Loading...
HomeMy WebLinkAboutSignal Maintenance Inc CC-880 — Construction of a new traffic signal at the Intersection of Yorktown Ave & Delaware Street — 4/18/94 (Notice of Completion 1/3/95) - 1994-04-18 _ �y H 4' CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HVNMNGTON BEACH TO: THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETENTION PAYM NT CC '� � �2. DATE: The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended.so long as no stop notices or outstanding invoices are on file with the City. DAN T. VILLELLA, Director of Finance certify that no stop notices are on file on t subject at this time. Date: LES O S, Public Works Dir for certify that no stop notices are on file on the subject. contract and that a guaranty bond has been filed. Date: 13— &��_ __� — CONNIE BROCKWAY, Ci lerk certify that there are no outstanding invoices on file. Date: DON WATSON, City Treasurer 0011042.01 01/14/95 12:57 PM I have received Maintpnannp Bond for Traffic signal at intersection of vnrktown n s n ,war St; 6C-880 on behalf of the Treasurer's Office. Dated By: Signal Maintenance Inc. Construction Department 2283 Via Burton St. Anaheim, CA 92806 P . Apr-06-95 01 : 35P SIGNAL MAINTENANCE 714 5633178 f�002/0302 b4/06i85 15-08 V713 �6013 JIST - Continental {nsuranCe• MAINTENANCE BOND BOND NO. BNS1433379 KNOW ALL MEN BY THESE PRESENTS. That we Signal Maintenance, Inc- as Principal, and Firemen' s Insurance Company of Newark. NJ , a Surety corporation organized under the laws of the State of New Jersey duly authorized to do business in the,State of Calif orma as Surety, are held and firmly bound unto the City of Runtington B�ac . California as bai�st.�n no1���1 sum of Sevent -five Thousand, One 9undred and Sixty Four d�l 35 , 16L AD______ DOLLARS. to which payment well and truly to be made. we do bind tourselves. our and each of our heirs. executors. administrators. successors and assigns. jointly and severally. firmly by these presents. SEALED with our seals and dated the 6th day of April. , Ig 95, WHEREAS. the above bounden Signal Hai ntena r%ce, Inc. did on the 8th day of June . 19 94 enter into a contract with the City of Huntington Beach, California for Traffic Signal Installation at Yorktown Avenue and Delaware Street. Contract No . 880 and has completed said contract. WHEREAS. the Obligee has accepted or is about to accept the completed contract condi- . boned upon the Principal filing a maintenance bond. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH. that if the Prir.- cipai shall remedy any defect in material or workmanship furnished under said contract for a pe- riod of One Year from date of acceptance by the Obligee, this bond shall be null and void, other- wise, the same shall rcmain in full force and effect. Signed, Sealed and Delivered in the presence of: Signal Mainte cat Inc. APPROVED AS TO F OR.i: CAILIiU`1'TOid„ City Attorney firemen' s Insurance rotnpany of Ne*3ark: By:: Deputy City Attorney Surety By:` � Wlliam R. Purifo Attorney ` f l ill�> Attorney-in-fact . . r6mcd BOND 401 Apr-06-95 01 : 36P SIGNAL MAINTENANCE 714 b53317E3 r- U3 04/06/95 15:09 1&713 531 6013 JIST WU03io03 Firemen's insurance Company of Newark, New jersey GENERA! POWER OF ATTORNEY Know all men by these Presents,That the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW)ERSEY has made,constituted and appointed,and by these presents does make,constitute and appoint Wiltiatn R. Purifoy of Jiouston, Texas its true and lawful attorney,for it and in its name,place,and stead to execute on behalf of the said Company,as surety,bonds,undertakings and contracts of suretyship to be given to Alt obtfaaes provided that no bond or undertaking or Contract of suretyship executed under this authority shall exceed in amount the sum of Five Mttlion (5,000,000) Dollars: This Power of Attorney is granted and is signed and sealed by facsimile underand by the authority of the following Resolution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY at a meeting duly called and held on the l3th day of January,1989. "RESOIVEO.that the Chairman of"Rowd,the Ytce Chairman oft)-.*hoard.tM Presdent,a n E sscwive vh PrCrOdtnt*,A SeniOr v"Pres:d.or a vice PC"-dent of the Co—p".be,and shot each or arty or V,un hereby is,a.thorited to exe wit Power of Anomey qualifying the a notney ftsmed in the given Power of Astor ney to execute in behalf of the ft"EN'S INSURANCE COMPANY OF NEWitAlc•NEW IERSEY,bonds,underUkinp and aH contracts of suresysht0:and that an Assistant bite President.a secretary or an Assi:Wni Seasaty be.and that each or any of than hereby is,authorised to attest the torecwron of any suet'+Power of Attorney,and to attach thereto►he seal of the Company. "FURTHER RESOLVED.that the signatures orswo o4%cc S and the sell of the Company may be aloud so any such row"of Attorney or to any cenificate relating thereto by tacsionite,end arty such Polder of Attorney orceniftrate bearing such Facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the Uwe wills respect to arry bonct undenaking or contract of suretyship to which it n anached" . In witness Whereof,the FIREMI!N•S INSURANCE COMPANY OF NEWARK,NEW JERSEY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Secretaries this 21 day of July ,19 9� FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY Attest: By t�=4 I; fi J.N Tanner.V40 Presdens sTn�'��� manhew Klimcrak vice President STATE OF CONNECTICUT u: COUNTY OF HARTFORD On this 21 day of rut y 19 94 before me personally came Matthew Klimczak,to me known,who being by me duty sworn,did depose and say that he is a Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW 1 E RSEY,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation:that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of OirecZoes of said corporation and that he signed his name thereto by like order. S. o� s�1 � e MOTAfiY•f i PUBLIC1-4e-eGLOCA p.SEEKINS NOTARyPUBU�myry 31, 1999 CERTIFICATE MrComTaw�E><odes I, the undersigned, an Assistant Secretary of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey corporation.DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked.and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney, is now in force. Signed and sealed at the town of Farmington,the State of Connecticul.Dated the 6 th day of Ap r i 1 19 95. �e W W.Cowling,Assistant Sec+etary .sVRETV 5031 111-93) •��%T� Prinst•t1 in U.S.r\ RECORDING RcOUESTED BY AND MAIL TO WHEN RECORDED MAIL TO: � €§e E � . cam `a 'cue CITY OF HUNTINGTON BEACH �e�6�, J Ll Office of the City Clerk ^ G'- r t—A. -. ice.€ § V P. O.Box 190 Huntington Beach, CA 92648 - -Fzria Re-;• v I# i ariaC `uliI.I11C L y, C a i i S>_sl NOTICE OF COMPLETION Fees!`2 Ta.<:. v<Ci NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach, CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to SIGNAL MAINTENANCE INC.who was the company thereon for doing the following work to-wit: r7� TRAFFIC SIGNAL AT INTERSECTION OF YORKTOWN AVENUE AND DELAWARE — STREET; CC-880 INTEREST: Easement That said work was completed January 3,1995 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on Tuesday,January 3,1995. That upon said contract Firemen's Insurance Company of Newark,NJ 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 13th day of January, 1995. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California,this 13th day of January, 1995.. l�J City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California g:cc\nscplgs 51` G cO • 55 J�SIGNAL MAINTENANCE INC. A Peek company. Signal Maintenance Inc. Construction Department 2283 Via Burton St. Anaheim, California 92806 Telephone: (714)563-4000 Facsimile: (714)563-3178 January 25, 1995 Ms. Connie Brockway, CIVIC City Clerk CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 x X� C 2 x RE: Traffic Signal Installation Yorktown & Delaware Street ,T Cash Contract Number 880 m SCC Job Number 10-271 Dear Ms. Brockway: Per your correspondence of June 8, 1994, enclosed please find the Declaration of Satisfaction of Claims and the Certificate of Compliance form for the above referenced work. This project is complete and the retention billing will be sent to the City at the end of this month. Sho!,I!d ;you have any questions or require additional information, please feel free to contact either Martin Eichmann or myself at (714) 563-4000. Sincerely, SIGNAL MAINTENANCE INC. Margarita C. Ottosson Construction Department /m co Enclosure • SIGNAL MAINTENANCE INC. A Peek company. Signal Maintenance Inc. Construction Department 2283 Via Burton St. Anaheim, California 92806 Telephone: (714)563-4000 Fa, mile: (714)563-3178 January 25, 1995 Department of Public Works CITY OF HUNTINGTON BEACH P.O. Box 190 Huntington Beach, CA 92648 RE: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on Traffic Signal Installation at Yorktown & Delaware Street, Cash Contract Number 880, 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 laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Sincerely, SIGNAL MAINTENANCE INC. Construction Department Martin Eichmann Construction Manager ME:mco SIGNAL MAINTENANCE INC. A Peek company. Signal Maintenance Inc. Construction Department 2283 Via Burton St. Anaheim, California 92806 Telephone: (714)563-4000 mile: (714)563-3178 January 25, 1995 CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 RE: Declaration of Satisfaction of Claims Cash Contract Number 880 SCC Job Number 10-271 I, Martin Eichmann Construction Manager, on behalf of PEEK Traffic / Signal Maintenance, state: 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled, Traffic Signal Installation at Yorktown & Delaware Street Cash Contract Number 880, and dated June 8, 1994. 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above-mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: NONE I declare under penalty of perjury that the foregoing is true and correct. Executed at Anaheim, Orange County, California on this 25th day of January, 1995. Martin Eichmann, Construction Manager M E:mco RECORDING REQUESTED BY AND MAIL TO THE DR16INAL OF THIS DOCUMENT WHEN RECORDED MAIL TO: �13-.JAB-1- _j AN '-ff 1. AS ;EC ORD E D ON �j h _1^�C CITY OF HUNTINGTON BEACH UMBrrK MC rA--I-'7. - DOCUMENT N 7r� Office of the City Clerk ilutjull ".1j. G "I L. GRANVILILE� L ERK-1111NURIDLER P.O.Box 190 r.... r, F. LP Huntington Beach, CA 92648 CONT:O'RME:D COPY"— -, NTY CLERK-R-1, GREW'S OFFT-H Not CDmpared with Origin NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach,owner in fee,2000 Main Street, Huntington Beach, CA 92648,that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to SIGNAL MAINTENANCE INC.who was the company thereon for doing the following work to-wit: TRAFFIC SIGNAL AT INTERSECTION OF YORKTOWN AVENUE AND DELAWARE STREET; CC-880 INTEREST: Easement That said work was completed January 3,1995 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at an adjourned regular meeting thereof held on Tuesday,January 3,1995. That upon said contract Firemen's Insurance Company of Newark,NJ 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 13th day of January, 1995. 4w,� _Z�_ City Clerk and eAoffikciofClerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA County of Orange ss: City of Huntington Beach 1, CONNEF_BROCKWAY,the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury,that the foregoing NOTICE OF COMPLETION is true and correct,and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California,this 13th day of January, 1995.. r City Clerk and ex-officio Clerk C.n) C) of the City Council of the City of Huntington Beach, California M cli T g:CCV1WP1gS ;Xi Request for City Council Action Date: January 3, 1995 Submitted to : Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator %� Prepared by: Barbara A. Kaiser, Deputy City Administrator (0-Ray Silver, Assistant City Administrator/Acting Director of Public Worlcsffl-PP Subject: CONSTRUCTION OF A NEW TRAFFIC SIGNAL AT THE INTERSECTION OF YORKTOWN AVENUE AND DELAWARE STREET; CC-880. NOTICE OF COMPLETION APPROVED BY CITY COUNCIL Consistent with Council Policy? [X] Yes [ ] New Policy or Exception 19 Statement of Issue,Recommendation,Analysis,Funding Source,Alternative Actions, a s: Aff OP crry CL K STATEMENT OF ISSUE: Signal Maintenance, Inc. has completed the Traffic Signal Installation project; Cash Contract No. 880. RECOMMENDED ACTION: 1. Accept the improvements of Cash Contract No. 880, Construction of a Traffic Signal at the Intersection of Yorktown Avenue and Delaware Street, and authorize the City Clerk to file the Notice of Completion. 2. Approve the total project cost of$105,496. ANALYSIS: On April 18, 1994, the City Council awarded a contract to Signal Maintenance, Inc., for the Construction of a Traffic Signal at the Intersection of Yorktown Avenue and Delaware Street, Cash Contract No. 880. Signal Maintenance, Inc. has since completed the project and has fulfilled its obligation to the City per said contract. The following is a summary of contract costs: Council Approved Actual Expenditures Contract Amount: $75,165 $75,165 Construction Change Orders: 3,000 112 Supplemental Expenses: 41,835 30,219 Total: $120,000 $105,496 As the Cost Summary indicates, a savings of$14,504 occurred as a result of the actual expenditures being nearly 12% less than estimated. ENVIRONMENTAL STATUS: N/A FUNDING SOURCE: Sufficient Community Development Block Grant funds were budgeted and available in account E-HM- ED-877-5-93-00 for this project. ALTERNATIVE ACTIONS: N/A ATTACHMENTS: None MTU/RS/JDO/TAE/ta 880nc.doc 0 • ;, CITY OF HUNTINGTON BEACH rg" 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 8, 1994 Signal Maintenance Inc. 2283 Via Burton Street Anaheim, CA 92806 Enclosed is a copy of the executed contract with the City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty,then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds,please call the Public Works Department, 536-5441. Sincerely, Connie Brockway, CMC City Clerk CB:cc Enclosure: Cash Contract Declaration of Satisfaction Certificate of Compliance Copies/bonds, insurance &c6cashcon (Telephone:714-536.5227) Request for City Council Action ,,_���� Submitted to : Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Louis F. Sandoval, Director of Public Works Barbara Kaiser, Deputy City Administrator '(, Subject: AWARD OF CONTRACT FOR THE CONSTRUCTION OF A NEW TRAFFIC SIGNAL AT THE INTERSECTION OF YORKTOWN AVENUE AND DELAWARE STREET; CC-880 APPROVED BY CITY COUNCIL — 19 Consistent with Council Policy? [X ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alt K STATEMENT OF ISSUE: The City Clerk opened bids the Construction of a New Traffic Signal at the Intersection of Yorktown Avenue and Delaware Street, CC-880, on February 7, 1994 and now the project stands ready for award. RECOMMENDED ACTION: 1. Approve the low bid submitted by Signal Maintenance, Inc., of Anaheim; 2. Authorize the execution of the construction contract in the amount of $75,165 and; 3. Authorize the Director of Public Works to expend $120,000 to cover contract costs of $75,165, estimated construction change orders of $3,000, and anticipated supplemental expenses of $41,835 for the Construction of a New Traffic Signal at Yorktown Avenue and Delaware Street; CC-880. ANALYSIS: On February 7, 1994, the City Council approved plans and specifications and authorized the Director of Public Works to solicit bids for the Construction of a New Traffic Signal at Yorktown Avenue and Delaware Street; CC-880. On March 24, 1994, bidding came to a close and all bids received by the City Clerk's office were publicly opened and read aloud in the City Council Chambers. ,i tld HEiNnH 03 03AI333N The federal requirement for advertising has been met by advertising this project three times in three local daily publications. The contractor has bid this project according to the requirements of the Davis-Bacon Act (prevailing wages). Summarized below, by order of least dollar amount, are the bids submitted to the City of Huntington Beach: 1. Signal Maintenance, Incorporated ...........................................................$75,165 2. Baxter-Griffin ............................................................................................$80,330 3. L & R Electric ...........................................................................................$83,875 4. DBX, Incorporated ...................................................................................$90,316 5. Steiny and Company ..............................................................................$107,244 City engineering staff estimated the total project expenditure at $120,000. Contract Amount (Lowest Responsive Bidder) $75,165 Anticipated Construction Change Orders $3,000 *Supplemental Expenses $41,835 TOTAL $120,000 * Supplemental expenses include city-furnished traffic signal poles, traffic signal controller and cabinet, and electrical service pedestal. City-furnished equipment has been ordered and will be shipped to the Don Kiser Corporation Yard. ENVIRONMENTAL STATUS: As previously stated in the February 7, 1994 Request for Council Action, the City's Planning Department has reviewed this project and has determined it to be Categorically Exempt per Section 15303 Class 3. FUNDING SOURCE: Budgeted Community Development Block Grant funds in account E-HM-ED-828-6-39-00. ALTERNATIVE ACTIONS: 1. Deny award of the contract to Signal Maintenance, Incorporated and select one of the other responsive bidders. 2. Reject all bids and direct staff on how to pursue the project. ATTACHMENTS: None /) MTU/LFS/JDO/TAE/tae 'D I I have received the Faithful Performance' Bond and the Labor and Materials bond for CC-880 Award of contract for construction of new traffic signal at intersection of Yorktown Avenue and Delaware Street on behalf of the Treasurer's Office. Dated B y: Signal Maintenance Inc. 2283 Via Burton Street Anaheim, CA 92806 You can release Bid Bonds. PAYMENT BOND CALIFORNIA PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS: That Signal Maintenance , Inc . as Principal, and Firemen ' s Insurance Company of Newark as Surety,are held and firmly bound unto any and all persons named in California Civil Code Section 3181 whose claim has not been paid by the Principal in the sum of seventy—Five Thousand , 0 n e Hundred & Sixty-four DoP,arrrs($0 0 $7 5 . 16 4 . 0 0--),lawful money of the United States,to the payment of which sum, wall and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,The Principal has entered into a written contract dated May 3 , 19 9 4 with City of Huntington Beach , California for Traffic Signal Installation at Yorktown Avenue and Delaware Street . Contract N0 . 880 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal, contractor, person, company or corporation, or his or its sub-contractor, fails to pay any claimant named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code, with respect to work or labor performed by any such claimant,that the Surety on this bond will pay the same, in an amount not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit. This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assignees in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil code,Sections 3247-3252 inclusive, and all amendments thereto. Signed, sealed and dated May 2 , 1994 Signal Maintenance, Inc . (Principal) (Seal) (Witness) A_� � i� APPROVED AS TO FORMt; BY. William C. Sondergard sident GATT, HUTTON Firemens ' Insura PeCom any of Newark, NJ CITY Ay'k�NE (Surety) (Title) Bond No. B N S 14 3 3 3 7DJ: Atto Deputy City Premium included in performance bond I BY: (Attorney) William R. Puri o Attorney-in-fact Firemen's InsAnce Company of Newaie, New jersey GENERAL POWER OF ATTORNEY Know all mere by these Presents,That the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY has made,constituted and appointed,and by these presents does make,constitute and appoint William R. Purifoy of Houston, Texas its true and lawful attorney,for it and in its name,place,and stead to execute on behalf of the said Company,as surety,bonds,undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Two Million (2,000,000) Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY at a meeting duly called and held on the 13th day of January, 1989: "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President or a Senior Vice President or a Vice President of the Company,be,and that each orany of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Powerof Attorney to execute in behalf of the FIREMEN'5 INSURANCE COMPANY OF NEWARK,NEW JERSEY,bonds,undertakings and all contracts of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and that each or any of them hereby is,authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. "FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached." In Witness Whereof,the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Secretaries this gay of September '19 93 FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY Attest: By ).H.Tanner,Vice President ' ' '' Matthew Klimczak,Vice President STATE OF CONNECTICUT COUNTY OF HARTFORD On this 8day of September 19 93before me personally came Matthew Klimczak,to me known,who being by me duly sworn,did depose and say that he is a Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. �i .. NOTARY..,.s� „tht '� GLORIA D.SEEKINS NOTARY PUBLIC CERTIFICATE My Commission Expires January 31, 1998 I, the undersigned, an Assistant Secretary of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney, is now in force. Signed and sealed at the town of Farmington, the State of Connecticut. Dated the PUP day of /MY 1994 . W.W.Cowling Assistant Secretary V SURETY 5031 (11-92) Printed in U.S.A. PERFORMANCE BOND 4 i CALIFORNIA PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS: That Signal Maintenance Inc as Principal, and Firemen' s Insurance Company of Newark as Surety, are held and firmly bound unto City of Huntington Beach , California as Obligee, in the full andjust sum of I Seventy— Five Thousand, One Hundred and Sixty Four &. no/ 100-Milars ($ 759164 .00------ 1,lawful money of the United States,to the payment of which sum, well and truly to be made,the Principal and Surety bind themselves,their and each of their heirs, executors, administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,The Principal has entered into a written contract dated with the Obligee for T r a f f i c Signal Installation at Yorktown Avenue and Delaware Street . Contact No . 880 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF.THIS OBLIGATION IS SUCH,that if the said Principal shall well and truly do the said work, and fulfill each and every of the covenants, conditions and requirements of the said contract in accordance with the plans and specifications, then the above obligation to be void, otherwise to remain in full force and virtue. No right of action all accrue under this bond to or for the use of any person other than the Obligee named herein. Signed, sealed and dated May 2 , 1994 Signal Maintenance , Inc . (Principal) (Seal) (Witness) BY: ��TO g�ndeQ William C. Sondergar PFAF6�dent vk7,110 Firemens ' Insurance Company of Newark, NJ (Surety) Bond No. BNS 1433379 r�g�� nT Premium $ 7 0 7 . 00 1 BY: (Attor ) William R. Pu foy Attorney-in-f ct WARRANTY PERIOD 1 YEAR FROM DATE OF JOB ACCEPTANCE. Firemen's Instence Company of Newale New Jersey . a ` GENERAL POWER OF ATTORNEY Know all men by these Presents,That the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY has made,constituted and appointed,and by these presents does make,constitute and appoint William R. Purifoy of Houston, Texas its true and lawful attorney,for it and in its name,place,and stead to execute on behalf of the said Company,as surety,bonds,undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Two Million (2,000,000) Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY at a meeting duly called and held on the 13th day of January, 1989: "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President or a Senior Vice President or a Vice President of the Company,be,and that each orany of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY,bonds;undertakings and all contracts of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and that each or any of them hereby is,authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. "FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached." In Witness Whereof,the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Secretaries this gay of September 119 93 FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY Attest: By J.H.Tanner,Vice President " ' ''� Matthew Klimczak,Vice President STATE OF CONNECTICUT 1 COUNTY OF HARTFORD On this 8day of September 19 93before me personally came Matthew Klimczak,tome known,who being by me duly sworn,did depose and say that he is a Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. .0... O: 3{ : V,`NOTARY% 4 � q4�,PlJBLIC : p +a` GLORIA D.SEEKINS NOTARY PUBLIC My Commission Expires CERTIFICATE January 31, 1998 I, the undersigned, an Assistant Secretary of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney, is now in force. Signed and sealed at the town of Farmington, the State of Connecticut. Dated the 62A20 day of ////t�¢y 19 ff i• W.W.Cowling Assistant Secretary ., SURETY 5031 (11-92) � •- '''�•'• �`' Printed in U.S.A. FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SIGNAL MAINTENANCE, INC., FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT YORKTOWN AND DELAWARE STREET TABLE OF CONTENTS Page No. 1. STATE OF WORK;ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 6 10. CALIFORNIA FAIR EMPLOYMENT 6 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 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 15 32 NON-ASSIGNABILITY 16 33. CITY EMPLOYEES AND OFFICIALS 16 34. STOP NOTICES 16 35. NOTICES 16 36. CAPTIONS 16 37. FEDERAL PARTICIPATION 17 38. DAVIS-BACON ACT 17 39. DISCRIMINATION 17 40. EQUAL EMPLOYMENT OPPORTUNITY 17 41. COPELAND ACT 18 42. CONTRACT WORK HOURS 18 43. CLEAN AIR ACT 19 44. ENERGY CONSERVATION 20 45. HOUSING AND URBAN DEVELOPMENT 20 46. LEGAL SERVICES SUBCONTRACTING PROHIBITED 20 47. ENTIRETY 21 FEDERALLY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SIGNAL MAINTENANCE, INC. FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT YORKTOWN AND DELAWARE STREET THIS AGREEMENT is made and entered into on this f3rh day of June , 1994, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and SIGNAL MAINTENANCE, INC., 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 the installation of a traffic signal at Yorktown Avenue and Delaware Street, 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, 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 1991 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the 2 6/TRAFSIG/04/01/94 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 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 Seventy Five Thousand One Hundred Sixty Four Dollars and eighty cents ($75,164.80) 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 3 6/TRAFSIG/04/01/94 to completion within sixty (60) calendar/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 6/TRAFSIG/04/01/94 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. 5 6/7RAFSIG/04/01/94 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 the 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, a penalty to CITY, forfeit twenty-five 6 6/TRAFSIG/04/01/94 • • 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. 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 employment of apprentices, 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 p. 7 6/TRAFSIG/04/01/94 • 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 Two Hundred Fifty Dollars ($250) per day for 8 6/TRAFSIG/04/01/94 each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an 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 9 6/TRAFSIG/04/01/94 extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No 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 10 6/TRAFSIG/04/01/94 either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the fact 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 11 6/7RAFsic/04/01/94 has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 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 p 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 12 6/TRAFSIG/04/01/94 undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 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 CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property 13 6/TRAFSIG/04/01/94 damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the CITY, and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in a amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits. CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 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 coverage as required herein; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall 14 6/TRAFSIG/04/01/94 pay, in a prompt and timely manner, the premiums on all insurance policies hereunder required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 30. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 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. 15 6/TRAFSIG/04/01/94 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. 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 of 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 material s 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, 16 6/TRAFSIG/04/01/94 modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 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, of 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 6/TRAFSIG/04/01/94 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 C 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 18 6/TRAFSIG/04/01/94 supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each 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 DPA List of Violating facilities. 19 6/TRAFSIG/04/01/94 (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. 20 6/TRAFSiG/04/01/94 47. ENTIRETY The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers, the day, month and year first above written. SIGNAL MAINTENANCE, 2 CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California g �C. Sondergard, sident - By. Mayor (��-t +s .s,-Seefet�afy-T-r�er James Thompson, Asst. Secretary ATT56T: APPROVED AS TO FORM: City Clerk 41 City Attor ey IEWED AN.D IN IT I P OVEf City Adrh nist for Director of Public Works 21 6/TRAFSIG/04/01/94 SECRETARY'S CERTIFICATE I hereby certify that the following is a true copy of a resolution duly adopted by the Board of Directors of Signal Maintenance, Inc. , a Corporation duly organized and existing under the laws of the State of Delaware, by unanimous written consent as of May 27, 1993, and duly entered in the book of minutes of the Corporation, and that said resolution is in conformity with the Articles of Incorporation and By-Laws of the Corporation and are now is full force and effect: "RESOLVED, that James R. Thompson is hereby authorized to execute contracts and agreements on behalf of this Corporation in the ordinary course of business as he in his discretion deems advisable and in the best interest of the Corporation." Date ` Chris Lewis Secretary Act4rumA CERTIFICVTE OF INSURANCE c`R cB ISSUE DATE(MM/DDNY) PEEK953 04/29/94 PRODUCER THIS CERTIFICATE IS ISSUED AS A i1IATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE Jardine Ins Services Texas Inc DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 550 Westlake Park Suite 400 POLICIES BELOW. Houston TX 77079 COMPANIES AFFORDING COVERAGE 713-531-7444 COMPANY A NATIONAL UNION FIRE INS I LETTER COMPAW B INS CO OF STATE OF PENN I INSURED LErrER COMPANY C LErrER ................- _......,.........._...................._..............__.............._.__.__..,_........_,............_........_...... ...._. Peek Corporation COMPANY D Signal Maintenance, Inc. LErER 2283 Via Burton St. Anaheim CA 92806 COMPANY E LFrTER COVERAGES 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.LIMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _. ...._ ..................... .. LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LDWM DATE(MM/DD/YY) DATE(MMfDD/YY) GENERAL LIABILITY GENERAL AGGREGATE S 2,000,000. A X COMM ERCIAL GENERAL LIAB ILITY GL 590-8235 03/12/94 03/12/95 PRODUCTSL'OMP/OPAGG. S 2,000,000. CLAIMSMADE X OCCUR. :PERSONAL A ADV.INJURY S 1,000,000. OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE S 1,000,000. FIREDAMAGE(Any—fm) S 100,000. `MED.EXPENSE(Any one Person) S 10,000. AUTOMOBILE LIABILITY COMBINED SINGLE $ 1 000 A X ANY AUTO CA 137-3316 03/12/94 03/12/95 LIMIT ,000 ALLOWNED AUTOS :._...__.. __......_..... . _....i......_..........._............. BODILY INJURY _ SCHEDULED AUTOS - (Per Perm* HIRED AUTOS : :......____........._._ ............_._ BODILY INJURY $ NON-OWNED AUTOS :(Per accident) GARAGE LIABILITY PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM B WORKER'S COMPENSATION WC877-2891 (CA) 03/12/94 03/12/95 '._X....;_.STATUTORYLBKJPS AND EACH ACCIDENT S 1,000,000. EMPLOYERS'LIABILITY DISEASE—POLICY LIMJP $ 1,000,000. DISEASE—EACH EMPLOYEE $ 1,000,000. OTHER � ., GAIL HUTTON CIT I NEY DESCRIPTION OF OPERATIONS/LOCATIONSNEMCLES/SPECIAL ITEMS Deputy City Attornet SEE ATTACHMENT CONTRACT NO . 880 REVISED CERTIFICATE AS TO CANCELLATION CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL MAIL30 DAYS WRRIITI-EENy NOTICE �TyOy THE yCEERyTIIFIyCAyTEE HOLDER yNAMED yTO THE LEFT.BTf I�AiLtT `£fTMAII 321�0iICH"AAY�1IvtPpS`S SiYE}�t)RY City Ma Huntington Beach 2000 Main Street Huntington Beach, CA 92648 AUTHORIZED R RE N�AT i ACORD 25-S(7/90) I � ACORD CORPORATION 1994I Attaching to and forming a part of Certificate of Insurance issued on 4-29-94 . The Certificate Holder is named Addiional Insured, but only as respects to the operations of the Named Insured as defined within the contract; except this insurance does not apply to liability resulting from the Additional Insured' s sole negligence. MATERIAL CHANGE ENDORSEMENT Should any of the described policies be materially change before the expiration date thereof, the issusing company will mail 30 days written noteice to the certificate holder - ENDORSEMENT ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: Commercial General Liability Policy No. GL5908235 Comprehensive Automobile Liab. Policy No. CA1373316 NOTE : (Additional Insured not applicable to Workers Compensation) WHO IS AN INSURED is amended to include as an insured the person or organization shown as the Certificate Holder, but only with respect to liability arising out of "your work" for that insured by or for you. Authorized Representa ive 1 �U r� • PPROVED BY CITY COUNCIL 7 REQUEST FOR CITY COUNCIL A c cL x Date: July 19, 1993 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administ Prepared by: Barbara A. Kaiser, Deputy City Administrator -f Louis F. Sandoval, Director of Public Works Subject: APPROVAL TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF NEW TRAFFIC SIGNAL AT THE INTERSECTION OF YORKTOWN AVENUE AND DELAWARE STREET: CC-880 Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue, Recommended Action, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: The plans and specifications for the construction of a new traffic signal at the intersection of Yorktown Avenue and Delaware Street are complete, and Council approval is required to advertise this project. RECOMMENDED ACTION: 1. That the City Council approve the plans and specifications for the installation of a traffic signal at Yorktown Avenue and Delaware Street (CC-880) and authorize the Director of Public Works to advertise this project. 2. Approve the attached sample contract subject to award of contract to Council approved lowest responsive bidder. ANALYSIS• The installation of a traffic signal on Yorktown Avenue at Delaware Street is warranted. A Public Hearing to appropriate Community Development Block Grant (CDBG) funds was held, and funding was approved at the June 14, 1993 City Council Meeting. • Page 2 New Traffic Signal Installation (CC-880) July 19, 1993 FUNDING SOURCE: Community Development Block Grant (CDBG) Funds, Account No. E-HM-ED-877-5-93-00. The engineer's estimate for this project is $102,500. ENVIRONMENTAL STATUS: This project is categorically exempt via the General Rule Exemption (CEQA Section 15061 (b)(3)). ALTERNATIVE ACTIONS: 1. Do not authorize the Department of Public Works to advertise for bids. 2. Do not approve the "sample contract" for this project. 3. Direct staff on alternative action. ATTACHMENTS: Project Location Map Special Provisions Sample Contract MTU/LFS/TAE:tae cc-880.rca REQUIRT FOR CITY COUNCILACTION ED 93-19 Date: June 7, 1993 Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrator�—U'11— Prepared by: Barbara A. Kaiser, Deputy City Administrator/Economic Develop ent Subject: PUBLIC HEARING TO APPROPRIATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR A TRAFFIC SIGNAL LOCATED AT YORKTOWN AVENUE AND DELAWARE STREET &/7/9.3 C oeV71r V,6b 0A5W Consistent with Council Policy? Dd Yes [ ] New Policy or Exception TD (Q/�5//G-4 Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: The City Council has directed substitution of Community Development Block Grant (CDBG) funds to install a new traffic signal located at the intersection of Yorktown Avenue and Delaware Street instead of Gas Tax funds. RECOI\INJENDED COUNCIL ACTION: 1. Conduct a Public Hearing, and 2. Approve Community Development Block Grant (CDBG) Funds to install a new traffic signal located at the intersection of Yorktown Avenue and Delaware Street in the amount of approximately $120,000. ANALYSIS: The intersection of Yorktown Avenue and Delaware Street is located inside the designated Florida- Utica Neighborhood Enhancement area (see map attached). Over the last two fiscal years the city has budgeted a total of$350,000 for curbs, gutters, sidewalks and other infrastructure improvements in this neighborhood. A new traffic signal has been recommended for the above mentioned location, and is at the top of the traffic signal installation priority list. Gas Tax funds were originally assumed to be the funding source for the cost of the new traffic signal, until Community Development Block Grant (CDBG) funds were considered. RCA ED 93-19 • • .tune 7, 1993 Page two The total amount of funds needed to install the traffic signal is approximately $120,000. Funds are not being requested for design of the signal because the design was done in house by the Traffic Engineering staff at no additional cost to the City. The installation of a traffic signal at Yorktown and Delaware is warranted, meaning that the signal must meet certain criteria to justify its importance and priority. The following are some of the factors that place the signal on the top of the traffic signal installation priority list. ♦ Number of warrants that the signal meets. ♦ Number of traffic accidents. ♦ Number of traffic volumes. ♦ Number of correctable traffic accidents, (the number of accidents that would be correctable if a traffic signal was installed). There were five (5) correctable accidents in a twelve (12) month period. A traffic signal is required to meet only one (1) of eleven (11) warrants for installation. The traffic signal located at Yorktown and Delaware meets seven (7) of the eleven (11) warrants. This traffic signal has the most number of warrants, most correctable accidents, and the highest accident to traffic volume ratio. In addition, the absence of a signal at the location of Yorktown and Delaware is currently the major traffic problem in the city. Measure M or Intersection Improvement funds have not been applied for to assist in the cost of the installation of the new traffic signal. FUNDING SOURCE Community Development Block Grant (CDBG) Funds ALTERNATIVE ACTION A poll was taken of the Citizens Advisory Board (CAB) for comment on allocating CDBG funds for the new traffic signal. The majority of the CAB has endorsed the recommendation to allocate CDBG funds, the CAB is concerned that even though this improvement is located in the Florida/Utica Enhancement Area, other funding sources should be used for this type of improvement. The CAB recommends the following alternative action: RCA ED 93-19 June 7, 1993 ]Page three 1. If the City applies for and receives additional funds from Measure M or Intersection Improvement, the amount of funds allocated from CDBG for the new traffic signal located at Yorktown and Delaware, will be reimbursed to the Community Development Block Grant (CDBG) account. Q 2. Do not approve Community Development Block Grant Funds (CDBG) for a new traffic signal located at Yorktown and Delaware, and use Gas Tax funds instead. ATTACHMENT: Enhancement Area Map MTU/BAK/LJM OJ Z 00 ai Z cn J o �c z a Z 0 0 o Q z o Z a Z g Q z z a = a 0 m 0 a < C) z w w � Lai Z J � 1-- co U) J a m ui i co ta- w ` 110NOM GNVIAA3N HOV39 N M �O a bH 00 1S3MN30100 z Nld dam, s 00 o Z a 31daONNdS w t R, U- VDIHO `dS108 0�y��' oQS a CZ � QP / O 4- O Q) / 3 M _ U � O O t0 O _O •— .� .2 E O O O O .J Q (n u- O F— W < T-' N M 4 ui CO I` 00 KSTMPat[R AV[ ♦'h R3A All RSA AK AM=AK 47ADMX AK MY-OKM AK r » N ) M CENTQ A UIMOA AK � � � a � 3 UkR AK � A A M[IL K M[0. AVE > i I VAI11Q V. V v S >LAT[R AK � T[!R AK TALKMT AK TALD[Mf AK a � 5 z 8 ~ C Ln AK Rlis AK h11D'16� AK �Pfrct Loco t%on VMTV^ AK Z I � AWC AK n > MDIrw0.R AK L egend ATLANTA AVE O Project Location MAI<1p1 AK WwIM6 AK DATE: CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Cash Contract TRAFFIC SIGNAL INSTALLATION 880 YORK TO WN/DEL A WARE CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND STREET LIGHTING IN THE CITE' OF HUNTINGTON BEACH April, 1993 Prepared Under the Supervision of: QROFESSIpN��t ++ o�ROFESSlAl G F 38580 31-97;' No. 1578 m Al Ff�� �"I �l/• ��= �S ,e�93 9jF OF CA��c�� James D. n, City Traffic Engineer, R E 38580, RTE 1578 Date Approved by: OQPOFESS/pN E lc q�F � m s 2c No. 20921 1" * Exp. -30- T�OF CAL�FO ¢ Z 3 93 Robert E. Eichblatt, City Engineer, R E 921 Date covcr.sht STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND STREET LIGHTING IN THE CITY OF HUNTINGTON BEACH April, 1993 Installation of new or modification of existing traffic signals, systems, street lighting, and Emergency Vehicle Pre-emption equipment shall conform to the provisions in Section 86, "Signals and Lighting" of the Standard Specifications, and the Standard Plans of the State of California, Department of Transportation dated July, 1992, applicable sections of the National Electrical Code, current City of Huntington Beach Standard Plans, the plans, and these special provisions. The City of Huntington Beach Traffic Engineer shall be the sole arbiter of the prevailing specification should a conflict arise between Section 86 of the Standard Specifications and the Standard Plans of the State of California, Department of Transportation, the National Electrical Code, current City of Huntington Beach Standard Plans, the plans, and these special provisions. Such other items or details not mentioned, that are required by the plans, Caltrans Standard Specifications, Caltrans Standard Plans, the National Electrical Code, current City of Huntington Beach Public Works Department Standard Plans, or these Special Provisions shall be performed, placed, constructed or installed to provide a totally functioning operation as intended. The contractor shall supply all materials and equipment necessary to perform the work as specified herein unless noted otherwise on the plans. The following items are modifications to specific portions of Section 86, "Signals and Lighting" of the July, 1992 Standard Specifications and Standard Plans of the Department of Transportation (Caltrans) of the State of California. 86-1.015 Definitions The following terms and definitions shall be added to §86-1.015: The city shall be defined as the City of Huntington Beach. The Engineer shall be defined as the City of Huntington Beach Traffic Engineer or his representative. The phrases "State owned", "State furnished", or "State supplied" (and similar terms) shall mean City of Huntington Beach owned, City of Huntington Beach furnished, or City of Huntington Beach supplied unless noted otherwise on the plans. spccisls.93 Page 2 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-1 03 Equipment List and Drawing The following shall be added to §86-1.03: One (1) complete set of project plans and these special provisions shall be kept on the job at all times, to be used as record drawings. Throughout the duration of the contract work, it shall be the responsibility of the. Contractor to maintain a currently updated record of all construction changes and variations from the contract drawings. Two (2) complete sets of "As-Built" prints shall be delivered to the Traffic Engineer, 2000 Main Street, Huntington Beach, CA 92648 upon completion of the work. The contractor shall keep at least one copy of.the current State of California Department of Transportation (Caltrans) Standard Plans and Standard Specifications on the job at all times. 86-1.04 Warranties Guarantees and Instruction Sheets §86-1.04 shall be amended to read: Materials lists, manufacturer's data, warranties, guarantees, brochures, technical data, operating manuals, etc., shall be labeled and identified, and shall be submitted in bound booklet form prior to acceptance of the project. 86-1 05 Maintaining Existing and Temporary Electrical Systems The first sentence.of the sixth paragraph shall be amended to read as follows: Where damage is caused by the Contractor's operations, the Contractor shall, at his expense, repair or replace damaged facilities within twenty four hours in accordance with these specifications. 86-1.06 Scheduling of Work The ninth paragraph shall be amended to read as follows: Functional tests shall start on any working day except Monday or Friday, or the day preceding or following a legal holiday. specials.93 Page 3 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-2.01 Excavating and Backfilling The following shall be added to §86-2.01: Backfilling in roadway areas shall be with one (1) sack P.C.C. slurry to bottom of roadway surfacing material unless otherwise directed by the Engineer or shown on the plans. All "Potholing" within roadway areas shall be backfilled with City-approved "one sack slurry" mix. Backfill in all trenches and pull box sumps not in roadway areas shall be compacted to 90% Relative Compaction unless directed otherwise by the Engineer. 86-2.02 Removing and Replacing Improvements The second paragraph shall be amended to read as follows: Whenever a part of a square or slab of existing concrete sidewalk, curb, gutter, or driveway is broken or damaged, the sidewalk, curb, gutter, or driveway shall be removed completely from score line to score line. Sidewalk shall be replaced from back of curb to back of walk, curb and gutter shall be replaced from edge of sidewalk to edge of asphalt, and driveways shall be replaced at the direction of the Engineer. Portland Cement Concrete (P.C.C.) shall conform to §303-5 of the latest Standard Specifications for Public Works Construction (commonly referred to as the "Green Book"). Improvements shall be installed per the latest City of Huntington Beach Public Works Department Standard Plans. 86-2.03 Foundations The following shall be added to §86-2.03: The contractor shall construct the controller cabinet foundation as shown on State Standard Plan ES-4B for Type P cabinets, including furnishing and installing anchor bolts (except that foundation shall extend 18" above grade and not 31h" as shown) and shall install the controller cabinet on said foundation. A ground electrode (for radio interference suppression purposes only) shall be installed towards the front of the cabinet foundation and in the general vicinity of the cabinet door hinge. This electrode shall not be connected to any electrical circuit grounding conductor. spccials.93 Page 4 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-2.05 Conduit M-2.05A Material The first paragraph shall be amended to read: All new buried conduit, except as noted on the plans, shall be Schedule 80 rigid non- metallic type conforming to UL Publication UL651 for rigid non-metallic conduit. Non- metallic bell end bushings, Carlon plus E997J or approved equal, are to be placed on the terminating ends of all conduits prior to installing the conductors. &86-2.05B Use The third paragraph, item number six, shall be amended to read: Not otherwise specified shall be 2-inch. 86-2.05C Installation The eleventh paragraph shall be amended to read: A No. 12 copper pull wire shall be installed in all conduits which are to receive future conductors. At least 2-feet of pull wire shall be doubled back into the conduit at each termination. The thirteenth paragraph shall be amended to read: Conduit shall be laid to a depth not less than 18 inches below or greater than 36 inches below grade in portland cement concrete sidewalk areas and curbed paved median areas, and not less than 30 inches below grade or greater than 48 inches below finished grade in all other areas, unless shown otherwise on the plans. The sixteenth paragraph shall be amended to read: The "Trenching in Pavement Method" is dis-allowed in the City of Huntington Beach unless previously authorized in writing by the Engineer for the individual installation location as shown on the plans. The following conduit installation methods shall be the approved installation methods unless noted,otherwise on the plan: Conduit shall be installed using drilling or jacking methods, except in the following situations: apec".93 Page 5 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 1. Conduit may be installed using mechanical trenching methods if the conduit is to be installed in a new street that has not been paved prior to conduit trenching. 2. Conduit may be installed via manual trenching methods in an existing paved street if: a. ' Jacking or drilling methods have been tried three times and subsurface conditions have prevented the successful installation of conduit. b. The inspector has determined that underground conditions or underground utilities make the use of jacking or drilling methods unsafe. If this condition is applied, manual trenching methods will be acceptable. No machine trenching method will be allowed. The seventeenth paragraph shall be amended to read: Rigid non-metallic type conduit and plastic coated rigid steel conduit shall not be used for drilling and jacking. Rigid non-metallic type of conduit and plastic coated rigid steel conduit may be installed under existing pavement if a hole larger that the conduit is pre- drilled and the conduit installed by hand. Rigid metal conduit, to be used as a drilling or jacking rod, shall be fitted with suitable drill bits for required hole size. The twentyseventh paragraph shall have these additional requirements: Conduit entering pull boxes shall terminate a minimum of 2" above the grouted bottom of the'pull box and not less than 8" from the top of pull box. The conduit shall be placed in a manner that facilitates pulling of conductors in a straight line and clearing box wall by 2" (angle of exit). spocisls.93 Page 6 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-2.06 Pull Boxes 86-2.06A Materials The first paragraph shall be amended to read: All new pull boxes shall be plastic lined PCC, except where noted otherwise on the plans. All new pull box extensions shall be PCC, except where noted otherwise on the plans. All new pull box lids shall be fiberglass, except where noted otherwise on the plans. Pull box lid bolt-down hardware shall not be required unless noted otherwise on the plans. All new pull boxes shall be No. 6 unless noted otherwise on the plans. New pull boxes and pull box lids shall be the following Christy Concrete Products, Inc. pull boxes, or approved equal: Pull Box Pull Box (Christy Pull Box Lid (Christy Size Concrete Products, Inc. Concrete Products, 'itlC. "! Catalog No.)_ Catalog No.) 3 1/2 N9 FL9T 5 N30 FL30T 6 N36 FL36T 86-2.06B Cover Marking State Standard Plan ES-8, "Pull Box Details", Note 4-a.5 and b.10, shall not apply to this project. 86-2.06C Installation and Use The second paragraph shall be amended to read: All new pull box installations shall be grouted. The pull boxes shall be bedded in crushed rock as shown on the plans and shall be grouted prior to the installation of conductors. The grout shall be between 0.5-inch and one inch thick and shall be sloped toward the drain hole. A layer of roofing paper shall be placed between the grout and the crushed rock sump. A one inch drain hole shall be provided in the center of the pull box through the grout and the roofing paper. spccie4.93 Page 7 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 The.third paragraph shall be amended to read: Where the sump of an existing pull box is disturbed by the contractor's operations, the sump shall be reconstructed and, if the sump was grouted, the old grout shall be removed and new grout placed. Where the sump of an existing non-grouted pull box is disturbed by the contractor's operations, the sump shall be reconstructed and new grout and roofing paper shall be placed as described above. The following shall be added to §86-2.06C: No new or existing pull box shall be located in or within 1' of any wheelchair ramp. 86-2.08 Conductors and Wirine The following shall be added to §86-2.08: Conductors, #10 AWG or smaller, shall be solid. Conductors, #8 AWG and larger, shall be stranded. Emergency vehicle pre-emption (EVP) cable shall be continuous, without splices, from optical detector to controller cabinet. 86-2.08A Conductor Identification The following shall be added to §86-2.08A: Insulation color for bicycle push button conductors shall be solid blue. 86-2.08E Signal_ Interconnect Cable The first sentence of the first paragraph shall be amended to read: Signal Interconnect Cable (SIC) shall consist of AWG No. 20 (minimum) stranded, tinned copper conductors with the number of pairs as specified on the plans (six pair minimum). The third paragraph shall be amended to read: SIC shall be continuous between traffic signal controller cabinets without breaks or splices. A minimum of six feet of slack shall be provided at each controller cabinet. specials.93 Page 8 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 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 Wiring 86-2 09C Connectors and Terminals The following shall be added to §86-2.09C: Compression-type terminals (spade or eyelet) shall not be permitted for termination on solid conductors. 86-2.09D Splicing §86-2.09D shall be amended to read: Unless shown otherwise on the plans or permitted by the Engineer, splices in traffic signal conductors shall not be made between terminal blocks. Splices in street lighting (multiple circuit) and intersection safety lighting conductors shall be made in the base of the standard or adjacent pull box. Splices in street lighting or intersection safety lighting conductors shall conform to §86- 2.09E and Standard Plan ES-13. Splices shall be insulated by Method B for Handcrafted Insulation. 86-2.10 Bonding and Grounding The second sentence of the seventh paragraph shall be amended to read: Ground electrodes shall be one piece, 10-foot length, 5/8-inch nominal diameter stainless steel and meet the requirements of the Code. specials,93 Page 9 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-2.11 Service The following shall be added to §86-2.11: Traffic signal service equipment enclosures shall be furnished with the following unless shown otherwise on the plans: 1. 50 amp breaker for traffic signals (120V metered). 2. 30 amp breakers for safety lighting (120V metered). 3. Safety lighting contactor and test switch. The eighth paragraph shall be amended to read: Service equipment enclosures shall be fabricated from aluminum and conform to the requirements of §86-3.07A, "Cabinet Construction." Service equipment enclosures shall be provided with a baked enamel finish coat, white in color and a method of securing the enclosure utilizing a padlock. With a City-furnished padlock in place, it shall not be possible to force entry into the enclosure by hand without the use of tools. Service enclosures shall conform to City of Huntington Beach Standard Plan No.s 402 A-D, unless shown otherwise on the plans. Standard traffic signal installations will utilize the service pedestal shown in City of Huntington Beach Standard Plans 402 A&B unless shown otherwise on the plans. The eleventh paragraph shall be amended to read: The Contractor shall be responsible for applying for and arranging with the serving utility to complete service connections for both temporary and permanent installations, and the Contractor shall pay all costs and fees required by the utility. The twelfth paragraph shall be amended to read: All costs of all electrical energy utilized until the successful completion of the functional testing period(s) for new street lighting and/or traffic signal systems shall be the contractor's responsibility. Upon the successful completion of the functional testing period(s) the subsequent costs of all electrical energy utilized to operate the newly installed system shall be the responsibility of the City. The fourteenth paragraph shall be deleted from this section. specisb.93 Page 10 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-2.14 Testing 86-2.14A Materials Testine The following shall be added to §86-2.14A: For city funded or administered projects, the city will be responsible for the costs of the initial soil and geotechnical material tests. The costs of all subsequent soil or geotechnical material tests deemed necessary due to the failure of the initial tests shall be the responsibility of the contractor. The contractor shall be responsible for the costs of all soil and geotechnical materials testing for privately funded projects, as required by the Engineer. The second sentence of the first paragraph shall be amended to read: The costs of all equipment and materials testing, except as noted otherwise in this section, shall be the contractor's responsibility. The fourth paragraph shall be amended to read: The contractor shall allow 30 days for material and equipment testing from the date the material or equipment is delivered to the test site. When the equipment or material being tested has been rejected for failure to comply with these specifications, the contractor shall allow 30 days for subsequent retesting. The retesting period shall begin when the corrected equipment or materials are made available at the test site. The sixth paragraph shall be amended to read: It is the contractor's responsibility to pick up and deliver all required materials and equipment to and from the point of purchase, the test site, and the work site. The city shall not be responsible for pick up or delivery of any materials or equipment unless noted otherwise on the plans or in these specifications. 86-2.14C Functional Testing The first sentence of the fifth paragraph shall be amended to read: The city shall be responsible for the costs of electrical energy for testing of modified, city-owned street lighting and traffic signal systems. speci&6.93 Page 11 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 The following shall be added to §86-2.14C: The Contractor shall, at his own expense, arrange to have a signal technician, qualified to work on the controller assembly and employed by the controller assembly manufacturer or his representative, present at the time the equipment is turned on. 86-3 Controller Assemblies 86-3.01 Controller Assembly The following shall be added to §86-3.01: Contractor shall furnish the following items as a complete package: 1. Caltrans Model 170E Micro Processor Intersection Controller Unit Assembly, supplied with a Serial Extender Board and two each 1200/2400 Baud Modems (GDI Model 404 or approved equal). The controller assembly shall be configured and jumpered to have all Random Access Memory (RAM) and Programmable Read Only Memory (PROMs) on the Central Processor Unit (CPU) circuit board (configuration No. 2 in the Caltrans Model 170E Operations Manual). The serial extender board shall access ACIA Port No. 4 (COM 4) and shall provide a db 9 (female) plug on the face plate of the serial extender board. The db 9 plug shall be configured for standard IEEE RS232C serial port operations. The removable circuit boards within the intersection controller unit assembly shall be installed individually in a vertical plane, parallel to one another. The Model 170E controller unit assembly, the serial extender board, and 1200/2400 baud modems shall comply with the latest Caltrans Model 170 controller specifications and addendums No. 5 & 6, and the Caltrans letter of understanding dated January 13, 1993. Only manufacturers listed on the current Caltrans Qualified Products List shall be allowed to provide the controller assembly, serial extender board, and modem modules. The preferred manufacturer shall be Peek Traffic/Signal Control Company. 2. BI Tran Systems, Inc. Model 170 Controller Traffic Signal Program 233 (latest edition), one copy per each Model 170E controller assembly supplied. 3. Antares, Inc. 170 To NEMA Adaptor, Model 1000000A (latest version), complete with NEMA D Panel connector, one each per Model 170E controller assembly supplied. sp«inb.93 Page 12 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-3.05 Controller Assembly Testing The second sentence of the second paragraph shall be amended to read: A Certificate of Compliance with the approved procedure and a test report signed by a responsible managing employee shall accompany each controller assembly submitted to city for acceptance prior to installation and functional testing in its final location. 86-3.07 Controller Cabinets The following shall be added to §86-3.07: Contractor shall furnish a Type P cabinet with thirty-two (32) vehicle detector connecting cables, conflict monitor and all appurtenant equipment (including load switches and 24 detector amplifiers) necessary to operate eight traffic phases. 86-3.07A Cabinet Construction The following shall be added to §86-3.07A: Cabinet shall be aluminum and painted white. A steel load switch bay shall be provided. 86-3.07B Cabinet Ventilation The first paragraph of §86-3.07B shall be amended to read: Rain tight, screened vent holes shall not be provided. Louvered vents with a permanent metal mesh and 14-inch by 10-inch by 1-inch 4-ply woven polypropylene air filter held firmly in place, which is to permit the fan to pass the volume of air specified, shall be provided in the cabinet door. Air filter support brackets shall have drain holes and the drain holes shall not drain to the outside of the cabinet. spec".93 Page 13 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-3.07C Cabinet Wiring The following shall be added to §86-3.07C: Flasher units shall be wired to flash phases 1, 2, 3 and 4 simultaneously and phases 5, 6, 7, and 8 simultaneously. Phases 1, 2, 3, and 4 shall not flash concurrently with phases 5, 6, 7, and 8. Cabinet shall include a NEMA "D" connector. 86-3.07D Cabinet Accessories The following shall be added to §86-3.07D: Labels on detectors and detector cables shall correlate controller phase designations with phase designations shown on the plans. Cabinet shall be furnished with a Detector Systems, Inc. Model DS-217 two position EVP equipment mounting rack, provided in the "flanges in" configuration. 86-3.08 Auxiliary Fes. uipment 86-3.08B(l) Emergency Vehicle Pre-emption Equipment The following shall be added to §86-3.08B(1): The Contractor shall furnish and install optical detectors and detector cable, and shall make all wiring connections and aim detectors as specified by the manufacturer. Optical detectors shall be 3M Model No. 511, 521, or 522. Discriminator modules shall be 3M Model No. 262. Optical detector signal cable shall be 3M Model No. M-138, or approved equal. 86-3.08C Monitoring Device The following shall be added to §86-3.08C: Conflict monitor shall be Eberle Designs, Inc. Model SSM-12LEPR. specisL.93 Page 14 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-3.08K Convenience Receptacle The following shall be added to §86-3.08K: The convenience receptacle shall have ground-fault circuit interruption as defined by the National Electrical Code. Circuit interruption shall occur on 6 milliamperes of ground- fault current and shall not occur on less than 4 milliamperes of ground-fault current. 86-3.08L Flasher The third paragraph shall be amended to read: Flasher shall provide 2 output circuits to permit alternate flashing of signal faces and shall be capable of carrying a minimum of 20 amperes per circuit at 120 volts. 86-4 Vehicle Signal Faces and Signal Heads 86-4.01 Vehicle S final Faces The following shall be added to §86-4.01: Signal section housings, backplates, and visors shall be plastic type, unless noted otherwise on the plans. All exposed and interior fasteners shall have an anti-seize compound (No-Lox or approved equal) applied before installation. 86-4.01 A Optical Units The following shall be added to the first paragraph: Contractor shall supply and install all required light bulbs. Vehicle indication light bulbs shall be Duro Test or approved equal. 86-4.01B Signal Sections The following shall be added to §86-4.01B: All indications shall be 12 inch. spccials.93 Page 15 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-4.05 Pedestrian Signals The following shall be added to §86-4.05: Pedestrian signals shall be Indicator Controls Corp. Model 4094B or approved equal, with clamshell mounting and Z-crate type screen. All pedestrian signal housings shall be aluminum. All pedestrian signal screens shall be plastic. All exposed and interior fasteners shall have an anti-seize compound (No-Lox or approved equal) applied before installation. 86-4.06 Signal Mounting Assemblies The following shall be added to §86-4.06: All exposed and interior fasteners shall have an anti-seize compound (No-Lox or approved equal) applied before installation. The fourth sentence of the first paragraph is amended to read: Post top slip-fitters, mast arm slip fitters, and terminal compartments shall be cast bronze. 86-5 Detectors 86- OlA(3) Sensor Unit Construction The following shall be added to §86-5.01(A): All loop detector amplifiers shall be single channel. Amplifiers shall be Detector Systems, Inc., Model number 913B, unless shown otherwise on the plans. gmc".93 Page 16 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-5.OlA(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-5B, Type E, except that the loops shall be 6-foot diameter (not 6-inch diameter as shown) and shall be spaced 10-feet apart in the direction of travel (not 10-inches as shown). Loop detector sealant shall be "Hot-Melt Rubberized Asphalt Sealant". Loop detectors shall be installed (including sealant) on the same day in which the loop detector slots are cut. Curb terminations shall be as shown on Standard Plan ES-5E, 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 dis-allowed. speciak-93 Page 17 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-5.02 Pedestrian Push Buttons The following shall be added to §86-5.02: Pedestrian push buttons shall be Standard Plan ES-5C, Type B. Push button assemblies shall be McCain Signal Products Catalog No. MPB.02 with polycarbonate push button cover or approved equal. 86-6.01 Luminaires Intersection safety lighting luminaires shall comply with §86-9 of these special provisions. The luminaires shall be the type specified for arterial streets. The output wattage of the intersection safety lighting luminaires shall be as shown on the plans. 86-6.065 Internally Illuminated Street Name Signs §86-6.065 shall be deleted and replaced with the following: A solid box superimposed upon the traffic signal mast arm symbol on the plans shall indicate that a complete Non-Illuminated Mast Arm Street Name Sign assembly shall be installed on that mastarm. The sign mounting hardware and location details shall be as shown in the City of Huntington Beach Standard Plan No.s 403 & 404 A&B. The following specifications define requirements for Non-Illuminated Mast Arm Street Name Signs: Sign Message: Street Name Suffixes shall not be used. Letter size, style, spacing, arrows, logos and borders shall generally conform to the current State of California Department of Transportation (Caltrans) Traffic Manual, Table 4-4 and Table 4-7, and Sign Specifications for Type G7 Advance Street Name Signs. Non-Illuminated Mast Arm Street Name Signs shall be double sided unless noted otherwise on the plans. spec".93 Page 18 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 Sign Materials: The sign panel shall be 0.080-inch thick new sheet aluminum alloy 3003-H14 or 5052-H32. The sign panel shall have shear-trimmed or roll-slit edges with workman-like quality. The corners of the sign panel shall be 3-inch radius. Four 0.375-inch diameter sign attachment holes shall be provided in each sign. The sign attachment holes shall be in the positions specified on City of Huntington Beach Standard Plan No. 404B, with the 'A' dimension of 13 inches. The mounting holes shall be 4-inches in-board of the outside vertical edge of the sign and generally conform to the positions shown on Standard Plan 404B. The signs shall be attached to the mounting brackets with 0.375-inch diameter stainless steel bolts with two stainless steel cut flat washers and secured with stainless steel Nylock' nylon locking nuts. Two types of sign facing materials and application methods are acceptable. Method A: White 3M Diamond Grade (or City-approved equal) prismatic sheeting shall be applied to the entire sign panel face. The sign message shall be cut into a non-reflective translucent film mask which shall be applied over the reflective sheeting. The color of the non-reflective translucent film shall be Federal Highway Blue. The translucent film shall be 3M Translucent Film or City-approved equal. Method B: Federal Highway Blue 3M Diamond Grade (or City-approved equal) prismatic sheeting shall be applied to the entire sign panel face. The sign message and border shall consist of White 3M Diamond Grade (or City- approved equal) prismatic sheeting applied to the Federal Highway Blue background. 86=9 Street Lighting. General This section shall be an addition to the sections present in Section 86 of the Caltrans July, 1992 Standard Specifications. City-owned street lighting systems shall be constructed utilizing the previous special provisions and the following material and construction specifications: spec".93 Page 19 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 Non-arterial Streets: Non-arterial streets shall be any street not shown on the current Orange County Master Plan of Arterial Highways. Street lighting poles shall be Ameron Catalog No. 6C1-17F6 (or approved equal). When the plans specify 70 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the following luminaires types shall be installed: General Electric Catalog No. M2AC-07-S-0-N-1-G-MC3-1 (Multi-tap ballast) General Electric Catalog No.M2AC-07-S-7-N-1-G-MC3-1(120/240 VAC ballast) Hubbell Catalog No. RMC-3-3 (Fixture Housing) with RMD-07S26-3 (Power Door) When the plans specify 150 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the following luminaires types shall be installed: General Electric Catalog No. M2AC-15-S-O-N-1-G-MC3-1 (Multi-tap ballast) General Electric Catalog No.M2AC-15-S-7-N-1-G-MC3-1(120/240 VAC ballast) Hubbell Catalog No. RMC-3-3 (Fixture Housing) with RMD-15S28-3 (Power Door) These catalog numbers specify a luminaire with IES Type III distribution, full lighting cut-off, power door ballast assembly, 120/240 VAC or multi-tap lighting ballast, and bulb. Arterial Streets: Arterial streets shall be any street shown on the current Orange County Master Plan of Arterial Highways. For all arterial streets except Pacific Coast Highway, Walnut Avenue between Sixth Street and First Street, and Pacific View Avenue between First Street and Beach Boulevard, lighting poles shall be Ameron Catalog No. 1C1-28N8 (or approved equal). npocials.93 Page 21 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 For privately funded projects, all costs associated with design, encroachment permit applications, inspections, installation of street lighting equipment, materials, or labor associated with the street lighting installations or modifications shall be the contractor's responsibility. sptcials.93 Page 20 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 When the plans specify 250 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the following luminaires types shall be installed: General Electric Catalog No. M4AC-25-S-0-N-1-G-MC3-1 (Multi-tap ballast) General Electric Catalog No.M4AC-25-S-7-N-1-G-MC3-1(120/240 VAC ballast) Hubbell Catalog No. RLC-3-3 (Fixture Housing) with RLD-25S38-3 (Power Door) When the plans specify 400 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the following luminaires types shall be installed: General Electric Catalog No. M4AC-40-S-O-N-1-G-MC3-1 (Multi-tap ballast) General Electric Catalog No.M4AC-40-S-7-N-1-G-MC3-1(120/240 VAC ballast) Hubbell Catalog No. RLC-3-3 (Fixture Housing) with RLD-40S38-3 (Power Door) These catalog numbers specify a luminaire with IES Type III distribution, full lighting cut-off, power door ballast assembly, 120/240 VAC or multi-tap lighting ballast, and bulb. The contractor shall install a pull box adjacent to the new street light pole base with 1 1.5-inch conduit between the pull box and the street light. The street light pole foundation installation shall comply the pole manufacturer's recommendations. All street lighting and intersection safety lighting poles shall have an in-line fuse installed. Street lighting poles shall have the in-line fuse installed in the pull box adjacent to the pole. Intersection safety lights shall have the in-line fuse installed in the pole base of the traffic signal pole or lighting pole supporting the intersection safety lighting luminaire. The in- line fuse shall include a water-tight housing and shall be Fusetron or approved equal. Street lighting systems installed on Pacific Coast Highway (State Route 1), Walnut Avenue between Sixth Street and First Street, and Pacific View Avenue between First Street and Beach Boulevard (State Route 39) shall require Ameron Catalog No. 1-C3-22- J8 or Ameron 1-C3-22-J8D street light poles (as shown on the plans). Luminaires shall be 250 Watt HPS or 400 Watt HPS as shown on.the plans. Street lighting pole and conduit installations on Pacific Coast Highway and Beach Boulevard shall require Caltrans plan approval and encroachment permits. spccials.93 SAMPLE CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TRAFFIC SIGNAL INSTALLATION THIS AGREEMENT is made and entered into on this day of , 1993, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and , a California corporation, hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT, " more fully described as installation of a traffic signal at the intersection of Yorktown Avenue and Delaware Street in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows : 1 . STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and 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 AJF559 1 S A M P L E or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal . However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s) . 2 . ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) , the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way.- directly or indirectly, to the work covered by this Agreement . "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; AJF559 2 S A M P L E C. The CITY' S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builder ' s News, Inc. , 3055 Overland Avenue, Los Angeles, California 90034 , and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor ' s Proposal (attached hereto as Exhibit "A" ) ; F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW") , without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this AJF559 3 S A M P L E Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3 . COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ) , as set forth in the Contract Documents, to be paid as provided in this Agreement . 4 . COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within days from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays provided for in this Agreement . 5 . TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents . CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and 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 AJF559 4 S A M P L E and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement . CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises . 6 . CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing . Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. AJF559 5 S A M P L E 7 . NOTICE TO PROCEED No work, services, material , or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8 . BONDS CONTRACTOR shall, prior to entering upon the perform- ance of this Agreement, furnish the following 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 workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items . Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR' S risk and expense. AJF559 6 S A M P L E 10 . INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income 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. 11 . LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Three Hundred Dollars ($300) per day for each and every working day' s delay in completing the work in excess of the number of working/calendar days set forth herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder . AJF559 7 S A M P L E 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. AJF559 8 S A M P L E No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12 . DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of : (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement . The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13 . VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment . Payment to the CONTRACTOR will be made only for AJF559 9 S A M P L E • the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications . Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement . If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant . 14 . PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof . From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the AJF559 10 S A M P L E CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts . The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement . Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms and provisions of this agreement . 16 . AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for AJF559 11 S A M P L E either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California . 17 . WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement . 18 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR' S employees and damage to CONTRACTOR' S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney' s fees incurred by CITY in enforcing this obligation. 19 . WORKERS' COMPENSATION INSURANCE Pursuant to the 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 all such laws and provisions prior to commencing performance of the work hereunder. AJF559 12 S A M P L E i CONTRACTOR shall maintain such 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, and Two Hundred Fifty Thousand Dollars ($250, 000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees . CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20 . INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles . Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds . CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not AJF559 13 S A M P L E less than One Million Dollars ($1, 000, 000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1, 000, 000) . In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits . CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 . CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under this Agreement . CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. AJF559 14 S A M P L E A separate copy of the additional insured endorsement to each of CONTRACTOR' S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22 . DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged to be bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give notice in writing of its intention to terminate this Agreement . Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. AJF559 15 S A M P L E 24 . NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25 . CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement . No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 26 . STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney' s fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document . Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of one-hundred dollars ($100) for every stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices . CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement . 27. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. 1324a regarding employment verification. AJF559 16 S A M P L E 28 . NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 29 . CAPTIONS of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement . 30 . LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter S 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. REST OF PAGE NOT USED AJF559 17 S A M P L E 31 . ENTIRETY The foregoing represents the entire Agreement between the parties . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH a municipal corporation of the State of California By: Mayor Print Name Its : President/Vice President/Chariman (circle one) By: Print Name Its : Secretary/Treasurer/Chief Financial Ofc. (circle one) ATTEST: APPROVED AS TO FORM: City Clerk 6 Lv `�3 City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Public Works AJF559 18 S A M P L E PROOF OF PUBLICATION STATE OF CALIFORNIA) SS. County of Orange ) am a Citizen of the United States and a resident of the County aforesaid; I am , over the age of eighteen years, and not a PUBLIC NOTICE party to or interested in the below I check or a bid bond for not NOTICE less than 10% of the INVITING BIDS amount of the bid, made entitled matter. I am a principal clerk of payable to the City of Hun- p P CC-880 tington Beach. The Con. the HUNTINGTON BEACH INDEPENDENT a Notice is hereby given tractor shall, in the per- that sealed bids will be re- formance of the work and ceived by the City of Hun- improvements, conform to newspaper of general circulation, printed tington Beach at the office the Labor Code of the of the City Clerk at City State of California and and published in the City of Huntington Hall, 20oo Main Street, other laws of the State of Huntington Beach, Califor- California applicable Beach, County of Orange, State of nia, until the hour of 1:30 thereto, with the exception p.m. on May 19, 1994, at only of such variations that California, and that attached Notice is a which time they will be may be required under the opened publicly and read special statutes pursuant to true and complete copy as was printed aloud in the Council Cham- which proceedings hereun- bers for the Construction of der are taken and which and published in the Huntington Beach Street Lights in California have not been superseded and Huntington Streets in by the provisions of the the City of Huntington Labor Code. Preference to and Fountain Valley issues of said Beach. labor shall be given only in A set of plans, specifica- the manner provided by newspaper to wit the issue(s) of: tions, and other contract law. documents may be ob. No bid shall be consid- tained on April 25, 1994 at ered unless it is made on a the Department of Public form furnished by the City Works, 2000 Main Street, of Huntington Beach and is Huntington Beach, Califor. made in accordance with nia, upon receipt of a non. the provisions of the pro- refundable fee of$40.00 for posal requirements. pick-up or$45.00 if mailed. Each bidder must be li- April 28, 1994 Each bid shall be made censed and also prequali- Ma 5 12 1994 on the Proposal Form and fied as required by law. y , , in the manner provided in The City Council of the the contract documents, City of Huntington Beach and shall be accompanied reserves the right to reject by a certified or cashier's any or all bids. declare, under penalty of perjury, that ciloftheCiyorder ofthe ofHuntington Beach, California the ,eft, the foregoing is true and correct. of April, 1994. Connie Brockway, City Clerk of the City of Huntington Beach, 2000 Main Street, Executed on May 12 , 1994 (714)536.5431 Published Huntington at Costa Mesa, California. Beach-Fountain Valley In- dependent April 28, May 5, 12, 1994. 044-604 h Signature PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a — PUBLIC N0 - resident of the County aforesaid; I am NOTICEINVi NG BIDS CC 80 over the age of eighteen years, an Notice is hereby given not a that sealed bids will be re- ceived by the City of Hun. party to or interested in the below tington Beach at the office of the City Clerk at City entitled matter. I am a principal clerk of Hall, 2000 Main Street, Huntington Beach, Califor. the HUNTINGTON BEACH INDEPENDENT, a nia, until the hour of 1:30 p.m.on March 10, 1994,at newspaper of general circulation, printed which time they will be opened publicly and read and published in the City of Huntington al tiers forlrsfoud or heCouacilCham- the Traffic Signal Installation at Yorktown Av- Beach, County of Orange, State of enue and Delaware Street in the City of Huntington California, and that attached Notice is a Beach.A set of plans, specifica- true and complete copy as was printed tions, and other contract documents may be ob- and published in the Huntington Beach tained on February 24, 1994 at the Department of and Fountain Valley Issues of said Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of newspaper to wit the issue(s) of: a non-refundable fee of $40.00. Each bid shall be made on the Proposal Form and in the manner provided In No bid shall be consid- the contract documents, ered unless it is made on a and shall be accompanied. form furnished by the City by a certified or cashier's of Huntington Beach and is check or a bid bond for not made in accordance with February 26, 1994 less than 10% of the the provisions of the pro- amount of the bid, made posal requirements. March 3, 1994 payable to the City of Hun- Each bidder must be li- tington Beach. The Con- censed and also prequali- tractor shall, in the per- fied as required by law. formance of the work and The City Council of the I declare, under penalty or perjury, that improvements, conform to City of Huntington Beach the Labor Code of the reserves the right to reject the foregoing is true and correct. State of California and any ord other laws of the State of By ordert of of the City Coun- California applicable cil of the City of Huntington thereto, with the exception j Beach,California the 7th of only of such variations that February,1994. may be required under the Connie Brockway, Executed on March 3 1994 special statutes pursuant to City Clerk of the City of i which proceedings hereun- der are taken and which Huntington Beach at Costa Mesa, California. have not been superseded Published Huntington by the provisions of the Beach-Fountain Valley In- Labor Code. Preference to dependent February 26, labor shall be given only in March 3,1994. the manner provided by 024s628 the law. � _eo�, Signature 7 �� vp NOTICE INVITING BIDS CC-88fl", Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 1:30 p.m. on March 10, 1994, at which time they will be opened publicly and read aloud in the Council Chambers for the Traffic Signal Installation at Yorktown Avenue and Delaware Street in the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on February 24, 1994 at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non-refundable fee of$40.00. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 7th of February, 1994. Connie Brockwav City Clerk of the City of Huntington Beach 2000 Main Street(714) 536-5431 0328G NOTICE INVITING BIDS i Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 1:30 p.m. on May 19, 1994, at which time they will be opened publicly and read aloud in the Council Chambers for the Construction of Street Lights in California and Huntington Streets in the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on April 25, 1994 at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non-refundable fee of$40.00 for pick-up or $45.00 if mailed. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 18th of April, 1994. Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 0328G NOTICE INVITING BIDS CC-880 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 1:30 p.m. on March 10, 1994, at which time they will be opened publicly and read aloud in the Council Chambers for the Traffic Signal Installation at Yorktown Avenue and Delaware Street in the City of Huntington Beach. A set of plans, specifications, and other contract documents may be obtained on February 24, 1994 at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non-refundable fee of$40.00. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 7th of February, 1994. Connie Brockwav City Clerk of the City of Huntington Beach 2000 Main Street(714) 536-5431 0328G RECEIVED ('rj'Y CLERK HUHT!kf T +.ALIF. �" z r3 Zq 131 P qq .ram N �mm OE rm •3�'1'v�•1i:�':.'! NUtJNItN[IH VL�3�3 �,tIJ 43Ai33V Request for City Council Action Date: February 7, 1993 Submitted to : Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrato Prepared by: Barbara A. Kaiser, Deputy City Administrator so-Louis F. Sandoval, Director of Public Works Subject: APPROVAL TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF A NEW TRAFFIC SIGNAL AT THE INTERSECTION OF YORKTOWN AVENUE AND DELAWARE STREET: CC-880 APPROVED BY CITY COUNCIL ,&— 2 Consistent with Council Policy? [X] Yes [ ] New Policy or Exception Statement of Issue,Recommendation, Analysis, Funding Source,Alternative Actions, ts: L de STATEMENT OF ISSUE: The plans and specifications for the construction of a new traffic signal at the intersection of Yorktown Avenue and Delaware Street are complete, and City Council approval is required to advertise this project. RECOMMENDED ACTION: 1. That the City Council approve the plans and specification for the installation of a traffic signal at the intersection of Yorktown Avenue and Delaware Street (CC-880) and authorize the Director of Public Works to advertise this project. 2. Approve the attached sample contract subject to award of contract to Council approved lowest responsible bidder. ANALYSIS: The installation of a traffic signal on Yorktown Avenue at Delaware Street is warranted. A Public Hearing to appropriate Community Development Block Grant(CDBG) funds was held, and funding was approved at the June 14, 1993, City Council Meeting. ENVIRONMENTAL STATUS: This project is categorically exempt via the General Rule Exemption (CEQA Section 15061 (b)(3)). l � 1 FUNDING SOURCE: The funds for this project are available in account number E-HM-ED-877-5-93-00. The engineer's estimate for this project is $102,500. ALTERNATIVE ACTIONS: 1. Do not authorize the Department of Public Works to advertise for bids. 2. Do not approve the "sample contract" for this project. 3. Direct staff on alternative action. ATTACHMENTS: Project Location Map Special Provisions Sample Contract qq MTU/LFS/JDO/CDR/cr 0 cc-880.awa AMEL KTt,MQT[t AK. RSA AK RSA AK AAm31 AK KfADKm AK IOAw[M AK G K0. AK i y}2QG � S i x I VAAp 0.V• VAA)Q V 3 s"m AK na AK tALSRf AK tAL![eT AK ( 5 G + 73 A� 8 A 61 K 6.tn K ;St �~ GAAI'IQ) AK 4 Project t a Loco Von �la, AK L AY,Q AK 10 SCAL( r k 1 F L egend d •TOMA Av[ O Project t L oco t;on IwL1011 AK SAAt,pG AK DATEi CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Cash Contract TRAFFIC SIGNAL INSTALLATION 880 YORK TO WN/DEL A WARE CITE' OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND STREET LIGHTING IN THE CITY OF HUNTINGTON BEACH April, 1993 Prepared Under the Supervision of: QROFESSIO'Vlxtx Ae�yi++ o�RpFISSIJAJ `ponald Cf .� Po'm � ��. �f+✓+ Al 38580 Ex- x-3/-97;" No. 1578 _ Jt••••.,�IYV�,.•'�P �( Exp.c.OF C -3o-9S 9tF of cAUF��`� sf lR FF�G ��Q James D. n, City TralTic Engineer, R E 38580, RTE 1578 Date Approved by: o9\,oFESS/ON — . EIC q� fmti ti�� may, Lu Cu 7, m cc No.20921 J * Exp.9-30-93 C 110 fiOF Cp1�QO 4 Z 3 .93 Robert E. Eichblatt, City Engineer, R E 0921 Date covcr.sh[ STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND STREET LIGHTING IN THE CITY OF HUNTINGTON BEACH April, 1993 Installation of new or modification of existing traffic signals, systems, street lighting, and Emergency Vehicle Pre-emption equipment shall conform to the provisions in Section 86, "Signals and Lighting" of the Standard Specifications, and the Standard Plans of the State of California, Department of Transportation dated July, 1992, applicable sections of the National Electrical Code, current City of Huntington Beach Standard Plans, the plans, and these special provisions. The City of Huntington Beach Traffic Engineer shall be the sole arbiter of the prevailing specification should a conflict arise between Section 86 of the Standard Specifications and the Standard Plans of the State of California, Department of Transportation, the National Electrical Code, current City of Huntington Beach Standard Plans, the plans, and these special provisions. Such other items or details not mentioned, that are required by the plans, Caltrans Standard Specifications, Caltrans Standard Plans, the National Electrical Code, current City of Huntington Beach Public Works Department Standard Plans, or these Special Provisions shall be performed, placed, constructed or installed to provide a totally functioning operation as intended. The contractor shall supply all materials and equipment necessary to perform the work as specified herein unless noted otherwise on the plans. The following items are modifications to specific portions of Section 86, "Signals and Lighting" of the July, 1992 Standard Specifications and Standard Plans of the Department of Transportation (Caltrans) of the State of California. 86-1.015 Definitions The following terms and definitions shall be added to §86-1.015: The city shall be defined as the City of Huntington Beach. The Engineer shall be defined as the City of Huntington Beach Traffic Engineer or his representative. The phrases "State owned", "State furnished", or "State supplied" (and similar terms) shall mean City of Huntington Beach owned, City of Huntington Beach furnished, or City of Huntington Beach supplied unless noted otherwise on the plans. specisls.93 Page 2 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-1 03 Equipment List and Drawings The following shall be added to §86-1.03: One (1) complete set of project plans and these special provisions shall be kept on the job at all times, to be used as record drawings. Throughout the duration of the contract work, it shall be the responsibility of the Contractor to maintain a currently updated record of all construction changes and variations from the contract drawings. Two (2) complete sets of "As-Built" prints shall be delivered to the Traffic Engineer, 2000 Main Street, Huntington Beach, CA 92648 upon completion of the work. The contractor shall keep at least one copy of the current State of California Department of Transportation (Caltrans) Standard Plans and Standard Specifications on the job at all times. 86-1.04 Warranties. Guarantees and Instruction Sheets §86-1.04 shall be amended to read: Materials lists, manufacturer's data, warranties, guarantees, brochures, technical data, operating manuals, etc., shall be labeled and identified, and shall be submitted in bound booklet form prior to acceptance of the project. 86-1.05 Maintaining Existing, and Temporary Electrical Systems The first sentence of the sixth paragraph shall be amended to read as follows: Where damage is caused by the Contractor's operations, the Contractor shall, at his expense, repair or replace damaged facilities within twenty four hours in accordance with these specifications. 86-1.06 Scheduling of Work The ninth paragraph shall be amended to read as follows: Functional tests shall start on any working day except Monday or Friday, or the day preceding or following a legal holiday. spcciaL.93 Page 3 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-2.01 Excavating and Backfilling The following shall be added to §86-2.01: Backfilling in roadway areas shall be with one (1) sack P.C.C. slurry to bottom of roadway surfacing material unless.otherwise directed by the Engineer or shown on the plans. All "Potholing" within roadway areas shall be backfilled with City-approved "one sack slurry" mix. Backfill in all trenches and pull box sumps not in roadway areas shall be compacted to 90% Relative Compaction unless directed otherwise by the Engineer. 86-2.02 Removing and Replacing Improvements The second paragraph shall be amended to read as follows: Whenever a part of a square or slab of existing concrete sidewalk, curb, gutter, or driveway is broken or damaged, the sidewalk, curb, gutter, or driveway shall be removed completely from score line to score line. Sidewalk shall be replaced from back of curb to back of walk, curb and gutter shall be replaced from edge of sidewalk to edge of asphalt, and driveways shall be replaced at the direction of the Engineer. Portland Cement Concrete (P.C.C.) shall conform to §303-5 of the latest Standard Specifications for Public Works Construction (commonly referred to as the "Green Book"). Improvements shall be installed per the latest City of Huntington Beach Public Works Department Standard Plans. 86-2.03 Foundations The following shall be added to §86-2.03: The contractor shall construct the controller cabinet foundation as shown on State Standard Plan ES-4B for Type P cabinets, including furnishing and installing anchor bolts (except that foundation shall extend 18" above grade and not 31/2" as shown) and shall install the controller cabinet on said foundation. A ground electrode (for radio interference suppression purposes only) shall be installed towards the front of the cabinet foundation and in the general vicinity of the cabinet door hinge. This electrode shall not be connected to any electrical circuit grounding conductor. speciak.93 Page 4 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-2.05 Conduit &86-2.05A Material The first paragraph shall be amended to read: All new buried conduit, except as noted on the plans, shall be Schedule 80 rigid non- metallic type conforming to UL Publication UL651 for rigid non-metallic conduit. Non- metallic bell end bushings, Carlon plus E997J or approved equal, are to be placed on the terminating ends of all conduits prior to installing the conductors. &86-2.05B Use The third paragraph, item number six, shall be amended to read: Not otherwise specified shall be 2-inch. 86-2.05C Installation The eleventh paragraph shall be amended to read: A No. 12 copper pull wire shall be installed in all conduits which are to receive future conductors. At least 2-feet of pull wire shall be doubled back into the conduit at each termination. The thirteenth paragraph shall be amended to read: Conduit shall be laid to a depth not less than 18 inches below or greater than 36 inches below grade in portland cement concrete sidewalk areas and curbed paved median areas, and not less than 30 inches below grade or greater than 48 inches below finished grade in all other areas, unless shown otherwise on the plans. The sixteenth paragraph shall be amended to read: The "Trenching in Pavement Method" is dis-allowed in the City of Huntington Beach unless previously authorized in writing by the Engineer for the individual installation location as shown on the plans. The following conduit installation methods shall be the approved installation methods unless noted otherwise on the plan: Conduit shall be installed using drilling or jacking methods, except in the following situations: spw".93 Page 5 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 1. Conduit may be installed using mechanical trenching methods if the conduit is to be installed in a new street that has not been paved prior to conduit trenching. 2. Conduit may be installed via manual trenching methods in an existing paved street if: a. Jacking or drilling methods have been tried three times and subsurface conditions have prevented the successful installation of conduit. b. The inspector has determined that underground conditions or underground utilities make the use of jacking or drilling methods unsafe. If this condition is applied, manual trenching methods will be acceptable. No machine trenching method will be allowed. The seventeenth paragraph shall be amended to read: Rigid non-metallic type conduit and plastic coated rigid steel conduit shall not be used for drilling and jacking. Rigid non-metallic type of conduit and plastic coated rigid steel conduit may be installed under existing pavement if a hole larger that the conduit is pre- drilled and the conduit installed by hand. Rigid metal conduit, to be used as a drilling or jacking rod, shall be fitted with suitable drill bits for required hole size. The twentyseventh paragraph shall have these additional requirements:. Conduit entering pull boxes shall terminate a minimum of 2" above the grouted bottom of the pull box and not less than 8" from the top of pull box. The conduit shall be placed in a manner that facilitates pulling of conductors in a straight line and clearing box wall by 2" (angle of exit). spcc".93 Page 6 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-2.06 Pull Boxes 86-2.06A Materials The first paragraph shall be amended to read: All new pull boxes shall be plastic lined PCC, except where noted otherwise on the plans. All new pull box extensions shall be PCC, except where noted otherwise on the plans. All new pull box lids shall be fiberglass, except where noted otherwise on the plans. Pull box lid bolt-down hardware shall not be required unless noted otherwise on the plans. All new pull boxes shall be No. 6 unless noted otherwise on the plans. New pull boxes and pull box lids shall be the following Christy Concrete Products, Inc. pull boxes, or approved equal: Pull Box Pull Box (Christy Pull Box Lid (Christy Size Concrete Products, Inc. Concrete Products,,Inc. Catalog No.) Catalog No.) 3 1/2 N9 FL9T 5 N30 FL30T 6 N36 FL36T 86-2.06B Cover Marking State Standard Plan ES-8, "Pull Box Details", Note 4-a.5 and b.10, shall not apply to this project. 86-2.06C Installation and Use The second paragraph shall be amended to read: All new pull box installations shall be grouted. The pull boxes shall be bedded in crushed rock as shown on the plans and shall be grouted prior to the installation of conductors. The grout shall be between 0.5-inch and one inch thick and shall be sloped toward the drain hole. A layer of roofing paper shall be placed between the grout and the crushed rock sump. A one inch drain hole shall be provided in the center of the pull box through the grout and the roofing paper. ep"It.93 Page 7 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 The third paragraph shall be amended to read: Where the sump of an existing pull box is disturbed by the contractor's operations, the sump shall be reconstructed and, if the sump was grouted, the old grout shall be removed and new grout placed. Where the sump of an existing non-grouted pull box is disturbed by the contractor's operations, the sump shall be reconstructed and new grout and roofing paper shall be placed as described above. The following shall be added to §86-2.06C: No new or existing pull box shall be located in or within 1' of any wheelchair ramp. 86-2.08 Conductors and Wiring The following shall be added to §86-2.08: Conductors, #10 AWG or smaller, shall be solid. Conductors, #8 AWG and larger, shall be stranded. Emergency vehicle pre-emption (EVP) cable shall be continuous, without splices, from optical detector to controller cabinet. 86-2.08A Conductor Identification The following shall be added to §86-2.08A: Insulation color for bicycle push button conductors shall be solid blue. 86-2.08E Signal Interconnect Cable The first sentence of the first paragraph shall be amended to read: Signal Interconnect Cable (SIC) shall consist of AWG No. 20 (minimum) stranded, tinned copper conductors with the number of pairs as specified on the plans (six pair minimum). The third paragraph shall be amended to read: SIC shall be continuous between traffic signal controller cabinets without breaks or splices. A minimum of six feet of slack shall be provided at each controller cabinet. spoc".93 Page 8 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 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 Wiring 86-2.09C Connectors and Terminals The following shall be added to §86-2.09C: Compression-type terminals (spade or eyelet) shall not be permitted for termination on solid conductors. 86-2.09D Splicing §86-2.09D shall be amended to read: Unless shown otherwise on the plans or permitted by the Engineer, splices in traffic signal conductors shall not be made between terminal blocks. Splices in street lighting (multiple circuit) and intersection safety lighting conductors shall be made in the base of the standard or adjacent pull box. Splices in street lighting or intersection safety lighting conductors shall conform to §86- 2.09E and Standard Plan ES-13. Splices shall be insulated by Method B for Handcrafted Insulation. 86-2.10 Bonding and Grounding The second sentence of the seventh paragraph shall be amended to read: Ground electrodes shall be one piece, 10-foot length, 5/8-inch nominal diameter stainless steel and meet the requirements of the Code. specials.93 Page 9 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-2.11 Service The following shall be added to §86-2.11: Traffic signal service equipment enclosures shall be furnished with the following unless shown otherwise on the plans: 1. 50 amp breaker for traffic signals (120V metered). 2. 30 amp breakers for safety lighting (120V metered). 3. Safety lighting contactor and test switch. The eighth paragraph shall be amended to read: Service equipment enclosures shall be fabricated from aluminum and conform to the requirements of§86-3.07A, "Cabinet Construction." Service equipment enclosures shall be provided with a baked enamel finish coat, white in color and a method of securing the enclosure utilizing a padlock. With a City-furnished padlock in place, it shall not be possible to force entry into the enclosure by hand without the use of tools. Service enclosures shall conform to City of Huntington Beach Standard Plan No.s 402 A-D, unless shown otherwise on the plans. Standard traffic signal installations will utilize the service pedestal shown in City of Huntington Beach Standard Plans 402 A&B unless shown otherwise on the plans. The eleventh paragraph shall be amended to read: The Contractor shall be responsible for applying for and arranging with the serving utility to complete service connections for both temporary and permanent installations, and the Contractor shall pay all costs and fees required by the utility. The twelfth paragraph shall be amended to read: All costs of all electrical energy utilized until the successful completion of the functional testing period(s) for new street lighting and/or traffic signal systems shall be the contractor's responsibility. Upon the successful completion of the functional testing period(s) the subsequent costs of all electrical energy utilized to operate the newly installed system shall be the responsibility of the City. The fourteenth paragraph shall be deleted from this section. specials.93 Page 10 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-2.14 Testing 86-2.14A Materials Testing The following shall be added to §86-2.14A: For city funded or administered projects, the city will be responsible for the costs of the initial soil and geotechnical material tests. The costs of all subsequent soil or geotechnical material tests deemed necessary due to the failure of the initial tests shall be the responsibility of the contractor. The contractor shall be responsible for the costs of all soil and geotechnical materials testing for privately funded projects, as required by the Engineer. The second sentence of the first paragraph shall be amended to read: The costs of all equipment and materials testing, except .as noted otherwise in this section, shall be the contractor's responsibility. The fourth paragraph shall be amended to read: The contractor shall allow 30 days for material and equipment testing from the date the material or equipment is delivered to the test site. When the equipment or material being tested has been rejected for failure to comply with these specifications, the contractor shall allow 30 days for subsequent retesting. The retesting period shall begin when the corrected equipment or materials are made available at the test site. The sixth paragraph shall be amended to read: It is the contractor's responsibility to pick up and deliver all required materials and equipment to and from the point of purchase, the test site, and the work site. The city shall not be responsible for pick up or delivery of any materials or equipment unless noted otherwise on the plans or in these specifications. 86-2.14C Functional Testing The first sentence of the fifth paragraph shall be amended to read: The city shall be responsible for the costs of electrical energy for testing of modified, city-owned street lighting and traffic signal systems. spoc".93 Page 11 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 The following shall be added to §86-2.14C: The Contractor shall, at his own expense, arrange to have a signal technician, qualified to work on the controller assembly and employed by the controller assembly manufacturer or his representative, present at the time the equipment is turned on. 86-3 Controller Assemblies 86-3.01 Controller Assembly The following shall be added to §86-3.01: Contractor shall furnish the following items as a complete package: 1. Caltrans Model 170E Micro Processor Intersection Controller Unit Assembly, supplied with a Serial Extender Board and two each 1200/2400 Baud Modems (GDI Model 404 or approved equal). The controller assembly shall be configured and jumpered to have all Random Access Memory (RAM) and Programmable Read Only Memory (PROMs) on the Central Processor Unit (CPU) circuit board (configuration No. 2 in the Caltrans Model 170E Operations Manual). The serial extender board shall access ACIA Port No. 4 (COM 4) and shall provide a db 9 (female) plug on the face plate of the serial extender board. The db 9 plug shall be configured for standard IEEE RS232C serial port operations. The removable circuit boards within the intersection controller unit assembly shall be installed individually in a vertical plane, parallel to one another. The Model 170E controller unit assembly, the serial extender board, and 1200/2400 baud modems shall comply with the latest Caltrans Model 170 controller specifications and addendums No. 5 & 6, and the Caltrans letter of understanding dated January 13, 1993. Only manufacturers listed on the current Caltrans Qualified Products List shall be allowed to provide the controller assembly, serial extender board, and modem modules. The preferred manufacturer shall be Peek Traffic/Signal Control Company. 2. BI Tran Systems, Inc. Model 170 Controller Traffic Signal Program 233 (latest edition), one copy per each Model 170E controller assembly supplied. 3. Antares, Inc. 170 To NEMA Adaptor, Model 1000000A (latest version), complete with NEMA D Panel connector, one each per Model 170E controller assembly supplied. specin6.93 Page 12 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 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. 86-33 07 Controller Cabinets The following shall be added to §86-3.07: Contractor shall furnish a Type P cabinet with thirty-two (32) vehicle detector connecting cables, conflict monitor and all appurtenant equipment (including load switches and 24 detector amplifiers) necessary to operate eight traffic phases. 86-3.07A Cabinet Construction The following shall be added to §86-3.07A: Cabinet shall be aluminum and painted white. A steel load switch bay shall be provided. 86-3.07B Cabinet Ventilation The first paragraph of §86-3.07B shall be amended to read: Rain tight, screened vent holes shall not be provided. Louvered vents with a permanent metal mesh and 14-inch by 10-inch by 1-inch 4-ply woven polypropylene air filter held firmly in place, which is to permit the fan to pass the volume of air specified, shall be provided in the cabinet door. Air filter support brackets shall have drain holes and the drain holes shall not drain to the outside of the cabinet. spec".93 1. Page 13 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-3.07C Cabinet Wiring The following shall be added to §86-3.07C: Flasher units shall be wired to flash phases 1, 2, 3 and 4 simultaneously and phases 5, 6, 7, and 8 simultaneously. Phases 1, 2, 3, and 4 shall not flash concurrently with phases 5, 6, 7, and 8. Cabinet shall include a NEMA "D" connector. 86-3.07D Cabinet Accessories The following shall be added to §86-3.07D: Labels on detectors and detector cables shall correlate controller phase designations with phase designations shown on the plans. Cabinet shall be furnished with a Detector Systems, Inc. Model DS-217 two position EVP equipment mounting rack, provided in the "flanges in" configuration. 86-3.08 Auxiliary FQ. uipment 8686-3,08B(1) Emergency Vehicle Pre-emption Equipment The following shall be added to §86-3.08B(1): The Contractor shall furnish and install optical detectors and detector cable, and shall make all wiring connections and aim detectors as specified by the manufacturer. Optical detectors shall be 3M Model No. 511, 521, or 522. Discriminator modules shall be 3M Model No. 262. Optical detector signal cable shall be 3M Model No. M-138, or approved equal. 86-3.08C Monitoring Device The following shall be added to §86-3.08C: Conflict monitor shall be Eberle Designs, Inc. Model SSM-12LEPR. .pecial..93 Page 14 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-3.08K Convenience Receptacle The following shall be added to §86-3.08K: The convenience receptacle shall have ground-fault circuit interruption as defined by the National Electrical Code. Circuit interruption shall occur on 6 milliamperes of ground- fault current and shall not occur on less than 4 milliamperes of ground-fault current. 86-3.08L Flasher The third paragraph shall be amended to read: Flasher shall provide 2 output circuits to permit alternate flashing of signal faces and shall be capable of carrying a minimum of 20 amperes per circuit at 120 volts. 86-4 Vehicle Signal Faces and Signal Heads 86-4.01 Vehicle Signal Faces The following shall be added to §86-4.01: Signal section housings, backplates, and visors shall be plastic type, unless noted otherwise on the plans. All exposed and interior fasteners shall have an anti-seize compound (No-Lox or approved equal) applied before installation. 86-4,01A 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 or approved equal. 86-4.01B Signal Sections The following shall be added to §86-4.01B: All indications shall be 12 inch. spec".93 Page 15 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-4.05 Pedestrian Signals The following shall be added to §86-4.05: Pedestrian signals shall be Indicator Controls Corp. Model 4094B or approved equal, with clamshell mounting and Z-crate type screen. All pedestrian signal housings shall be aluminum. All pedestrian signal screens shall be plastic. All exposed and interior fasteners shall have an anti-seize compound (No-Lox or approved equal) applied before installation. 86-4.06 Signal Mounting Assemblies The following shall be added to §86-4.06: All exposed and interior fasteners shall have an anti-seize compound (No-Lox or approved equal) applied before installation. The fourth sentence of the first paragraph is amended to read: Post top slip-fitters, mast arm slip fitters, and terminal compartments shall be cast bronze. 86-5 Detectors 86- OlA(3) Sensor Unit Construction The following shall be added to §86-5.01(A): All loop detector amplifiers shall be single channel. Amplifiers shall be Detector Systems, Inc., Model number 913B, unless shown otherwise on the plans. specink.93 Page 16 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-5.01A(4) Construction Materials The following shall be added to §86-5.OIA(4): Loop wire shall be Type 2. Loop detector lead-in cable shall be Type C, unless specified otherwise on the plans. When 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.OlA(5) Installation Details The following shall be added to §86-5.OlA(5): Unless shown otherwise on the plans all new loop detectors shall conform to Standard Plan ES-5B, Type E, except that the loops shall be 6-foot diameter (not 6-inch diameter as shown) and shall be spaced 10-feet apart in the direction of travel (not 10-inches as shown). Loop detector sealant shall be "Hot-Melt Rubberized Asphalt Sealant". Loop detectors.shall be installed (including sealant) on the same day in which the loop detector slots are cut. Curb terminations shall be as shown on Standard Plan ES-5E, 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 dis-allowed. speciab.93 Page 17 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 86-5.02 Pedestrian Push Buttons The following shall be added to §86-5.02: Pedestrian push buttons shall be Standard Plan ES-5C, Type B. Push button assemblies shall be McCain Signal Products Catalog No. MPB.02 with polycarbonate push button cover or approved equal. 86-6.01 Luminaires Intersection safety lighting luminaires shall comply with §86-9 of these special provisions. The luminaires shall be the type specified for arterial streets. The output wattage of the intersection safety lighting luminaires shall be as shown on the plans. 86-6.065 Internally Illuminated Street Name Signs §86-6.065 shall be deleted and replaced with the following: A solid box superimposed upon the traffic signal mast arm symbol on the plans shall indicate that a complete Non-Illuminated Mast Arm Street Name Sign assembly shall be installed on that mastarm. The sign mounting hardware and location details shall be as shown in the City of Huntington Beach Standard Plan No.s 403 & 404 A&B. The following specifications define requirements for Non-Illuminated Mast Arm Street Name Signs: Sign Message: Street Name Suffixes shall not be used. Letter size, style, spacing, arrows, logos and borders shall generally conform to the current State of California Department of Transportation (Caltrans) Traffic Manual, Table 4-4 and Table 4-7, and Sign Specifications for Type G7 Advance Street Name Signs. Non-Illuminated Mast Arm Street Name Signs shall be double sided unless noted otherwise on the plans. .pecia6.93 Page 18 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 Sign Materials: The sign panel shall be 0.080-inch thick new sheet aluminum alloy 3003-H14 or 5052-H32. The sign panel shall have shear-trimmed or roll-slit edges with workman-like quality. The corners of the sign panel shall be 3-inch radius. Four 0.375-inch diameter sign attachment holes shall be provided in each sign. The sign attachment holes shall be in the positions specified on City of Huntington Beach Standard Plan No. 404B, with the 'A' dimension of 13 inches. The mounting holes shall be 4-inches in-board of the outside vertical edge of the sign and generally conform to the positions shown on Standard Plan 404B. The signs shall be attached to the mounting brackets with 0.375-inch diameter stainless steel bolts with two stainless steel cut flat washers and secured with stainless steel Nylock' nylon locking nuts. Two types of sign facing materials and application methods are acceptable. Method A: White 3M Diamond Grade (or City-approved equal) prismatic sheeting shall be applied to the entire sign panel face. The sign message shall be cut into a non-reflective translucent film mask which shall be applied over the reflective sheeting. The color of the non-reflective translucent film shall be Federal Highway Blue. The translucent film shall be 3M Translucent Film or City-approved equal. Method B: Federal Highway Blue 3M Diamond Grade (or City-approved equal) prismatic sheeting shall be applied to the entire sign panel face. The sign message and border shall consist of White 3M Diamond Grade (or City- approved equal) prismatic sheeting applied to the Federal Highway Blue background. 86-9 Street Lighting, General This section shall be an addition to the sections present in Section 86 of the Caltrans July, 1992 Standard Specifications. City-owned street lighting systems shall be constructed utilizing the previous special provisions and the following material and construction specifications: specials.93 Page 19 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 Non-arterial Streets: Non-arterial streets shall be any street not shown on the current Orange County Master Plan of Arterial Highways. Street lighting poles shall be Ameron Catalog No. 6C1-17F6 (or approved equal). When the plans specify 70 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the following luminaires types shall be installed: 1 General Electric Catalog No. M2AC-07-S-0-N-1-G-MC3-1 (Multi-tap ballast) General Electric Catalog No.M2AC-07-S-7-N-1-G-MC3-1(120/240 VAC ballast) Hubbell Catalog No. RMC-3-3 (Fixture Housing) with RMD-07S26-3 (Power Door) When the plans specify 150 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the following luminaires types shall be installed: General Electric Catalog No. M2AC-15-S-0-N-1-G-MC3-1 (Multi-tap ballast) General Electric Catalog No.M2AC-15-S-7-N-1-G-MC3-1(120/240 VAC ballast) Hubbell Catalog No. RMC-3-3 (Fixture Housing) with RMD-15S28-3 (Power Door) These catalog numbers specify a luminaire with IFS 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. ICI-28N8 (or approved equal). specials,93 Page 20 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 When the plans specify 250 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the following luminaires types shall be installed: General Electric Catalog No. M4AC-25-S-0-N-1-G-MC3-1 (Multi-tap ballast) General Electric Catalog No.M4AC-25-S-7-N-1-G-MC3-1(120/240 VAC ballast) Hubbell Catalog No. RLC-3-3 (Fixture Housing) with RLD-25S38-3 (Power Door) When the plans specify 400 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of the following luminaires types shall be installed: General Electric Catalog No. M4AC-40-S-O-N-1-G-MC3-1 (Multi-tap ballast) General Electric Catalog No.M4AC-40-S-7-N-1-G-MC3-1(120/240 VAC ballast) Hubbell Catalog No. RLC-3-3 (Fixture Housing) with RLD-40S38-3 (Power Door) These catalog numbers specify a luminaire with IES Type III distribution, full lighting cut-off, power door ballast assembly, 120/240 VAC or multi-tap lighting ballast, and bulb. The contractor shall install a pull box adjacent to the new street light pole base with 1 1.5-inch conduit between the pull box and the street light. The street light pole foundation installation shall comply the pole manufacturer's recommendations. All street lighting and intersection safety lighting poles shall have an in-line fuse installed. Street lighting poles shall have the in-line fuse installed in the pull box adjacent to the pole. Intersection safety lights shall have the in-line fuse installed in the pole base of the traffic signal pole or lighting pole supporting the intersection safety lighting luminaire. The in- line fuse shall include a water-tight housing and shall be Fusetron or approved equal. Street lighting systems installed on Pacific Coast Highway (State Route 1), Walnut Avenue between Sixth Street and First Street, and Pacific View Avenue between First Street and Beach Boulevard (State Route 39) shall require Ameron Catalog No. 1-C3-22- J8 or Ameron 1-0-224813 street light poles (as shown on the plans). Luminaires shall be 250 Watt HPS or 400 Watt HPS as shown on the plans. Street lighting pole and conduit installations on Pacific Coast Highway and Beach Boulevard shall require Caltrans plan approval and encroachment permits. sp"Is.93 Page 21 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions April, 1993 For privately funded projects, all costs associated with design, encroachment permit applications, inspections, installation of street lighting equipment, materials, or labor associated with the street lighting installations or modifications shall be the contractor's responsibility. specinls.93 SAMPLE CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TRAFFIC SIGNAL INSTALLATION THIS AGREEMENT is made and entered into on this day of , 1993 , by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY, " and , a California corporation, hereinafter referred to as "CONTRACTOR. " WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT, " more fully described as installation of a traffic signal at the intersection of Yorktown Avenue and Delaware Street in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows : 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and 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 AJF559 1 S A M P L E or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal . However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s) . 2 . ACCEPTANCE OF CONDITIONS OF WORK• PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) , the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement . "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; AJF559 2 S A M P L E C. The CITY' S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions , amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builder ' s News , Inc . , 3055 Overland Avenue, Los Angeles, California 90034 , and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor ' s Proposal (attached hereto as Exhibit "A" ) ; F. The particular plans, specifications, , special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW") , without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this AJF559 3 S A M P L E Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3 . COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ) , as set forth in the Contract Documents, to be paid as provided in this Agreement . 4 . COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within days from the day the "Notice to Proceed" is issued by Department of Public Works, excluding delays provided for in this Agreement . 5 . TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents . CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and 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 AJF559 4 S A M P L E and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement . CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises . 6 . CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. AJF559 5 S A M P L E 7 . NOTICE TO PROCEED No work, services , material , or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued . In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due' to such unavailability. 8 . BONDS CONTRACTOR shall, prior to entering upon the perform- ance of this Agreement, furnish the following 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 workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items . Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR' S risk and expense. AJF559 6 S A M P L E 10 . INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is , and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income 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. 11 . LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Three Hundred Dollars ($300) per day for each and every working day' s delay in completing the work in excess of the number of working/calendar days set forth herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. AJF559 7 S A M P L E 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. AJF559 8 S A M P L E No claims for additional compensation or damages for delays , irrespective of the cause thereof , and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors , will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12 . DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of : (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement . The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13 . VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for AJF559 9 S A M P L E the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications . Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement . If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant . 14 . PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof . From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the AJF559 10 S A M P L E CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts . The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be ' accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement . Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15 . WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms and provisions of this agreement . 16 . AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for AJF559 11 S A M P L E either labor or material , except certain items , if any, to be set forth in, an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California . 17 . WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement . 18 . INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR' S employees and damage to CONTRACTOR' S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney' s fees incurred by CITY in enforcing this obligation. 19 . WORKERS ' COMPENSATION INSURANCE Pursuant to the 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 all such laws and provisions prior to commencing performance of the work hereunder. AJF559 12 S A M P L E CONTRACTOR shall maintain such 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, and Two Hundred Fifty Thousand Dollars ($250 , 000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies satisfactory to CITY. CONTRACTOR shall require all subcontractors to provide such Workers ' Compensation Insurance for all of the subcontractors ' employees . CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers ' Compensation Insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20 . INSURANCE CONTRACTOR shall carry at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations, subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles . Said insurance shall name the CITY, its officers, agents and employees and all public agencies as determined by the CITY as Additional Insureds . CONTRACTOR shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not AJF559 13 S A M P L E less than One Million Dollars ($1, 000 , 000) combined single limit coverage . If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be no less than One Million Dollars ($1, 000, 000) . In the event of aggregate coverage, CONTRACTOR shall immediately notify CITY of any known depletion of limits . CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 21 . CERTIFICATES OF INSURANCE• ADDITIONAL INSURED ENDORSEMENT Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be cancelled without thirty (30) days prior written notice to CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under this Agreement . CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. AJF559 14 S A M P L E A separate copy of the additional insured endorsement to each of CONTRACTOR ' S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder . 22 . DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged to be bankrupt or makes an assignment for the benefit of creditors or becomes .insolvent, or violates any provision of this Agreement or the Contract Documents , CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost . AJF559 15 S A M P L E 24 . NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof , or any right or duty created herein, without the prior written consent of CITY and the surety. 25 . CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement . No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 26 . STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney' s fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document . Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of one-hundred dollars ($100) for every stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices . CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement . 27. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U. S.C. 1324a regarding employment verification. AJF559 16 S A M P L E 28 . NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 29 . CAPTIONS of the Sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement . 30 . LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder . CONTRACTOR understands that pursuant to Huntington Beach City Charter § 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. REST OF PAGE NOT USED AJF559 17 S A M P L E 31 . ENTIRETY The foregoing represents the entire Agreement between the parties . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. CONTRACTOR CITY OF HUNTINGTON BEACH a municipal corporation of the State of California By: Mayor Print Name Its : President/Vice President/Chariman (circle one) By: Print Name Its : Secretary/Treasurer/Chief Financial Ofc. (circle one) ATTEST: APPROVED AS TO FORM: City Clerk �� w �3 City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Public Works AJF559 18 S A M P L E Bid Bonds Received By •� Dated �7jD' i DATE: Thursday, March 24,, 1994 - 1:30 p.m. ENGINEER'S ESTDIATE: 60 K PROJECT ENGINEER:— Terry Elliott 1 JOB TITLE AND CC# TRAFFIC SIMAL at Yorktam and Delaware; CC-880 Bidder's Name Total Bid Amount 1. B and D Contractors 2. Baxter-Griffiin Ccmpanv 3. D B X, Incorporated q �� 3 k u , o u 4. L and R Electric Q 3 00 r �3 5. McCain Traffic Supply 6. Peek, Signal Control 7. Peek, Traffic `j Q 8. Steiny and C an I Q� i BID BOND AMERICAN BONDING COMPANY Tucson,Arizona 85711 BOND NO: 9381069 KNOW ALL MEN BY THESE PRESENTS, That we, BAXTER-GRIFFIN CO . , INC . ,as Principal,hereinafter called the Principal,and AMERICAN BONDING COMPANY,of Tucson,Arizona,a corporation duly organized under the laws of the State of Arizona,as Surety,hereinafter called the Surety,are held and firmly bound unto CITY OF H U N T I N G T O N BEACH as Obligee,hereinafter called the Obligee,in the sum of TEN THOUSAND AND NO/100---------------------------------- Dollars ($ 10 100 0 . 0 0 ) for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for TRAFFIC SIGNAL INSTALLATION AT YORKTOWN AVENUE AND DELAWARE STREET - HUNTINGTON BEACH , CA NOW,THEREFORE,if the Obligeee 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 8 t h day of MARCH , 19 94 BAXTER-GRIFFIN CO . . INC . ` (Principa Seal) By (Witness) (Title) AMERI BON IN MP Y By (Seal) (Witness) R S P H , (Attorney-in-Fact) 4. t A*RICAN BONDING COMPAIY 9381069 GENERAL POWER OF ATTORNEY Know all men by these Presents, That AMERICAN BONDING COMPANY has made,constituted and appointed,and by these presents does make, constitute and appoint RANDY SPOHN of ANAHEIM, CALIFORNIA its true and lawful attorney-in-fact,for it and in its name, place,and stead to execute on behalf of the said Company,as surety,bonds,undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of TWO MILLION FIVE HUNDRED THOUSAND—($2,500,000) DOLLARS This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 15th day of November, 1991. "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President or a Senior Vice President or a Vice President of the Company,be,and that each or any of them is,authorized to execute Powers of Attorney qualifying the attorney-in-fact named in the given Power of Attorney to execute in behalf of the Company,bonds,undertakings and all contracts of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and that each or any of them hereby is,authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached." In Wirftx=Whereof,AMERICAN BONDING COMPANY has caused its official seal to be hereunto affixed,and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 27th Day of August, 1993. Attest: AMERICAN BONDING COMPANY �j�( �00ND/Np By SEA William R.McKenzie,Assistant Vice President 1930 John C. . h r,Vice President NIj STATE OF ARIZONA ss.: COUNTY OF PIMA On this27thday of August , 1993 ,before me personally came John C.Fisher,to me known,who being by me duly sworn,did depose and say that he is a Vice President of AMERICAN BONDING COMPANY,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. OFFICIAL SEAL CHRISTIE T'URLEY NOTARY PUBLIC CHRISTIE NOTARY PUBLIC My Commission Expires My Commission Expires March 10,1995 March 10, 1995 CERTIF I,the undersigned,an Assistant Secretary of AMERICAN BONDING COMPANY,an Arizona corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the city of Tucson, in the State of Arizona. Dated the 8 t h day of MARCH , 199 4 . �OtJMOfNQ � g � 1� l SEA Florence E.Robert,Assistant Secretary � 1930 t MZ CALIFORNIA ALL-PURPOS CKNOWLEDGMENT AML No.5907 State of CALIFORNIA County of ORANGE On 3/8/94 before me, SUSAN TOGINO , NOTARY PUBLIC , DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared RANDY S P O H N NAME(S)OF SIGNER(S) ' personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OFFICIAL SEAL WIT ESS my hand and official seal. SUSAN TOGINO Notary Public—California ORANGE COUNTY SIGNATURE OF NOTARY My Comm.Exp.June 23,1995 OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BID BOND NO . 9381069 TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED 2 ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 3/8/94 DATE OF DOCUMENT SIGNER IS REPRESENTING: PRINCIPAL NAME OF PERSON(S)OR ENTITY(IES) AMERICAN BONDING COMPANY SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 4 • BOND# 7012152 PREMIUM-NIL CNA INSURANCE COMPANIES BID BOND KNOW ALL MEN BY THESE PRESENTS: That we DBX, INCORPORATED Principal, and CONTINENTAL CASUALTY COMPANY Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH Obligee, in the sum of r TEN PERCENT OF AMOUNT BID Dollars ($ 10% ) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for TRAFFIC SIGNAL INSTALLATION AT YORKTOWN AVENUE AND DELAWARE STREET NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such.time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which.Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. Signed, sealed and dated MARCH 16, 1994 DBX, INCORPORATED BJ Q (Seal) rincipal CONTINENTAL CASUALTY COMPANY C r, by G-23054-A Attorney-in-Fact DIANA LASKOWSKI For All the Caomltments You Make Continental Casualty Compan� • CNA Few All I he l'om m 11 nM•nf.VIM Make* AN ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Illinois, and having its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute and appoint av is I Culbertson, Chuck L. Flake, Linda L. Culbertson, Diana Laskowski , Individually o. Anaheim California Its true and lawful Attorney-in-fact with full power and authority hereby conferred to sign,seal and execute in its behalf bonds,undertakings and other obligatory instruments Of similar nature - In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3.Appointment of Attorney-in-fact.The President or a Vice President may,from time to time,appoint by writtencertificates attorneys-in-fact to act in behalf of the Company in the excecution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature.Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attomey-in-tact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April. 1957. "Resolved,that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 30th day of January , 19_-u. CONTINENTAL CASUALTY COMPANY C. 1) State of Illinois 1 ssCounty of Cook ( J. E. Purtell Vice President. On this 30th day of lantiary( . 19 91 before me personally came J.E. Purtell,to me known,who, being by me duly sworn.did depose and say:that he resides in the Village of Glenview,State of Illinois;that he Is a Vice-President of CONTINENTAL CASUALTY COMPANY,the corporation described in and which executed the above instrument;that he knows the seal of said Corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to the said instrument is such corporate seal,that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. a*C-of Z ;4 J NOTARY N / PUBLIC m co�tCO'`� L inda C. Dempsey tary Public. CERTIFICATE My Commission Expires Oct a 19, 1994 1,George R. Hobaugh,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 3 of Article IX of the By-Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said 16TH MARCH . Company this day of 19 94 CEA 4. George R. Hobaugh Assistant Secretary Form 1.23142•B INV. NO.G-59200-B TRANSANfERICA Transamerica Premier Insurance Company SPECIALTY INSURANCE Home Office: Orange, California Proposal Bond KNOW ALL MEN BY THESE PRESENTS, Bond no.TPI 3220749-16 That we L & R ELECTRIC SERVICE COMPANY, INC. as Principal, and the Transamerica Premier Insurance Company, a corporation under 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 full and just sum of Seven Thousand Five Hundred and no/100 for the payment whereof in lawful money of the United States,we bind ourselves, our heirs, administrators, executors,or successors, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for Traffic Signal Installation l NOW, THEREFORE, if said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful performance of the said con- tract, then this obligation shall be void; otherwise to remain in full force and effect. Provided, however, that if said contract is not awarded within 60 days of the date of bid opening, this bond shall be void and of no force and effect. Signed and Sealed this 24th day March 19 94 L & R ELECTRIC SERVICE COMPANY, INC. Q Q Princ al By: Ell c Tr america Pre i In uran a Compan By Attorney-in-fact Marie C. King B30028A 10-90 T Transamerica Premier Insurance Company J. 1�ERI�1 ARNEY nlstrative Office: Battle creek. Michigan 'hiSURANCE GENERAL POWER OF Power Of Attorney valid only if numbered in red: Know All Men by These Presents, That Transamerica Premier Insurance Company, a corporation duly organized and existing under the laws of the State of California, and having its administrative office in Battle Creek, Calhoun County, Michigan, does by these presents make, constitute and appoint MARIE C. KING of LA CRESCENTA and State of CALIFORNIA its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver CONTRACT BONDS (SBA GUARANTEE AGREEMENT) - MAXIMUM PENALTY $500,000.00 OTHpg CONTRACT BONDS - MAXIMUM PENALTY $100,000.00 ALL OTHER BONDS - MAXIMUM PENALTY $25,000 "THIS POWER OF ATTORNEY SHALL TERMINATE AND BE OF N FURTHER EFFECT AFTER DECEMBER 31, 1994 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company, at a meeting held on the 12th day of June, 1984. "Be It Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any or more suitable persons as Attorney(s)- in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney-in-Fact Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of surety and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, Transamerica Premier Insurance Company has caused these presents to be signed by its VICE PRESIDENT and its corporate seal to be hereto AD., 19 93 affixed this 5th day of NOVEKBER six TR, NSAUEZICA PREMIER INSURANCE COMPANY State of Michigan ;;1iZ RACED By SS.: County of Calhoun ' )ULY 1. 1941 F E C. CRAIG On this 5th day of �NBVEM� * in the year 1993 before me SHERRY NN a notary public, personally appeared FRED C. CRAIG personally known to me to be the person who executed the within instrument as VICE PRESIDENT on behalf of the corporation therein named and acknowledged to me that the corpor tion executed it SHWY ANN IOIi1B NOSY Ri0R0.Calham COIsM1r.1A Notary Public MYCOmebrbn0vI MaplIZ199e I, the undersigned Secretary of Transamerica Premier Insurance Company hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company at a meeting duly called and held on the 12th of June, 1984, and that said resolution has not been amended or repealed: "Resolved, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of the Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEV under my hand and the seal of said Company, this 24th day of March 19 CIL THIS POWER OF ATTORNEY EFFECTIVE ONLY IF Y TPI 3220749-16 Secretary ATTACHED TO BOND NO. 08-90 30024 B S INSURANCE COMPANY OF AMERICA r "+ • G L INSURANCE COMPANY OF AMERICA FIR NATIONAL INSURANCE COMPANY OF AMERICA SAFECO O HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 623057 BID BOND Conforms with The American Institute of Architects, A.I.A. Document No. A-310 KNOW ALL BY THESE PRESENTS, That we, STE I NY AND COMPANY, I NC. as Principal, hereinafter called the Principal, and SAFECO 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 HUNT I NGTON BEACH as Obligee, hereinafter called the Obligee, in the sum of TEN PERCENT ( 10%) OF THE AMOUNT OF THE B I D Dollars (S 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 TRAFFIC SIGNAL INSTALLATION AT YORKTOWN & DELAWARE :ASH CONTRACT #880 31D DATE; MARCH 10, 1994 STOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with he Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or �ontract 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 luch Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty iereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract ,vith another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain n full force and effect. Signed and sealed this 4TH day of MARCH 19 94 STE I NY AND COMPANY, INC. (Seal) Principal Witness [tie; V. Title . SAFE O I SURANCE COMPANY OF AMERICA r Witness B PAMELA JACOBS Attorney-in-Fact QQ Registered trademark of SAFECO Corporation. !4/EP 2193 PRINTED IN U.S.A. ® POWER GENE INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE:SAFECO PLAZA SAFECOQ SEATTLE.WASHINGTON 98185 No. 4288 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ---------------------PAMELA L. JACOBS, Los Angeles, California-------------------------------- its true and lawful attorneys)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business. and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 4 t h day of January , 19 93 P",.?IERSCPJ, DIN D.McLEAN PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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 SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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-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 SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL 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 these corporations. 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 this 4th day of MARCH . 19 94 �E A LQ 1921 S-974/EP 1/93 r OF 4'i t,.\\".t�\ t ��35�i oV� Registered trademark of SAFECO Corporation. BID BOND KNOW ALL MEN BY THESE PRESENTS, That we as Principal, hereinafter called the Principal, and Firemen's Ina of nder the laws of the State of New 7 r_gey , as Surety, hereinafter called the a corporation duly organized u Surety, are held and firmly bound unto as Obligee, hereinafter called the Obligee, - Dollars in the sum of n P r f ($10% of GAB ),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. Signed, sealed and dated this llth day of Marsh 11994 a bid for Traffic signAl Installation at Yorktown Avenue WHEREAS, the Principal has submitted and Delaware Street - Contract No.880 NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the bond bonds Principal s shall ly enter in of ed in the a contract with the Obligee in accordance with the terms of such bid, and g 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 furnishednnsthf the Pe cution nc pal shall pay to thereof, or 'thehObl'geee event�he difference not to exceed f the failure of the Principal to enter such contract and give such bond or bod , the penalty hereof between the amount specifi edwo�kidov'ered by said bidd and such s thenuthisnt oobligation r which hshOalllbe nmay hand void, faith contract with another party to perform th otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee shall, prior to the execution of the contract, furnish evidence satisfactory to the Surety of the Obligee's ability to make payment to the Principal in accordance with the terms of the contract. In Witness Whereof,this instrument has been executed by the duly authorized representatives of the Principal and the Surety. Signal Maintenance, Inc. Princi I � l By. r s Firemen's Insuran e f e`- Suret By. Attorney william R. Purifoy- At -in-fact Printed in U.S.A. BOND 1264G Firemen's Insuonce Company of Newayb New Jersey GENERAL POWER OF ATTORNEY Know all men by these Presents,That the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY has made,constituted and appointed,and by these presents does make,constitute and appoint Wittiam R. Purifoy of Houston, Texas its true and lawful attorney,for it and in its name,place,and stead to execute on behalf of the said Company,as surety,bonds,undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Two Million (2,000,000) Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directorsof the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY at a meeting duly called and held on the 13th day of January,1989: "RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President,an Executive Vice President or a Senior Vice President or a Vice President of the Company,be,and that each or any of them hereby is,authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY,bonds,undertakings and all contracts of suretyship;and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and that each or any of them hereby is,authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. "FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power ofAttomey or certificate bearingsuch facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached." In Witness Whereof,the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Secretaries this gay of September '19 93 FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY Attest: By J.H.Tanner,Vice President ' ' " Matthew Klimczak,Vice President STATE OF CONNECTICUT 1 )} ssa COUNTY OF HARTFORD On this 8day of septenber '19 93before me personally came Matthew Klimczak,tome known,who being by me duly sworn,did depose and say that he is a Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW)ERSEY,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. PEA.�...SFFr3 Ll t GLORIA D.SEEKINS NOTARY PUBLIC CERTIFICATE My Commission Expires' January 31, 1998 I, the undersigned, an Assistant Secretary of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey corporation,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney, is now in force. Signed and sealed at the town of Farmington,the State of Connecticut. Dated the day of /414 M , 19 . W.W.Cowling Assistant Secretary SURETY 5031 (11-92) •��"''�'' ' Printed in U.S.A. THEAR o R A )1 G EFel1W C g1s Y This space is for County Clerk's tiling Stamps szs 04 G,ov.v* c+,Nla An& G 92701 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, SS. County of Orange, Proof of Publication of Notice Inviting Bids CC-880 I om a citizen of the United States and a resident of the County aforesaid; I am over the ape of eighteen Years, and not o party to or interested in the above entitled matter. I am the principal clerk Of the printer of The Orange County Register, a newspoper of general circulation, published in the City of Santo Ano, Paste Clipping of County of Orange, and which newspaper has been Notice odiudped a newspaper of general circulation by the SECURELY Superior Court of the County of Orange, State of In This Space California under the dote of November 29, 1905, Case Number A2104 that the notice of which the annexed is o printed copy, has been published in each regular and PUBLIC NOTICE entire issue of said newSDODer and not in any NOTICE INVITING BIDS Supplement thereof on the following dates, to wit: Nonce ishereCbygivven that sealed bids will be received by the City of Huntinng�tton Beach at the office of me CIN Clerk at City Hall, 211P Main 5Street, Huntington Beach, California, until the hour of 1:30 I Feb. 26, Mar. 2, 6, 1994 pm.on March 10,1994,Pwhicch the will be opened i bl hme N and rend aloud in me Council Chambers for the Traffic Signal In- stallation at Yorktown Avenue and Delaware Sheet In the City of Hun- U , on Beach. of plans,specifications,and other contract documents maayy be obtained on February 24,1994 at the Deparnnent of Public Works,2000 Main Street,Hunting- ton Beach, California, upon re- Gelppl of anon-refundable fee of 540.00. Each bid shall be made on the Proposal Form and in the manner provided rn the contract docu- menu, and soon be occorrpa- hied by a certified or cashier's check or a bid Fond for not less than 10 b of the amount of the bid,made payable to the City of Hrntington Beach.The Contractor shall, in the performance of the i certify (or declare) under Penolity of periury that the work the or improvements, State to ttte Labor Code of the State of California and other laws of the e foregoing is true and correct. state of California applicabl thereto,with the exception only lof e such variations that may be re- f Executed at Santo Ano, California. quires under the h pfo eedistatutes pursuant to which proceedinggss hereunder are taken and whlc_h not been superseded bV the dons of the Labor Code.Pref- e to labor shall be given Finhe manner provided by j hall be considered unlessMarch 14, 94 e on a form furnishedbyDate ........ .. . . . . . . . . . . . . . . . . . . . . . . . . 19 .. . . . .. . .. . . of Huntington Beach and in accordance with the s of the proposal require- aldder must be licensed and also prequalnied as required by law The City Council of the City of Huntington Beach reserves the Signature right to'elect any or all bids. Bgy�order of the City Council of fine Cny of Huntington Beach,Colitor- nia the 7th of February, 1994. Connie Brockway, City Clerk of the City of Huntinngqton Beach 2000 Main Street I714)536-5431 Publish: Feb. 26, Mar,-2, 1994 PROOF OF PUBLICATION t SECTION C. PROPOSAL for the TRAFFIC SIGNAL INSTALLATION AT i YORKTOWN AVENUE AND DELAWARE STREET - CASH CONTRACT No.880 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 CONSECUTIVE CALENDAR DAYS, starting from the date of.the Notice to Proceed. BIDDER declares that this proposal is based upon careful-examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed fora period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCYwill C-1 _ I i reject all bids and will readvertise the project. In the case of discrepancies in' he amounts bid, t - unit prices shall govern over extended amounts, and words shall govern over figures. 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 0 . 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 Date Received Bidder's Signature NO � C-2 Bidders' Name 5/6,kl i.17f PROJECT BID SCHEDULE. Item No. Estimated Item with unit price Unit Price Extended Amount Quantity written in words 1. Lump Sum Install City furnished Controller,cabinet& all equipment to operate as intended f/IJ v Dollars r✓u Cents $ 9��,o o $ Per Unit) 2. Lump Sum Install City furnished Poles, M.A., luminaires, etc. complete l�rF1 of ars �o Cents $ 7 3 5' v o $ . G3 7 3 Lump Sum 3. 16 Furnish&Install 3-Section(12")Vehicle Each Indications %-✓a Cents Each 4. 8 Furnish&Install Pedestrian Indications- Each ""Dollars /=';1,Cents $ G(�/. :Z S, $ Each 5. 8 Furnish&Install Pedestrian-Pushbuttons Each @ !(/ d✓fy Dollars $ �O. �1D . . $ w o Cents Each 6. 4 Furnish&Install Bicycle-Pushbuttons Each @ SEvf 147 Dollars /vo Cents Each 7. ' 4 Furnish&Install Non-Illuminated Each (reflectorized) Street Name Signs complete Dollars _ O..ob � O QO• N� Cents Each 8. 5 Furnish&Install No. 3 1/2 Pullbox Each vo�/c2iL�iv�02 @©/V ' Dollars ,/ d✓r> Cents $ �`�O.vv $ v Each C-ls ,.s Bidders' Name /G/�- �f�✓?F� i✓� �i�v. 9. 6 Furnish&Install No 5 Pullbox Each Dollars ^J�' Cents Each 10. 11 Furnish&Install No..6 Pullbox Each @ �i�'E� .�. Dollars 3 l�0- oZ s'V Cents Each 11. 940 Furnish&Install 1 1/2" conduit complete L.F. (schedule 80 p.v.c.) @ F�,Gf/iN Dollars o $ �/ sa File � T4-u Cents L.F. 12. 130 Furnish&Install 2" conduit complete L.F. (schedule 80 p.v.c.) @ 5/v•-s✓ T/=,�1✓ Dollars T r:✓ Cents L:F. 13. 520 Furnish&Install 3" conduit complete L.F. (schedule 80 p.v.c.) 7`w;"ir7 G+ ✓ Dollars . . /V Cents L.F. - 14. Lump Sum Install City Supplied Type III Service and pedestal complete SiX/�d,vD.t°rJ..S/xry t/dollars $ bJo Cents . Lump Sum 15. .. Lump Sum Furnish&Install all signal, detector, interconnect, service, etc. cable/single conductor wire complete @E,��y�.✓ d„14 -0 Av/Nrf�DO11arS �� .✓a Cents Lump Sum 16. Lump Sum, Install City-Furnished Emergency Vehicle Pre-emption equipment complete Ca?� Tffio � S��Ja �olla=saLS�-vv Cents _. Lump Sum C-3s Bidders' Name S/4�✓ L �,�i�vf�.r�l��✓ �jy`�• 17. 34 Furnish&Install Detector Loops Each 7--,1 d Dollars $ ova $ ,Vo Cents Each 'TOTAL AMOUNT BID IN FIGURES: $ 7f` TOTAL AMOUNT BID IN WORDS: L.2 AJIMev S IX kle . O. C-3s LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion Name of Subcontractor-and Address State License Class of Work Number � � /�.vG,c •�fif �ll-G G P aPtisTk� By submission of this proposal, the Bidder certifies:. . 1. That. he_is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange being first duly sworn, deposes and says that he-or she is of 6"/,.1-����„�/,4 ,tea x 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. SiG.v�L, ,!1�.,1 Name of Bidder Signature of Bidder Address of Bidder Subscribed and sworn to before me this day of 19_ . NOTARY PUBLIC NOTARY SEAL C-4 RIGHT THUMBPRINT(OPTIONAL) State of California W County of Orange 3-17-94 Barbara S.Fukushima,Notary Public CL On before me, (DATE) (NAME,TITLE OF OFFICER-I.E.,"JANE DOE,NOTARY PUBLIC") personally appeared William C. Sondergard CAPACITY CLAIMED BY SIGNER(S) (NAME(S)OF SIGNER(S)) ❑ INDIVIDUAL(S) a CORPORATE SMI OFFICER(S) President ❑ PARTNER(S) (TITLE(S)) a personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence ❑ ATTORNEY IN FACT to be the person(s) whose name(s) is/are sub- ❑ TRUSTEE(S) scribed to the within instrument and acknowledged ❑ GUARDIAN/CONSERVATOR to me that he/she/they executed the same in ❑ OTHER: BAR3A.RA S.FuicusHlMA his/her/their authorized capacity(ies), and that by COMM.*963082 z his/her/their signature(s) on the instrument the z �� Notary Public—California a person(s), or the entity upon behalf of which the SIGNER IS REPRESENTING: ! ORANGE COUNTY person(s)acted, executed the instrument. (NAME OF PERSON(S)OR ENTITY(IES)) My Comm.Expires JAN 24,1997 Witness my hand and official seal. (SEAL) (SIGNATU E OF NOTARY) ATTENTION NOTARY:The information requested below is OPTIONAL.It could,however,prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signer(s) Other Than Named Above WOLCOTTS FORM 63240-ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/FINGERPRINT-Rev.12-92 .0992 WOLCOTTS FORMS.INC. 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 {PROJECT TITLE), (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. Contractor By Title Date: 1, C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE - Has the Bidder, any officer of .the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the space provided. i NOTE: This questionnaire constitutes a part of the Proposal,, and a signature portion of the Proposal shall constitute signature of this questionnaire. - C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the AGENCY_prior to performing any work on this contract: 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 1 By I Title Date: [ j I C-7 UAR R OUn'G D SERVICE ALERP 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 AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: ��/id�L ��i.✓fi/;�i//���/. �itocr Bidder Name Business Address Telephone Number �2,9 C-/p State Contractor's License No. and Class —3 Original Date Issued Expiration Date The work site was inspected by ,,/,) of our office on /�i�.��f/ , 19 The following are persons, firms, and corporations having a principal interest in this proposal: / f; Sv 7"i��S The undersigned are prepared to satisfy the Council of the City of HUNTINGTON Beach of their.-ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. C-9 RIGHT THUMBPRINT(OPTIONAL) State of California Cc County of Orange 3-17-94 Barbara S.Fukushima,Notary Public o On before me, (DATE) (NAME,TITLE OF OFFICER-I.E.,-JANE DOE,NOTARY PUBLIC") personally appeared William C. Sondergard CAPACITY CLAIMED BY SIGNER(S) (NAME(S)OF SIGNER(S)) ❑ INDIVIDUAL(S) Lk CORPORATE sMrtT OFFICER(S) President ❑ PARTNER(S) (TITLE(S)) 5a personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence ❑ ATTORNEY IN FACT to be the person(s) whose name(s) is/are sub- ❑ TRUSTEE(S) scribed to the within instrument and acknowledged ❑ GUARDIAN/CONSERVATOR to me that he/she/they executed the same in ❑ OTHER: his/her/their authorized capacity(ies), and that by BARBARA S.FUKUSHIMA his/her/their signature(s) on the instrument the comm,*993082 Z person(s), or the entity upon behalf of which the SIGNER IS REPRESENTING: z :`� Notary Public—California person(s) acted,executed the Instrument. (NAME OF PERSON(S)OR ENTITY(IES)) ~` ORANGE COUN Y Witness my hand and official seal. .�.a My Comm.Expires JAN 24,1997 ) (' q VIM (SEAL) (SIGNATURE OF NOTARY) ATTENTION NOTARY:The information requested below is OPTIONAL.It could,however,prevent fraudulent attachment of this certificate to any unauthorized document. I ` THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above WOLCOTTS FORM 63240—ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/FINGERPRINT—Rev.12-92 c.1992 WDLCOTTS FORMS,INC. Co Name Sig ature of Bidde roeE-R AR-b Printed or Typed Signature 22 x Address of Bidder "57 ( 710 Telephone Number Subscribed and sworn to before me this day of , 19_ . 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: l ��f� di l�0���9, �U s � �� �� ot✓o G� 9/76 Name and Address Name and Telephone No. of Project Manager: 5 /mod'/% /"/y/'_ 9 Goo 7,1 -S Contract Amount Type of Work Date Completed 2. �yv.✓fz, of R�u��s�oc, y��o.0� o,� sT it��F�s,>c,�.A gz S ai Name and Address Name and Telephone No. of Project Manager:_C_,� /-Jrz ,-fa>✓����� Contract Amount Type ofWork Date Completed 3. c B f �AAIC lld G, C-,vw 0meG ' /a chi/ y+(t y�, '.�Nv/� Cot,4^":&G OCo Name and Address Name and Telephone No. of Project Manager: ✓�D/f 13/= ,� f lr>i� �� /fir Contract Amount Type of Work Date Completed .J C--10 0 i, CITY OF HUNTINGTON BEACH 2000 MAIN STREET P. 0. BOX 190 CALIFORNIA 92648 Louis F. Sandoval Public Works Department Director INSTALLATION OF TRAFFIC SIGNAL at (714) 536-5431 YORKTOWN AVENUE AND DELAWARE STREET CASH CONTRACT 880 ADDENDUM NUMBER 1 February 25, 1994 Notice To All Bidders: The following revisions/corrections shall be included in the bid documents. 1) The bid opening date for the installation of the traffic signal at Yorktown Avenue and Delaware Street is amended to March 24, 1994 at 1:30 p.m. Please change the Specifications Cover Sheet, and Sheet A-1. 2) The following is hereby added to the Special Provisions of the project specifications: 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 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 hours/day or more than 40 hours/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 hours or less/day $225.00 4 hours to 8 hours/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 hours/day or more than 40 hours/week, the Special Inspection fee requirements will be waived. I Page 2 February 25, 1994 Traffic Signal at Yorktown/Delaware CC-880 Addendum No. 1 3) Please add the following modifications to the contract documents. a) This project is financed with Federal funds. Therefore, all statutes, rules, and regulations including, but not limited to, payment of minimum wages and required by the Federal government for Federal aid construction projects shall apply to this project. (See attached Federal Labor Standards.) b) The current general wage determinations at the time of the Notice to Proceed shall apply to this project, but for bidding purposes we are attaching recently published government wage rates. c) In the Specifications, delete Section D, "Sample Contract" in its entirety and replace with "Federal Funded Sample Contract." All bidders are requested to acknowledge the receipt of this Addendum with your bid proposal. Please be advised that the Engineer's Estimate for this project remains unchanged by these revisions. Should you have any questions regarding this Addendum, please call me at (714) 536-5580. Sincerely, Terri A.A. Elliott, P.E. Associate Traffic Engineer TAE:tae add]880.doc This is to acknowledge receipt and review of Addendum Number 1, dated February 24, 1994. It is understood that this revision of the new document shall be included in the Bid Documents. Company Name By ,WleC fd /I / 9 i y Date I 134= K '\:J�SIGNAL MAINTENANCE INC. A Peek company. Signal Maintenance Inc. CITY CLERK, CITY OF HUNTINGTON BEACH c 2283 Via Burton St. z Anaheim,California 92806 2000MAIN STREET HUNTINGTON BEACH , CA 92648 -- SEALED BID FOR TRAFFIC SIGNAL INSTALLATION AT --__ YORKTOWN AVENUE AND DELAWARE STREET . t. CASH CONTRACT NO . 880 BID DATE MARCH 24 , 1994 TIME 1 : 30 PM