when the following criteria have been met (1) The wcrx to be perfcrmed by the classification requested is not )erformed by a classification in ".e wage determination: and (2) The classification is utilized in the area by the construction ndus•,ry;and (3) The prcoosed wage rate, including any bona fide fringe bene- fits, tears a reasonable relationship to the wage rates contained in the vage determination. j (b) If the contractor and re laborers and mechanics to be employed n the classification (if known), or'heir representatives, and HUD or its iesignee agree on the classification and wage rate (including the amount iesignated for fringe benefits where appropriate), a report of the action aken shall be sent by HUD or its designee to the Administrator of the Wage find Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized •epresentative, will approve, modify, or disapprove every additional classifi- cation action within 30 days of receipt and so advise HUD or its designee or will natty HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) . (c) In the event the contractor, the laborers or mechanics to be emclayed in the classification or'heir representatives, and HUD or its designee do not agree on the proposed classification and wage rate (inc:uding the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized repre- sentative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Man- agement and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this con- tract from the first day on which work is performed in the classification. Cil Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause :o be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic. including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract HUD or its desig- nee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, dis- burse such amounts withheld for and on account of the contractor or sub- contractor to the respective employees to whom they are due. The Comp- troller General shall make such disbursements in the case of direct Davis -Bacon act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address. and social security number of each such worker, his or her cor- rect classification, hourly rates of wages paid (including rates of contribu- tions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-b;.con Act), daily and weekly cumber of hours worked, deductions made and actual wages paid. Wherever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or pro- gram described in Section 1(b)(2)(8) of the Davis -Bacon Act the contractor shall maintain records which show that the commitment to provide such Previous Edition �s Obsolete HUD-4010 (2.84) (H 8 1344.1) r. contracte termination; aecarment. A creacn of the contract clauses in CFR 5.5 may be grounds for termination of the contract and for debar- ent as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rul- gs and interpretations of the Davis -Bacon and Related Acts contained in 3 CFR Parts 1, 3, and 5 are herein incorporated by reference in this ontract 9. Disputes conceming labor standards. Disputes arising out of the labor andards provisions of this contract shall not be subject to the general isputes clause of this contract Such disputes shall be resolved in accor- ance with the procedures of the Department of labor set forth in 29 CFR arts 5. 6, and 7. Disputes within the meaning of this clause include dis- utes between the contractor (or any of its subcontractors) and HUD or its esignee, the U.S. Department of labor, or the employees or their 3presentatives. 10. n Certification of Eligibility. By entering into this contract the con - actor certifies that neither it (nor he or she) nor any person or firm who as an interest in the contractor's firm is a person or firm ineligible to be warded Government contracts by virtue of Section 3(a) of the Davis- lacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or panici- ate in HUD programs pursuant to 24 CFR Part 24. (i7 No part of this contract shall be subcontracted to any person or firm neligible for award of a Government contract by virtue of Section 3(a) of ie Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contract it participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. ;riminal Code. 18 U.S.C. 1001. Additionally, J.S. Crimnal Code, Section :010, Title 18 . U.S.C., "Federal Housing Administration transactions', pro - ,ides in part "Whoever, 'or the purpose at. ..influercing in any way the iction of such Administration ... makes, utters or publishes any statement mowing the same to be false... shall be fined not more than 55,000 or mprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or •nechanic to whom the wage, salary, or other labor standards provisions of :his Contract are applicable shall be discharged or in any other manner Jiscriminated against by the Contractor or any subcontractor because such :mployee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding ender or relating to the labor standards applicable under this Contract to its employer. B Contract Work Hours and Safety Standards Act As used in this para- graph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employ- ment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work : _ _ _ r in excess of forty hours in such workweek unless such laborer or mechanic receives com- pensation at a rate not less than one ano one-na:t times trte oasis rate of pay for all hours worked ' in excess of forty hours in such workweek, whichever is greater. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcon- tractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be com- puted with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in sub- paragraph (1) of this paragraph, in the sum of S10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without pay- ment of the overtime wages required by the clause set forth in subpara- graph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an autho- rized representative of the Department of labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract or any other Federally -assisted con- tract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts, The contractor or subcontractor shall insert in any subcontracts Me clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontrac- tor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or danger- ous to his health and safety as determined under construction safety and health standards'promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Con- tract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat 96). (3) The Contractor shall include the provisions of this Article in every subcontract so hat such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary cf Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. HUD-4010 (2-84) GENERAL DECISION CA000035 03/09/01 CA35 General Decision Number CA010035 Superseded General Decision No. CA000035 State: California Corstructicn Type: BUILDING DREDGING HEAVY HIGHWAY County(ies): ORANGE BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include he=er dredge work); HEAVY CONSTRUCTION PROJECTS (does not include rater well drilling); HIGHWAY CONSTRUCT-7-ON PROJECTS Mod_ icat_c^ Number 21.1blication Date 0 03/02/2001 1 03/09/2001 COUNTY(ies): 0PA:NiGZ AS37-00053 01/01/2000 Rates Fringes INSULATOR/A:z3ESTOS WORKER Includes to application of all insulatinc materials, protective coverings, coatings, and f_nishings to all tv--es of mechanical systems 30.46 7.65 ---------------------------------------------------------------- ASBE0208B 06/01/1996 Rates ;ringes ASBESTOS REMOVAL WORKER/ HAZARDOUS M.=RIAL HANDLER Includes ^reparation, wetting, stripping, removal, scrapping, vacuuming, tagging and disposing of all instillation materials from mecanical systems, whether they contain as'estcs or not 19.70 4.81 ---------------------------------------------------------------- BO-TOO927 10/01/2000 Rates ?ringes BO I L-RM.AKER 30.06 9.81 TUB? WELDER 31.56 9.81 ---------------------------------------------------------------- BRCA0004T 05/01/1997 Rates Fringes BRICKLAYER; MARBLE SETTER 27.91 5.40 MARBLE FINISHER 15.50 1.25 ---------------------------------------------------------------- BRCA0018H 06/01/2000 Rates Fringes TILE SETTER 25.74 5.82 )f 19 03109i2001 17:01 PNI ELECO0111 12/01/2000 Rates Fringes COMMUNICATIONS AND SYSTEMS WORK: COMMUNICATIONS & SYSTEMS: Installer 21.08 Technician 23.93 Alarm technician (duties limited to. .pulling wire to and terminating devices; not to install devices that interface with other contractors (mounting waterflow, duct detectors, dampers or connecting control panels)) 15.60 3% + 4.25 3% + 4.25 3% + 3.70 SCOPE OF WCRX: Instal laticr, testing, service and maintenance of systems uti'_i=ing the transmission and/or transference of voice, sound, vision and di;ital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background -foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi -media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage :Waster clock systems in commercial buildings. Communication Svstems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; incl::sion or exclusion of terminations and testings of conductors cetermined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, lire voltage work, and energy management systems. ---------------------------------------------------------------- ELEC0441A 12/04/2000 Rates Fringes ELECTRICIANS: Electrician 29.10 3%+7.85 Cable splicer 30.44 3%+7.85 LINE CONSTRUCTION: Line technic' -an; Hea ry Equipment Operator 26.15 3%+6.09 Cable splicer 27.35 3%+6.09 Ground oerscn ` -------- ------------------------- 22.37 =------------------------------ 3%+6.09 ELEC0441D 12/04/2000 Rates =ringes LIGHTING RETROFIT ELECTRICIAN 29.60 3% + 7.85 OUTDOOR LIGHTING TECHNICIAN 20.72 3% + 7.85 FOOTNOTES: Re -ballasting: $.95 per hour additional. High time: Work 40' to 70' from the ground or supporting structures (such as t--usses, stacks, towers, tanks, bosun's cha-:s, swinging, standing or rolling scaffolding, silos, and open platforms) which are not securely safeguarded, and te worker is at risk of a direct fall, or where the worker has zo work 40' to )f 19 03/09/22001 12:01 PA4 GROUP 20 29.83 9.85 GROUP 21 30.93 9.85 GROUP 22 30.04 9.85 GROUP 23 30.16 9.85 GROUP 24 30.83 9.85 CRANES, PILz_-_RIVING & HOISTING EQUIPMENT: GROUP 1 27.00 9.85 GROUP 2 28.78 9.85 GROUP 3 29.07 9.85 GROUP 4 28.21 9.85 GROUP 5 28.43 9.85 GROUP 6 28.54 9.85 GROUP 7 28.66 9.85 GROUP 8 28.83 9.85 GROUP 9 29.00 9.85 GROUP 10 30.00 9.85 GROUP 11 31.00 9.85 GROUP 12 32.00 9.85 GRCUP 13 33.00 9.85 TUNNEL WCR{: GROUP 1 27.50 9.85 GROUP 2 28.28 9.85 GROUP 3 28.57 9.85 GROUP 4 28.71 9.85 GROUP 5 28.93 9.85 GRCUP 6 29.04 9.85 GRCUP 7 29.16 9.85 FOOTNOTES: Workers reauired to suit -a and work in a hazardous material env''ronment: $1.00 per hour additional. Combinaticn mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: 3ar;e, brake, compressor operator, Ditch Wi=ch, with seat or s_mi_ar type equipment, elevator operator - inside, engineer c-=er, generator operator, generator, pump or compressor plant operator, pump operator, signal, switch GRCii? 2: =._ :aft -rubber plant operator (nurse tank cerator), concrete mixer operator - skip type, conveyor operator, fire person, hycrestatic pump operator, oiler crusher (asphalt or concrete p-ant), skiploader (wheel type up to 3/4 yd. without attachment), tar pot fire person, temporary heating plant operator,-=enching machine oiler GRCUP 3: Asp^alt-rubber blend operator, equipment greaser (rack), Ford Fer7uscn (with dragtype attachments), helicopter radio (ground), s-ationary pipe wrapping and cleaning mac`--ne operator GRCUP 4: P.s=::alt plant fire person, backhoe operator (mini -max or similar -.,pe) , boring machine operator, box or mixer (asphalt or concrete;, chip spreading machine operator, concrete cleaning decontamira=ion machine operator, concrete pump operator (small portable), tilling machine operator, small auger toes (Texoma super ecorcmatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum), equipment greaser (grease truck), guars rail post driver operator, highline cableway signal, hydra-hammer-aero stomper, power concrete curing machine operator, =cwer concrete saw operator, power -driven gumbo form' set-er opera -or, power sweeper operator, roller operator (cospactinc), screed operator (asphalt or concrete), trenching of 19 03/09/2001 12:01 PIv1 capacity, manufacturer's rating), ultra high pressure waterjet cutting tool system mechanic GROUP 8: Heavy-duty repair person (multi -shift) GROUP 9: Dr -fling machine operator, bucket or auger types (Calweld 200 3 bucket or similar types - Watson 3000 or 5000 auger or si-mi'_ar types - Texcma 900 auger or similar types - drilling depth of 105' maximum), dual drum mixer, dynamic compactor LOC350 (or similar types), heavy-duty repair -welder combination, monorail locomotive operator (diesel, gas or electric), .,.ctor patrol - blade operator (single engine), multiple encine tractor operator (Euclid and similar type - except Quad ? cat.), rubber -tired earth -moving equipment operator (single encine, over 50 yds. struck), rubber -tired earth -moving equipment ccerator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), tower crane repa'_r person, tractor loader operator (crawler and wheel type over 6-1/2 ids.), Woods mixer operator (and similar Pugmi ll equipment) GROUP 10: Heavy-duty repair -welder combination (multi -shift) GROUP ll: r,_-o grader operator, automatic slip form operator, drilling machine operator, bucket or auger types (Ca' --weld, auger 200 CA or s_-filar types - Wa-son, auger 6000 or similar types - Hughes Suce= Duty, auger 200 or similar types - dri=_=ng dept- of 175' maxima.-.;, hoe ram or similar with compressor, mass excavator operator, mechanical finishing machine operator, moo -le form traveler operator, motor patrol operator (multi -engine), pipe mobile machine operator, rubber -tired earth -moving equipment operator (:ultiple engine, Ctcclid, Caterpillar and similar type, over 50 cu. yds. struck), r•,:bber-tired self -loading scraper operator (paddle -wheel -auger type self -loading - two (2) or more units) GROUP 12: R•..:bber-tired earth -moving equipment operator operating equipment with push-pull system (single encine, up to and including 25 yds. struck) GROUP 13: Canal liner operator, canal trimmer opera-cr, remote - control ear -_`-moving equipment operator (operating a second piece of equipmen=: $1.00 per hour additional), wheel excavator operator GROUP 14: Rubber -tired earth -moving equipment opera -or, operating equipment with push-pull system (single encine, Caterpillar, Euclid, Athey :flagon and similar types wi-h any and all attachments over 25 yds. and up to and including 30 yds. struck), rubber -tired earth -moving equipment operator, operating equipment wi-h push-pull system (multiple engine - c to and - including 23 yds. struck) GROUP 15: Rubber -tired earth -moving equipment operato„ operating equipment with push-pull system (single encine, over 50 yds. struck'., rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and uc -o 50 yds. struck) GROUP 16: R,_:bber-tired earth -moving equipment opera -or, operating equipment with pus:. -pull system (multiple engine, Euclid, Ca-erpillar and similar, over 50 cu. yds. s-r•lck), tandem tractor operator (operating crawler type tractors -andem - Of 19 03/09/2001 12:01 Pki (jobsite) GROUP 4: Bridge -type unloader and turntable operator; Helicopter hoist operator GROUP 5: Sti-cer crane (Austin -Western or similar type); Tugger hoist operator (1 drum) GROUP o: Bridge crane operator; Cretor crane operator; Hoist operator (Chi=ago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist operator; Polar gantry crane operator; Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clams::ell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist cperator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler trans=orter cperator; Derrick barge operator (up 'to and including 25 :on capacity); Hoist operator, stiff legs, Guy derrick or s_.-ilar type (up to and including 25 ton capacity); Shovel, back ce, dragline, clamshell operator (over 7 cu. yds. mrc) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick.barge operator (over 25 tons up to and including 5C ions mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator GROUP 10: Crane.operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including IOC tons mrc); Hoist operator, stiff legs, Guy derrick or similar tune (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP II: Cr-=ne operator (over 100 tons and up to and including 200 tons mrc;; Derrick barge operator (over 100 tons up to and including 20C tons mrc); Hoist operator, stiff legs, Guy derrick or si:lilar t_-e (over 100 tens up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and 'including 200 tons mrc} GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and includirg 30" tons mrc) Hoist operator, stiff legs, Guv derrick or s'_milar t•.ze (over 200 tons, up to and includinc 300 tons mrc); Mobile =owes crane operator (over 200 tons, up to and inc_!-,.:ding 30C tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist cperator, stiff legs, Guy derrick or similar type (over 300 tons); -Mobile tower crane operator (over 300 tons) T NNEL CLASSIFICATIONS GROUP 1: Ski loader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power -driven jumbo form setter operator GROU? 3: Dinkey locomotive or mctorperson (up to and including )f 19 03/09/2001 12:01 PNI GUNITE LABORERS: GROUP 1 GROUP 2 GROUP 3 21.69 8.96 20.74 8.96 17.20 8.96 HOUSEMOVERS (ONLY WHERE HOUSEMOVING IS INCIDENTAL TO A CONSTRUCTION CONTRACT): Housemover Yard maintenance person 15.50 8.38 15.25 8.38 FOOTNOTE: GUNITE PREMIUM PAY: Workers working frcm a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classificat'-on rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or s-milar type of structure, when such structure is in excess of 75'-0" above base level and which work must be performed in whole or in part more than 75'-0" above base level, that work performed above the 75'-0" level shall_ be ccmpensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSI_T_CATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding fcr rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker perfcrming any other phase of demolition work, and the clearing of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Labcrer, asphalt -rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track Berson and road beds; Streetcar ant railroad construction track laborers; Rigging and signaling; Scaler; Sl-p form raiser; Slurry seal crew (mixer operator, applicator operator, squeegee person., shuts'-e person, top person), filling of cracks by any method on any surface; Tar and mortar; Tool crib or tool 'house laborer; Tr==fig control by any method; Window clearer; Wire mesh pulling - al'- concrete pouring operations GROUP 2: Astestos abatement; Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer anal handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pc, -ring concrete, the handling of the chute from readymlx trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction:; Gas, 0-1 and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Labcrer, packing rod steel and pans; Membrane vapor Carrier installer; Power brocm sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster ;pot tender); Septic tank digger and ins -tiller (lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pit-sburgh chipper and similar type brush shredder; of 19 03/09/1001 12:01 PNI person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house); Primer person; Sandbla"ster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finis:.er GROUP 4: Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS GROUP 1: Nozzle person and rod person GROUP 2: Gun person GROUP 3: Rebound person. ---------------------------------------------------------------- LAB00300A 08,102/2000 Rates Fringes PLASTER TENDER: Plaster Tender 21.80 9.62 Plaster Clear: Tender 18.53 9.62 ---------------------------------------------------------------- LAB0O382A 01/01/2000 ASBESTOS REMCVAL LABORER Rates Fringes 13.72 4.31 SCOPE OF WORK: includes site mobilization, initial site clean-up, site preparation, removal of asbestos -containing material and toxic waste (including lead abatement and any other toxic materials), encapsulation, enclosure and disposal of asbestos - containing materials and toxic waste (includinc lead abatement and any other toxic materials) by hand or with equipment or machinery; Scaffolding, fabrication of temporary wooden Barriers, and assembly of decontamination stations. ---------------------------------------------------------------- LABO1184A 0-/01/2000 Rates Fringes LABORERS - ST=.=PING: GROUP 1 19.60 7.76 GROUP 2 20.15 7.76 GROUP 3 21.97 7.76 GROUP 4 23.22 7.76 LAECRERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing, inc'_Uding repair and f:-'ling of cracks by any method on any surface in parking lots, came cc�zts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, water lasting, grinding, etc.) and preparation of sur-face for coatings. Traffic control person: controlling and .._=ecting traff-z chrcuc:: both conventional and moving '-ane c_:sures; operation of ail related machinery and equipment 3 of 19 03/09/2001 12:01 PM PAIN0636B 06/01/1999 GLAZIER Rates Fringes 26.10 7.23 FOOTNOTES: Work in a condor, from the third (3rd) floor and up: $1.25 per hour additional. Work on the outside of the building from a swing stage or any suspended contrivance, from the ground up: $1.25 per hour additional. ---------------------------------------------------------------- PAIN1247B O1/01/2001 Rates Fringes SOFT FLOOR LAYER 25.45 6.22 ---------------------------------------------------------------- PLAS0200D 08/06/1997 Rates Fringes PLASTERER 24.13 4.04 ---------------------------------------------------------------- PLAS0500B 07/01/1999 Rates Fringes CEMENT MASONS: Work on projects where the total permit value of the general and all subcontracts is $12 :pillion or less: Cement Mason; curb and gutter machine; Clary and similar type of screed operator (cement only); grinding machine (all types); Jackson vibratory, Texas screed and similar type screed operator; scoring machine operator 18.85 8.83 Cement mason (magnesite, magnesite - terrazzo and mastic composition, epoxy, uret:^.anes and exotic coatings, Dex-O-Tex) 18.97 8.33 Cement mason, floating and troweling machine operator 19.10 8.33 All other work: Cement mason; curb and gutter machine operator; Clary and similar tv-ce of screed operator (cement only); grinding machine (all types); Jackscn. vibratory, Texas screed and similar type screed operator; scoring machine operator 20.81 10.83 Cement mason (magnesite, magnesite - terrazzo and mastic composition, epoxy, urethanes and exotic coatings, Dex-O-Tex) 20.93 10.33 Cement Mason - floating and trowel'-.^.g machine operator 21.06 10.33 FOOTNOTE: of 19 03/09/2001 12:01 PM * SHEE0102B 02/01/2001 Rates Fringes COMMERCIAL SHEET METAL WORKER: Work on all commercial HVAC for creature comfort and computers clean rooms, architectural metals, metal roofing and lagging, over insulation 28.60 10.39 ---------------------------------------------------------------- * SHET-0102C 02/01/2001 Rates Fringes INDUSTRIAL SPECIALTIES SHEET METAL WORKER: Work on all air ooilution control syste-s, noise abatement panels, _ blow pipe, air-veyor systems, dust collecting, baghouses, heating, air conditioning, and vent -ating (ether that creature comfor::) and all other industrial work, including metal insulated ceilings 24.91 13.62 ---------------------------------------------------------------- TEAMO011E 07/01/1999 Rates Fringes TRUCK RIVERS: GROUP 1 20.19 11.89 GROUP 2 20:34 11.89 GROU= 3 20.47 11.89 GROUP 4 20.66 11.89 GROUP 5 20.60 11.89 GROUP 6 20.72 11.89 GROUP 7 20.97 11.89 GROUP 8 21.22 11.89 GROU: 9 21.42 11.89 GROUP 10 21.72 11.89 GROUP 11 22.22 11.89 TRUCK DRIVER CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehic'-=s - 2 axles; Traffic control pilot car excluding moving 'envy equipment per: '-t load; Truck -mounted broom GROUP Driver of vehicle or combination of vehic_es - 3 axles; Soot Gerson; Cement mason distribution truck; Fuel truck driver; Water ':ruck - 2 axle; Dump truck, less than 16 yds. water level; Erosicn control driver GROUP Driver of transit mix truck, under 3 yds.; Dumperete truck, less -,-an 6-1/2 yds. water level GROUP � . '.^late= truck, 3 or more axles; Truck creaser and the persc ($0.50 additional for tire person); Pipeline =-nd utility working truck driver, including winch truck and clg_sic fusion, limi�ec to oiceline and utility work; Slurry truck giver GROUP 6: Transit mix truck, 3 yds. or more; Dumpere=e truck, 6-1/2 vds. water level and over; Vehicle or combing -:ion of vehic_es - 1 or more axle; Oil spreader truck; Dump :ruck, 16 yds. :c 25 yds. water level 7 of 19 03/09/2001 1'2:01 PM review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The rec.:est should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) if t::e decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (=ormerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisicns by the Administrative Review Boar-d are final. END OF GENERAL DECISION of 19 03/09/2001 12-1:01 PM CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND LIGHTING SYSTEMS pl, THE CITY OF HUNTINGTON BEACH 1999 EDITION No.20921 -i Exp. 9 30-01 ;V APPROVED BY: bert E. Eichblatt, City Engineer, R.C.E. 20921 Date STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND STREET LIGHTING IN THE CITY OF HUNTINGTON BEACH 1999 EDITION Installation of new or modification of existing traffic signal systems, lighting systems and Emergency Vehicle Pre-emption equipment shall conform to the provisions in Section 86, "Signals, Lighting and Electrical Systems" of the Standard Specifications, and the Standard Plans of the State of California, Department of Transportation dated July, 1992, applicable sections of the National Electrical Code, current City of Huntington Beach Standard Plans, the plans and these Special Provisions. The City of Huntington Beach Transportation Manager shall be the sole arbiter of the prevailing specification should a conflict arise between Section 86 of the Standard Specifications and the Standard Plans of the State of California, Department of Transportation, the National Electrical Code, current City of Huntington Beach Standard Plans, the plans, and these Special Provisions. Such other items or details not mentioned, that are required by the plans, Caltrans Standard Specifications, Caltrans Standard Plans, the National Electrical Code, current City of Huntington Beach Public Works Department Standard Plans, or these Special Provisions shall be performed, placed, constructed or installed to provide a totally functioning operation as intended. The contractor shall supply all materials and equipment necessary to perform the work as specified herein unless noted otherwise on the plans or in the contract Bid Schedule. The following items are modifications to specific portions of Section 86, "Signals, Lighting and Electrical Systems" of the July 1992, Standard Specifications and Standard Plans of the Department of Transportation (Caltrans) of the State of California. 86-1.015 Definitions The following terms and definitions shall be added to §86-1.015: The city shall be defined as the City of Huntington Beach. The Engineer shall be defined as the City of Huntington Beach. Transportation Manager or his representative. Page 3 Huntington Beach Traffic Signal and Lighting Systems Standard Special Provisions 1999 Edition The phrases "State owned," "State furnished," or "State supplied" (and similar terms) shall mean City of Huntington Beach owned, City of Huntington Beach furnished, or City of Huntington Beach supplied unless noted otherwise on the plans. The phrase "Or approved equal" shall mean City of Huntington Beach approved equal. 86-1.03 Equipment List and Drawings The following shall be added to §86-1.03: One (1) complete set of project plans and these Special Provisions shall be kept on the job site at all times, to be used as record drawings. Throughout the duration of the contract work, it shall be the responsibility of the Contractor to maintain a currently updated record of all construction changes and variations from the contract drawings. Two (2) complete sets of "Record Drawings" prints shall be delivered to the Transportation Manager, 2000 Main Street, Huntington Beach, CA 92648, upon completion of the work. The contractor shall keep at least one copy of the 1992 Caltrans Standard Plans and Standard Specifications on the job site at all times. 86-1.04 Warranties. Guarantees and Instruction Sheets §86-1.04 shall be amended to read: Materials lists, manufacturer's data, -warranties, guarantees, brochures, technical data, operating manuals, etc., shall be labeled and identified, and shall be submitted in bound booklet form prior to acceptance of the project. 86-1.05 Maintaining Existing and Temporary Electrical Systems The first sentence of the sixth paragraph shall be amended to read as follows: Where damage is caused by the Contractor's operations, the Contractor shall, at his expense, repair or replace damaged facilities within twenty-four hours in accordance with these Special Provisions. The following shall be added to §86-1.05: The contractor shall. notify the Transportation Manager or his designated representative, forty-eight hours in advance of any required operational shut- down of a traffic signal, or one week in advance of any required traffic signal timing revisions. Page 4 Huntington Beach Traffic Signal and Lighting Systems Standard Special Provisions 1999 Edition 86-1.06 Scheduling of Work The ninth paragraph shall be amended to read as follows: Functional tests shall start on any working day except Friday, or the day preceding or following a legal holiday, between 9:00 a.m. and 1:00 p.m. The following shall be added to §86-1.06: The initial turn -on shall be made between 9:00 a.m. and 12:00 p.m., noon, unless specified otherwise in writing by the Transportation Manager. Prior to turn -on, all equipment as shown on the plans shall be installed and operable including pedestrian signals, pedestrian push buttons, vehicle detectors, lighting, signs, and pavement delineation. All louvers, visors, and signal faces shall be directed to provide maximum visibility. 86-2.01 Excavating and Backfilling The following shall be added to §86-2.01: Conduit runs shall be shaded with one.(1) foot of sand backfill or as directed by the Engineer. Backfilling in roadway areas shall be with one (1) sack Portland Cement Concrete (P.C.C.) slurry to bottom of roadway surfacing material unless otherwise directed by the Engineer or shown on the plans. Backfill in all trenches and pull box sumps not in roadway areas shall be compacted to 90% Relative Compaction unless directed otherwise by the Engineer. 86-2.02 Removing and Replacing Improvements The second paragraph shall be amended to read as follows: Whenever a part of a square or slab of existing concrete sidewalk, curb, gutter, or driveway is broken or damaged, the sidewalk, curb, gutter, or driveway shall be removed completely from score line to score line. Sidewalk shall be replaced per the City of Huntington Beach Standard Plan No. 217. Driveways shall be replaced per the City of Huntington Beach Standard Plan No. 209. Portland Cement Concrete (P.C.C.) shall conform to §303-5 of the latest Standard Specifications for Public Works Construction (commonly referred to as the "Green Book"). Improvements shall be installed per the latest City of Huntington Beach Public Works Department Standard Plans. Signal and lighting systems Page 5 Huntington Beach Traffic Signal and Lighting Systems Standard Special Provisions 1999 Edition pole bases to be removed shall be replaced with one (1) sack P.C.C. slurry unless specified otherwise on the plans. 86-2.03 Foundations The third paragraph shall be amended to read as follows: Structures, foundations for posts, standards and pedestals, shall have mortar pads and be placed "in the solid" and monolithic except for the top two (2) inches which shall be placed after the post, standard or pedestal is in proper position. The following shall be added to §86-2.03: The contractor shall construct the cabinet foundations as shown on Caltrans Standard Plan ES-413 for Type 332 cabinets and Caltrans Standard Plan ES-2E for Type III electrical service cabinets, including furnishing and installing anchor bolts, (except the foundations shall extend 12" above grade and two (2) feet below grade and not as shown on the standard plans) and the cabinets shall be installed on said foundations, unless shown otherwise on the plans. A ground electrode, stainless steel, (for radio interference suppression purposes only) shall be installed towards the rear of the cabinet foundation and in the general vicinity of the cabinet door hinge. This electrode shall not be connected to any electrical circuit -grounding conductor and shall be placed in a one- (1) inch PVC sleeve. 86-2.05 Conduit §86-2.05A Material The first paragraph shall be amended to read: All new buried conduit, except as noted on the plans, shall be Schedule 40 rigid non-metallic type conforming to UL Publication UL651 for rigid non-metallic conduit. Non-metallic bell end bushings, Carlon plus E997J .or approved equal, are to be placed on the terminating ends of all conduits prior to installing the conductors. 86-2.05B Use The third paragraph, item number six, shall be amended to read: Not otherwise specified shall be 2.5-inch. Page 6 Huntington Beach Traffic Signal and Lighting Systems Standard Special Provisions 1999 Edition 86-2.05C Installation The eleventh paragraph shall be amended to read: A No. 12 copper pull wire shall be installed in all conduits, which are to receive future conductors. At least 2 feet of pull wire shall be doubled back into the conduit at each termination. The thirteenth paragraph shall be amended to read; Conduit shall be laid to a depth not less than 18 inches or greater than 36 inches below grade in P.C.C. sidewalk areas and curbed paved median areas, and not less than 30 inches below grade or greater than 48 inches below finished grade in all other areas, unless shown otherwise on the plans. The sixteenth paragraph shall be amended to read: The `Trenching in Pavement Method" is disallowed in the City of Huntington Beach unless previously authorized in writing by the Transportation Manager for the individual installation location as shown on the plans. The following conduit installation methods shall be the approved installation methods unless noted otherwise on the plan: Conduit shall be installed using drilling or jacking methods, except in the following situations: 1. Conduit may be installed using mechanical trenching methods if the conduit is to be installed in a new street that has not been paved prior to conduit trenching. 2. Conduit may be installed via manual trenching methods in an existing paved street if: a. Jacking or drilling methods have been tried three times and subsurface conditions have prevented the successful installation of conduit. b. The inspector has determined that underground conditions or underground utilities make the use of jacking or drilling methods unsafe. If this condition is applied, manual -trenching methods will be acceptable. No machine trenching method will be allowed, unless otherwise approved in writing the Transportation Manager. The twenty-seventh paragraph shall have these additional requirements: Conduit entering pull boxes shall terminate a minimum of 2" above the grouted bottom of the pull box and not less than 8" from the top of the pull box. The conduit shall be placed in a manner that facilitates pulling of conductors in a straight line and clearing box wall by 2" (angle of exit). Page 7 Huntington Beach Traffic Signal and Lighting Systems Standard Special Provisions 1999 Edition 86-2.06 Pull Boxes W-2.06A Materials The first paragraph shall be amended to read: All new pull boxes shall be plastic, except where noted otherwise on the plans. All new pull box extensions shall be plastic, except where noted otherwise on the plans. All new pull box lids shall be plastic, except where noted otherwise on the plans. Pull box lid bolt -down hardware shall be required unless noted otherwise on the plans. All new pull boxes shall be No. 6 unless noted otherwise on the plans. New pull boxes and pull box lids shall be the following Christy Concrete Products, Inc., or approved equal: Pull Box Size Pull Box (Christy Concrete . Products, Inc., Catalog No.) Pull BOX Lid (Christy Concrete Products, Inc., Catalog No.) 3-1/2 FL9 FL9D 5 FL30 FL30D 6 FL36 FL36D TRAFFIC RATED PULL BOXES 3-1 /2 B 1017 B 1017-61 J H 5 B 1324 B 1324-61 J H 6 B1730 B1730-51JH 86-2.06B Cover Marking Caltrans Standard Plan ES-8, "Pull Box Details," Note 4-a.5 and b.10, shall not be used. 86-2.06C Installation and Use The second paragraph shall be amended to read: All new pull box installations shall be grouted. The pull boxes shall be bedded in crushed rock as shown on the plans and shall be grouted prior to the installation of conductors. The grout shall be between 0.5-inch and one -inch thick and shall be sloped toward the drain hole. A layer of roofing paper shall be placed between the grout and the crushed rock sump. A one -inch drain hole shall be provided in the center of the pull box through the grout and the roofing paper. The third paragraph shall be amended to read: Where the sump of an existing pull box is disturbed by the contractor's operations, the sump shall be reconstructed and, if the sump was grouted, the old grout shall be removed and new grout placed. Where the sump of an existing Page 8 Huntington Beach Traffic Signal and Lighting Systems Standard Special Provisions 1999 Edition non -grouted pull box is disturbed by the contractor's operations, the sump shall. be reconstructed and new grout and roofing paper shall. be placed as described above. The following shall be added to §86-23.06C: No new or existing pull box shall be located in or within one (1) foot of any wheelchair ramp. 86-2.08 Conductors The following shall be added to §86-2.08: Emergency vehicle pre-emption (EVP) cable shall be continuous, without splices, from optical detector to controller cabinet. It shall be tagged with a numbered label indicating the phase and direction. The manufacturer shall submit a Certificate of Compliance conforming to the provisions in §6-1.07, "Certificates of Compliance," with each type of cable to be used on a project. 86-2.08A Conductor Identification The following shall be added to §86-2.08A: Insulation color for individual bicycle push button conductors shall be solid blue. 86-2.08D Signal Cable The following shall be added to §86-2.08D: The insulation color for bicycle push button conductors shall be identical to the corresponding pedestrian push button color as specified for twenty-eight (28) Conductor Cable. 86-2.08E Signal Interconnect Cable The first sentence of the first paragraph shall be amended to read: Signal Interconnect Cable (SIC) shall consist of AWG No. 22 (minimum) stranded, copper conductors with the number of pairs as specified on the plans (six pairs minimum). The third paragraph shall be amended to read: Page 9 Huntington Beach Traffic Signal and Lighting Systems Standard Special Provisions 1999 Edition SIC shall be continuous between traffic signal controller cabinets without breaks or splices. A minimum of six feet of slack shall be provided at each controller cabinet and a minimum of three (3) feet of slack shall be provided at each pull box. The fourth paragraph shall be deleted from §86-2.08E. The following shall be added to §86-2.08E: The ends of the unused signal interconnect conductors in the cabinet shall be folded back and taped securely to the cable. 86-2.09 Wring 86-2.09B Installation The following shall be added to §86-2.09B: Install from the controller cabinet, one twenty-eight (28) signal conductor cable to each corner main pole junction box. Label the main pole phasing number at the controller cabinet. The -junction box shall be mounted with the side mounted signal vehicle indication. The twenty-eight (28) conductor cable shall extend with its full sheath three (3) inches into the junction box. From each main pole junction box, one twelve (12) and one three (3) conductor cable shall be installed to each of the Type 1-A poles, unless shown otherwise on the plans. From the safety light and Internally Illuminated Street Name Sign (IISNS) to the junction box, install number 14 THHN. 86-2.09C Connectors and Terminals The following shall be added to §86-2.09C: Compression -type terminals (spade or eyelet) shall not be permitted for termination on solid conductors. 86-2.09D Splicinq §86-2.090 shall be amended to read: Unless shown otherwise on the plans or permitted by the Engineer, splices in traffic signal conductors shall not be made between terminal blocks. Splices in lighting (multiple circuit) conductors shall be made in the base of the standard or adjacent pull box. Splices in intersection safety lighting conductors shall be made in the junction box. Page 10 Huntington Beach Traffic Signal and Lighting Systems Standard Special Provisions 1999 Edition Splices in lighting conductors shall conform to §86-2.09E and Caltrans Standard Plan ES-13. Splices shall be insulated by Method B for Hand-crafted Insulation. 86-2.10 Bonding and Grounding Add the following after the second sentence of the first paragraph to read: The jumper size shall be increased to match the load or the circuit breaker size, or shall be as shown on the plans, whichever is greater. The first sentence of the sixth paragraph shall be amended to read: For equipment grounding purposes in all non-metallic type conduits, a No. 6 copper wire shall be run continuously in circuits used for series lighting, and a No. 8, minimum, copper wire shall be run continuously in all other circuits. Add the following after the first sentence of the sixth paragraph to read: The bonding wire size shall be increased to match the circuit breaker size, or shall be as shown on the plans, whichever is greater. The second sentence of the seventh paragraph shall be amended to read: Ground electrodes shall be one piece, 10-foot length, 5/8-inch nominal diameter stainless steel and meet the requirement of the Code. The ground electrodes shall be installed in a one -inch PVC sleeve through concrete areas. 86-2.11 Service The following shall be added to §86-2.11: Traffic signal service equipment enclosures shall be furnished with the following unless shown otherwise on the plans: 1. 50 amp breaker for traffic signals (120V metered). 2. 30 amp breaker for safety lighting (120V unmetered). 3. 20 amp breaker for internally illuminated street name sign (120V metered). 4. Safety lighting contactor, (GE Model No. CR353AD2BA1) and test switch. 5. 3 - #2 AWG copper service conductors shall be installed by the contractor from the SCE handhole to the service pedestal. Page 11 Huntington Beach Traffic Signal and Lighting Systems Standard Special Provisions 1999 Edition The eighth paragraph shall be amended to read: Service equipment enclosures shall be fabricated from steel or stainless steel and conform to the requirements of §86-3.07A, "Cabinet Construction." Service equipment enclosures shall be provided with a baked enamel finish coat, white in color and a method of securing the enclosure utilizing a padlock. With a City - furnished padlock in place, it shall not be possible to force entry into the enclosure by hand without the use of tools. Service enclosure shall conform to City of Huntington Beach Standard Plan No..402, unless shown otherwise on the plans. Standard traffic signal installations will utilize the service pedestal for traffic signals as shown in City of Huntington Beach Standard Plan No. 402 unless shown otherwise on the plans. The eleventh paragraph shall be amended to read: For privately funded traffic signal projects, the Contractor shall be responsible for applying for and arranging with the serving utility to complete service connections for both temporary and permanent installations, and the contractor shall pay all costs and fees required by the utility. For lighting system projects, the City shall be responsible for applying for and arranging with the serving utility to complete service connections for both temporary and permanent installations, and the contractor shall pay all costs and fees required by the utility. The twelfth paragraph shall be amended to read: All costs of all electrical energy utilized until the successful completion of the functional testing period(s) for new lighting and/or traffic signal systems shall be the contractor's responsibility. Upon the successful completion of the functional testing period(s) the subsequent costs of all electrical energy utilized to operate the newly installed system shall be the responsibility of the City. The fourteenth paragraph shall be deleted from this section. 86-2.14 Testing 86-2.14A Materials Testing The following shall be added to §86-2.14A: For City funded or administered projects, the City will be responsible for the costs of the initial soil and geotechnical material tests. The costs of all subsequent soil or geotechnical material tests deemed necessary due to the failure of the initial tests shall be the responsibility of the contractor. The contractor shall be responsible for the costs of all soil and geotechnical materials testing for privately funded projects, as required by the Engineer. Page 12 Huntington Beach Traffic Signal and Lighting Systems Standard Special Provisions 1999 Edition The second sentence of the first paragraph shall be amended to read: The costs of all equipment and materials testing, except as noted otherwise in this section, shall be the contractor's responsibility. The fourth paragraph shall be amended to read: The Contractor shall allow 30 days for material and equipment testing from the date the material or equipment is delivered to the test site. When the equipment or material being tested has been rejected for failure to comply with these specifications, the contractor shall allow 30 days for subsequent retesting. The retesting period shall begin when the corrected equipment or materials are made available at the test site. The sixth paragraph shall be amended to read: It is the contractor's responsibility to pick up and deliver all required materials and equipment to and from the point of purchase, the test site, and the work site. The City shall not be responsible for pick up or delivery of any materials or equipment unless noted otherwise on the plans or in these specifications. The contractor shall notify the City 24-hours in advance to pickup any city -supplied materials or equipment. The contractor shall be responsible for all damage, loss, or theft of any city -supplied materials or equipment from the time of pickup to the acceptance of the construction. 86-2.14C Functional Testing The first sentence of the fifth paragraph shall be amended to read: The City shall be responsible for the costs of electrical energy for testing of modified, city -owned lighting and traffic signal systems. The following shall be added to §86-2.14C: The contractor shall, at his own expense, arrange to have a signal technician, qualified to work on the controller assembly and employed by the controller assembly manufacturer or his representative, present at the time the equipment is turned on, unless the controller cabinet is supplied by the City. 86-3 Controller Assemblies 86-3.01 Controller Assembly The following shall be added to §86-3.01: Page 13 Huntington Beach Traffic Signal and Lighting Systems Standard Special Provisions 1999 Edition The following items shall be furnished as a complete package: Caltrans Model 170E - Micro Processor Intersection Controller Unit Assembly, supplied with a Serial xtender Board. The controller assembly shall be configured and jumpered to have all Random Access Memory (RAM) and Programmable Read Only Memory (PROM's) on the Central Processor Unit (CPU) circuit board (configuration No. 2 in the Caltrans Model 170E Operations Manual). The serial extender board shall access ACIA Port No. 4 (COM 4) and shall provide a db 9 (female) plug on the face plate of the serial extender board. The db 9 plug shall be configured for standard IEEE RS232C serial port operations. The removable circuit boards within the intersection controller unit assembly shall be installed individually in a vertical plane, parallel to one another. The Model 170E controller unit assembly and the serial extender board shall comply with the latest Caltrans Model 170 controller specifications and addendums No. 5 and 6, and the Caltrans letter of understanding dated January 13, 1993. Only manufacturers listed on the current Caltrans Qualified Products List shall be allowed to provide the controller assembly with serial extender board. The current Caltrans Qualified Products List shall be provided prior to controller unit assembly acceptance. 86-3.05 Controller Assembly Testing The second sentence of the second paragraph shall be amended to read: A Certificate of Compliance with the approved procedure and a test report signed by a responsible managing employee shall accompany each controller assembly submitted to City for acceptance prior to installation and functional testing in its final location. 86-3.07 Controller Cabinets The following shall be added to §86-3.07: • Unless otherwise shown on the plans, a Type 332 cabinet shall be furnished with vehicle detector connecting cables, conflict monitor and all appurtenant equipment (including load switches, detector amplifiers, light with dual door switches, drawer shelf, detector test panel, and 12-pair communication panel) necessary to operate as intended per the plans. The preferred manufacturers are McCain or Synchronex, Inc. 86-3.07A Cabinet Construction The following shall be added to §86-3.07A: Page 14 Huntington Beach Traffic Signal and Lighting Systems Standard Special Provisions 1999 Edition Cabinet shall be aluminum. 86-3.07B Cabinet Ventilation The first paragraph of §86-3.07B shall be amended to read: Rain tight, screened vent holes shall not be provided. Louvered vents with a permanent metal mesh and 4-ply woven polypropylene air filter held firmly in place to permit the fan to pass the volume of air specified shall be provided in the cabinet door. 86-3:07D Cabinet Assessories The following shall be added to §86-3.07D: Labels on detectors and detector cables shall correlate controller phase designations with phase designations shown on the plans. 86-3.08 Auxiliary Equipment 86-3.08B(1) Emergency Vehicle Pre-emption Equipment The following should be added to §86-3.08B(1): The Contractor shall furnish, label and install optical detectors and detector cable, and shall make all wiring connections and aim detectors as specified by the manufacturer. Optical detectors shall be 3M Model No. 711, 721, or 722, as. shown on the plans. Discriminator modules shall be 3M Model No. 762. Optical detector signal cable shall be 3M Model No. M-138, or approved equal. 86-3.08C Monitoring Device The following shall be added to §8603.08C: Conflict monitor shall be Eberle Designs, Inc. Model 210ECL. 86-3.08L Flasher The third paragraph shall be amended to read: Page 15 Huntington Beach Traffic Signal and Lighting Systems Standard Special Provisions 1999 Edition Two flashers shall provide 2 output circuits each to permit alternate flashing of signal faces and shall be capable of carrying a minimum of 15 amperes per circuit at 120 volts. 86-4 Vehicle Signal Faces and Signal Heads 86-4.01 Vehicle Signal Faces The following shall be added to §86-4.01: Signal section housings, backplates, and visors shall be plastic type, unless noted otherwise on the plans. The vehicle signal indication lenses shall be glass. 86-4.01A Optical Units The following shall be added to the first paragraph: Contractor shall supply and install all required light bulbs. Vehicle indication light bulbs shall be Duro Test, Maintenance Engineering, or approved equal. 86-4.01 B Signal Sections The following shall be added to §86-4.01 B: All indications shall be 12-inch diameter. 86-4.05 Pedestrian Signals The following shall be added to §86-4.05: -Pedestrian signals shall be McCain Traffic Supply Model PS503S-P or approved equal, with clamshell mounting and Z-crate type screen. The pedestrian signals shall be provided with tamper -resistant fasteners. All pedestrian signal housings shall be polycarbonate. All pedestrian signal screens shall be plastic. All 5/16-inch clamshell Allen screws shall have an anti -seize compound (NOA- Lox or approved equal) applied before application. Audible Pedestrian Heads shall be Wilcox Sales PS/A 10 Audible Pedestrian Head. The mounting bracket shall be placed directly behind the interior mounting screw boss to maximize the ability to tilt the unit towards the ground. Page 16 Huntington Beach Traffic Signal and Lighting Systems Standard Special Provisions 1999 Edition 86-4.06 Signal Mounting Assemblies The fourth sentence of the first paragraph is amended to read: Post -top slip -fitters, mast arm slip fitters, and terminal compartments shall be cast bronze. 86-5 Detectors 86-5.01A Inductive Loop Detectors The following shall be added to §86-5.01A: Detector loops shall be the type or types shown on the plans. 86-5.01A(3) Sensor Unit Construction The following shall be added to §86-5.01A: All loop detector amplifiers in Type: P cabinets, shall be single channel. Amplifiers shall be Detector Systems, Inc., Model 913B or Eberle Model LM301T, unless shown otherwise on the plans. All loop detector amplifiers in Type 332 cabinets, shall be 2 channel Eberle Model 222. 86-5.01A(4) Construction Materials The following shall be added to §86-5.01A(4): Loop wire shall be Type 2. Loop detector lead-in cable shall be Type C, unless specified otherwise on the plans. When 4418 loop detector lead-in cable is specified on the plans, the loop detector lead-in cable shall be Canoga Controls Corporation 30003 polyethylene jacketed cable, with water blocking per Type B loop detector lead-in cable. 86-5.01A(5) Installation Details The following shall be added to §86-5.01A(5): Unless shown otherwise on the plans, all new loop detectors shall conform to Standard Plan ES-56, Type E, except that the loops shall be 6-foot diameter (not 6-inch diameter as shown) and shall be spaced 10-feet apart in the direction of travel (not 10-inches as shown). Page 17 Huntington Beach Traffic Signal and Lighting Systems Standard Special Provisions 1999 Edition Loop detector sealant shall be "Hot -Melt Rubberized Asphalt Sealant." Loop detectors shall be installed (including sealant) on the same day in which the loop detector slots are cut. Curb terminations shall be as shown on Standard Plan ES-5E, Type A. The number of loop detector lead-in cables required to achieve the specified detection shall be installed. Splices will not be allowed in the loop detector lead-in cable between the controller cabinet and the pull box adjacent to the loop detector installation. Loop detector to loop detector lead-in cable splicing shall conform to §86-2.09D. Splices shall be insulated according to §86-2.09E, Handcrafted Insulation for Detector Circuits. Heat -shrink tubing is disallowed. 86-5.01 B Video Detection The following shall be added to §86-5.01(13): Unless shown otherwise on the plans, detector loops shall be abandoned in place and replaced with video detection. The contractor shall furnish and install Odetics Vantage Video Detection, or City approved equal. The contractor shall, at his own expense arrange to have the manufacturer's representative on site for the installation of the video detection and turn on of the signal, unless the video equipment is supplied by the City. The following video detection equipment shall be furnished and installed by the contractor: Four each Odetics Vantage variable focal length cameras, Odetics Part No. RZ-2 or RZ-3. Four each Odetics "L" or "I" brackets as needed for side -of -pole or luminaire mount as indicated on plans. Vantage Plus Processor(s) as follows: One each six -camera capable Vantage Plus 19-inch EIA Rackmount ACU. Four each Vantage "Edge" four -channel Rackmount ACUS and two - channel Daughter cards as. needed per plans. Vantage One Single -Camera ACU shall be used for single -approach or two -approach applications at existing intersections where shelf -mount inductive loop detector amplifiers are being replaced. Each Vantage Plus installation shall include one each nine (9) inch black and white video monitor and one three button pointing device, no additional means shall be required to program the unit and no personal computer interface shall be required. Page 18 Huntington Beach Traffic Signal and Lighting Systems Standard Special Provisions 1999 Edition Contractor shall furnish and install the following cable for support of the above Video Detection System: Belden 8281 Coaxial cable. The coaxial cable shall be one continuous run from the camera to the cabinet, no splices shall be allowed. Power cable shall be Belden 16/3-stranded fuel/oil resistant SJO. No splices are allowed. 86-5.02 Pedestrian Push Buttons The following shall be added to §86-5.02: Pedestrian push buttons shall be Standard Plan ES-5C, Type B. Push button assemblies shall have polycarbonate push button cover. All exposed fasteners shall have anti -seize compound (NOA-Lox or approved equal) applied before installation. No tamper -resistant fasteners shall be provided. 86-6.01 Luminaires Intersection safety lighting luminaires shall comply with §86-9 of these Special Provisions. The luminaires shall be the type specified for arterial streets. 86-6.065 Internally Illuminated Street Name Signs The fifth paragraph shall be amended to read: The Internally Illuminated Street Name Sign shall be Metro -Mark, Catalog No. MM-2-6/4-200-D, single face with 2 lamp unit with two each standard mounting bracket for specified round pole shaft or City approved equal. The following shall be added to §86-6.065: A solid box superimposed upon the traffic signal mast arm symbol on the plans shall indicate that a complete Internally Illuminated Street Name Sign assembly shall be installed on the signal pole as shown on the pole and equipment schedule. The following specifications define requirements for Internally Illuminated Pole Mounted Street Name Signs: Sign Message: Street Name Suffixes shall not be used. Letter size (8" upper case, 6" lower case, and 3" block numbers), style, spacing, arrows, logos and borders shall generally conform to the State of Page 19 Huntington Beach Traffic Signal and Lighting Systems Standard Special Provisions 1999 Edition California Department of Transportation (Caltrans) Traffic Manual, 1992 Edition, Tables 4-4 and 4-7, and Sign Specifications for Type G7 Advance Street Name Signs. Internally Illuminated Pole Mounted Street Name Signs shall be single face unless noted otherwise on the plans. The background color of the sign shall be Federal Highway Blue with white lettering. Shop Drawings: Shop drawings shall be approved by the Transportation Manager, prior to the fabrication of the sign panels. The shop drawings shall show the message for each sign and shall include the size of letters, symbols, or arrows, as shown on the plans or as furnished by the Engineer. 86-9 Lighting Systems, General This section shall be an addition to Section 86 of the Caltrans July, 1992 Standard Specifications. General All lighting and intersection safety lighting shall have a fuse installed per the manufacturer's specifications. The contractor shall install a number 5 pull box adjacent to the new lighting pole base with one 1.5-inch conduit between the pull box and the lighting pole base. The lighting pole foundation installation shall comply with City of Huntington Beach, Standard Plan No. 423. City -owned lighting systems shall be constructed utilizing the following: Non -arterial Streets: Non -arterial streets shall be any street not shown on the current Orange County Master Plan of Arterial Highways. _ Lighting poles shall be Ameron Catalog No. 1C1-20F6 (or approved equal). When the plans specify 70 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the following luminaire types shall be installed: General Electric Catalog No. M2AC-07-S-0-N-1-G-MC3-1 (Multi -tap ballast) Page 20 Huntington Beach Traffic Signal and Lighting Systems Standard Special Provisions 1999 Edition General Electric Catalog No. M2AC-07-S-7-N-1-G-MC3-A (120/240 VAC ballast) When the plans specify 150 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the following luminaire types shall be installed: General Electric Catalog No. M2AC-15-S-0-H-1-G-MC3-1 (Multi -tap ballast) General Electric Catalog No. M2AC-15-S-7-H-1-G-MC3-1 (120/240 VAC ballast) These catalog numbers specify a luminaire with IES Type III distribution, full lighting cut- off, power door ballast assembly, 120/240 VAC or multi -tap lighting ballast, and bulb. Arterial Streets: Arterial streets shall be any street shown on the current Orange County Master Plan of Arterial Highways. For all arterial streets except Pacific Coast Highway, Walnut Avenue between Sixth Street and First Street, and Pacific View Avenue between First Street and Beach Boulevard, lighting poles shall be Ameron Catalog No. 1C1-28F6 (or approved equal). When the plans specify 250 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the following luminaire types shall be installed: General Electric Catalog No. MDCL-25-S-1-A-1-G-MC3-1-F (for Signals Only) General Electric Catalog No. MDCL-25-S-0-N-1-G-MC3-1 (Multi -tap ballast) When the plans specify 400 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the following luminaire types shall be installed: General Electric Catalog No. MDCL-40-S-1-A-1-G-MC3-1-F (for Signals Only) General Electric Catalog No. MDCL-40-S-0-N-1-G-MC3-1 (Multi -tap ballast) These catalog numbers specify a luminaire with IES Type III distribution, full lighting cut-off, power door ballast assembly, 120/240 VAC or multi -tap lighting ballast, and bulb. Page 21 Huntington Beach Traffic Signal and Lighting Systems Standard Special Provisions 1999 Edition Street lighting systems installed on Pacific Coast Highway (State Route 1), Walnut Avenue between Sixth Street and First Street, and Pacific View Avenue between First Street and Beach Boulevard (State Route 39) shall be Ameron Catalog No. 1-C1-28-F8 or Ameron 1-CI-28-F8D street light poles. Luminaires shall be 250 Watt HPS or 400 Watt HPS as shown on the plans. Street lighting pole and conduit installations on Pacific Coast Highway and Beach Boulevard shall require Caltrans plan approval and encroachment permits. For privately funded projects, all costs associated with design, encroachment permit applications, inspections, installation of lighting equipment, materials, or labor associated with the lighting installations or modifications shall be the contractor's responsibility. r •,, je CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 12 ,2001 To: Baxter -Griffin Co., Inc. 8210 Monroe Stanton, CA 90680 Enclosed please find your original bid bond issued by Gulf Insurance Company for Traffic Signal Improvements dM� of,� Connie Brockway, CIVIC City Clerk Enclosure CC No. 1128 gltollowup/cashcon/returnbidbond.doc ( Telephone: 714-536-5227 ) GULF INSURANCE COMPANY BOND NO.: AE0665248 BID DATE: 5/08/01 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, BAXTER-GRIFFIN CO., INC., (hereinafter called the Principal), and GULF INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of MISSOURI, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of CALIFORNIA, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the obligee) in the sum equal to 10% of the accompanying bid of the Principal, not, however, in excess of TEN PERCENT OF THE TOTAL AMOUNT BID Dollars ($10% OF BID AMOUNT), for the payment of which, well and truly to be made, we hereby bind ourselves and our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit to the obligee a bid for TRAFFIC SIGNAL IMPROVEMENTS AT NEWLAND/WARNER, BOLSA CHICA/WARNER, EDWARDS/MCFADDEN, GOTHARD/SLATER, AND GLODENWEST/PALM in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefore. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 26TH day of APRIL, 2001. BAXTER-GRIFFIN CO., INC. BY: Mark Dillard, Secretary, Treasurer GULF INSURANCE COMPANY BY: RANDY SPOHN,lAttorney-i4Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE / � On �/ �_&-0/ before me, ZARA SPOHN, NOTARY PUBLIC , personally appeared RANDY SPOHN , X personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument ZARA S. SPOHN t WITNESS my hand and official seal. COMMI. #1230889 m Notary Public -California y w ORANGE COUNTY -* My Comm. Exp. July 31, 2003 Signature of Notary Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED xx ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT nnGULF INSURANCE COMPANY ST. LOUIS, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com- pany, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the loth day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time; and any such Attorney -in -Fact may be removed and the authority granted him revoked by. the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attomey(s)-in-fact to sign, execute, acknowledge, deliver or oth- erwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to. any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they. are attached." Gulf Insurance Company does hereby make, constitute and appoint BOND NUMBER AE PRINCIPAL: NAME, ADDRESS l CITY, STATE, ZIP Baxter -Griffin Co.,.Inc. 8210 Monroe Stanton, CA 90680 May 8, 2001 CONTRACT AMOUNT 380,000.00 (estimate) `$ 10% of bid amount. --- Cheryl Landmann, Randy Spohn, Zara Spohn ~--- its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, under- takings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said. attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed one million (1.000,000) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. aSV RANCF . ` �pPOggrC0�A GULF INSURANCE COMPANY V F 7 " SEAL PSb\3P STATE OF NEW YORK ) Lawrence P. Miniter COUNTY OF KINGS SS Executive Vice President On the 13th day of April; 2000 A.D., before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say; that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such cor- porate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. P,4\0 JAF� O �OTA9�9 DAVID JAFFA UB��G�O Notary Public, State of New York 34 STATE OF NEW YORK OF No. Din Kings Co ) N Qualified in Kings County COUNTY OF NEW YORK 1 SS Commission Expires December 30, 2001 I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the. City of New York. \10�5 URANC f C� II IIIII IIIII IIIII IIIII IIIII IIIII III J GOp.POq,gl� 4'� " SEAL AE0665248 *1324675* '''ssOO 8016 :AE (4/2000) Dated the 26th day of April 20 01 George Biancardi Senior Vice President RECEIVED CITY CLERK CITYF HUNTINGTON BEACH. CA 2001 MAY -g P. I: 51 con Floor City Hall �'�'i.������i ..":lad"•'i.', :I+,"y'. :i;�s. 2000 Main Street } ` Ga- FROM: Baxter -Griffin Co. Inc 8210 Monroe Stanton, CA. 90680 TO: OFFICE OF THE CITY CLERK Se d S E A L E D B I D PROPOSAL FOR: TRAFFIC SIGNAL IMPROVEMENTS AT NEWLAND/WARNER, BOLSA CHICA/WARI-ER, EDWARDS/ MCFADDEN, GOTHARD/SLATER, GOLDENWEST/PALM BID OPENING: 2001 MAY 8, SECTION C PROPOSAL for the Traffic Signal Improvements at Newland/Warner, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater, Goldenwest/Palm FEDERAL No. STPLHG-5181(131) CASH CONTRACT No. CC-1128 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE CC-1140 1 Traffic Signal Modification - Newland Street and Warner Avenue L.S. c� $ 1 @F0noN>sS@VtN%vl—Dollars Cents Lump Sum 2 'Traffic Signal Modification - Bolsa Chica Street and Warner Avenue L.S. ��0 1 @SEu£t�y iFwt< TNoaSA+�►� Er 6%A Nu Dollars Cents Lump Sum 3 Traffic Signal Modification - Edwards Street and McFadden Avenue °o NoEtes L.S. $t1a alb t— 1 @S&Ut►�Two 14""mma Tvj. Tw4,v@-Dollars Cents Lump Sum 4 Traffic Signal Modification - Gothard Street and Slater Avenue L.S. $�0581� 1 @f(M E-%6t%j1Ay.Sm* FIFjitokl -Dollars Cents Lump Sum 5 Traffic Signal Modification - Golden West Street and Palm Avenue L.S. ° $ 33q 1 @MM E16WT Tm%4Sauu IWn �'y d /oollars Cents Lump Sum Total Amount Bid in Figures: $ 995 ° Total Amount Bid in Words: Z-wo Nurnbn,en . Nw E FIVE 1-140u 6ovx n. a uNd4 Eh r9t lsl!t1(t.4AS Dot.Laa4 C-2 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Bidder's Bond 10Z Accompanying this proposal of bid, find in the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name and Address of Subcontractor State License Class of Wotk Number �+ G1£Sf,� SA w S►+J(� '5P itA AN A By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Mark Dillard , being first duly sworn, deposes and says that he or she is Secretary, Treasurer of Baxter -Griffin Co., Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Barter -Griffin Co., Inc. Name of Bidder Signature of Bidder Mark Dillard, Secretary, Treasurer 8210 Monroe St., Stanton, CA. 90680 Address of Bidder Subscribed and sworn to before me this 8th day of May , 200 1 . NOTARY PUBLIC NOTARY SEAL; ,. „ ROSE M. SCHRIEVER r COMM # 1144903 Wgyp' Y .• r o NOTARY PUBLIC- CALIFORNIA Q , ORANGE COUNTY My ComMssbn E*ires July 28.1W C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Traffic Signal Improvements at Newland/Warner, Bolsa Chica/ Warner, Edwards/McFadden, Gothard/Slater, Goldenwest/Palm, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work, in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: May 8, 2001 Baxter -Griffin Co., hic. Contractor By Mark Dillard Secretary, Treasurer Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. • QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes ® No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Baxter -Griffin Co., Inc. Date: May 8. 2001 Contractor l A �%� By Mark Dillard, Secretary, Treasurer Title C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Baxter -Griffin Co., Inc. Bidder Name 8210 Monroe St., Stanton, CA. 90680 Business Address Stanton, CA 90680 City, State Zip 714 ) 826-5310 Telephone Number 290768 C10 State Contractor's License No. and Class 1-28-1974 Original Date Issued 8-31-02 Expiration Date The work site was inspected by Mark Dillard of our office on May -A, , 2001 The following are persons, firms, and corporations having a principal interest in this proposal: Bert J. Griffin, President Mark Dillard, Secretary, Treasurer C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Baxter -Griffin Co., Inc. Company Name Signature of Bid& r Mark Dillard, Secretary, Treasurer Printed or Typed Signature Subscribed and sworn to before me this 8tbday of May 1 ROSE M. SCHRIEVER It +- COMM # 1144903 D NOTARY PUBLIC - CALIFORNIA m QORANGE COUNTY i °,. •' My Commission Evhes July28, 2001 } NOTARY PUBLIC4zq7rs'A.�"�i NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA. 92701 Name and Address of Public Agency Name and Telephone No. of Project Manager: Public works 714 647-5690 63,186. Project 7631; Traffic Signal Standard/Hobart 2/01 Contract Amount Type of Work Date Completed 2 Irvien'Company, 550 Newport Center Dr., Newport Beach, CA. 92658 Name and Address of Public Agency Name and Telephone No. of Project Manager: Rob masters 949-644-3348 155,332. Bonita Village Intersection Bison & Bayswater 01/01 " Contract Amount Type of Work Date Completed 3. City of Irvine, P.O. Box 19575, Irvine, CA. 92623-9575 Name and Address of Public Agency Name and Telephone No. of Project Manager: Sage Davis 949 724-7555 16,970. Jamboree Rd. from Michelson to MacArthur Improvements Contract Amount Type of Work Date Completed C-11 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 12 ,2001 To: California Electrical Services 5924 San Fernando Rd. Glendale, CA 91202 CALIFORNIA 92648 Enclosed please find your original bid bond issued by Travelers Casualty and Surety Company of America for Traffic Signal Improvements CC No. 1128 L0*" a"�Y Connie Brockway, CMC City Clerk Enclosure g:/followup/cashcon/return bid bond.doc (Telephone: 714-536-5227 ) BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 Bond No. BBSU KNOW ALL MEN BY THESE PRESENTS, That we, Andrzej Krol dba California Electrical Services as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, of Hartford, Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Huntington Beach as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT THE AMOUNT BID IN Dollars ($10%*********), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for T/S Improvements at various intersections STPLHG-6181 (131) CC-1128 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 81" day of May 2001. (Witness) n Pilar M. Landeta (Witness) Andrzej Krol dba California Electrical Services �l (Principal) (Seal) ownim (Title) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA -- B H HUNSINGER (Attorney -in -Fact) Printed in cooperation with the American Institute of Architects (AIA). by -Travelers. -Casualty and. Surety...._... . Company of America. The language in this document conforms exactly to the language used in AIA_. ,- :- Document A310, February 1970 edition. S-1869-G (07-97) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cal ifornia County of Los Angeles On May 8, 2001 before me, Pi 1 ar M. Landeta, Notary Public , Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public") personally appeared John D. Hunsinger Name(s) of Signer(s) iM personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the personM whose name(so is/aDwsubscribed to the within instrument and acknowledged to me that he/skertaegocexecuted the same in hisAoet*k@cixauthorized capacity("X and that by his/ka0& 6xsignature4 on the instrument the person, PILAR M. LAI or the entity upon behalf of which the person(x) acted, .•'• ': NDETAexecuted the instrument. Q : - COMM. # 1159393 a = = NOTARY PUBLIC - CALIFORNIA W I LOS ANGELES COUNTY 3) WITNESS my hand and official seal. My Comm. Expires Oct. 24, 2001 y�� M, 4� Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages:, Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: B Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Signer's Name: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER .. of thumb here ® 1994 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Call Toll -Free 1.800.876.6827 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMMGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS Naperville, Illinois 60563-8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: William C. Van Rooy, John D. Hunsinger or Mary Smith * * of South Pasadena, CA their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (8-97) FECEIVED CITY CLER1 CITY OF HUHTiNGTOR BEA1 1001 MAY - 8 P CU41 of pun� t, V19fov\ 6ec 4:: •. �J_:^-j ,." • 1, 1j ,. P_.., .. .. •:y e :cam 'V.IC£9 5R �•°'�- `� , kr . - � - -`lam :�.y'f.•:.,_• . „ .a+ Zio F.:. q': - rr; •�iy�i:.: is -�:° ^ter'+•-+•�•' - •'1'. - :'S�'•:- v;,2 :. r. is : I- • RECEI VEO . CITY CLERK CITY OF HUNTHNGTON BEACH. CA 2001 MAY -g . P . 1: 50 of.Ru.Ri-i viqfoh ' N c C �L t rn r1 .O i �nrn ca mf C CM. , Ci ;loci 6eack 4 l mG Fa�oc �► God ma`s:.: e i -l) . SECTION C PROPOSAL for the Traffic Signal Improvements at Newland/Warner, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater, Goldenwest/Palm FEDERAL No. STPLHG-5181(131) CASH CONTRACT No. CC-1128 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Izistructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE CC-1140 TteinEstimated - Item wit6pnce i Unit �No. uanti wrrttenin words `Puce Amount 1 Traffic Signal Modification - Newland Street and Warner Avenue L.S. $5�0.q 1 @ Dollars Cents Lump Sum 2 Traffic Signal Modification — Bolsa Chica Street and Warner Avenue L.S. $ 1 @ Dollars Cents Lump Sum 3 Traffic Signal Modification — Edwards Street and McFadden Avenue L.S. $n Q61 $ 1 @ Dollars Cents Lump Sum 4 Traffic Signal Modification — Gothard Street and Slater Avenue L.S. 1 @ Dollars Cents Lump Sum 5 Traffic Signal Modification — Golden West Street and Palm Avenue L.S. $ 1 @ Dollars Cents Lump Sum Total Amount Bid in Figures: $ 395 681. 02- Total Amount Bid in Words: -Tji i2CE " J N1bRF_2) r-(6.rP Ty F (WC-_ THOUSA•.N�_ 51k fl0tQbP_ED QGVTY �4: �%00 R5,R62. l5 C-2 PROJECT BID SCHEDULE CC-1140 Item 0 o.� Estima#ecl Quanhty� �. .. Items th pi ice � f. ,. written �nwords�, a, .__ _ _ �U PEimount MN'e11,1 Mj- _s._. .. -u 1 Traffic Signal Modification - Newland Street and Warner Avenue L.S. $ 1 @ Dollars Cents Lump Sum 2 Traffic Signal Modification — Bolsa Chica Street and Warner Avenue L.S. $ 1 @ Dollars Cents Lump Sum 3 Traffic Signal Modification — Edwards Street and adden Avenue L.S. $ 1 @ Dollars Cents Lump Sum 4 Traffic Signal Modification — Gothard Street and Slater Avenue L.S. $ 1 @ Dollars Cents Lump Sum 5 Traffic Signal Modification — Golden West Street and Palm Avenue L.S. $ 1 @ Dollars Cents Lump Sum Total Amount Bid in Figures: $ Total Amount Bid in Words: C-2 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 1016 Wd 6din the amount of $ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 Sent By: CES; 818 241 5581; Apr-26-01 1:08PM; Page 2/3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of DrWJj Los Angeles Andrzej Krol , being first duly sworn, deposes and says that he or she is drfe Klro dba California owner of ��ec r ca ervices the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Andrzej Krol dba California Electrical Services Name of Bidder Sinature of Bidd r Andrzej Krol Owner 5924 San Fernando Rd., Glendale, CA 91202 Address of Bidder Subscribed and sworn to before me this 8th day of May , 200 1 _ PILAR M. LANDAA Q:• COMM. #1159393-I-- - ----- (L = = NOTARY PUBLIC • CALIFORNIA "D I LOS ANGELES COUNTY A My Comm. Expires Oct. 24, 2001 NOTARY PUBLIC NOTARY SEAL. C-5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Traffic Signal Improvements at Newland/Warner, Bolsa Chica/ Warner, Edwards/McFadden, Gothard/Slater, Goldenwest/Palm, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work, in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 05--08 —01 Andrzel Krol dba California Electrical Services Contractor By D W V � Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes '\�o If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 05 - 0 9-01 Andrzej Krol dba Callfomia Electrical Services Contractor By DWV)0), Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. 4 Dig Alert Identification Number: _ Contractor am Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Andrzej Krol dba California Electrical Services Bidder Name 5924 San Femando Rd. Business Address Tel: (818) 241-1800 Fax: (818) 241-5581 City, State Zip u (31) )-L4(- 19W Telephone Number �-N 810 C -to State Contractor's License No. and Class 0G I301 005 Original Date Issued O 30 ), Expiration ate The work site was inspected by Q5 Oft S of our office on , 200_. The following are persons, firms, and corporations having a principal interest in this proposal: Andrzcl Krol dba Calitomia Electrical oervises C-10 Sent By: CES; 818 241 5581; Apr-26-01 1:08PM; Page 3/3 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. Andrzej Krol dba California Electrical Services Company Name A r Signature of Bidder Andrzei Krol, Owner Printed or Typed Signature Subscribed and sworn to before me this 8 t h day of May , 2011— A PILAR M. LANDETA [L COMM. # 1159393 I NOTARY PUBLIC • CALIFORNIA _ LOS ANGELES COUNTY 3) �J My Comm. Expires Oct. 24, 2001 Q , NOTARY PUBLIC `PJ 7ni C &. NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1 Name and Address of Public Agency Name and Telephone No. of Project Manager: C)MDA P(bU+0-1& (� g) 540 "3g60 Contract Amount tType of WISrk Dat Completed 2. " 04 c . A . ?.LJ.-DS,&M'AQ &f . l.. Name"and Address of Public Agency Name and Telephone No. of Project Manager: 7 hU.�4 CNI"O- '-bi nh L213) 84-1- 5y17 3S0)e- S+1e6 Iia h--k Contract Amount Type of Work 3. 17 W. 1621WdS-V• Name And Address of Public Agency Oa a coo Date Completed Name and Telephone No. of Project Manager: J h Vl Fet&K C310i QJ- g500 U 330 K- Contract Amount S m i ' Type of Wo C-1t ) qqq Completed Loral Assistance Procedures Manual EXHIBIT 12-E 1'S&F. Checklist Instructions attachment C (THE BIDDER'S EXECUT(OiV c J.V THE SIGM-1 TURF PORTIO.V OF THIS PROPOSAL SHILL .-ALSO C).VSTITUTF. A.V E;VDORSEA1E,VT AA'D EXECUTION OF THOSE CERTIFIC.4 T10iVS WHICH AREA PART OF THIS PROPOSA) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION Andrzci Krol dba California Electrical The bidder Services proposed Subcontractor , hereby certifies that he haShas not participated in a previous contract or subcontract subject to the equal opportunity clauses. as required by Executive Orders 10925. 1 1 l 14, or 11246, and that, where required, he has filed with Elie Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency. or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The abo%e certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)i. and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt From the equal opportunity clause are set Forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of S10,000 or under are exempt.) Currently. Standard Form 100 ( EEO -I ) is the only report required by the Executive Orders or their implementing- regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not Filed the required reports should note that 41 CFR 60-1.7(b) ( I ) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period- specified by the Federal High%vay Administration or by the Director. Office of Federal Contract Compliance, U.S. Department of Labor. 1 2.4. X.) — - - !'a1;e 12-77 February I, 199H Local :wistance Procedures Manual E\Hlurr 12-E I'S&-E Checklist Instructions Attachment E DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE: OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury. certifies that, except as noted below, he:'she or any other person associated there%vith in the capacity of o» ner, partner, director, officer, manager: • is not currently under suspension. debarment, voluntary exclusion, or determination of ineli_ibility by anv Federal agencv: • Has not been suspended. debarred. voluntarily excluded or determined ineligible by any Federal agency within the past 3 years: • Does not have a proposed debarment pending: and • Has not been indicted, convicted. or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving; fraud or official misconduct within the past 3 ,years. It there are any exceptions to this certification, insert the exceptions in the follotiving space. Exceptions %will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agencv, and dates of action. Votes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 12.4-X'i Page 12-81 Pehruary I, 199H • Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment D Noncollusion Affidavit (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY / COUNTY of HUNTINGTON BEACH / ORANGE DEPARTMENT OF PUBLIC WORKS. In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly. or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pav, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 12-4-39 Page 12-47 February 1, 1993 ' L9cal Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment E DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager. • Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; Has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • Does not have a proposed debarment pending; and • Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. — - - 2 February 1, 199S Local Assistance Procedures Manual EXHIBIT 12-E PS&E Checklist Instructions Attachment F NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of anv Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 12-4-a9 Page 13-51 February 1, 1993 Local Assistance Procedures Manual E X1111111' 12-E; VS&E. Checklist Instructions Attachment L LOCAL AGENCY BIDDER -DBE INFORMATION This information may be submitted t,yith your Md Irl'uposaI- It' it is not, and %ou arc the apparent low hldder or the second or third Iow bidder, it must be submitted and received by the administeriml a,encl no later than the time specified in the special pro% isions. _ CO.. RTE./P.M.: CONTRACT NO.: sTP c-M& - sior �l3 Cc —1)29 BID AM0UNT: BID OPENING DATE:—�rj-o8-0r BIDDER'S NAME- Andrzcl Krol dba CGlitcmla Electrical ADDRESS:5024 San Femando Rd, Glendale CA 91�_ -----feT (8818) 241 ► 800 DBE GOAL FROM CONTRACT Icy ° CONTRACT ITEMNO. ITEM OF tt ORI ANO DESCRIPTION OF WORK OR SERVICES TO BE SUBCONTRACTED OR MATERIALS TO BE PROVIDED NAME OF DBE " (Name of DBEs. Certification Nlnl)ber. and Telephone Number) DOLL.-kR A>10UN'T "' DBE PERCENT ••• DBE 1- insbij- +fait✓ loop 714� LOOP& G X411�In�, �o POMOV% dlz-ecio ir�c. 1 CT# D1ag?a `1I4)SW-40Z Total Claimed S10 S a.j Participation uo 00 • If 100"„ of Item is not ru be perforn)ed ur furnt.h.d b% D13L. describe exact portion. including planned location of «ark to be nerfurmed. of item to be nerfurmcd or furni,l%dlbv DBE •• DULs must be certified b% Caltrans on the date b;ds arc opened. Subcontractors and supplier: certified state -funded only cannot be used to n)ect goals on fcderall, funded.uniracts. ... Crcdlt fur a DUE supplier. uhu is not a manufacturer is limited to ho" of the amount paid to the supplier. (See Section "Dl:advanta_cd Busincss" (DBE) ufthe special pru%isions) IMPORTANT: Names of DBE subcontractors and their respective item(s) of work listed above should be consistent with the name and items of «vork in the "List of Subcontractors" submitted with your hid pursuant to the Subcontractors Listing Law. 05-08-0I L813)aljH9Qp $ _nature a Bidder Date (Area Code) tel. No. Pcrsun to Contact (Please type or print) Dt.tnhuttun ILr NI IS Pru)eet. I)tanhutum lurit,-it.VIIS Projects: I I)( )rig inaI.( aItran: DI.AF r„r NI IS Prt,lect%. i _) Copy -Local Agency pr,t)cct 61t: I I ) ( )rtgntal L,.cal Agency pr tecl file IFFD DBFj NYM11:111) IH .OW..N (ItFV O,),IX-95) Vuec 1?-99 hehruary I, 199H CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 12 ,2001 To: Dynalectric 4462 Corporate Center Drive Los Alamitos, CA 90720 CALIFORNIA 92648 Enclosed please find your original bid bond issued by Travelers Casualty and Surety Company of America for Traffic Signal Improvements CC No. 1128 60*" OW411V7- Connie Brockway, CIVIC City Clerk Enclosure g Jfollowup/cashcon/returnbidbond.doc ( Telephone: 714-536.5227 ) THE AMERICAN INSTITUTE OF ARCHITECTS El AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we DYNALECTRIC 4462 Corporate Center Drive (Here insert full name and address or legal title of Contractor) Los Alamitos CA 90720 as Principal, hereinafter called the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 399 Thornall St. (Here insert full name and address or legal title of Surety) Edison NJ 08837-2238 a corporation duly organized under the laws of the State of CT as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) CITY OF HUNTINGTON BEACH, CITY CLERK 2000 Main St., 2nd FI. City Hall Huntington Beach CA 92648 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid Dollars ($10% of Amount Biqa for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for. (Here insert full name, address and description of proiect) Traffic Signal Improvements @ Newland/Warner, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater, Goldenwest/Palm Fed No. STPLHG-5181(131) (CC-1128) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such .Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. day of May 2001 ORT, CFO I KAVtLtK5 CASUAL I Y ANU SUKt I Y UUIVIVANY UI- AMERICA (Surety) (Seal) Mary A Ice Corbett (Wit ss) Eleanor Doudera (Title) Attorney -in -Fact AIA DOCUMENT A310 • BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 TFUVELERS C.A.SliAI.TY AND SURETY C0l1PA.\Y OF A-tiiERICA EARTFORD, CT. 06183 State of New York, County of ATTOI EY-Di-FACT JUSTEFICATION PRINCIPAL'S ACR OWLEDGME.NT— IF A CORPORATION ) u. On this day of , beore me pc:sonaUy appeared to me known wbo,'ackg by me duly swortt, deposes and says: That he/sbe rmidea in the City of , that W ha is the of DYNALECTRIC , the corporation de ichbed in and which =wutad the within insowne M that hdshe knows the teal of acid oorporaboa; that the teal &$vmd to said instrumets is such axperua seal: that it was so affixad by order of Lhe Board of Diteelors of said ootporation, and that hc/sbe signed "'bar name thereto by like ardor. PRINCIPAL'S ACICNOWLEDG.M&NT—IF INDIVIDLTAL OR FIRN.1 State of Ncw York, County of i W. or, this day of before me pormnally appeared to me known to be (the individual) (one oftha firm of ) d-cribed in and who executed the within inrtruamt, and he/she tha-upon duly Lcknowladged to me that hdaho c2moutad the Lama (as the ad and deed of said firm). SLTR2TY COMPANY'S ACKNOWLEDG.ILNT SutcofNewYorlt.County of Nassau )ss. On this 8th day of May , 2001 ,bdoremepcssoaallyappered Eleanor Doudera to me ktwwt. wbo, being by me duly nwrn. did deposa and Lay. Tbat he/she resida in tbo City cf Suffolk County, NY that hdahe is Attormey-in-Fact of TRAVELERS CASUALTY AND SURETY COXPAN OF A.WERICA, tha corporation dmaibed in and whieb executed the witho uusrutaear; that ba/she knours the eorporita &cal of said Company, that the seal -if zed to said i uitrumrst is Lu h corporate seal; sad that blobs signed said i ntrumtza as Anorneywa-pad by uvbxity of the Boatel of Dirceas of said Company , and drat did further depose and Lay that the Superitbcndoat of Ltsuraace of the State of New York has, pursuant to CImptor 9 t2 of the Laws of the State of New Ycrit for the year 1939. oonetimdag chapter 29 of the Caoa01idatin6 Laws of the Sure of New York u the Iaastratsoe Lw u uamded, ;...,ad to TRAVELFJU CASUALTY AND SURETY COMPANNY OF AIMERICA hislbar catiSrmta that &aid Company is qual4ad to beeotae and be accepted as surety or guaraater on all bonds, undcrukinp, rccogniz&r a 6uux ies, and other obligations requited or permitted by law; snd that such oa'tificaw has not bom revoked , Cash & Invested Cash Bonds: Stock Ctt,er Invested Assets Irnrestment Income Due and Accrued Premium Balances Reinsurance Recoverable Reoelvable for Securt,les Other Assseta Total 4� Nctar; Public t RY ALICE J. CORBETT Notary Public, State of New York TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA No.01006020162 Hertford, Connecticut 06183 Qualified in Nassau Coun Commission Expires 02/22i003 FINANCIAL STATEMENT99 AS OF OECEMSER 31, 19 AS FILED WITH THE INSURANCE DEPT. OF THE STATE OF NEW YORK CAPITAL STOCK S 8,000.000 ASSETS LIABIUTIES 32,861,608 Unearthed Premfum9 1,021,084,755 Losses 30,031,758 Loss Adjustment Expenses 17,761.265 Accrued Expenses and other LlabllKles 15,331,517 PrWalon for Reinsurance 23,292,453 5.282,632 Total Uabllitles 2,831,655 360,8W Capital Suck Paid In Surplus Other Surplus Surplus to PoUcyholdem 1,154,8W,643 Total Securities carried at $14,238,041 In the above cUtement are depoaMW with publla authorities, as required by law. 6.000,000 108,297,402 305,428.668 S - 151,385,135 261,237,044 -73,915,656 147,5W,717 11,064,820 645.112,572 509.726.070 S 1,154,t)_38,843 TRAVELERS CASUALTY i-ND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Anthony J. Romano, Eleanor Doudera, Fred Nicholson, Gerard S. Macholz, Rita Sagistano, Thomas Bean, of Uniondale, New York, their true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies,'thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)- in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (5-00 Standard) - ..tit j� all it 1 r ::4':'- :.. .. .' ., •�h+•fii, :•'A:r....+..; '�:t!•`•1 _ ,, .Z�a, . ems:',-.. CM • -i'ii a , +:��� `��J 1 � q t . ,ti'' �3 r - ;icy.:'':%•�-t.�-.-s. t t y.: f' aYSR- •'FT- W _ •� iq,n :.Z m- f •V n 5 F x Ni ,y:.. Lit`c';!S7:•rYJ:.:".ay:.i•,f,••ol_lyl,.!;.: F.. b •�'.•t., r.}'�1%.\•+ RECEIVED CITY CLERK CITY OF ' UNTI ON BEACH. 0 A •.. H NGT EA 2001 FLAY a A .I I: 5 b Dynalectric 50• ANNIVERSARY "[RSARY An EMCOR Company "SEALED BID" FOR: Traffic Signal Improvement., at Newland/Warner, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater, Goldenwest/Palm in the City of Huntington Beach, -DO NOT OPEN WITH REGULAR MAIL Bids: Tuesday, May 8, 2001 at 2:00pm 4462 Corporate Center Drive • Los Alamitos, CA 90720 • (714) 828-7000 :'•'�,;^,,-.:. ,:l',:;. i:`.;. _'y-: _ iv'' :,'.jam lr t=1::.:' . - _ .. w'.+E1 Y: iy s, �s:�� .•.:i�� _ mot:• .:'(-i.. '' `'•y 4.:. SECTION C PROPOSAL for the Traffic Signal Improvements at Newland/Warner, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater, Goldenwest/Palm FEDERAL No. STPLHG-5181(131) CASH CONTRACT No. CC-1128 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, histructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE CC-1140 Item Estimated u1Itemwith price No, written in words r&r Prue, Amount 1 Traffic Signal Modification - Newland Street and Warner Avenue L.S. $ Oat 1 @T(kl�-'T-q SI y '��J5A.,JZDollars Cents Lump Sum 2 -Traffic Signal Modification - Bolsa Chica Street and Warner Avenue SAIL" E7160+T T144DuS#4"r> 0&96 L.S. $G?, � t2 1 @ ,aDREp TvJeL%)e Dollars 31111 Cents Lump Sum 3 Traffic Signal Modification - Edwards Street and McFadden Avenue � \ �� � lC� t�T �vs+►-.�.ts'� �� � L.S. $ S Dollars Cents Lump Sum 4 Traffic Signal Modification - Gothard Street and Slater Avenue �v�-c S k A Tl vs A -.I NNE- --�-r� L.S. $ 4q,,141 }�v� 1 @_ �Jaa Dollars 1�1 o Cents Lump Sum 5 Traffic Signal Modification - Golden West Street and Palm Avenue -IIIIIA,43> 611E -' `It L.S. $ 73 1 @ Dollars Cents Lump Sum Total• _ • Total•Words: !.l o 10 KI C-2 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find "ecp� the amount of $ \ o `t . which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 c NONCOI LUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange lZ)/ _I-jgjm 16. being first duly sworu, deposes and says that he ershe is C1CD Se�/��e2. of, 'I/Ic'G�6a Y Le�fe/C)the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or ag+.-nt thereof to effectuate a collusive or sham bid. ese Name of B' der S' nature of Bidder Address of Bidder 9® 7a o Subscribed and sworn to before me this day of , 200 PEARL LOVEIERE Commission # 127300 !tip . cy Public - Ccd faMb `•�_. �� any CorrxtZ.Sepl(1�4 NOTARY PUBLIC NOTARY SEAL C-5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of On —c! Da personally appeared before m Title of Officer (e,g., "Jao6Doe, Notary Name(s) of Signer(s) / personally known to me —OR to be the person(c* whose name(&)�is/afesubscribed to the within instrument and acknowledged to me that he#jheA4ay executed the same in his/4944heir authorized capacitykiw4, and that by his/4eMheirsignature*on the instrument the person(a)-, PEARL LOVErERE or the entity upon behalf of which the person(a) acted, Comm*dort01 executed the instrument. Czgkpft Z �LI tMY des Caxrtl► mycaYm.a�iNSOP14=4 WI NESS my d and official seal. Signatur of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attach d Document Title or Type of Document: Document Date: —0 / Num of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Nam . y�dLf ❑ Individual p. Corporate Officer Title(s):2 �D, Partner = ❑ Limited ❑ deneral ❑ Attorney -in -Fact ❑ Trustee _ ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: Signer's Name: ■ ■ ■ A Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER of thumb here 01994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876.6827 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Traffic Signal Improvements at Newland/Warner, Bolsa Chica/ Warner, Edwards/McFadden, Gothard/Slater, Goldenwest/Palm, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work, in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 6 _Q / Contractor By Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ❑ Yes *No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date:"7� ,o a —01 &, �- A e �-) Contractor By D e ��e•ea� Title C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: Bidder Name Business Address City, State Zip P,'/ ) 8� ,?- '7 Telephone Number State Contractor's License No. and Class /a 6-1 � P9' Original Date Issued Expiration Date The work site was inspected b of our office on �" 2ooL. The, following are persons firms, d corporations having a principal interest in this proposal: C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. 4f Company Name Signature of Bidder Printed, or Typed Signature a Z e e-4�-�) Subscribed and sworn to before me thin -lay of &�/1— , 200 . NOTARY PUBLIC NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. � e le " e eyr, Name and Address of Public Agency 2. Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Date Completed Contract Amount Type of Work Date Completed 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed C-11 ALL-PURPOSEJRNIA • tit State of County of / On before rrzoa2>` Date Na e a die of Officer (e.g.. "Ja Doe, Notary Public" personally appeared -��- Name(s) of Signer(s) personally known to me -OR - to be the person(sj- whose name(a) Ware subscribed to the within instrument and acknowledged to me that hefsha4Wxy executed the same in his/Jaerkfteirauthorized capacity(ies), and that by hisAherkheir signature(e) on the instrument the person(sr PEARL LOVEM or the entity upon behalf of which the person(c4 acted, CommWilm# 12739W executed the instrument. ..,�; .. N&MY Public - Ca0kn 0 !.c-s Angeles Coutdr n.aqomSep10.=4F WITNESS my nd and official se I. Sign re of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attaphed Document Title or Type of Document: Document Date: 02l Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Cipimed by Signer(s) Signer's Name C Individual Corporate Officer Title(s):C Q. 4 L� Partner — ❑ Limited Q General u Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: Signer's Name: B IN Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Call Toll -Free 1.800-676.6827 ®yna®ectr®c An EMCOR Company REFERENCES Owner: = City of Los Angeles Department -of Public Works TRAFFIC SURVIELLANCE SYSTEM, 100 Title: ATSAC West Adams DIFFERENT INTERSECTIONS Total: $ 5,200,000.00. Contact: Ernie Aldover City of Los Angeles Department of Transportation Phone: (213) 237-0303 Completed 5/00 Owner: California Department of Transportation INSTALLATION OF CAMERAS ALONG Title:. Route 90 CCTV System ROUTE 90 FREEWAY Total: $ .. 1,350,000.00 Contact: -. - ROGER BANOS - California Department of:Transportation--. . Completed .1/00 Phone:: =-:(562) 865-4174 Owner: -City of Lakewood C/O City, Light at Power, Inc. . INSTALLATION OF 15 STREET LIGHTS ON Title: Studebaker Rd Street Lighting - STUDEBAKER ROAD Total: $ .-46,000.00 Contact: James Mosier City Light 8t-Power, Inc. Completed. 12/99 Phone: (562) 983-2000_ ....:.....::-.:., Owner: City of Santa -Monica CLOVERFIELD BLVD. WIDENING Title:. Cloverfleid Blvd.: Widening Total: $ 616,500.00 Contact: Dave Roth City of Santa Monica Completed: Ongoing Phone: (310) 458-8520 Owner: City of Culver City c/o Mulvihill Electric 3 YEAR CONTRACT: RED LIGHT CAMERA Title: 3 year Contract Red Light Cameras INSTALLATIONS Total: $168,000 to Date Contact: John Petrozza Mulvithill Electric Completed: Ongoing Phone: (718) 448-7000 L, Oje CITY OF HUNTINGTON BEACH LAj2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 12 .2001 TO: F.J. Johnson, Inc. P.O. Box 6341 Anaheim, CA 92816-0341 Enclosed please find your original. bid bond issued by . western Surety Company Connie Brockway, CIVIC City Clerk Enclosure for Traffic Signal Improvements Project CC No. 1128 g lfollowup/cashcon/returnbidbond.doc (Telephone: 714-536-5227 ) THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe F. 'J. JOHNSON, INC. (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and WESTERN SURETY COMPANY (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of SOUTH DAKOTA as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT OF THE TOTAL AMOUNT BID IN ------------- Dollars ($---- 10%----- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for TRAFF�C SIWAL IMP � E[ 6�f'tlrproject) ( ere inset u name, a r s an a ti NEWLAND/WARNER, BOLSA CHICA/WARNER, EDWARDS/McFADDEN, GOTHARD/SLATER, AND GOLDENWEST/PALM PROJECT NO. CC-1128 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 7TH (Witness) day of MAY 2001 rincipal) (Sea,, WESTERN SURETY COMPANY (Surety) (Seal) (Witness) DENISE BENNETT , (Title) ATTORNEY —IN —FACT AIA DOCUMENT A310 • BID BOND • AIA 0 • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 is State of California County of Orange NOTARY ACKNOWLEDGMENT On May 7, 2001 before me, J.K. Cunningham , Notary (Date) (game/Title - Notary Public) personally appeared Denise Bennett N personally known to me - OR - ❑ J. K. CUNNINGHAM t p COMM. # 1276175 2 NOTARY PUBLIC-CALIFORNIA o ORANGE COUNTY My Comm. Exp. Oct. 6. 2004 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a&e subscribed to the within instrument and acknowledged to me that heisheAhey executed the same in his/herAhei� authorized capacity(ies), and that by hiller/*,eir- signature(s) on the instrument . the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. 9 (Sig of Notary) CAPACITY CLAIMED BY SIGNER(S) ❑ INDIVIDUAL ❑ CORPORATE ❑ OFFICER(S) _ (Title) OPTIONAL, INFORMATION ❑ PARTNERS(S) LIMITED GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: Western Surety Company A Subsidiary of CNA Surety Corporation POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY.COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Denise Bennett, Judith K. Cunningham, Scott Dunham, John M. Garrett, Kari Goodman,; Griff Griffith, Gerry McEwen, Steven C. Mosier, Erika A. Nicholas, Terri L. Vaughan, Individuallv of Tustin, California its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duty adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed on this 17th day of December 1 1999 SErr� WESTE RETY C M NY +; o «l4ptQ �R11�s�: m� p�cd`P Stephen T. Pate, President State of South Dakota County of Minnehaha j ss On this 17 th day of December , _ 1999 _ before me personally came Stephen T. Pate, tome known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +~w� J. NOTARY PUBLIC October 22, 2005 t SEAL Swt ;-SOUTH DAKOTA J. Mohr, Notary Public My Commission Expires 10.22.2005 J CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 7TH day of MAY 2001 Eryo WEST R SURETY COMPANY �r�l tP�R1r s< elson, Assistant Secretary Form F4280-12-99 1'.J. JOIMSON, INC. r , C: TY CLE K s ay► , 'r .,. � CITY. OF HUNTINGTON BEACH. CA 2001 MAY -8 P 1: 53 "C o c7 rn QO cac3r -nr"f.� P.O. Box 6341 rn., ;C2 Anaheim, CA 92816-0341 '- x City of Huntington Beach Bid Opens: 5/8/01 2:00 pm Traffic Signal Improvements at Newland/ h� , Warner, etc. Federal No. STPLHG-5181(131) Cash Contract No.: CC-1128 r 'i� SECTION C PROPOSAL for the Traffic Signal Improvements at Newland/Warner, Bolsa Chica/Warner, Edwards/McFadden, Gothard/Slater, Goldenwest/Palm FEDERAL No. STPLHG-5181(131) CASH CONTRACT No. CC-1128 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within 60 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE CC-1140 MEN 7 1 Traffic Signal Modification - Newland Street and Warner Avenue L.S. $ 33, 798.0 1 Thirty three seven Dollars nundred ninty eight. and zero cents Cents Lump Sum 2 Traffic Signal Modification — Bolsa Chica Street and Warner Avenue Sixty six thousand three L.S. $ 66 , 392.0 1 @ hundred ninty two Dollars zero Cents Lump Sum 3 Traffic Signal Modification — Edwards Street and McFadden Avenue Sixty nine thousand one L.S. $69,161:0 I Q hundred sixty one Dollars zero Cents Lump Sum 4 Traffic Signal Modification — Gothard Street and Slater Avenue Fifty four thousand eight L.S. $54, R52- 0 I (a� hundred fifty two Dollars zero Cents Lump Sum 5 Traffic Signal Modification — Golden West Street and Palm Avenue Forty one thousand two hundred L.S. $41,243.00 1 forty three Dollars Cents Lump Sum zero Total Amount Bid in Figures: $ 265,446.00 Total Amount Bid in Words: Two hundred sixty five thousand four hund forty six dollars and zero cents C-2 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the ?ate of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Bidders Accompanying this proposal of bid, find Bond in the amount of $ 1 p which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: 11 Addenda No. I Date Received I Bidder's Signature 11 C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class loops Smithson Electric, 1938 E. Katella 614518 C 10 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Daniel H. Smith , being first duly sworn, deposes and says that he arshb is Secretary of F.J. Johnson, Inc. the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. F.J. Johnson, Inc. Name of Bidder P 0 FA j,lelof B%id?eF— P.O. Box 6341 Anaheim, CA 92816-0341 Address of Bidder Subscribed and sworn to before me this Sri' day of , 200 _�___ . NOTARYPUBL NOTARY SEAL D. BOWE3 _ Corrrnts M • 120304 001 County My Oomn. 6�pies Jun 3Q 2DD4 G5 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Traffic Signal Improvements at Newland/Warner, Bolsa Chica/ Warner, Edwards/McFadden, Gothard/Slater, Goldenwest/Palm, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work, in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: May 8, 2001 F.J. Johnson, Inc. Contractor By niel H. Sm th Secretary Title C-6 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Q Yes 15 No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-7 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: May 8, 2001 F.J. Johnson, Inc. Contractor �W X Q.*, By Daniel H. Smith Secretary Title C-8 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number. Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-9 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: F.J. Johnson, Inc. Bidder Name P.O. Box 6341 Business Address Anaheim, CA 92816-0341 City, State Zip ( 714) 632-1415 Telephone Number 489328 C10 State Contractor's License No. and Class April 8, 1986 Original Date Issued April 30, 2002 Expiration Date The work site was inspected by Steven Kuj awa of our office on May 3 , 200 1 The following are persons, firms, and corporations having a principal interest in this proposal: Fred J. Johnson Daniel H. Smith C-10 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. F.J. Johnson, Inc. Daniel H. Smith Printed or Typed Signature Subscribed and sworn to before me this 8"day of NOTARY PUBLI ,200 D. BOWES _ commhsbn # 1269304 < �Qymdc - z _ - - r.~ wnhs mYcwm80esJun30,2A4 NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. SEE ATTACHED 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Type of Work C-11 Date Completed Date Completed Date Completed Jobs Completed 1996 - 1997 DATE COMPLETED PROJECT AWARDING AGENCY AGENCY'S CONTACT & CONTRACT AMOUNT AND ADDRESS AND PHONE NO. 02-11-96/$73,219.00 Kaufman & Broad Cori Pierce City of Anaheim 180 No. Riverview Dr. (714)282,4000 Street Lighting Anaheim, CA 92808 02-18-96/$155,856.00 Hillcrest Contracting Jerry Blair City of Brea P. O. Box 1898 (909)273-9600 Street Lighting Corona, CA 91718-1898 03-01-96/$164,100.00 Hillcrest Contracting Jerry Blair City of Brea P. O. Box 1898 (909)273-9600 Street Lighting Corona, CA 91718-1898 03-18-96/$45,367.00 City of Anaheim Glen Bagley Lincoln Ave. & East St 200 So. Anaheim Blvd (714)254-5126 Signal Modification Anaheim, CA 92802 10-20-96/$289,525.00 City of Newport Beach Herb Wollerman Balboa Island 3300 Newport Blvd. (949)644-3000 Street Lighting Newport Beach, CA 02-27-97/$255,415.00 C. J. Lumsdaine Julie Spencer Irvine Discovery P. O. Box 50127 (714)454-9871 Traffic Signal Irvine, CA 92619 05-16-97/$460,000.00 City of Anaheim Caster Williams Lincoln Avenue 200 So. Anaheim Blvd. (714)254-5176 Street Lighting/Interconnect Pouk & Steinle Bob Biscoe(909)682-2982 04-20-97/$91,308.00 Kirkwood Dynalectric Chris Pesavento Cal State University 4462 Corporate Center Dr (714)828-7000 Parking Lot Traffic Signal Los Alamitos, CA 05-25-97/$69,848.00 Progressive Contracting Mike Rolfe Jeronimo Mission Viejo 1800 E. Gary Ave (714) 474-0227 Traffic Signal Santa Ana, CA 07-06-97/$321,411.00 Pouk & Steinle, Inc. Bob Briscoe Lincoln, City of Anaheim 2520 Rubidoux Blvd. (909)682-2982 Street Light/Interconnect Riverside, Ca 08-01-97/$218,479.00 Pouk & Steinle, Inc Jim Haggie Western Avenue P. O. Box 3039 (909)245-0222 Street Lighting Riverside, CA 09-04-97/$94,587.00 Gentosi Construction Charlie Young Home Dept -El Toro 1900 E. Warner Ave. (714)474-2333 Traffic Signal Santa Ana, CA 11-04-97/$617,793.00 Griffith Company Dan McGrew MacArthur/Newport Beach 2020 Yale Street (714)549-2291 Traffic Signal & Street Lighting Santa Ana, CA Jobs Completed 1998 - 1999 DATE COMPLETED PROJECT AWARDING AGENCY AGENCY'S CONTACT & CONTRACT AMOUNT AND ADDRESS AND PHONE NO. 02-05-98/$130,129.00 Foothill Ranch Harry Nelson Portola Parkway 25200 La Paz Rd. (949)586-4400 Traffic Signal Laguna Hills, CA 02-11-98/$109,353.00 Baldwin Builders Jim Johnson Oak Canyon Dr/Serrano 2823 McGaw (714)660-1700 Traffic Signal Irvine, CA 03-20-98/$792,267.00 R. J. Noble Company Craig Roth Disneyland -West St. 15505 Lincoln Blvd (714)637-1550 Parking Lot Lights Orange, CA 05-19-98/$116,647.00 Hillcrest Contracting Jerry Blair Brookhurst/Warner 1467 Circle City Dr. (909)273-9600 Traffic Signal Modification Corona, CA 07-09-98/$335,709.00 K D C Chris Pesavento Walnut, City of Anaheim 4462 Corporate Cntr Dr. (714)828-7000 Traffic Signal/Street Lighting Los Alamiots, CA 07-10-98/$105,939.00 Hillcrest Contracting Jerry Blair Walnut/Harvard 1467 Circle City Dr (909)273-9600 Traffic Signal Corona, CA 11-30-98/$330,019.00 All American Asphalt Craig Steit Chapman, City Drive P. O. Box 2229 (909)736-7600 Traffic Signal Modification Corona, CA 04-39-99/$88,591.00 Hillcrest Contracting Jerry Blair Wilmington, Carson 1467 Circle City Dr. (909)273-9600 Traffic Signal Corona, CA 06-20-99/$65,881.00 R. J. Noble Company Chris Paige Disney Grand Hotel Trailers 15505 Lincoln Blvd. (714)637-1550 Electrical Conduit/Wiring Orange, CA 10-11-99/$234,019.00 Griffith Company Dan McGrew Market Place/Irvine Blvd 2020 Yale St. (714)549-2291 Traffic Signals Santa Ana, CA 11-03-99/$98,754.00 City of Santa Ana Al Mesh Bristol/Santa Ana 20 Civic Cntr. Plaza (714)647-5609 Traffic Signal Santa Ana, Ca 11-15-99/$130,315.00 H. D. Construction Jessie Dreyden Home Depot, Whittier 17842 Mitchell North (949)476-7301 Traffic Signal Irvine, Ca 12-06-99/$82,777.93 R. J. Noble Company Chris Paige MacArthur, Santa Ana 15505 Lincoln Blvd. (714)637-1550 Traffic Signal Modification Orange, CA A Jobs Completed 2000 - 2001 DATE COMPLETED PROJECT AWARDING AGENCY AGENCY'S CONTACT & CONTRACT AMOUNT AND ADDRESS AND PHONE NO. 01-02-00/$92,798.00 All American Asphalt Craig Streit Crown Valley Pkwy P. O. Box 2229 (909)736-7600 Traffic Signal Temp. Corona, CA 02-07-00/$154,148.00 Telegra Assoc., LLC Glen Land Ave Pico/Ave Vista 951 Calle Neggocio (949)498-1366 Traffic Signal San Clemente, CA 02-28-00/$121,190.00 Shea Homes Bill Bert Beach Blvd, La Mirada 603 So. Valencia Ave (714)985-1300 Traffic Signal Brea, CA 03-30-00/$394,094.00 Brutoco Engineering Don Lewis Arches, PCH P. O. Box 429 (909)350-3535 Traffic Signal Fontana, CA 03-31-00/$75,689.00 Excel Paving Dave Cook Bank of America, Brea 2230 Lemon Ave (562)599-5841 Parking Lot Lights Long Beach, CA 04-30-00/1,158,287 Griffith Company Dan McGrew Culver Drive/Portola Parkway 2020 Yale St. (714)549-2291 Traffic Signals and Interconnect Santa Ana, CA 10-30-00/502,531 Excel Paving Dave Cook Traffic Signals and Lighting 2230 Lemon Ave (562)599-5841 Clementine/Disney Way, Anaheim Long Beach, CA