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SIGNAL MAINTENANCE, INC. - 1993-05-17
SZ' boo, 35 CITY OF HUNTINGTON BEACH LA JR) Lok-9 INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To THOSE LISTED HEREON From ADMINISTRATIVE SERVICES Accounting `'& Records Subject 10% R`C'Z5�ON PAYMENT Date Z O - T' CC e- 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. AII T. NVqLLELLA Director of Finance I certify that no stop notices are on file on th subject contr at this time. I kv--..4 Date: `' L UIS F. SIANDOVAL Public Wort or s Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: CONNIE BROCKWAY City Clerk I certify that there are no outstanding invoices on file. Date: DONALD WATSON City Treasurer Q t^ 0574J 4 WH EN RECORDED MAIL TO: City of Huntington Beach TUS: Office of the City Clerk .1- QG?G?? L - Turc r�nriu�csv'r P. 0. Box 190 WAS REr! nEn 00 01-FEB-1994. Huntington Beach, CA 92648 DOr IMMEtur NUIMIKG 914-CC75644. I.r VIIL IiI Ii UI{ {i J L Ev 4 u su%iJ. Mi N T Y �;.�.PANiCD nfi"N" ;nil TY nECN!'IER B=Frrr NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Signal Maintenance, Inc. , 2283 Via Burton Street, Anaheim, CA 92806 who was the company thereon for doing the following work to-wit: Installation of WWV Time Source Receivers at Fourteen Locations, CC-885. Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648 Site: Goldenwest/Magnolia/Bolsa Chica Road Nature of Interest: easement That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on January 3, 1994. That upon said contract the Amwest Surety Insurance Company was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 19th day of January, 1994. City Clerk and ex-officio erk 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 herehy 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 19th day of January, 1994. This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code City Clerk an ex-officio erk Sec. 6103 and should be recorded of the City Council of tW City free of charge. of Huntington Beach, California 1154K/1488K REQUEST FOR CITY COUNCIL ACTION Date: January 3, 1994 Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL Submitted by: Michael T. Uberuaga, City Administrato t Prepared by: Louis F. Sandoval, Director of Public Works . r Subject: Installation of WWV Time Source Receivers, C-885 Cn cLER NOTICE OF COMPLETION Consistent with Council Policy? [X] Yes [] New Policy or ExceptionQ.*.� Statement of Issue, Recommended Action, Analysis, Environmental Status, Funding Source, Alternative Action, Attachments: STATEMENT OF ISSUE: Signal Maintenance, Incorporated, has completed the Installation of WWV Time Source Receivers project; Cash Contract 885. RECOMMENDED ACTION: 1. Accept the improvements of Cash Contract 885, Installation of WWV Time Source Receivers, and authorize the City Clerk to File the Notice of Completion; 2. Approve the total project cost of$42,549.61. ANALYSIS On May 17, 1993, the City Council awarded a contract to Signal Maintenance, Inc., for the Installation of WWV Time Source Receivers project, Cash Contract 885. Signal Maintenance 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: $38,240.00 $38,549.61* Construction Change Orders: $3,824.00 $4,000.00 Supplemental Expenses: $2,936.00 $0.00 Total: $45,000.00 $42,549.61 As the Cost Summary indicates, a savings of$8,400 occurred as a result of the actual expenditures being nearly 4.6% less than estimated. * Contract amount reflects actual quantities for the installation. WWV Time Source Receivers Cash Contract 885 January 3, 1994 Page 2 ENVIRONMENTAL STATUS: N/A FUNDING SOURCE: Sufficient Measure M, grant funds were budgeted and available in account E-SX-PW-978-643-00 for this project. ALTERNATIVE ACTION: N/A ATTACHMENTS: None MTU:LFS:JDO:tae �� CITY OF HUNTINGTON BEACH ACCOUNTS PAYABLE DEMAND INVOICE VENDOR NAME L I_LI_IJ_I Ll-L III I LI VENDOR NUMBER I_IJ._IJJ_I_I_I_1 (IF RNOt934 PURCHASE ORDER # LIJ_IJJJ (IF APPLICABLE) �'Q; ASSIGNED INVOICE # c I_"1=1.g,X DATE REQUEST I�IlfI SENT DATE CHECK DESIRED ACCOUNT NUMBER Acm IJ - IJ_I - LIJ - LI_I_I - IJ - IJ - IJ $IJ_I•U_IJ•I___IJI.IJJ 1_I - I_IJ - IJ - LI_LI - 1-1 - I_LI - IJ_I $IJ_I•IJ_IJ•LLLI•LJ_I IJ - LU - L-J - LIJJ - LI - IJJ - LIJ $LLI•I_I_IJ•I I. I I•LIJ 1_I - LIJ - IJJ - IJJ_I - 1-1 - LIJ - 1_IJ $I_LI•LI_I_I•IJJ_I•LI_I IJ - LIJ - I_IJ - LIJJ - LI - IJJ - L1J $LLI•IJJJ•I_IJJ•LLI LI - LIJ - LIJ - LI_LI - IJ - LL - IJJ $IJJ•IJIJ•L i l l•LI_I IJ - LI_I - LLI - I_IJJ - LI - LIJ - LI_I $LIJ•IJJJ•I I I I•LIJ TOTAL $LIJ,LLLJ•l I I I•LIJ M9MMffid (IlM XnMM nNaNOMI Z� ffi�"liP�T iL piL AamuPIIm MW Ws fam 3s to be and vlm pooae W paw to=p miss ar bdivift& fw a ddi w inxdm®dsts. WHEN PECORQED MAIL TO: City of Huntington Beach Office of the City Clerk ?uE nGTrTubi nr rare r��1r��sFur WAS REr RDEn ON gi-FEB9-199a. P. 0. Box 190 Huntington Beach, CA 92648 I 'CU11L.1+1 ��`�M�S n�_n075{�40' nfiAiN E ;rUNiY RECr,RrER" IrFICE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Signal Maintenance, Inc. , 2283 Via Burton Street, Anaheim, CA 92806 who was the company thereon for doing the following work to-wit: Installation of WWV Time Source Receivers at Fourteen Locations, CC-885. Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648 Site: Goldenwest/Magnolia/Bolsa Chica Road Nature of Interest: easement That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on January 3, 1994. That upon said contract the Amwest Surety Insurance Company was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 19th day of January, 1994. City Clerk and ex-officio erk 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 19th day of January, 1994. This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code City Clerk an ex-officio erk Sec. 6103 and should be recorded of the City Council of ttwCity free of charge. of Huntington Beach, California 1154K/1488K REQUEST FOR CITY COUNCIL ACTION Date: January 3, 1994 Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL Submitted by: Michael T. Uberuaga, City Administrato — 19. Prepared by: Louis F. Sandoval, Director of Public Works Subject: Installation of WWV Time Source Receivers, C-885 crr r cLER1 NOTICE OF COMPLETION Consistent with Council Policy? [X] Yes [] New Policy or ExceptionQ.4V Statement of Issue, Recommended Action, Analysis, Environmental Status, Funding Source, Alternative Action, Attachments: STATEMENT OF ISSUE: Signal Maintenance, Incorporated, has completed the Installation of WWV Time Source Receivers project; Cash Contract 885. RECONZIENDED ACTION: 1. Accept the improvements of Cash Contract 885, Installation of WWV Time Source Receivers, and authorize the City Clerk to File the Notice of Completion; 2. Approve the total project cost of$42,549.61. ANALYSIS: On May 17, 1993, the City Council awarded a contract to Signal Maintenance, Inc., for the Installation of WWV Time Source Receivers project, Cash Contract 885. Signal Maintenance 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: $38,240.00 $38,549.61* Construction Change Orders: $3,824.00 $4,000.00 Supplemental Expenses: $2,936.00 $0.00 Total: $45,000.00 $42,549.61 As the Cost Summary indicates, a savings of$8,400 occurred as a result of the actual expenditures being nearly 4.6% less than estimated. * Contract amount reflects actual quantities for the installation. q t WW'rV Time Source Receivers Cash Contract 885 January 3, 1994 Page 2 ENVIRONMENTAL STATUS: N/A FUNDING SOURCE: Sufficient Measure M, grant funds were budgeted and available in account E-SX-PW-978-643-00 for this project. ALTERNATIVE ACTION: N/A ATTACHMENTS: None MTU:LFS:JDO:tae �� THIS FILE NEEDS• _ Declaration of Satisfaction of Claim Certificate of Compliance ✓Maintenance Bond IN ORDER TO RELEASE THE 10% RETENTION FUNDS Chris Cleary, Deputy City Clerk Office of the City Clerk City of Huntington Beach a WHEN RECORDED MAIL TO: City of Huntington Beach TUr nOTrYQI nr TUTC nnrlWruT Office of the City Clerk ��,•�-�,�- I.- P. 0. Box 190 WAS RECORDED 8N 01-FEB-1994, Huntington Beach, CA 92648 DOC'UiENT 01BER 94-0075640. i i� A. W AN�vil i Pili iu i G`�NK-TiQ ORANGE rLDiaNT7 RE^ORDER'S OFFICE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Signal Maintenance, Inc. , 2283 Via Burton Street, Anaheim, CA 92806 who was the company thereon for doing the following work to-wit: Installation of WWV Time Source Receivers at Fourteen Locations, CC-885. Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648 Site: Goldenwest/Magnolia/Bolsa Chica Road Nature of Interest: easement That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on January 3, 1994. That upon said contract the Amwest Surety Insurance Company was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 19th day of January, 1994. City-C1 erk -and ex-offi ci o erk 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 19th day of January, 1994. This document is solely for the official business of the City _ of Huntington Beach, as contem iel�� - plated under Government Code City Clerk an ex-officio erk Sec. 6103 and should be recorded of the City Council of tW City free of charge. of Huntington Beach, California 1154K/1488K 5T �oo.SS WHEN RECORDED MAIL TO: City of Huntington Beach DOC # 94-007'5640 Office of the City Clerk 01`—Ferro, i i`3— ; ":ti P. 0. Box 190 Huntington Beach, CA 92648 Recorded in Official Records of Oranse County, California Page I of 1 Fees: s 0.00 ?a'ri: ; nn .VJ NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Signal Maintenance, Inc. , 2283 Via Burton Street, Anaheim, CA 92806 who was the company thereon for doing the following work to-wit: Installation of NW Time Source Receivers at Fourteen Locations, CC-885. f Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648 Site: Goldenwest/Magnolia/Bolsa Chica Road Nature of Interest: easement ��•� That said work was completed by said company accordi ng,*to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on January 3, 1994. That upon said contract the Amwest Surety Insurance Company was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 19th day of January, 1994. City Clerk and ex-officio erk 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 19th day of January, 1994. This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code City Clerk an ex-officio erk Sec. 6103 and should be recorded of the City Council of tW City free of charge. of Huntington Beach, California 1154K/1488K w REQUEST FOR CITY COUNCIL ACTION Date: January 3, 1994 Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL Submitted by: Michael T. Uberuaga, City Administrato t Prepared by: Louis F. Sandoval, Director of Public Works Subject: Installation of WWV Throe Source Receivers, C-885 c cLEx NOTICE OF COMPLETION Consistent with Council Policy? [X] Yes [] New Policy or Exception47.0.� Statement of Issue, Recommended Action, Analysis, Environmental Status, Funding Source, Alternative Action, Attachments: STATEMENT OF ISSUE: Signal Maintenance, Incorporated, has completed the Installation of WWV Time Source Receivers project; Cash Contract 885. RECOMMENDED ACTION: 1. Accept the improvements of Cash Contract 885, Installation of WWV Time Source Receivers, and authorize the City Clerk to File the Notice of Completion; 2. Approve the total project cost of$42,549.61. ANALYSIS: On May 17, 1993, the City Council awarded a contract to Signal Maintenance, Inc., for the Installation of WWV Thme Source Receivers project, Cash Contract 885. Signal Maintenance 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: $38,240.00 $38,549.61* Construction Change Orders: $3,824.00 $4,000.00 Supplemental Expenses: $2,936.00 $0.00 Total: $45,000.00 $42,549.61 As the Cost Summary indicates, a savings of$8,400 occurred as a result of the actual expenditures being nearly 4.6% less than estimated. * Contract amount reflects actual quantities for the installation. V I WWV Time Source Receivers Cash Contract 885 January 3, 1994 Page 2 ENVIRONMENTAL STATUS: N/A FUNDING SOURCE: Sufficient Measure M, grant funds were budgeted and available in account E-SX-PW-978-643-00 for this project. ALTERNATIVE ACTION: N/A ATTACHMENTS: None MTU:LFS:JDO:tae �0 WHEN RECORDED MAIL TO: City of Huntington Beach Office of the City Clerk P. 0. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Signal Maintenance, Inc. , 2283 Via Burton Street, Anaheim, CA 92806 who was the company thereon for doing the following work to-wit: Installation of WWV Time Source Receivers at Fourteen Locations, CC-885. Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, California 93648 Site: Goldenwest/Magnolia/Bolsa Chica Road Nature of Interest: easement That said work was completed by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on January 3, 1994. That upon said contract the Amwest Surety Insurance Company was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this 19th day of January, 1994. City Clerk and ex-officio erk 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 19th day of January, 1994. This document is solely for the official business of the City of Huntington Beach, as contem- plated under Government Code City Clerk an ex-officio erk Sec. 6103 and should be recorded of the City Council of tW City free of charge. of Huntington Beach, California 1154K/1488K CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 8, 1993 Signal Maintenance,.=.Inc. 2283 Via Burton Street Anaheim, CA 92806 RE: Construction Of Installation of WWV Time Source Receivers at fourteen locations , PROJECT CC-885 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. The Declaration of Satisfaction of Claims and the 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 Don Noble, Contracts Administrator, 536-5441 . Connie Brockway City Clerk CB:bt Enc: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance Telephone:714-536-5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK �E7 t V E 0 CONNIE ITYCLERAY K CITY JUN 1019y3 June 8, 1993 SIGNAL MAINTENANCE Signal Maintenance, Inc. 2283 Via Burton Street Anaheim, CA 92806 RE: Construction Of Installation of WWV Time Source Receivers at fourteen locations PROJECT CC-885 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. jhe Declaration of Satisfaction of Claims and the ' 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 Don Noble, Contracts Administrator, 536-5441 . Connie Brockway City Clerk CB:bt Enc: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance (Telephone:714-536-5227) from the desk of: CHRISTINE CLEARY Deputy City Clerk City of Huntington Beach f P.O. Box 190 SEP Z 3 43 wit Huntington Beach, CA 92648 (714) 536- 209 ��yy C- ���S1®®��{ �r d` �.. y l rTOIRMEP OT! IF HuNrrn"';'1U)* SEAC14 AMWEST SURETY INSURANCE COMPANY = WOODLAND HILLS, CALIFORNIA BOND NO. 007004234 ORIGINAL PREMIUM INCLUDED PERFORMANCE BOND MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, SIGNAL MATNTEN_ANCF, TN(-- (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation, organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of CALIFORNIA , (hereinafter called Surety), as Surety, are held and firmly bound unto (hereinafter called Obligee), in the sum of THREE THOnSAND RIGHT RrRMRRn 35EMTV EQrM and nn4100 DOLLARS ($-A A24_nn ), lawful money of the United States of America, to be paid to the said Obligee, or its successors or assigns, to the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal entered into a contract with the said Obligee, dated , for SIGNAL MODIFICATIONS VARIOUS LOCATIONS CASH CONTRACT 0885 HUNTINGTON BEACH, CA and, WHEREAS, the Obligee requires that these presents be executed on or before the final completion and acceptance of said contract and WHEREAS said contract was completed and accepted on the day of , 19 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall remedy without cost to the Obligee, any defects which may develop during a period of ONE YEAR from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior materials or workmanship, then this obligation shall be void; otherwise it shall be and remain in full force and effect. SIGNED, SEALED AND DATED THIS 22ND DAY OF J1JNE , 19 93 SIGNAL MA1NTF_NAYCE . C. Appg0-1ED AS TO FOEI[2 s�'`�r rNSr1R - -- Pr' cipal �tAIL Ht1TTON ` a, rfo I TY AT OR = Deputy City Attorney AMWEST SURETY IN U P COMPANY C4lli I' By. - UN-A3014 7;88 Attorney-in-Fact I have received for on behalf of the Treasurer's Office. Dated By: AMWEST SURETY INSURANCE COMPANY = WOODLAND HILLS, CALIFORNIA BOND NO 007004234 ORIC-71NAL PREMIUM INCLUDED PERFORMANCE BOND MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, SIGNAL MAINTENANCE, TNC- (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation, organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of CALIFORNIA , (hereinafter called Surety), as Surety, are held and firmly bound unto (hereinafter called Obligee), in the sum of THRRR TRQUIRAND F.Tr.FFT F UNDRRn g%MM'PY FOUR and rT00 DOLLARS ($-i-R2d_an ), lawful money of the United States of America, to be paid to the said Obligee, or its successors or assigns, to the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents WHEREAS, the Principal entered into a contract with the said Obligee, dated , for SIGNAL MODIFICATIONS VARIOUS LOCATIONS CASH CONTRACT 0885 HUNTINGTON BEACH, CA and, WHEREAS, the Obligee requires that these presents be executed on or before the final completion and acceptance of said contract and WHEREAS said contract was completed and accepted on the day of , 19 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall remedy without cost to the Obligee, any defects which may develop during a period of ONE YEAR from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior materials or workmanship, then this obligation shall be void, otherwise it shall be and remain in full force and effect SIGNED, SEALED AND DATED THIS 22ND DAY OF JUNE 19 93 SIGNAL MAINTF—NA C-7 . C IMsuR4,�f `- Pr cipal ti sW o"r°'yrfo V. By ! ' *4 � AMWEST SURETY IN IJ � COMPANY 04LliOR1N' llBY UN-A3014 7;88 '�_ Attorney-in-Fact f _ - SIGNAL MAINTENANCE INC. June 30, 1993 Ms. Connie Brockway City Clerk CITY OF HUN'TINGTON BEACH 2000 Main STreet Huntington Beach, California 92648 RE: CM-6 WWV Time Receiver Installation Cash Contract 885 SCC Job Number 10-241 Dear Ms. Brockway: Per your correspondence of June 8, 1993, enclosed please find a maintenance boned, which is included with the performance bond, for the above referenced work. This bond includes specific wording for a one year warranty. Should you have any questions or require additional information, please feel free to contact either Martin Eicbmann or myself at (714)563-4000. Sincerely, SIGNAL MAINTENANCE, INC. Marg r to C. Ottosson Const ction Department /mco Enclosures 2283 Via Burton St., Anaheim, CA 92806 3395 Viso Ct., Santa Clara, CA 95054 9932 Prospect Ave., Unit 137, Santee, CA 92071 AX(714)563-3178 FAX)(408)988-1424 F6AX)(6�448.7227 5T (�oosS I have received the Faithful Performance Bond and the Labor and Materials bond for Signal Maintenance: Inc. for WWV Time Source Receiver Installation - CC-885 on behalf of the Treasurer's Office. Dated By:/� PAGE ONE OF TWO PAGES AMWEST SURETY INSURANCE COMPANY WOODLAND HILLS, CALIFORNIA BOND NO. 007004234 BOND PREMIUM BASED ON -- PREMIUM $1,147.00 FINAL CONTRACT PRICE Premium based on final contract price. PERFORMANCE BOND Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SIGNAL MAINTENANCE, INC. 2283 VIA BURTON STREET ANAHEIM, CA 92806 OWNER (Name and Address): CITY OF HUNTINGTON BEACH 2000 MAIN STREET APPROVED AS TO FOFX9 HUNTINGTON BEACH, CA92648 CAIL 1'.UTTON CITY AT' RITEYY SURETY (Name and Principal Place of Business): By. AMWEST SURETY INSURANCE COMPANY Deputy City AttOrney 100 CALIFORNIA ST., SUITE 1160 SAN FRANCISCO, CA 941 1 1-4508 CONSTRUCTION CONTRACT Date: Contract Number: Amount: Thirty Eight Thousand Two Hundred Forty and 00/100 Dollars ($38,240.00). Description (Name and Location): SIGNAL MODIFICATIONS VARIOUS LOCATIONS CASH CONTRACT 0885 HUNTINGTON BEACH, CA BOND Amount: Thirty Eight Thousand Two Hundred Forty and 00/100 Dollars ($38,240.00). Signed,sealed and dated this 1st day of JUNE, 1993. SIGNAL MAINTENANCE, INC. Principal By: Ei'r IMSIAA<� Signature of Principal i'~ AMWEST SURETY INSURANCE COMPANY �o ��r�•1��y SHARLEI, JE FR NCO Attorney-In-Fact �41o11M11A . Y � \ g(nat A -in-Fact UN-A3oo 1 12/91 1 ISFP NFYT PARF FAR TFAUR ANn 1`nNn1'nnNS1 PAGE TWO OF TWO PAGES AMWEST SURETY INSURANCE COMPANY � Performance Bond BOND NO. 007004234 1. The Contractor and the Surety, jointlyand severally, bind themselves, their heirs,execu(olg edmirntstraAt§% 98 & and assigns to the Owner for the performance of fhre Construction Contract,which is incorporated herein by refeiiAi� RUT TON 2. If the Contractor performs the Construction Contract, the Surety and the Contractor sfiallTh Ij IYor1 rider this Bond, except to participate in conferences as provided in Subparagraph 3.1. By:(� 3. If there is no Owner Default,the Surety's obligation under this Bond shall arise after. Deeputy City gtt ore 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contract Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract If the Owner,the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1;and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. After the Owner has declared Contractor in default and has satisfied the conditions of Paragraph 3, and the Surety has conducted its own prompt and reasonable investigation as to whether or not the Contractor's default has actually occurred,the Surety may at its own option elect one or more of the following actions: 4.1 Arrange for the Contractor,with consent of the Owner,to perform and complete the Construction Contract;or 4.2 Undertake to perform and complete the Construction Contract itself,through its agents or through independent contractors;or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Constriction Contract, arrange for a contract to be prepared for execution by the Owner and the Contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default;or 4.4 Waive its right to perform and complete, arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and as soon as practicable after the amount is determined,tender payment therefor to the Owner,or .2 Deny liability in whole or in part and notify the Owner citing reasons therefore. 5. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1,4.2, or 4.3 above,then the responsrbdites of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract,the Surety is obligated without duplication for. 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;and 6.2 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7.The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators or successors. 8. The Surety hereby waves notice of any change,including changes of lime,to the Construction Contract or to related subcontracts,purchase orders and other obligations. 9. Any proceeding,legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within six months after Contractor Default or within six months after the Contractor ceased working or within six months after the Surety refused or fails to perform its obligations under this Bond,whichever occurs first If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10.Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or other legal requirement shall be deemed incorporated herein. 12.DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,or reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract 12.2 Construction Contract The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived,to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms hereof. 2 UN-A3001 12l91 PAGE ONE OF TWO PAGES AMWEST SURETY INSURANCE COMPANY WOODLAND HILLS, CALIFORNIA BOND NO. 007004234 PREMIUM $1,147.00 Premium included in performance bon( PAYMENT BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SIGNAL MAINTENANCE, INC. 2283 VIA BURTON STREET ANAHEIM,CA 92806 OWNER (Name and Address): APPROVED A CITY OF HUNTINGTON BEACH GAIL HUTTON TO g0 � 2000 MAIN STREET C TI' ATTOR Y HUNTINGTON BEACH, CA 92648 uty SURETY (Name and Principal Place of Business): City Attorney AMWEST SURETY INSURANCE COMPANY 100 CALIFORNIA ST., SUITE 1160 SAN FRANCISCO, CA 94111-4508 CONSTRUCTION CONTRACT Date: Contract Number: Amount: Thirty Eight Thousand Two Hundred Forty and 00/100 Dollars($38,240.00). Description (Name and Location): SIGNAL MODIFICATIONS VARIOUS LOCATIONS CASH CONTRACT 0885 HUNTINGTON BEACH, CA BOND Amount: Thirty Eight Thousand Two Hundred Forty and 00/100 Dollars ($38,240.00). Signed, sealed and dated this 1st day of JUNE, 1993. SIGNAL MAINTENANCE, INC. Principal By: Uj. Signature of Principal AMWEST SURETY INSURANCE COMPANY _SH O _A -Fact Sigrnat e o Attorney-in-Fact 1� UN-A300212/91 (SEE NEXT PAGE FOR TERMS AND CONDITIONS) PAGE TWO OF TWO PAGES '• AMWEST SURETY INSURANCE COMPANY Payment Bond BOND NO. 007004234 1. The Contractor and the Surety, jointly and severally, bind themselves, thew heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference. 2. With respect to the Owner,this obligation shall be null and void d the Contractor: 2.1 Promptly makes payment,directly or indirectly,for all sums due Claimants,and 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suds by any person or entity whose labor, materials or equipment were furnished for use in the performance of the Construction Contract,provided the Owner has promptly noted the Contractor and the Surety(at the address described in Paragraph 11)of any claims, demands, liens or suits and tendered defense of such claims,demands,liens or suds to the Contractor and the Surety and provided there is no Owner Default 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly,for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety at P.O. Box 4500, Woodland Hills, California 91365-4500 and sent a copy,or notice thereof,to the Owner,stating that a claim is being made under this Bond and,with substantial accuracy,the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or Iasi fumshed materials or equipment included in the claims stating,with substantial accuracy,fhe amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety at P.O. Box 4500, Woodland Hills, California 91365-4500 and sent a copy, or notice thereof,to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5.If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety,that is sufficient compliance. 6.The Surety's total obligation shall not exceed the amount of this Bond,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 7. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond,subject to the Owner's priority to use the kinds for the completion of the work 8. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract The Owner shall not be liable to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 9. The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. 10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of six months from the date(1)on which the claimant gave the notice required by Paragraph 4.1 or Clause 4.2.3 or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 11. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address specified or shown on the signature page. Actual receipt of notice by Surety,the Owner or the Contractor,however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 12. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. 13. Upon request by any person or entity appearing to be a potential, beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 14. DEFINITIONS 14.1 Claimant An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract.The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 14.2 Constriction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 14.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. UN-A3002 12191 2 990199 BOND NUMBER POWER NUMBER N C T VALID FOR BONDS -75 EXE� UTED ON OR AFTE 007004234 0 0 0 22 3 9 12 4-13-94 13RINCIPAT: _PENAL.SUM SIGNA1;rAA 51,147.00 OBLIGEE _ This document is printed on multi-colored security paper with black and red ink,with border in blue ink and bears the raised seal of Amwest Surety Insurance Company (the "Company") Only unaltered originals of this Power of Attorney are valid This Power of Attorney is valid solely in connection with the execution and delivery of the bond noted above and may not be used in conjunction with any other power of attorney No representations or warranties regarding this Power of Attorney may be made by any person This Power of Attorney is governed by the laws of the State of California Any power of attorney used in connection with any bond issued by the Company must be on this form and no other form shall have force or effect KNOW ALL MEN BY THESE PRESENTS,that Amwest Surety Insurance Company,a California corporation (the "Company"), does hereby make, constitute and appoint R SHARLENE FRANCOrm ®® ® AS AN EPPLOYE£ OF AN'vIEST S03ETY INSURANCE COMPANY EI®®O' ®® its true and lawful Attomey-in-Fact,with limited power and authority for and on behalf of the Company as surety, END ®®®®® to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, �®ELM01 it NNOM recognizances or other written obligations in the nature thereof as follows IEW pm 2®ON DID IM a 9 13id :3onds up to $YY1,000 ,000 . 00 a ON 09 Contract (Performance & Payient) , Court, Subdivision $Y-1,000 ,000 .0 ggw-®1 ®®®®®no 99 License & Permit Bonds up to $Y�1,000,000 .00 ®®�© N®®®® Mi scel taneous Bonds up to $'-1 000 000 .00 HER1E 90909 2®®®® Saall Business Administration Guaranteed Bonds up to $YT1,250 ,000.0 ®LG EHNEN ©® AREEN APPPCVEO AS TO FOB GGr_t" ®®®®® GAIT, ii- TON ®® l ®®®® C T T i ATTORNEY,,EN ggNff DIE r'Gu� ®®®®© and to bind the Company thereby This appointment is made under acid la}t� y Qjl(}i{ Laws of the n ®©C®EO]e Company, which are now in full force and effect ©®®©C ©gDogro, CERTIFICATES , -_ ©10AWE 1, the undersigned secretary of Amwest Surety Insurance Company, a California corporation, 7Lg " DO HEREBY CERTIFY that this Pouter of Attorney remains in full force and effect and has not been revoked G-`: ©L° and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant z ' x prof isions of the By-Laws of the Company, are now in full force and effect �= 21hk Signed and sealed at SAN FRANCISCO this 1ST day of JUNE 19 43_ � 'tP ` J0 00223912 — 75 r�®X 1r®Cs_ ® Karen G Cohen, Secretary P rM C-'7(JLTLJ UL P IN U LJ _ (MMIDDfM ..... ........... a A'A .................... /26/93 MIMI. 1, T MN i .N.M ISSUE DATE .. -R.....ItLz PAODUCER THIS CERTIFICATE IS ISSUED AS MATTER -FINFORMATION TNLYAND Marsh & McLennan, Incorporated CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Three Embarcadero Center POLICDOES ES BELOW.END,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE P. O. Box 193880 San Francisco, CA 94119-3880 COMPANIES AFFORDING COVERAGE Regina M. Carter COMPANY m7TER A NATIONAL UNION FIRE INS. CO. COMPANY INSUMD LETTER B AMERICAN HOME ASSURANCE CO SIGNAL MAINTENANCE, INC. COMPANY c Signal Maintenance/Peek Corp. LETTER 2283 Via Burton Street COMP Anaheim, CA 92806 LETTERANY D COMPA LETTER w E 0 OWN A 19 1 WE"0 NO 0 MW THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE(MM/DD^ DATE(MM/DDIM UMffS • GENERAL LIABILITY GL 590-6811 3/12/93 3/12/94 GENERAL AGGREGATE 6 2000000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. 6 2000000 r;;71 --]CLAIMS MADE I " OCCUR. $ 1000000 PERSONAL&ADV.INJURY OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE = 1000000 FIRE DAMAGE(Any one 11re) = 100000 MED.EXPENSE(Any one person) S 10000 • AUTOMOBILE LIABILITY CA 118-8492 3/12/93 3/12/94 COMBINED SINGLE x ANY AUTO LIMIT S 2000000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) S GARAGE LIABILITY PROPERTY DAMAGE 6 • EXCESS LIABILITY BE 308 57 81 3/12/93 3/12/94 EACH OCCURRENCE S 2000000 UMBRELLA FORM AGGREGATE S 2000000 OTHER THAN UMBRELLA FORM "RE-0 Z............ B WORKER'S COMPENSATION WC581-6649 (CA) 3/12/93 3/12/94 X I STATUTORY LIMITS EACH ACCIDENT $ 1000000 AND DISEASE-POLICY LIMIT-1 S 2000000 EMPLOYERS LIABILITY DISEASE-EACH EMPLOYEE S 2000000 OTHER GAIL K_'_T_,L_TC i CITY -ATT0-Q iEY B., DESCRIPTION OF OPERATIONS/LOCATIONS/VEF*CLES/SPECIAL ITEMS Deputy City A—trornl&y (SEE REVERSE AND/OR ATTACHED) ................. ....... ...... ........ ..... X........... ..... .... . .. .. ....... .... .......... CTIFICAT LD ....... *, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Huntington Beach EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILMAXXXXX 2000 Main Street MAIL__3_0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE P. 0. Box 190 LEFT,XXXZXIMXXM X0v=QXvA1=XK3w=zKXXXXX Huntington Beach, CA 92648 71<mxxmxjwmxmxxax"xamx==XA=3Mzx2mxxxx AUTHORED REPRESENTATIVE ................. ........ ...... .... ...... ........ .... DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE #19263 (CONTINUED) 11P INSURED : SIGNAL MAINTENANCE, INC. HOLDER : City of Huntington Beach 2000 Main Street P. O. Box 190 Huntington Beach, CA 92648 Certificate Holder is Named as an Additional 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. ENDORSEMENT ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: Commercial General Liability Policy No. GL5906811 Comprehensive Automobile Liability Policy No. CA1188492 Umbrella Excess Liability Policy No. BE3085781 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 buy only with respects to liability arising out of "your work" for that insured by or for you. L,-- Mansh--& McLennaff, n . , Authorized Representative PAGE: 2 OF 2 E41 1 ( r- t - REQUFS'r FOR CITY COUNCIL ACTION Date: May 17, 1993 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administrator �(�_ Prepared by: &Iruis F. Sandoval, Director of Public Works Subject: AWARD OF CONTRACT FOR THE INSTALLATION OF WWV TIlV E SOURCE RECEIVERS AT FOURTEEN LOCATIONS - .y G1 HUNTINGTON BEACH :tieruoVr Y �777F _1913 Consistent with Council Policy? [XI Yes [ I Ne .EIT cLEiE�4 1� Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachment STATEMENT OF ISSUE: On April 5, 1993, the City Council authorized a call for bids for the Installation of WWV Time Source Receivers at fourteen locations within the City of Huntington Beach. RECOMMENDED COUNCIL ACTION: 1. Accept the low bid and award a contract to Signal Maintenance, Inc., 2283 Via Burton Street, Anaheim, CA 92806; and 2. Authorize the Director of Public Works to expend$45,000 to cover contract costs of$38,240, estimated construction change orders of$3,824, and anticipated supplemental expenses of$2,936. ANALYSIS: This project is a part of the fiscal year 92-93 Growth Management Area No. 6 (GMA-6) Traffic Signal Coordination project. The National Institute of Standards broadcasts a reference time signal via radiowaves from its headquarters in Fort Collins, Colorado. The radio station is identified by the call letters WWV, which is universally available to any user (banks, police departments, scientific laboratories, navigators, surveyors, etc.) that can receive it. The WWV time signal is a very convenient and widely used method of synchronizing traffic signals that utilize non-compatible control equipment. In brief, if all of the internal clocks in the traffic signal control equipment are set to the same time, the operations of the signals can be easily synchronized. The installation of WWV time source receivers will allow easy and convenient synchronization of the GMA-6 Project traffic signals in Huntington Beach. The proposed work will include: Page 2 ` WWV Time Source Receivers (CC-885) May 17, 1993 1. Furnish and install WWV Time Source receivers, outdoor whip antennas, and coaxial cables, and other accessories at fourteen (14) intersections. The attached plans show the installation locations. 2. Provide four spare WWV Time Source receivers with clock display for use by the Public Works Traffic Engineering staff. The City estimated the project cost at$70,000. Bids were received on May 4, 1993, and are listed below in dollar amount: Contractor Bids Bid Amount 1. Signal Maintenance, Inc. $38,240 2. Superior Signal Service 40,150 3. Steiny and Company 48,444 4. Skips Electrical 49,196 5. Antelope Valley Signal 59,624 Staff has reviewed each bid and suggests that a Contract in the amount of $38,240 be awarded to Signal Maintenance, Inc. Contract Amount $38,240 Project Change Orders 3,824 *Project Supplements 2.936 TOTAL $45,000 * Examples of Supplementals include Edison electrical hook-up and testing. FUNDING SOURCE: This project is 100% funded by a Measure M grant from OCTA as a part of the Growth Management Area No. 6 program. Funds for this project are available in Account No. E-SX-PW-978-6-43-00. ENVIRONMENTAL STATUS: This project is categorically exempt from the California Environmental Quality Act per Section 15301, Class I. ALTERNATIVE ACTIONS: Reject low bid or all bids and do not proceed with the construction. ATTACHMENTS: Project Location Map Contract CC885-2 J f_. I • KlewyR�AK. 4 Aa.T.AK CRY AK Alm AK ,v AA�o, AK 4AAK„ AK X S CORE&A [/V�AK A u.m AK sK COS AG rl£ZD r S V.rO RM v 3 /tndt Rill�11 fuTQ AK 7flq TO AK Q . G G G TAIIQT AK itRAf AK t AiK AK 0 KAIC 1 Legend s AK � t A7lAMTA A Existing Hardwire G ® Existing 7;me Base, Future Hardwire I -... AVE ® Time Base AK Future Hardwire r Project Intersections APPROVE DATE 3h 3 CITY OF HUNTINGTON BEACH 'J, +� DEPARTMENT OF PUBLIC WORKS R FIC ENGINEER GMA -6 CC- 865- REVISION DATE, W, W. V, RETRDFI T PROJECT t y CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND SIGNAL MAINTENTNACE, INC. FOR WWV TIME SOURCE RECEIVER INSTALLATION (CC 885) THIS AGREEMENT is made and entered into on this 9th day of .Tune , 1993, 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 has solicited bids for a public works project, hereinafter referred to as "PROJECT, " more fully described GMA-6 WWV Time Source Receiver installation in the City of Huntington Beach; and CONTRACTOR has been selected and is to perform said work, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and 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 515:AFJk 1 in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal . However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s) . 2 . ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) , the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. 515 :AFJk 2 "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY'S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991'edition of Standard Specifications for Public Works Construction, published by Builder' s News, Inc. , 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor' s Proposal (attached hereto as Exhibit "A") ; F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW") , without whose decision said 515:AFJk 3 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 Thirty Eight Thousand, Two Hundrted Forty Dollars ($38,240) , 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 forty-five (45) consecutive working 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 515:AFJk 4 by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises . 6 . CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost 515:AFJk 5 proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the perform- ance of this Agreement, furnish the following 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 515 :AFJk 6 under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR'S risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income 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 zero dollars ($ -0- ) per day for each and 515:AFJk 7 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 reasonlof 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 515:AFJk 8 responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12 . DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of 515:AFJk 9 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 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. 515:AFJk 10 14 . PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof . From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 515 :AFJk 11 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 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 515:AFJk 12 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. 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. 515:AFJk 13 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 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 515:AFJk 14 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. 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 515:AFJk 15 ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24 . NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 515:AFJk 16 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney's fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of one-hundred dollars ($100) for every stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. § 1324a regarding employment verification. 28. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 29 . CAPTIONS 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. 515:AFJk 17 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. 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. SIGNAL MAINTENANCE, INC. CITY OF HUNTINGTON BEACH a municipal corporation of the State of. California Willi C. Sondergard, sident Mayor B E-3��'s-3,ew,i ,--6e�reterpf�astrrer James son, Assistant Secretary (See Attached) ATTES?: APPROVED AS TO FORM: .r✓�7q'fL�� City Clerk QV-) City torney =Ag&! OVED: INI I TED AA7 at Directo of Public Works 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 ceived by Treasurer's Office DATE: Tuesday, May 4, 1993 2:00 p.m. ENGINEER'S ESTIDIATE: 70K PROJECT ENGINEER: Bill Smith JOB TITLE AND CC NUMBER: G A-6 WWV Time Source Receiver Installation; CC-885 Bidder's Name Total Bid Amount 1. Antelope Valley Signal 2. Baxter-Griffin 3. D B X Incorporated 4. D and V Electric 5. Econolite 6. Paul Gardner 7. I D C Traconex/Multisonic 8. McCain Traffic Supply 9. Signal Maintenance 10. Skips Electric Cp 11. Smithson Electric 12. Steiney and Company /jo 13. Superior Signal Service • INTERCARGO INSURANCE COMPANY 1450 East American Lane - 20th Floor rM Schaumburg, Illinois 60173-6090 PUBLIC WORKS BID BOND A 06884 saw NO. KNOW ALL MEN BY THESE PRESENTS, That we9 Antelope Valley Signal, Inc. 39130 3rd St. East hereinafter referred to as Principal, Palmdale, CA 93550 and INTERCARGO INSURANCE COMPANY,a corporation,hereinafter referred to as Surety,organized and existing under the laws of the State of Illinois and authorized to do business in the State of California are held and firmly bound unto City of Hundtington Beach 2000 Main St, hereinafter referred to as Obligee, Huntington Beach, CA 92648 in the penal sum of Nine Thousand and no/100's------------------------------------------------Dollars ($9-000.00 )lawful money of the United States of America,for the payment of which sum, well and truly to be made,we bind ourselves our Executors,Administrators,Successors and Assigns,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,that,whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for GMA-6 WWV Time Source Receiver Installation from 14 various locations ll�ngtnn Reach. r:A NOW, THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be specified,entered into the contract in writing,and provided a bond,with surety acceptable to the obligee for the faithful performance of the contract;or if the Principal shall fail to do so,pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the bid,then this obligation shall be void;otherwise to remain in full force and effect. Signed,sealed and dated this 4th day of May , 19 93 Antelope Valley Signal, Inc. Seal if applicable) . (PRINT ORAWME NAME OF PRINCIPAL) By: (MMATURE OF AtrrHORFZED ATNE) „ A, BLAau"' PRESIDEIU (TYPE NAME AND TITLE) I E G S Y. � gy; s Cheri L. Daviss. a �i (N�� �% CON-20(8/91) LIN�1�������r �tlt4M^111110 ORIGINAL 1450 East American Lane-20th Floor MARCE 31, 1994 / TM Schaumburg,Illinois 60173-6090 No Power of Attorney on this form shall 708-517-2990 be valid as to bonds,undertakings, recognizances or other written obligations POWER/ in the nature thereof executed on or after A 06884 said expiration date. PRINCIPAL Antelope Valley Signal, Inc. `39130 3rd St., East Palmdale CA 93550 OBLIGEE City of Huntington Beach 2000 in,St. Hunti ton,Beach .0 9 648 , Y g ng x , �T r ,i ,,;�4,> DESCRIPTION&LOCATION OF OBLIGATION GMA-6 WWV Time Source Receiver Installation from 14 various locations Huntington Beach, CA PENAL SUM PRINCIPAL TAX ID. PROJECT r 9 000.00 95-434 621 LIMITED POWER OF ATTORNEY To be used only in conjunction with the bond specified herein. This Power of Attorney may not be used in conjunction with any other Power of Attorney.This Power of Attorney is void if altered or elaserd This Power of Attorney bears the stamped and numbered seal of INTERCARGO INSURANCE COMPANY and is printed on white paper with black and red ink on a rainbow colored background.Only originals of this Power of Attorney are valid.No representations or warranties regarding this Power of Attorney may be made by any person other than an authorized officer of INTERCARGO INSURANCE COMPANY,and must be in writing.Questions or inquiries regarding this Power of Attorney must be addressed to INTERCARGO INSURANCE COMPANY,Attention: Contract Bond Underwriting Department.This Power of Attorney shall be governed by the laws of the State of Illinois. KNOW ALL MEN BY THESE PRESENTS: That INTERCARGO INSURANCE COMPANY, a corporation organized and existing by virtue of the laws of the State of Illinois does hereby,nominate, constitute and appoint: CRAIG E. JOHNSON AND CHERI DAVIS AS EMPLOYERS OF ROSE-TILLMANN, INC. its true and lawful Attorney-in-fact to make, execute, attest, seal and deliver,for,and,on its behalf, as surety, and as its act and deed, where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof,as follows: l- BID BONDS UP TO $300,000.00 Such bonds and undertakings, when duly'executed by the aforesaid'Attorney-in-fact shall be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal.This appointment is made under and by authority of the By-Laws of the Company, which are now in full force and effect. STATE OF ILLINOIS SS rr• - m-r, � i tl t su COUNTY OF COOK 1, Kenneth J. Kranig, Secretary of the INTERCARGO INSURANCE COMPANY'a"corporation of the State of Illinois, do hereby certify that the above and foregoing is a full, true and correct copy of Power of Attorney issued by said Company, and that I have compared same with original and that it is a`correct;transcript therefrom and of the whole of the original and that the said Power of Attorney is still in full 1orce and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company,at Gurnee, Illinois this 4th day of May 19 93 ��pntl�tttetr,,,_ SQL / taw , SECRETARY f+trttrtn++t� STAMPED AND NUMBER SEALED CAN-24B(3/e2) MUST BE AFFIXED RESOLUTIONS OF THE i U Iwo fix-I) „ ~&6RS ; yr. , This Power of Attorney is granted and is signed byefacsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 5th day of December, 1988: "RESOLVED,That the President,or any Vice President of the Company or any person designated by any one of them is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company,bonds,undertakings and all contracts of suretyship, and that any Secretary or any Assistant Secretary of the Company 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 signature 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 thereafter valid and binding upon the Company with respect to any bond, undertaking or contract of suretyship to which it is attached." Bonds executed under this Power of Attorney may be executed under facsimile signature and seal pursuant to the following Resolution adopted by the Board of Directors of the Company on April 4, 1987: "RESOLVED,That the signature of James R.Zuhlke,as President of this Corporation,and the seal of this Corporation may be affixed or printed on any and all bonds,undertakings,recognizances,or other written obligations thereof,on any revocation of any Power of Attorney,or on any certificate relating thereto,by facsimile, and any Power of Attorney, any revocation of any Power of Attorney, bonds, undertakings, recognizancesp,certificat�e or other tYritten.pbligaliog„�ea;kng s�IcAAfpcsingfjq signatge ortfacsimile sea shall be valid and binding upon the Corporation." IN WITNESS WHEREOF,the INTERCARGO INSURANCE COMPANY has caused its corporate seal to be here unto affixed, and these presents to be signed by its duly authorized officers this 17th day of May 1990, INTERCARGO INSURANCE COMPANY fe`f�H51Y14�y�,�� By. PRESIDENT ' �«��5 Attest: .. SECRETARY STATE,OF ILLINOIS COUNTY OF COOK On this 17th day of May 1990 before me personally Came James R. Zuhlke to me known,who, being duly sworn, did depose and say: that he is President of the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of.the Board of Directors of said Company; and that he executed the said instrument by like order and authority. OFFICIAL. SEAL . CHRISTINE M. KIESLING NOTARY PUBLIC.STATE OF ILLINOIS NOTARY 7LIC MY COMMISSION EXPIRES 6/6/92 1 r, 1 � r , k �t ..ti t.j 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. ANTELOPE VALLEY SIGNAL, INC. om ame Mho'0 J". ignaI re Biter" DOYLE . BLACEQ4ON Printed or Typed Signature 39130 3RD ST EAST , PALMDALE, CA 93550 Address of FidTer 805 538-9380 Telephone Number Y- � OFFICIAL SEAL Subscribed and sworn to before me this 4TH day of MAY 19 93 J� a r NE KkRIA SALAAAR kO!P:wv PL;2LIL'CALIFORNIA LOS 0GELES C`UNTy oAM, ANY COMM.EY,PIPES%-,,31,3i94 E. NOTARY PUBLICT� NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. CITY OF PALMDALE 708 E. PAI1DALE BLVD, PALMDALE, CA Name and Address Name and Telephone No. of Project Manager: MIKE MISCHEL ( 805 ) 273-3162 99 450.00 TRAFFIC SIGNAL INSTALLATION 2/93 Contract Amount Type of Work Date Completed 2. CITY OF BAKERSFIELD 1501 TRUXTUN AVE, BA=FIELD, CA Name and Address Name and Telephone No. of Project Manager: RODNEY KNIGHT (805 ) 326-3767 103,006.33 TRAFFIC SIGNAL INSTALLATION 1/93 Contract Amount Type of Work Date Completed 3. L.A. 00. DEPT. PUBLIC WORKS ALHAMBRA, CA Name and Address Name and Telephone No. of Project Manager: RON AGGARD 81!� 458-3118 $255,312.00 CC#6447 AVE M WIDENING 1/93 Contract Amount Type of Work ate Completed C-10 w � AMWEST SURETY INSURANCE COMPANY WOODLAND HILLS,CALIFORNIA � BOND NO. 007003895 PREMIUM Premium included in bid bond service BID DATE 5/4/93 PUBLIC WORKS BID BOND Know all men by these presents: That we, SIGNAL MAINTENANCE,INC. (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Surety),organized and existing under the laws of the State of California and authorized to transact a general surety business in the State of CALIFORNIA ,as Surety,are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called Obligee) in the penal sum of Ten percent(10% )of the bid amount, but in no event to exceed Nine Thousand and 00/100 Dollars ($ 9,000.00 ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for SIGNAL MODIFICATIONS VARIOUS LOCATIONS CASH CONTRACT#0885 HUNGTINGTON BEACH CA NOW, THEREFORE, if the contract is awarded to the Principal and the surety has been provided with sufficient proof by Obligee of acceptable financing for the project, and the Principal has,within such time as may be specified, (but in no event later than 60 days after such award), entered into the contract in writing, and provided a bond with surety acceptable to the Obligee for the faithful performance of the contract; or if the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in the bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the bid,then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS 28th DAY OF April, 1993. SIGNAL MAINTENANCE, INC. r1 �-! Principal Name ,zi i `w INS J --'-- c no re � 4t AMWEST SURETY INSURA FCOMPANY tENE CO Attorney-in-Fact //7 UN-A3017 9/92 ON ON ®HERB®R 2 OEM Rout OEM III ERE ® ®HER 0�0 ®®®E HH HH®® REFA --------------- BOND NUMBER POWER NUMBER N C T VALID F CR BONDS 007003895 0 0 0 2 2 3 8 4 2 -70 ENF- UTED3ON OR AFTE This document is printed on multi-colored security paper with black and red ink,with border in blue ink and bears the raised seal of Amwest Surety Insurance Company (the "Company"). Only unaltered originals of this Power of Attorney are valid. This Power of Attorney is valid solely in connection with the execution and delivery of the bond noted above and may not be used in conjunction with any other power of attorney.No representations or warranties regarding this Power of Attorney may be made by any person. This Power of Attorney is governed by the laws of the State of California. Any power of attorney used in connection with any bond issued by the Company must be on this form and no other form shall have force or effect. KNOW ALL MEN BY THESE PRESENTS,that Amwest Surety Insurance Company,a California corporation (the "Company"), does hereby make, constitute and appoint: SNARL ENE FRANCO AS AN EMPLOYEE OF AMWEST SURETY INSURANCE COMPANY its true and lawful Attorney-in-Fact,with limited power and authority for and on behalf of the Company as surety, to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recognizances or other written obligations in the nature thereof as follows: Bid Bonds up to $*r1,0 00 ,000 .00 Contract (Performance & Payment) , Court, Subdivision $MY1,000,000.0 License & Permit Bonds up to gY--1,000,000 .00 Yiscettaneous Bonds up to $ *1,000, 000 .00 Smatt Business Administration Guaranteed Bonds up to $Y#1,250,000.0 ® ®� 2 ® amBE ME 2 ON and to bind the Company thereby. This appointment is made under and by authority of the By-Laws of the 999919 3 go Company, which are now in full force and effect. EfW�9C HE CERTIFICATE BET- �E HBHEL` :0 on I, the undersigned secretary of Amwest Surety Insurance Company, a California corporation, CL 2I HE® DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked rz-91`,T r^.rc�rF 7®® ® and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant 9Au`` 2BENE provisions of the By-Laws of the Company, are now in full force and effect. Cf :Eg Signed and sealed at SAN FRANCISCO this 28TH day of APRIL 1933— 0000223842 — 70 C ®® p d � Karen G. Cohen, Secretat), C Ll lV Y rlC•JR\lJp� ® nk 9 En��G' Lri`�J©ULr•+.i�`L.+'HRERRBRB®BBHR®R � ��I��� P•.� 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. m y Name Signature o Bidder Printed or Typed Signature Address of Bidder �7A/ .1 - 4k Telephone Number Subscribed and sworn to before me this day of , 19 RIGHT THUMBPRINT(OPTIONAL) ! State of__ California cc County of Orange 5-4-93 Barbara S.Fukushima,Notary Publi On before me, 9 (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) {�7 CORPORATE SMI OFFICER(S) President ❑ PARTNER(S) (TITLE(S)) 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 his/her/their signature(s) on the instrument the BARMRA S.FUKUSHIMA person(s), or the entity upon behalf of which the SIGNER IS REPRESENTING: COMM.#983082 Z person(s) acted, executed the instrument (NAME OF PERSON(S)OR ENTITY(IES)) z Notary Public—CoNtomia ORANGE COUNTY Witness my hand and official seal. `V My Comm.Expires JAN 24,1497 PREMIUM—NIL Bond No. 7278906 GWM j%MRlCAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that we, SKIP'S ELECTRIC, INC. as principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation existing under the laws of the State of Ohio, having its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202, as surety, are held and firmly bound unto, CITY OF HUNTINGTON BEACH as obligee,in the penal sum of TEN PERCENT OF AMOUNT BID DOLLARS ($ 10% ), lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed, and dated this 30TH day of APRIL 19 93 WHEREAS, the said principal IS herewith submitting A proposal for GMA-6 WWV TIME SOURCE RECEIVER INSTALLATION FROM 14 VARIOUS LOCATIONS CASH CONTRACT NO. 0885 NOW, THEREFORE, the condition of this obligation is such that, if the said principal shall be awarded the said contract, and shall within SIXTY ( 60 ) days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount be in excess of the former;but in no event shall the liability hereunder exceed the penal sum hereof. SKIP('S /ELECTRIC, INC. Principal GREAT AMERICAN INSURANCE COMPANY By / -� L DAVID L. CULBERTSON Attorney-in-Fact F.9116K-(3/82) (BID FORM) GIWAIVERICAN INSURANCE COMPANY The number of persons authorized by ! this power of attorney is not more than No.0 13302 FIVE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing;iindei and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its tnie and lawful attorney-in-fact,for it and in its name,place and stead to execute in behalf of the said Company,as surety,any and e i all bonds;:undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said ! Company`on'any such,bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Addr'ess Limit of Power � DAVID 'L. CULBERTSON ALL OF ALL =r `� LINDA L`. CULBERTSON ANAHEIM, UNLIMITED l ; CHARLES L. FLAKE CALIFORNIA € _<" DIANA LASKOWSKI Y== KAREN, CHANDLER This Power of Attorney revokes all previous powers issued in behalf of the attorneys)-in-fact named above. *` iN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 19th day of December: ,19 91 Attest GREAT AMERICAN INSURANCE COMPANY ' .:._.i'7.... - ��? ._. ire.",i:-ti,•;t STATE OF OHIO,COUNTY OF HAMILTON —ss: On this 19th day of December, 1991 ,before me personally appeared WLLLIAM J. MANEY, to me known,being duly sworn,deposes and says that he resided in Cincinnati,Ohio,that he is the Vice President of the Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. r^r,f'..Taa.. ,.s^,._ `. yF 1. "E:i `• l n�' This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOL VED: That the President, the several Vice Presidents and Assistant Vice Presidents,or any one of them, be and hereby is authorized,from time to time, to appoint one or more Attorneys-ln-Fact to execute in behalf of the Company, as surety,any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,.RONALD C. HAYES,Assistant Secretary of the Great American.Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. Signed and sealed this 30TH day of APRIL , 19 93 FROM:PUBLIC WORKS TO: 714 525 0229 MAY 3, 1993 11: 18AM U843 P.02 CITY OF HUNTfI\IGTON BEACH 2000 MAIN STREET P. O. BOX 190 CALIFORNIA 92648 Louis F. Sandoval Public Works Department Director (714) 536-5431 GMA-6 WWV TIME SOURCE RECEIVER INSTALLATION 14 VARIOUS LOCATIONS: CC-885 Addendum Number 1 May 3, 1993 Notice to all Bidders The following revision shall be included in bid documents: 1. Amend the cover sheet and A-1 noting the date of the bid opening to read: May 4, 1223, 2:00 n n� All bidders shall acknowledge the receipt of this Addendum with their bid proposal. Should you have any questions regarding this Addendum, please call Terri Elliott of this office at (714) 536-5580. C;S i n rely, n �t/ — ames D. Otterson, Y.E., P.I,.S. Traffic Engineer CDR:cr I have reviewed Addendum Number 1, dated May 3, 1993. I understand that this Addendum Number 1 shall be included in the bid documents. _Skip's Electric, Inc. �;'���� —�,�i;,�-.�''! 5/4/93 Company Name By Date 1 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. Ski 's Electric Inc. ompan Name Signatufe of Bidder Delbert M. Bressette Printed or T ignature 2610 W. Oran ethorpe Ave. , Fullerton, CA 92633 Address of Bidder 714 525-0203 Telephone Number K 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: 1 L.A. County Public Works - 900 S. Fremont Ave. , Alhambra, CA ` Name and Address Name and Telephone No. of Project Manager. Eddie Doilg 818 458-3122 $144,392.00 TRAFFIC SIGNAL 2/10/93 Contract Amount Type of Work Date Completed 2. City of Long Beach - 333 W. Ocean Blvd. , Long Beach, CA Name and Address Name and Telephone No. of Project Manager: Bill Baugh ( Jam) 590-6061 $32,820.00 STREET LIGHTING May 1990 Contract Amount Type of Work Date Completed 3. City of Long Beach - 333 W. Ocean Blvd. , Long Beach, C'A Name and Address Name and Telephone No. of Project Manager: R; 11 Ra„gh 10 590-F,061 STREET LIGHTING March 1992 Contract Amount Type of Work Date Completed C-10 'WILLIS CORROON 40 vv Willie Corroon Corporation of Orange County BID BOND 3CNCLOSICD 1800 East 16th Street PO Box 10670 (Zip 92711-0670 TO: CITY OF HUNTINGTON BEACH Santa Ana, CA 92701 PROJECT: GMA-6 WWV TIME SOURCE RECEIVER INSTALLATION Telephone 714-953-9521 Fax 714-953-6888 BID DATE: MAY 4, 1993 IMPORTANT: We are pleased to enclose the bid bond you requested. WE URGE YOU TO RECHECK ALL BID DOCUMENTS ENCLOSED, INCLUDING THE POWER OF ATTORNEY, SIGNATURES, DATES, AMOUNTS, JOB DESCRIPTION, AND ANY OTHER ATTACHMENTS, TO AVOID THE POSSIBILITY OF HAVING A LOW BID REJECTED. Would you also please re-verify that the bid bond form attached is the form required by the specifications. Be sure to execute the bid bond with the proper signature and seal. THE BID BOND AUTHORIZATION IS BASED UPON YOUR ORIGINAL ESTIMATE OF $ IF THE BID EXCEEDS THIS ESTIMATE BY 10* OR MORE, PLEASE CONTACT US FOR ADDITIONAL AUTHORITY! ! ! ! ! GOOD LUCK! WILLIS CORROON Bond Department Note: Surety authorized bid bond based on the following conditions : Bond Major Subs Obligee Financing Verified Asbestos Sub Other Bonded & Insured BOND 132173 INSURANCE COMPANY OF THE WEST P.O. BOX 85563 - SAN DIEGO, CALIFORNIA 92138-5563 BID OR PROPOSAL BOND KNOW ALL BY THESE PRESENTS: That we, SUPERIOR SIGNAL SERVICE CORPORATION 7224 SCOUT AVENUE , BELL GARDENS, CA 90201 (hereinafter called the principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing business under and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by laws of the State of CALIFORNIA as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the obligee) in the just and full sum of TEN PERCENT ( 10%) OF THE TOTAL AMOUNT B ID IN ----- Dollars ($ ----------- ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves, and each of our successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand in and submit to the obligee a bid or proposal dated 5/4/93 for GMA-6 WWV TIME SOURCE RECEIVER INSTALLATION 14 VARIOUS LOCATIONS CONTRACT NO. 0885 In accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor. NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal thereupon by the said obligee, and said principal shall enter a contract and bond for the completion of said work as required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 3RD day of MAY 19 93 SUPERIOR SIGNAL SERVICE CORPORATION By: _ 'XA2� INSURANCE COMPANY OF THE WEST By: "' � y�— J DI H K. CUNNINGHAM Attorney-in-Fact ICW CAL 120 SG-21971EP 7/90 INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: JUDITH K. CUNNINGHAM its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its.. name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. 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 INSURANCE COMPANY OF THE WEST at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in- Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further RESOLVED: That the Attorney-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney- in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused its official seal to be here- unto affixed and these presents to be signed by its duly authorized officers this 27th day of September, 1989. PAN), INSURANCE COMPANY OF THE WEST a� �'ptA�RIrFO�" resident STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On this 27th day of September, 1989 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came BERNARD M. FELDMAN, President of INSURANCE COMPANY OF THE WEST, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the some, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San written. Diega, ,they:day_:and-l+ear.-fir'sli�ve ;1 (fir=IUAL SEAL Ir jANIS E. THMD ORE a, Notary Public- STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: I, the undersigned, JAMES W. AUSTIN, III, Secretary of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 3RD day of MAY 19 93 . 3?ELpMPANY�� Itpook s y Seecretary ICW CAL 37(REV. 5/87) ���cN+.+'� LI ��lano / 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. SUPERIOR-' SIGNAL SERVICE CORP. Company Name Signature of Bidder H. CHET GALLAND f< _ Printed or Typed Signature 7224 SCOUT AVE. BELL GARDENS, CA. 90201 Address of Bidder ' 31 927-4488 Telephone Number Subscribed and sworn to before me this day of , 19 s NOTARY PUBLIC NOTARY SEAL i Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: I. CITY OF BUENA PARK 6650 BEACH BLVD. BUENA PARK, CA. 90622 Name and Address Name and Telephone No. of project Manager:NAB I L HEN IN (714 ) 5 6 2-3 5 0 0 $97 ,370. 00 TRAFFIC SIGNAL MODIFICATION 9/92 Contract Amount Type of Work Date Completed 2. CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH, (A. 92659 Name and Address Name and Telephone No. of Project Manager:N'ARK PUGL IS I �714 ) 6 4 4-3 318 _$20 . 588 . 00 TRAFFIC SIGNAL MODIFICATION 9/92 Contract Amount Type of Work Date Completed 3. CITY OF GARDEN GROVE 11391 ACACIA PKWY. GARDEN GROVE, CA. 92640 Name and Address Name and Telephone No. of Project Manager: J IM KOEN ING S r 714 7 41-5 0 6 4 $35, 179 . 00 TRAFFIC SIGNAL MODIFCATION 9/92 on tract Amount Type of Work ate omp et C-10 SECTION C PROPOSAL for the GMA-6 WWV TIME SOURCE RECEIVER INSTALLATION from 14 VARIOUS LOCATIONS CASH CONTRACT No. 0885 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 45 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all C-1 bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. 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 Olt)l,�rj Aa ldin the amount of$ 9 aon� 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: Addeida'Np :>: .:;> . Date Received Bidders /h 3 3 C-2 PROJECT BID SCHEDULE Item Estimated. item with unit price Unit Price Extended Na: . Quaztity awiritton in words _ Amount 1. 18 EA Traconex Model 1010 Modular Time Source Receivers (Complete), ` s �yy,d ds Z : e {Per Unit) 2. 4 EA Clock Time Display Units ® Z z a gzaa P iL Q Dollars $ oe. e � Edo,0 /41/&Q No Cents (Per Unit) 3. 14 EA Whips Antennas with mounts, installed, ® Tou pie o 6v—Af�' 2 fo Iit / ^its A./6 �1`3 (Per Unit) 4. 18 EA Power Supply , ®(o'•✓,��ia/f)��O F/f/l�Jyi�jsypOJars pq $ (Per Unit) 5. 14 EA Electrical Receptacles (installed) �� ri n�/4',ed �e127`h �l�ill�rs $ pol4AIZ-5 G� (Per Unit) 6. 14 EA RG 581U Coaxial Cables, with connectors, ®,�/al��.�,C.Ld.S/X 7'� Dollars p 4/1 C01cu $ /V4 Cents (Per Unit) C-1s item Estimated item with unit price Unit Price Extended No. Quantity written in words Amount 7. 14 EA RS-232 Cable ® �d� 4J fiw y Dollars } rj $ $ Cents {Per Unit} TOTAL AMOUNT BID IN FIGURES: $ 3 TOTAL AMOUNT BID IN WORDS: A,1,0 C-2s 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 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 RIGHT THUMBPRINT(OPTIONAL) _tkate of California s W County Of Orange I � 5-4-93 Barbara S.Fukushima,Notary Publi 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) X1 CORPORATE SMI OFFICER(S) President ❑ PARTNER(S) (TITLE(S)) 'l 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 BARBARAS.FUXUS14WA his/her/their signature(s) on the instrument the • COMM.# � person(s), or the entity upon behalf of which the SIGNER IS REPRESENTING: Wm Pubic—Cawtomiio person(s) acted,executed the Instrument. (NAME OF PERSON(S)OR ENTITY(IES)) ORANGE COUNTY W Comm.Eg*es JAN 24.1991 Witness my hand and official seal. (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. 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 ©1992 WOLCOTTS FORMS,INC NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange IJ ' ?�-� , being first duly sworn, deposes and says that he or she is U of 6;-A M .-,J the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid r depository, or to any member or agent thereof to effectuate a collusive or sham bid. S/�yN L� �i.J?�.✓.s.rvt, .�.oid Name of Bidder Signature of BI er _8 3 alit Address of Bidder Subscribed and sworn to before me this day of , 19 NOTARY PUBLIC NOTARY SEAL C-4 UT LrrY 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 GMA-6 WWV TIME SOURCE RECEIVER INSTALLATION, (n(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. Sic„��-� /9l � ./�✓yt .t,�. Con for Y Tie- Date: /9u.3 C-S DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each.contractor to whom a public works contract has been awarded shall sign the following certificate 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. Con for Y Ti e Date:19 93 C-7 UNDERGROUND SERVICE ALERT IDENTHICATION 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. Coon ctor 4 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: Bidder Name 02 3 VA4 12-47',dAW Business Address r 7"�l SG,3- 5r000 Telephone Number State Contractor's License No.-and Class 9-7 �- Original ate Issued F.0 o Ex 1ration Date The work site was inspected by Aag'gy s•- fmtX-A. of our office on 4-.Z 3 , 19 9.i The following are persons, firms, and corporations having a principal interest in this proposal: Gv, �L�.9.a► L' . So,�1J.r,,t G�r�. V,�►,,rS.Ag..,a` C-9 RIGHT THUMBPRINT(OPnONK) State of California W S County of Orange 5-4-93 Barbara S.Fukushima,Notary Publi 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) {�7 CORPORATE SMT OFFICER(S) President ❑ PARTNER(S) (TITLE(S)) 3�1 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 BMBARAS FUt1AA his/her/their signature(s) on the instrument the _ 01W ��# person(s)98M , or the entity upon behalf of which the SIGNER IS REPRESENTING: Notary Public_Co�>ro person(s) acted,executed the Instrument. (NAME OF PERSON(S)OR ENTITY(IES)) ORANGE COY Witness my hand and official seal. Comm.Et0r 1 JAN 24,M - (SEAL) I&ATURE OF NOTARY) - v 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/RNGERPRINT—Rev.12-92 V 992 WOLCOTTS FORMS,INC. 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. ✓�/ .v�1L .�� ?f_ cif' . m yName Signature of Bidder Printedor Typed Signature.2 Z P3 di.1 �3�.c�e.✓s y'_ .�.c�.l•%ra•C� 9.Afv L Address 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: 1. Gi—ft2 o/ ,PD/yj A.✓.t, 3'e�'S. �, .¢yE P.ir o,..s GA 9174 5?-Jr, yd, Name and Address Name and Telephone No. of Project Manager: 57VO-0^1,004421 (71 't'//3, 9.t,S. %0 5/&,..,� Contract Amount Type of Work Date omp e 2, of 9a.saz •/off Name and Address Name and Telephone No. of Project Manager.6�t� � �'�`✓ r�d9 2 75 ��Fo i'9 9 3 Contract Amount Type of Work Date Completed 3. C. d.�6■(d■Iiiw4�. /L o o w. ,8i:y�.e�C�, B<dD,r1i�.�:� �.c� 9'vL�.� Name and Address ,)N,.a�me and Telephone No. of ProjectManager: Ra&OW 66ed l (z,3 Contract —Type o or Completed C-10 STATE OF CAUFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH ----� The contracto► sal;n PUBLIC NOTICE the Contractor of the INDEPE,yDENT, a newspaper of general NOTICE OF workPand improvements, circulation, printed and published in the City of INVITING BIDS ctntfhor so t eor Labor Code CC 885 Huntington Beach, County of Orange, State of Notice is hereby and other laws of the State given of California applicable that sealed bids will be re- Califomia, and that attached Notice is a true and ceived by the City,of Hun- thereto, with the.exception tington Beach, at the office only of such variations that complete copy as was printed and published in H the City Clerk at City' may al required under the Hall, 2000 Main Street, special statutes pursuant to Huntington Beach, Califor- which proceedings hereun the Huntington Beach and Fountain Valley nia, until the hour of 2:00 der are taken. and which, p.m. on May 4, 1993, at have not been.superseded, issues of said newspaper to wit the issue(s) of: which time they will be by the provisions of thel rev opened publicly and read Labor Code. Preference to aloud in the Council Cham- labor shall be given,only in bers,for GMA-6 WWV Time the manner provided by Source Receiver Installa- law. lion in the City of Hun- No bid shall be consid- tington Beach. ered unless itr is made.on a , A set of Plans, Specifica-' form fumisherWby-the City tions, and other contract of Huntington Beach,and is documents ,may be ob- made in accordance with tained on April 15,1993,at the provisions of the pro- the Department of Public posal requirements. Works, 2000 Main Street Each bidder must be li- Huntington Beach, Califor- tensed and also prequali- nia, upon receipt of a non- fled as required by law. refundable fee of a non- The. City Council of the ($30.00 if mailed). City of Huntington Beach Each bid'shall be made reserves the right to reject on the Proposal Form and any or all bids. April 22, 29 , 1993 in the manner provided ir. By order of the City Coun- the contract documents, cil of the City of Huntington and shall be accompanied Beach, California, the 5th by a certified or cashier's day.of April,1993. check-bra-bid-bond for not Connie Btoekway, less than 10% -of' the CClerk of"tFie City of amount of,the bid, made Huntington Beach payable to the City of Hun Published Huntington tington Beach_ ______ Beach-Fountain Valley in- dependent April 22, 29, 1993. I declare, under penalty of perjury, that the 044-356 foregoing is true and correct. Executed on April 29 _ 199 at Costa Z,7 fornia. Signature G J �� PROOF OF PUBLICATION C RECEiYEO CITY CLERK CITY OF NUNTINGTON %EACH, CALIF. MAY q 2 of PM '93 00 ivy 03M333x y1a 90113 NOTICE INVITING BIDS CC,885 Notice is hereby given that sealed bids will be received by the City of Huntington Beach, at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 2:00 p.m. on May 4, 1993, at which time they will be opened publicly and read aloud in the Council Chambers, for the GMA-6 WWV Time Source Receiver Installation in the City of Huntington Beach. A set of Plans, Specifications, and other contract documents may be obtained on April 15, 1993, at the Department of Public Works, 2000 Main Street, Huntington Beach, California, upon receipt of a non-refundable fee of $25.00 ($30.00 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 5th day of April, 1993. Connie Brockway City Clerk of the City of Huntington Beach 2000 Main Street (714) 536-5431 3408g/20 REQUEST FOR CITY COUNCIL ACTION Date: April 5, 1993 Submitted to: honorable Mayor and City Council APPROVED BY CITY COUNGIL Submitted by: Michael T. Uberuaga, City Administrator 19-W Prepared by: ATU—is F. Sandoval, Director, Public Works Depa Tf CLERK Subject: INSTALLATION OF WWV TIME SOURCE RECEIVERS AT FOURTEEN LOCATIONS WITHIN THE CITY OF HUNTINGTON BEACH Consistent with Council Policy? [X ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments. STATEMENT OF ISSUE: Staff has completed the necessary plans and specifications for the installation of the WWV receivers and whip antennas. The fourteen locations for the WWV receivers and antennas are: Golden West Street at: Magnolia Street at: 1. Palm Avenue 1. Banning Avenue 2. Yorktown Avenue 2. Hamilton Avenue 3. Clay Avenue 3. Atlanta Avenue 4. Garfield Avenue 4. Indianapolis Avenue 5. Ellis Avenue 5. Yorktown Avenue 6. Talbert Avenue 6. Garfield Avenue 7. Slater Avenue Bolsa Chica Road at Bolsa Street Staff is ready to advertise the project and solicit bids for the installation of WWV receivers and antennas. RECOMMENDED COUNCIL ACTION: 1. Approve the plans and specifications for the installation of WWV time source receivers and antennas at the following locations: Golden West Street at Palm Avenue, Yorktown Avenue, Clay Avenue, Garfield Avenue, Ellis Avenue, Talbert Avenue, and Slater Avenue; Magnolia Street at Banning Avenue, Hamilton Avenue, Atlanta Avenue, Indianapolis Avenue, Yorktown Avenue, and Garfield Avenue; and Bolsa Chica Road at Bolsa Street. Page 2 GMA-6 WWV Project April 5, 1993 2. Authorize the Director of Public Works to solicit bids to install WWV Time Source receivers and antennas. 3. Approve the attached sample construction contract. ANALYSIS: This project is a part of the fiscal year 92-93 Growth Management Area No. 6 (GMA-6) Traffic Signal Coordination project. The National Institute of Standards broadcasts a reference time signal via radiowaves from its headquarters in Fort Collins, Colorado. The radio station is identified by the call letters WWV, which is universally recognized as the definitive broadcast time standard world-wide. The time signal is extremely accurate and available to any user (banks, police departments, scientific laboratories, navigators, surveyors, etc.) that can receive it. The WWV time signal is a very convenient and widely used method of synchronizing traffic signals that utilize non-compatible control equipment. In brief, if all of the internal clocks in the traffic signal control equipment are set to the same time, the operations of the signals can be easily synchronized. The installation of WWV time source receivers will allow easy and convenient synchronization of the GMA-6 Project traffic signals in Huntington Beach. The proposed work will include: 1. Furnish and install WWV Time Source receivers, outdoor whip antennas, and coaxial cables, and other accessories at fourteen (14) intersections. The attached plans show the installation locations. 2. Provide four spare WWV Time Source receivers with clock display for use by the Public Works Traffic Engineering staff. The Engineer's probable construction cost estimate for this project is $70,000. FUNDING SOURCE: A grant of$585,000 has been offered by The Orange County Transportation Authority (OCTA) and accepted by the City Council at their February 1, 1993 meeting. This project and its funding was identified within overall project approval. ENVIRONMENTAL STATUS This project is categorically exempt from the California Environmental Quality Act per Section 15301, Class I. 1 f Page 3 GMA-6 WWV Project April 5, 1993 ALTERNATIVE ACTIONS: Do nothing - the lack of WWV Time Source receiving equipment for signal coordination will disallow signal coordination with adjacent cities in GMA-6. ATTACHMENTS: Project Location Map Special Provisions Sample Contract �.rqG ww✓.QcA TAE: C/ KSIVAPS R AVE RSA.K RTA AK .AGr AK .K t z r Q o.�AK d Dean.K s rAPSM '0J w[ � 1R AVE J vAret Rv% G Amwslv: 2 1ATQ AK TLC AK a �a.on AK *Auer AK GAwin. AK Ah 4 CL" a gig lamavw AK � R A i Legend AT%.wA A Existing Hardwire x ® Existing Time Base, Future Hardwire ® Time Base .K Future Hardwire Project Intersections APPROVEDs DATE, CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS TRAFFIC ENGINEER GMA -6 REVISION DATE: W. W. V. RETROFI T PROJECT SPECIAL PROVISIONS Project Locations Fourteen intersections are included in this bid package. These intersections are shown in Exhibit 1 and listed in the following table. TABLE 1 LIST OF INTERSECTIONS SIGN NO. INTERSECTING STREETS CONTROLLER TYPE & LOCATION 58 Magnolia Street at Banning Ave. Traconex 290*, NE corner 46 Magnolia Street at Hamilton Ave. Traconex 290*, SE corner 36 Magnolia Street at Atlanta Ave. CSC T1, NE corner 35 Magnolia Street at Indianapolis Ave. CSC T1, NE corner 60 Magnolia Street at Yorktown Ave. CSC T1, NE corner 41 Magnolia Street at Garfield Ave. Traconex 290*, SE corner 76 Golden West Street at Palm Ave. CSC Tl, SW corner 40 Golden West Street at Yorktown Ave. CSC T1, West side 87 Golden West Street at Clay Ave. CSC T1, SW corner 56 Golden West Street at Garfield Ave. CSC T1, NW corner 74 Golden West Street at Ellis Ave. CSC T1, SW corner 80 Golden West Street at Talbert Ave. CSC T1, SE corner 33 Golden West Street at Slater Ave. CSC T1, SW corner 1 Bolsa Chica Road at Bolsa Ave. CSC T1, SE corner *Tranconex 290 controllers will be replaced by model 390 controllers. The existing locations of controller cabinets, service cabinets, and the proposed locations of antennas for the WWV radio receivers on the mastarm signal poles are shown in the thirteen 1 signal plans for the above mentioned intersections. Special Requirements The Contractor shall supply and install WWV radio receivers with power transformers. The WWV time source receivers shall be Traconex Model 1010 Modular Time Source (without clock time display unit), including an outdoor antenna, RG58/U coaxial cable, power supply and RS-232 cable. These receivers shall be installed inside the existing controller cabinets. New electrical receptacles shall be installed in the cabinets to supply power source for the receiver power supply transformers (Existing receptacles in the controller cabinets are to be reserved for other uses). The Contractor shall install outdoor whip antennas on the signal poles indicated in the signal plans. Mounting hardware shall conform to the details shown on the following standard plans. The antennas shall be connected to the WWV radio receivers in the controller cabinets via coaxial cables. These cables shall run through the existing or proposed new conduits as shown on the signal plans. The coaxial cables shall be continuous between the antenna and the time source receiver. No splices shall be allowed in the coaxial cables. Each cable shall be fitted with a UL BNC(male) connector at the time source receiver end and a UL PL-259(male) connector at the antenna end. Each WWV time source receiver installation shall be demonstrated to be fully operational prior to acceptance. The Contractor shall demonstrate that the complete installation furnished and installed by the Contractor can receive WWV radio signals and output the clock time information to the controller. The Contractor shall supply the following additional equipment: o Four each - Traconex Model 1010 modular time source with power supply and clock time display unit 2 CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE INSTALLATION RADIO RECEIVERS AND ANTENNAES (WWV PROJECT) 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 the installation of radio receivers and antennaes on traffic signals 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 515:AFJk 1 S A M P L E in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal . However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s) . 2 . ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) , the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement . 515 :AFJk 2 S A M P L E "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY' S standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1991 edition of Standard Specifications for Public Works Construction, published by Builder ' s News, Inc. , 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the Contractor ' s Proposal (attached hereto as Exhibit "A") ; F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW") , without whose decision said 515 :AFJk 3 S A M P L E ' r 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 ($ ) , as set forth in the Contract Documents, to be paid as provided in this Agreement . 4 . COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within ( ) consecutive calendar days from the day the "Notice to Proceed" is issued by 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 515:AFJk 4 S A M P L E by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents . CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement . CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises . 6 . CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost 515:AFJk 5 S A M P L E proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8 . BONDS CONTRACTOR shall, prior to entering upon the perform- ance of this Agreement, furnish the following 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 515 :AFJk 6 S A M P L E under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items . Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR' S risk and expense. 10 . INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income 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 Dollars ($ ) per day for each and every working day' s delay in 515 :AFJk 7 S A M P L E 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. 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 515 :AFJk 8 S A M P L E responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12 . DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or, (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of 515:AFJk 9 S A M P L E 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 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 . 515 :AFJk 10 S A M P L E 14 . PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof . From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts . The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 515 :AFJk 11 S A M P L E 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 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 515:AFJk 12 S A M P L E 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. 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. 515 :AFJk 13 S A M P L E 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 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 515:AFJk 14 S A M P L E 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. 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 515 :AFJk 15 S A M P L E ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23 . DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost . 24 . NON-ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25 . CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement . No officer or employee of CITY shall have any financial interest in this Agreement in violation of California Government Code Sections 1090 et seq. 515 :AFJk 16 S A M P L E 26 . STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to recover from CONTRACTOR its reasonable administrative and attorney' s fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document . Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of one-hundred dollars ($100) for every stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices . CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of 8 U.S.C. § 1324a regarding employment verification. 28 . NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 29 . CAPTIONS 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. 515 :AFJk 17 S A M P L E 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. 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: Name & Title (Chairman/President/ Mayor Vice President) By: Name & Title (Secretary/Chief) Financial Officer/Asst . Treasurer) ATTEST: APPROVED AS TO FORM: City Clerk .3 i�-fir? City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator Director of Public Works SPECIAL PROVISIONS Project Locations Fourteen intersections are included in this bid package. These intersections are shown in Exhibit 1 and listed in the following table. TABLE 1 LIST OF INTERSECTIONS I NAL NO. INTERSECTING STREETS CONTROLLER TYPE & LOCATION 58 Magnolia Street at Banning Ave. Traconex 290*, NE corner 46 Magnolia Street at Hamilton Ave. Traconex 290*, SE corner 36 Magnolia Street at Atlanta Ave. CSC Tl, NE corner 35 Magnolia Street at Indianapolis Ave. CSC Tl, NE corner 60 Magnolia Street at Yorktown Ave. CSC T1, NE corner 41 Magnolia Street at Garfield Ave. Traconex 290*, SE corner 76 Golden West Street at Palm Ave. CSC T1, SW corner 40 Golden West Street at Yorktown Ave. CSC Tl, West side 87 Golden West Street at Clay Ave. CSC T1, SW corner 56 Golden West Street at Garfield Ave. CSC Tl, NW corner 74 Golden West Street at Ellis Ave. CSC T1, SW corner 80 Golden West Street at Talbert Ave. CSC Tl, SE corner 33 Golden West Street at Slater Ave. CSC T1, SW corner 1 Bolsa Chica Road at Bolsa Ave. CSC Tl, SE corner *Tranconex 290 controllers will be replaced by model 390 controllers. The existing locations of controller cabinets, service cabinets, and the proposed locations of antennas for the WWV radio receivers on the mastarm signal poles are shown in the thirteen 1 1 P signal plans for the above mentioned intersections. Special Requirements The Contractor shall supply and install WWV radio receivers with power transformers. The WWV time source receivers shall be Traconex Model 1010 Modular Time Source (without clock time display unit), including an outdoor antenna, RG58/U coaxial cable, power supply and RS-232 cable. These receivers shall be installed inside the existing controller cabinets. New electrical receptacles shall be installed in the cabinets to supply power source for the receiver power supply transformers (Existing receptacles in the controller cabinets are to be reserved for other uses). The Contractor shall install outdoor whip antennas on the signal poles indicated in the signal plans. Mounting hardware shall conform to the details shown on the following standard plans. The antennas shall be connected to the WWV radio receivers in the controller cabinets via coaxial cables. These cables shall run through the existing or proposed new conduits as shown on the signal plans. The coaxial cables shall be continuous between the antenna and the time source receiver. No splices shall be allowed in the coaxial cables. Each cable shall be fitted with a UL BNC(male) connector at the time source receiver end and a UL PL-259(male) connector at the antenna end. Each WWV time source receiver installation shall be demonstrated to be fully operational prior to acceptance. The Contractor shall demonstrate that the complete installation furnished and installed by the Contractor can receive WWV radio signals and output the clock time information to the controller. 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