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HomeMy WebLinkAboutSmith Electric Supply - 1972-08-21 AFTER RECORDED MAIL TO: 0Rp7N CC-198 QUEg Q - CITY OF HUNTIN%TON BEACH Office of the City Clerk 8K 1102 4PG 487 p, 0, Box 190 NOTICE OF RCOMPLETION Huntington Beach, Calit. 9264.8 NOTICE IS HE-REBY GIVEN that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to Smith Electric Supply 10792 Knott Avenue Stanton, CA 90680 who was the company thereon for doing the following work to-wit: Installation of traffic signal and lighting facilities at the intersections of: Location A - Pacific Coast Highway and Newland Street Location B - Edwards Street and McFadden Avenue Location C - Edwards Street and Heil Avenue Location D - Bushard Street and Hamilton Avenue Location E - Bushard Street and Atlanta Avenue Location F - Main Street and Seventeenth Street 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 tie City of Huntington Beach at a regular meeting thereof held on the 1Ot:h day of December, 1973 That upon said contract the Houston General Insurance Company was surety for the bond given by the said company as required by law. Dated at Huntington Beach, California, this llth day of December 1973 . r / City Clerk afid ex--officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, ALICIA M. WENTWORTH, the duly appointed, qualified and acting 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 llth day of December 1973 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California This document is solely for the offi-cinl hu3iness of the City of I'L2*.L_ :' .1cn I:%i:{'}1, L3 i contem- plateci Code RECORDED IN OFFICIAL RECORDS uf-c. 6103 and s. aid be recorded OF ORANGE COUNTY. CAUFORNIA free of charge . 9:05 A.M. DEC ] `.3 1973 J. WYLIE C/ LYII E,County Iiecerder CC-198 t- C O N T R A C T THIS AGREEMENT, made and entered into ,as of the 21s t day of August 19 72 , b5 and between the CITY OF HUNTINGTON BEACH, a municipal corporation, hereinafter referred to as THE CITY, and SMITH ELECTRIC SUPPLY - Stantun• California , hereinafter referred to as THE CONTRACTOR. W I T N E S S E T H: WHEREAS, in accordance with the provisions of Section 1770 of the Labor Code, the City Council of the City of Huntington Beach, California, has ascertained the general prevailing rate of wages applicable to the work covered by this contract as more particularly set forth in a resolution of the City Council of the City of Huntington Beach, a certified copy of which resolution is on file in the office of the City Clerk and inade a part hereof and designated as Resolution No. 3535 , entitled: A RESOLUTION OF THE CITY COUNCIL OF HUNTINGTON BEAC:i SPECIFYING THE PREVAILING RATES OF PER DIEM WAGES FOR PUBLIC WORKS CONTRACTS . WHEREAS, the City Council of the City of Huntington Bcich, County of Orange, State of California, pursuant to statutes in such cases made and pro- vided, duly and regularly caused a notice to be published, calling for bids for labor, material, tools and equipment for the installation of traffic signal and lighting facilities at the intersections of: Location A - PACIFIC COAST HIGHWAY AND NaMAND STREET Location B - EDWARDS STREET AND McF ADDi'N AVENUE Location C - EDWARDS STREET AND HEIL AVENNUE Location D - BUSHARD STREET AND HIMILTON A'VEN'UE Location E - BUSHARD STREET AND ATLANTA AVENUE Location F - MAIN STREET AND SEVENrEENTH STREET in said City of Hu^tington Beach, California, said work to be constructed according to plans, specifications, general re4uirements, and special provisions for same on file in to a office of the Director of Public Works and adopted k•y the City Council of said City of Huntington Beach on the 5th day of June , 1972_, to which said plans, specifications, general E- 9 requirements, and special provisions• reference is hereby made, and by, such reference they are made a part of this contract as if herein set out in full; and WHEREAS, the City Council at a regular meeting thereof and at the time and place appointed therefor received the report of the results of the hids submitted by the respective bidders for the construction and completion of the above mentioned work, and after careful consideration of all bid; submitted the City Council awarded the contract therefor to the CONTRACTOR therein named at the prices set forth in his bid, it being the lowest and best bid received by the said City Council , NOW$ THEREFORE, in consideration of the covenants and agreements herein contained, being done and performed by the parties hereto, it is hereby agreed as follows: I. By my signature: hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability fo. workmen's compensation or to undertake sel:'-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. II. Contractor agrees to receive and accept as full compensation for furnishing all materiala and for doing all the work contemplated and embraced in this agreement, the total bid amount Contractor submitted in his Proposal which was accepted by the City Council. A copy of said Proposal is attached hereto and incorporated herein by reference and made a part hereof. Contractor further agrees that said payment by City shall include all payments for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the cork; also for all expenses incurred by or in consequence of the suspension or discontinuance of ;pork and for well and faithfully completing the work, and the whole thereof, in the scanner and according to the plans and specifica- tions, and the requirements of the Engineer under them. III. City agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to Use terms and conditions herein contained and referred to , for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions as set forth in the general requirements and the said parties for themselves, their heirs, executors, administrators, successors and assigno, do hereby tigree to the full performance of the covenants herein contained. IV. It is further expressly agreed by and between the parties hereto that should there be any conflict between they terms of this instrument and the bid or proposal of paid Contractor, then this instrument shall control and nothing herein shall be crnsidered as an acceptance of the said terms of said proposal conflicting herewith. E- 10. IN WITNESS W dME6F, the City has caused its name and seal to be hereunto annexed by its Mayor and City Clerk, thereto duly authorized and Contractor has set his hand hereto, the day and year in this Agreement first above written. CITY OF HUNTINGTON BEACH, a Municipal Corporation B / ...� Mayor t ATTEST: r city k APPROVED AS TO FO ity Atlto##y C� SMITH ELECTRIC SUPPLE BY 11VAROLD smrM ELECTRIC SUPPLY 0, Contractor's Legal Firm Name (Corporation, Partnership, Co-partnership, Joint, n u e, Individual or ) /ry+ C r P si tion r Tj tle B J� TREASURER Position. or Title By Position or Title NOTE: Contract must be executed by president and secretary if a corporation; by all partners if a partnership; or satisfactory proof that some other sigaature is legally sufficient must accompany this document. E-11 CC-198 PROPOSAL TO THE CITY 2LHUNTINOTON BEACH FOR THE INSTALLATION OF TRAFFIC SIGNAL AND LIGHTING 'FACILITIES AT THE. INTERSECTIONS OF: Location A - PACIFIC COAST HIGHWAY AND NEWLAND STREET Location B - EDWARDS STREET AND McFADDEN AVENUE Location C - EDWARDS STREET AND HEIL AVENUE Location D - BUSHARD STREET AND HAr1ILTON AVENUE Location E - BUSHARD STREET AND ATLANTA AVENUE Location F - MAIN STREET AND SEVENTEENTH STREET To the Honorable Mayor and Ci>y Council, City of f•u%tington Beach, California: In compliance with the annexed notice inviting sealed proposals, ) hereby propose and agree to enter into a contract to perform the work herein described and to furnish the materials therefore according to the plans, specifications and special provisions for the said work and to the satisfaction of and under the supervision of the Director of Public Works of said City of Huntington Beach, California. The undersigned has not accepted any bid from any subcontractor or materialman through any bid depository, the by-laws, rules or regulation3 of which prohibit or prevent the contractor from considerl.ng any bid from any subcontractor or materialman which" is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. For the .furnishing of all labor, materials and equipment, and or all incidental work necessary to deliver a) ' the improvements complete in place in strict con."ormity with the plans, specifications and special provisions, on file in the office of the Director of Public Works, City of Huntington Beach, California, I propose &nd agree to take full payment therefore at the following unit prices, to wits Approxi- Item # mate Items with unit price written in words Unit Price Total uantit A. Complete Installation of traffic signal and lighting facilitie at Pacific Coast ighway and Newland Street. r�� ,'� ,,�►,�c,�,=,u,�- urt� LUMP SUM •`l,�a-? �-O �+r E-1 PRE CrbSAL - CoM t'd • Approxi- Itch # ®ate Items with unit price written, in words Unit Price Total antiL A-1 Complete Construction of Roadway and Drainage Improvements at Pacific Coast Highway and Newland Street. 'UMP SUM B. Complete Installation of Traffic Signal and Lighting F lities at Edw ds Street a qq McFa den Aven . LUMP SUM R C. Complete Installation of Traffic Signal and Lighting F ai li ties at EdwA}r.ds Street and HeA l Avenue. LUMP SUM D. Complete Installation of Traffic Signal and Lighting Facilities at Busnard Street and Hamilto Avenue. LUMP SUM -L C,I.t .k.l.t tt+-R-., c t...ice •k. �t.. �-�-t C l t W E. Complete Installation of Traffic Signal and Lighting Facilities at Bushard Street and Atlanta Avenue. LUMP SUM 6-1 Q,�_ c• F. Complete Installation of Traffic Signal and Lighting Facilities at Main Street and Se enteenth S eet. LUMP SUM f TOTAL .10 V, C) 0 E-2 (This affidavit s* be executed by the successfu*idder in accordance • with -instructions in the Federal Requirements in this booklet, but bidder may �? execute the affidavit on this page at the time of submitting his bid. ) h NON-COLLUSION AFFIDAVIT : To the City Council, City of Huntington Bea::h: The underaigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That he: has not, either directly or indirectly, entered into any agreement , participated in any collusion, or othervise taken any action in restraint of free . , competitive bidding in connection with such contract. INSTALLATION OF TRAFFIC SIGNAL AND LIGHTING FACILITIES AT THE INTERSECTIONS OF: ' E Location A - PACIFIC COAST HIGHWAY AND NEWLAND STREET Location B - EDWARDS STREET AND McFADDEN AVENUE Location C - EDWARDS STREET AND HEIL AVENUE Location D - BUSHARD STREET AND HAMILTON AVENUE Location E - BUSHARD STREET AND ATLAMA AVENUE Location F - MAIN STREET AND SEVENTEENTH STREET 3h T ELL T , d____ Signature of Bidder 0792 KNOTT AVE 1 ST jQN: GAUF.. o6so Business Address 3405 WEST BALL RD., 1'N AH EI M, CALIF. 92804 Place of Residence Subscrib ,i and sworn to before me this day of 14 197U 4e c 6, -212V Notary F:iblic in and for the county of ��C,�-atr�=� , State of California. OFFICIAL SEAS.. TECLA Ni. MANAZER , 1qO1jkAr PUCLIC - CALIFORNIA PHi,jC'FAt OFV,G: IN ORAt4CE COUNTY E-14 25, 1916 W,y i,.mmiss*n f�plres Jar��M r BIDDER'S BOND • � �3GND4?;g6;l6 x KNOW ALL MEN BY THESE PRESENTS, THAT WE j- -14ADQ1 rl 5UIT14,F1 Ff L1z1C Suiunt'f ICp,_, AS PRINCIPAL, and ._IIQVaIQN QFNER9L Irj ,"ANCE COMPANY AS SURETY are held and firmly bound unto the CITY OF HUNTINGTON BEACH, CALIFORNIA, hereinafter referred to as the "City", in the pe- a1 sump of ten per cent (10%) of the total amount of the bid of the Prin- ipal above names, submitted by said Principal to said City, for the work described below, for the ;payment of which sum in lawful money of the United States '*f America, well and truly to be made, we bind ourselves, our heirs, executors, administraLors and successors, jointly and severally, firmly by these presents. In no case shall the liability of thQ surety hereunder exceed the sum of $ �1v0$ OF BID) . THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Principal has submitted the above-mentioned bid to said City, for JN5jA1.LATTQh OF TRAFFIC (insert title of project �.L�xfll J 5 9 LIGHTING LFA .;( TTU- under Speclfication No. CC-J� for shown on proposal) ( insert number) which bids are to be opened in the Chamber of the City Council of said City, on AUGUST._7 , l` 2 - _ (insert date of bid opening) NOW, THEREFORE, if said Principal is awarded the c.onLraLt and, within the time and manner required under the treading "Instructions to, Bidders" after the prescribed forms are prese:mted to him for signature, enters into a written contract, in the form of agreement bound herein, in accordanc, with the bid, and files the two bonds with said City, one to guarantee faithful performance and the other to guarantee payment for labor and materials , then this obligation shall be null and void, otherwisc it shall be and remain in full force and effect. In the event suit is brought :pan this bond by the Obligee and _judgement is recovered, said surety shall pay all costs incurred by thE: Obligee in such suit, including a reasonable aLtorney' s fee to be fixed by the Court. F.-3 1IDDERtS BOND (Continued) IN WITNESS WHEREOF, we have hereunto set our hands and seals this 7 day of AUGUST 19 72. .rI J. HAROLD SMITH ELECTRIC SUPPLY CO. r rincipal Surety (SEAL) WILLIAM R. FRIIS ATTY—IN--FACT ACKNOWLEDGEMENT Or 0"M i 7 ACKNOWLEDGMENT BY SURETY STATE OF_CALIFORNIA.. __) .j y COUNTY 01.,_.RIV'FRSIDE_ 7 f'1rUST , _l 72 _�_�. before me personaliv On thisday of f iCUS i0N GENERAL _W►LLIAM R. FRI IS kno%m to me to l,e the atlorney•in•fact of.__— --INS. COMPANY , the eorport.tion that Pxe,med the %ithin instrument, and acknuwiedged Io n.e that �mcl: corl,oratiun ext-tutrd the same. ►N WITNESS WHEREOF. f have hereunto set my hand an.f affixed my official seal, at rr.Y office in the afor+ -aid (:,.;inty, the dap and ytar in thin certificate fiat above written. OFFICIAL SLAJ_ ' MAYINE `s'. HUCKLENTGE __ .. J 11, A-i- t��•'�� 'r t,r ,� •, - Nulary� Pi rlie in thc: State of CALIFORNiA .'r..: .:r t '�f{.... p:.�ti, 01 RIVERSIDE b,�tftmmission An. 19, 1973 (Notary Public, Judge J. oLher Officer) (SEAL) E-4 .t. it PROPOSAL INFORMATION REQUIRED OF BIDDERS The bidder is required to supply the following information. Additional sheets may be attached if necessary. ( 1 ) Address :20792 KNOTT AVE., STANTON, CALIF. 90680 ( 2) Ti-l ephone (714) 827.38'20 (3) Type of firm - individual, partnership, or corporation: CO-770RATION (4) Corporation organized Z�' the laws of om the State of tvL4:et.) ( 5) Contractor' s License Number: It.�_ 266378 (F,) List the names ;nd addresses of all members of the firm or names and titles of all officers of the corporation: SM111•1 ELECTRIC SUPPLT BY --'--- 6. ROIL ,SMIJ11 EIECiRiC SUPPLY M 1 1JARI OLD Shil t-N _ PRESID , HARDln�. 1 'r.. t s�cR1;T� c�'] r .L 0 -.! ( 7) Number of years experience as a contractor in construction work: (.8) List at least six J ro 'ects com leted as cif recant date': P P M,ntract arnt. ) (lass of work) (Date completed) (Name and Address of (h r) 12 7 t -tt f_.ass 1 1 e•-c. �r' (q) List- the name of the person who inspected the site of the proposed work for, your fi rms �1 Hint r, Date of Inspec Lion:_ -- 2 ( lh) If requ-esLed by the District, the bidder shill furnish a notarized financial statement, financial data, or other inforrnaLion and references sufficiently comprehensive to permit an appraisal of his current financial condition. E-5 ' 4 y 1. The undersigned understands the contract time limit allotted for the contract is 132 WorkinL Days days. , If awarded the contract, the undersigned hereby agrees to sign said contract and furnish the necessary bonds within ten (10) days of the award of said contract, and to begin work within ten (10) days from the date of approval of the contract by the City of Huntington Beach, California. The undersigned has examined the location of the proposed work and is familiar with the plans, specifications and special provisions and the local conditions at the place where the work is to be done. Accompanying this proposal is BIDDER'S BOND (NOTICE: Insert the words cash, cashier's check, certified check, or bidder's bond, as the case may be) . Licensed in accordance with an act providing for the registration of contract License No. 25637? ITH ELECTRIC SUPPLY Signature of Bidder Business Address ,r R0792 KNOTT AVE., STANTON, CALIF. 90680. Place of Residence .13405 WEST BALL R�-)., P.NIAH I I, CALIF. 92804 Dated this day of 14 7a F-6 PROPOSAL SUB-CONTRACTOR - LISTING Pursuant to the Government Code 4100, the Prime Contractor, in order for this proposal to be acceptable for consideration shall furnish the name and location of the place of business of each sub-contractor who will perform work or render service on this project in an amount exceeding one half of one percent of the total bids. WORK TO BE PERFORMED SUB-CONTRACTOR SUB-CONTRACTORS ADDRESS Cal By submission of this prcposal, the contactor certifies: 1. That he is able to and will perform the balance of all work which is covered in the above sub-contractor listing. 2. That the City will be furnished copies of all sub-contracts entered into and bonds furnished by sub-contractor for this project. E-7 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE 'AND THE FILING OF REQUIRED REPORTS The bidder V proposed subcontractor hereby certifies that he has P � has not , participated in a previoue contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and that he hasV', has not , , filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting cr administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. SMITH ELECTRIC SUPPLY ( m a RESID L'.:,�._ (Title) Date: 0— NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1. 7(b) (1) ) , and must be submitted by bidders and proposed sub--contractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1. 5. (Generally only contracts or subcontracts of $10,000 or under are exempt. ) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1. 7(b) ( 1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. E--8 1 (BOND EXECUTED N FOUR COUNTERPARTS) BOND 040053 . 0 BOND PREMIUM: $1,004.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE 'PRESENTS, THAT WE J. HAROLD SMITH ELECTRIC SUPPLY W COMPANY - - - - - - - hereinafter referred to as "Contractor" as PRINCIPAL, and HOUSTON GENERAL INSURANCE C01,PANY - - - as SURETY, are held and firmly bound unto the City of Huntington Beach, California, hereinafter referred to as the "City" in the sum of T1-10 HUNDRED THOUSAND, SEVEN HUNDRED AND TWENTY EIGHT AND NO/100 - - Dollars ($ 200,728.00 ) , lawful money of the United Stakes of America, for the payment of which, sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contractor: has been awarded and is about to enter into the annexed •intract with the City for INSTALLATION OF TRAFFIC SIGNAL S LIGHTING FACILITIES = SPECIFICATIONS CC-198 Insert Title Shown on Proposal and is required by said City to give this bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor shall well and truly do and perform all t the covenants and obligat-ions of said contract on his part to be done and performed at the times and In the manner specified herein, then this obligation shall be null and void, otherwise it shall be ant remain in full fnrce and effect; PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release said Contractor or the surety thereunder, nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said surety, and notice of such alterations or extensions of the contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 29T1-I day of AUGUST , 19 72. ACI(NOWLEDGMENT BY SURETY STATE OF CALIFORNIA _ _l COU,XT1- r)F_RIVERSIDE ( L� Oil thib _29TN _� (lay of 1972 , liefure the perscmaliv appeared _MARY LOUISE TURNER known to me to be the attorney-in-fact of__HOUSTON-GENERAL__ INS. COMPANY _.. the corporation that executed the within instrument, and ac•knOwle►Iged to me that such corporation execute(I the eatne. IN V ITNESS VIIE'REOF. I have lieretinto set my hand and affixed me official seal, at n►y office in the afore. said Count•, the day and year in this cettthcate first above written. It, c the State of 01unty of - CALIFORNIA RIVERSIDE t Seal) c CBOND EXECUTED 'N FOUR COUNTERPARTS) BOND 040053 FAITHFUL PERFORMANCE BOND BOND PREMIUM: $21004.0n KNOW ALL MEN BY THESE "PRESENTS, THAT WE J. HAROLD SMITH ELECTRIC SUPPLY COMPANY hereinafter referred to as "Contractor" as PRINCIPAL, and HOUSTON GENERAL INSURANCE COMPANY -- - as SURETY, are held and firmly bound unto the City of Huntington Beach, California, hereinafter referred to as the "City" in the sum of TR'10 I-{UNDRED THOUSAND, SEVEN HUNDRED AND Th?ENTY EIGHT AND NO/100 - Dollars ($. 200,728. 00 ) , lawful money of the United States of America, for the paymer. _ of which. sum well and truly to be made, we bind ourselves, jo;n':ly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said Contractor has been awarded and is about to enter into the annexed contract with the City for INSTALLATION OF TRAFFIC SIGNAL 0 LIGHTING FACILITIES = SPECIFICATIONS CC•-198 Insert Title Shown on Proposal and is required by said City to give this bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the times and in the manner specified herein, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said contract, shall not in any way release said Contractor or the surety thereunder, nor shall any extensions of tirne granted under the provisions of said contract release either said Contractor or said surety, and notice of such alterations or extensions of the contract is hereby waived by sari Surety. IN WITNESS WHEREOF, we have hereunto, set our hands and seals this 29TH day of AUGUST , 19 72. SMITH ELECTRIC SUPPLY. s BY HOUSTON GENEERAL INSURANCE COMPANY Principal Surety BY• r. f BY• ��l�(,'Z{.+t.. LL LLG�@ ( CL a+�-•'!'L�r- . , (SEAL) (SEAL) i .� LOUISE TURNER, A•rTY IN FACT ,s A10 -07EED AS TO FOMI j E-12 Cit Attc . i i3v Dep ty A orney (BOND EXECUTED IN FOUR COUNTERPARTS) • LABOR A&MATERIAL BOND--(tpp 7o OF CONTRO PRICE) BOND 040053 KNOW ALL MEN BY THESE PRESENTS, THAT WE f�AROLD SMITH Es_ECTRI.0 SUPPLY + COMPANY -- - -- - - - - -__ hereinafter referred to as "Contractor" as PRINCIPAL, and UQUSIQU GENL.dAL I14SURAIICE COMPANY - - -- -- - - - .- - as Surety, are -.l.d and firmly bound unto the CITY OF HUNTINGTON BEACH, CALIFORNIA, hereinafter referred to as the "City" in the sum of CNE HUNDRED THOUSAND, THREE HUNDRED SIXTY FOUR AND NO/100 - Dollars ($ 100,364.00 ) , lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into the annexed contract with the City for INSTALLATION OF TP.AFFIC SIGNAL & LIGHTING FACILITIES -- SPECIFICATTONS CC-Igs Insert Title Shown on Proposal and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor in said Contract, or subcontractor, fails to pay for any materials, p•ovisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any t.ind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same, in an amount not exceeding the sum specified above, and also, in case suit is brought upon this bond, a reasonable attorney' s fee, to be fixed by the Court. This bond shall in to the benefit of any and all persons entitled to file claims under Section 1192. 1 of the Code of Civil Procedure of the State of California; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, n"r shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notice of such alterations or extensions of the contract is hereby waived by said Surety. IN WITNESS HERFOP. wP hai►A ACKNOWLEDGMENT BY SURETY SI'A'1'1:' OF CALIFORNIA RIVERSIDE COUNTY OI�__ -- AUGUST 1972 --. 9TH dery of --- -- , before the person alh appeared MARY LOUISE TURNER , known to the to be the :ittorne011-fact of HOUSTON GENERAL .INS,_COMPAhM . the corporation that executed the within instrument. and acknowledged to tue, that such corporation executed the same. E1' waN'ESS NVIIERE:0h, I have hereunto set my hand and affixed my official seal, at my ►►ffice it, the afore- ;aid County, the day and year ill this Certificate first above written. E ' ill tt a State nt ✓ \utury 1 u flu• 1 �' ""ty ofCALIFORNIA RIVERSIDE f Seal 1 i (BOND EXECUTED IN FOUR COUNTERPARTS) LABOR 'A MATERIAL BOND--QIffi OF CONTRt jf PRICE) BOND 00053 KNOW ALL MEN BY THESE PRESENTS, THAT WE j. WOLD SMITH ELECTRIC' SUPPLY COMPANY hereinafter referred to as "Contractor" as PRINCIPAL, and HOUSTON_rENFEAl_ INSURANCE COMPANY as Surety, are held and firmly bound unto the CITY OF HUNTINGTON BEACH, CALIFORNIA, hereinafter referred to as the "City" in the sum of ONE HUNDRED THOUSAND, THREE HUNDRED SIXTY FOUR AND N0/100 ` Dollars ($ 100,364.00 ) , lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, ,jointly and severally, firmly by these presc.-,•s. .HE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas said Contractor has been awarded and is about to enter into the annexed contract with the City for INSTALLATION OF TRAFFIC SIGNAL g LIGHTING FACILITIES = SPECIFICATIQNS CC-19R Insert Title Shown on Proposal and is required by the City to give this Bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor in said Contract, or subcontractor, fails to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work cc-itracted to he done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same, in an amount not exceeding the sum specified above, and also, in case suit is brought upon this bond, a reasonable attorney' s fee, to be fixed by the Court. This bond shall in to the benefit of any and all persons entitled to file claims under Section 1192. 1 of the Code of Civil Procedure of the State of California; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said contract release either said Contractor or said Surety, and notir.e of such alterations or extensions of the contract is hereby waived by said Surety. IN WITNESS HEREOF, we have hereunto set our hands and seals this 29TH day of AUGUST , 19 ,Z2 SMITH ELECTRIG SUPPLY �y BY ntr C ICf r C11PPLY CO. _ HOUSTON GENERAL IUSUEMCF CoWaN.Y Principal Surety -a-- t (SEAL) h'AP,l' LOU I SE TURl�wR, ATTY I N FACT AP MOVED AS TO FORM: I01 BONFA nit - E-13 f Fy. D t Ly City Attorney (This affidavioPall be executed by the succesol bidder in accordance with -instructions in the Federal Requirements in this booklet, but bidder may execute the affidavit on this page at the time of submitting his bid. ) NON-COLLUSION AFFIDAVIT To the City Council, City of Huntington Beach: The undersigned in submitting a bid for performing the following work by contract, being duly sworn, deposes and says: That he has not, either directly or indirectly; entered irto any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. INSTALLATION OF TRAFFIC SIGNAL AND LIGHTING FACILIT"ES AT THE INTERSECTIONS OF: Location A - PACIFIC COAST HIGHWAY AND NEWLAND STREET Location B - EDWARDS STREET AND McFADDEN AVENUE Location C - EDWARDS STREET AND HEIL AVENUE Location D - BUSHARD STREET A14D HAMILTON AVENUE Location E - BUSHARD STREET AND ATLANTA AVENUE Location F - MAIN STREET AND SEVENTEENTH STREET /SRTM ELECTRIC ' Signature of Bidder 10792 KNOTT AVE., STANTON., CALIF. 50680 business Address :�405 WEST E3ALL r.�., �.^'.;'`�' 11�,�1 CALIF. 92804 Place of Residen;:e Subscribed and swore] to before me this day of .14 ✓(rclST-" 19 7U Notary Public in and for the county of X,7h•f;--r , State of California. OFFICIAL SEAL Ayp ovED AS To Forma: TECLA M. MANAZER Data P P'1I' A .�\a Noe p�u�C!At. OFFICEIC f NraNiA s 7= C{ t L ieY- ORANGE COUNTY E-14 l,1y Cjmmission Expires lanu-jy 15, 1976 By: D V ri tY Attorney (This guaranty shall be executed by the successful bidder in accordance with instructions in the special provisions. The bidder may execute the guaranty on this page at the time of submitting his bid. ) GUARANTY To the city of Hunginton peach Department of Public Works. For Federal aid topics project number EHS-T-3041(171) The undersigned guarantees the construction and installation of the following work included in this project: The operation of the controllers, cabinets, and auxiliary equipment for locations B, C, D, E, and F. Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installations, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within G months after date on which this contract is accepted by the city of Huntingtu-a Beach, the undersigned agrees to reimburse the City upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the city of Huntington Beach, to replace any such material and to repair said work completei_! without cost to the City so that said work will function successfully as originally contemplated. The city of Huntington Beach shall have the unqualified option to Riake any needed replacements or repairs itself or to have such replacements or rep,.-rs done by the undersigned. In the event the city of Hunginton Beach elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such material-s as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations underthis guaranty, the city of Huntington Beach shall be entitled to all costs and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal . liyMITH ELECTRIC SUP PO U Contractor F i 0` 'D AS TO CORM: DOI P. B0t:rA Date E - 15 PY r! '�°'a Y CitiY Attorney a� • RETURN ORIGINAL AND THREE COPIES OF OIILY CITY OF HUNTINUTON BCACH'S FORM COMPLETED CERTIFICATE TO1 CERTIFICATE OF INSURANCE OF CCRTIFICATE or INSURANCE WILL BE ACCEPTED. CITY OF HUNTINGTON PEACH TO DEPIi1TMENT OF PUBLIC WORKS P.O. BOX 190 CITY OF HUNTINGTON BEACH CALIFORNIA, HIJNTIN3TON ©EACr1• CALIFORNIA 92646 A MUNIC.iPAL CORPORATION This is to certify that the policies of insurance as described below have been issued to the insured by the under- signed and are in force a! this time. If these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees to give 30 days prior written notice, by mail, to City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92646. Name of Insured 11 . Haroi d Smith and J . Harold Smith , Jr. , and Smi th Electric Sunnl y Address of Insured 10792 Knott Avenue, Stantoi, . California 90600 Location of Insured Operations Description of Operations Instal 1 ati on of traffi c s i onal s and 1 i nhti ng foci 1 i ti es at the i nter- sections o .various s ree s in e ,i y of un ins on Jleach ,, rojec u CC-19S POLICIES IN FORCE POLLCY ER DATE LIMITS OF LIABILITY NUMBEFFECTIVE EXPIRATION A. Workmen's Compensation Statutory Employers' Liability $ B. Public Liability: Bodily Injury: Manufacturers and Contractors LMv W 661 NA621 9-1-72 9-1 -73 S—�—n.00.0,w--Each Person Comprehensive General $ 500 .00�• Each Accident (Including products completed operations) Property Damage 11 11 11 $ ?r)f1 .r)nn. Each Accident C. Automobile Liability: Bodily Injury S 5f1C) ,f On. Each Person 11 If 11 $ 5on 000. Each Accident Property Damage S 250 +000• Each Accident Does policy cover: All owned automobiles ( X ) Yes ( ) No Non-awned automobiles ( X ) Yes ( ) NO Hired autorobiles ( X ! Yes ( ) No - J t D. Additional Insured Endorsement: j The insured agrees that the City of Huntington Beach and/or members of the City Council or boards or commissions and elective and appointive officers, servant or employee of the City of Huntington Beach when acting as such, are additional assureds hereunder. E. Hold Harmless Agreement: The insured agrees to protect, defend, indemnify and save harmless the City of Huntington Beach against loss, damage or expense by reason of any suits, claims, demands, judgements and causes of action caused by insured, his employees, agents or any subcontractor arising out of or in consequence of the performance of all operations covered by this certificate. F. Minimum Limits Required: Public Liability (Products liability, ;ncluding completed operations) Bodily i niury-each person $250,000.00 each accident $500,000.00 Property damage $100,000.00 G. Remarks: St. Paul Firr, and P'arine Ins . Co. (Signed) INSURANCE OMPAN) Flahrqrty , Adda . P, ole , � 4-72 By 1V I 11-t? T aiGNAtI;UF1@10i,'CRUtTFTORI2ED REPRESENTATIVE _ ty . o. :�;y Bv; Deputy City Attoruuy • 1 r r f July 11, 1972 . 6 • WC f f Department of Publ-.a Works � -- Division 'of Highways District I P.O. Box 2304 Los Angeles , CA 90054 i Attention : John 1-7. Shaver Assistant District Engineer Dear Mr. Shaver: Pursuant to your request of duly 10, 1972, we are enclosing the two 'or' inal copies of Program Supplement No. 1 to Local Agenc,,��State Agreement No ,, 42 covering 4 TOPICS project T-3041 (171) . M Sincerely yours , 1l/ Paul. C. Jones � ? City Clerk PCJ:aw Encs . r CC: James R. Wheeler Director of Public Works i t.. t ti.t y t � y r 1 STATE OF CALIFORNIA—TRANSPORTATION AGENCY RONALD REAGAN, Governor DEPARTMENT OF PUBLIC WORKS i DIVISION OF HIGHWAYS DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90054 '- July 10, 1972 07-C1ra-O-I1ntI3 Tw3041 (171 ) City of Huntington Beach TOPICS Agreement V442 Prog. Supplement #1 Mr. James R. Wheeler Director of Public 11orks City of Huntington Beach 520 Pecan Avenue P. 0, Box 190 Huntington Beach, CA 9264B Dear Mr. 11.1heeler: Attached are two (2) originals and one (1 ) copy of Program Supplement No. 1 to Local Agency/State Agreement No. 42 covering TOPICS project T-3041 (171 ) . Please return the two (2) sicced original copies of Program Supplement No. I executed on the part of the City, with a copy of 4he authorizing resolution attached to each . The addi-ti o:Ial copy is For your files pending final execution on the part of the State. Please indicate on the Supplement the date of execution by the City. Very truly yours , pnlglml SlgwU by Johr %V. Sh Net JOHN F-l. SHAVER Assistant District Engineer Attachs . DR:mi , 4 rScz 1 27 June 1972 TO : City Council FROM: City Attorney SUBJECT : Supplement No . 1, TOPICS Project At the request of the Director of Public Works , we transmit the annexed resolution authorizing execution by the Mayor and City Clerk of Supple- ment No . 1 , TOPICS Project , Local Agen^y/State Agreement No . 42 . The approval of surject agree- ment is necessary to insure the state ' s participa- tion in the city ' s TOPICS project at Pacific Coast Highway and Newland Street . Respectfully submitted , DON P . BONFA Cit Attorney puty Cit, ttorney /ah b Attachment C City ® Huntingtonf Beach P.Q. 0i 190 CALIFORNIA 92648 / ENGINEERING DEPARTMENT � `� t•�`�"� f March 8, 1971 r l Jill Honorable Mayor ,r and City Council City of Huntington Beach f � ; Attention: Doyle Miller --'' City Administrator Subject: Agreements and Resolution for Implementing "Topics" Study Plan. Gentlemen: The enclosed resolution authorizes the execution of two agree- ments for the purpose of implementing the area-wide "Topics" study plan. The first agreement: is entitled Local Agency-State Agreement and the second is the City-Consultant Agreement; original and copies are enclosed for signature. It is respectfully requested that your Honorable Body adopt this resolution and execut., said agreements on behalf of the city. Please note that the Mayor' s signature is required in two places on the City-Consultant Agreement. The following items are requested to be returned to this office or transmittal to the Statp: 1. An original and six (6) copies of the executed Consultant Agreement with maps. 2.. Two (2) original copies of the Local Agency-State Agree- ment. Very truly yours, �.. James R. Wheeler Director of Public Works JRW:RRL:ae Encl. LOCAL GENCY-STATE AGREED ANT Traffic Operations Progrm: to Increase Capacity and Safety TOPICS _07 Orange huntington Beach District County City �v}JV AGREEMENT No. _ 112 MASTER AGREEMENT Ulti AN AREA Name: Lon Angeles URBAN AREA No. 3(,)41 THIS AGRE MEN T, n ide in duplicate this _ clay of , 19 by and between t .V Cws y of Mantington Beach } political subdivisions) of the State of Cnlifornia, hereinafter referrers to as "LOCAL AGENCl•", and the STATE Oh CALIFORNIA, acting by and through t11e Division of highways of the Depart- ment of Public Works, hereinafter referred to tis "STA FE". WITNESSETH: WHEREAS, the Congress of theUnited States has in tile, hederal-Aid Highway Act, of 19(;S declared it to he in the national interest for Federal Funds to be expended for a "TOPIC'S" progmin which consists of making traffic operations improvements on a systematic; basis in accordance with tin arecwide plan over a network of nrterial and other major streets within urban areas; and WHEREAS, the Legislature of the State of California has enacted Clir•.pter 11.11 of the Statutes of 1069t by which the federal funds authorized niny be trade available for use on county highways, city streets, and state highway: to reduce traffic congestion and to fticilitate, the flow of traffic in urban areas in accordance with the intent of the federal act; and WHEREAS, there exists a compelling need for traffic operation improvements on existing streets within the houndaries of LOCAL AGENCY; and WHEREAS. LOCAL AGENCY and STA' E therefore desire to make use of such 'TOPICS funds as may be made available within the jurisdictional boundaries )f said LOCAL AGEtiCY; and WHEREAS, before Federal-aid will be made available for a TOPICS program, LOCAL AGENCY and STATE are required to enter into tin agrreement with respect to the preparation of an area-wide 'TOPICS I,Inn rind with respect to the construction, maintenance and evaluation of such 'TOPICS improvement projeets as may he financed in part with fecleral 'i,op s funds. THEREFORE 1T iS AGREED: The Areawide "'TOPICS" Plan and Study Report together with such improvement projects ns may be financed with TOPIC.•S funds will conform with the general provisions of U.S. Bureau of Public• Howls (also referred to hereinafter as 13PIt or Bureau) Policy and Procedure 1lernoran- dum (also referred to hereinafter as 1`11M) 21-18 and with the following special provisions. All ra rrvanoes herein to the U* So Bureau of Publlo Roa- da t U?R t or lMreau shall t,.e construed to moan the Federal Highuay Adadrlstration or FHWA, roRM FCC 208 10/69 — 1 — u 7'OPICS AGREE,IIENT ARTICLE I — CONDITIONS 1. As it condition for Federal "'TOPICS" Funds participation in tin Areawide "TOPWS" Plan and Stud;; Report c;r in a TOPIC'S improvement LOCAL AGENCY shrill prepare a general plan of highway improvements on local roads and streets and State Highways within the hound- aries of the urban area designated by STATE and approved by the U.S. Bureau of Public Roads hnsed upon it continuing; vomprehensive transportation planning process meeting; the requirements of Section 13.1 of Title 23, United States Cale. 2. Any such transportation planning; process within an urban area of over 50,000 popu- lation or which will soon be over 50,000 population shall be conducted in substantial conformance with Bureau of Public Roads Policy and Procedure 1lemoranduni 50-9 and any such transportation planning; process with it smaller urban wren shall conform substantially with BPI? Instructional Memorandum The U.S. Bureau of Public. Roads will determine which category applies to an urban area tin(] :STATE will furnish LOCAL AGE\CY with copies of the applicable Pro- cedural or Instructional Memorandum. 3. Except for those functions specified in PPM ?1-18 TOPICS funds may not participate in LOCAL AGENCY expenditures for the continuing; comprehensive transportation planning process nor in the preparation of the general plan. When approved by the BPR and agreed between STATE ^nd LOCAL AGENCY federal highway planning; funds may participate in the cost of such planning;. Federal TOPICS funds may participate only in the areawide TOPICS plan and study report or in 'TOPICS improvement projects as provided herein. •1. Federal funds may participate only in work which has been officially programmed to and approved by the U.S. Bureau of Public Romis in advance of its performance. ARTICLE II -- AREAWIDE 'TOPICS PLAN AND STUDY REPORT 1. LOCAL AGENCY shall with or without federal-aid prepare or arrange for the prepa- ration of an Areawide TOMCS Plan and Study Report conforming; to the provisions of PPM 21-15 and this agreement. The area to be covered, the estimated c-)st and the method of financing; are set forth in the attached Exhibit "B". ?. The unit designated in Exhibit "B" will serve its it COORDINATING AGENT to represent LOCAL AGENCY in transactions with STATE described herein its being the responsi- bility of COORDINATING; AGENT. 3. COORDINATING AGENT will be responsible for coordinating; the following operation: within the boundaries of LOCAL AGENCY and ",here applicable with similar operations in jurisdictions contiguous to LOCAL AGENCY. (a) the selection of it 'rype II Federal-aid primary system, (b) the conduct of comprehensive traffic engineering: studies. (c) the preparation of it general plan of highway improvements, (d) the preparation of an Areawide TOP1C:'S Plan and Study Report, (e) the, selection of TOPICS IM flit OVEMENTS, and (f) the determination of TOPICS IMPROVEMENT priorities. COORDINATING AGENT will a.,so perform all other acts necessicry to coordinate 'TOPICS program operations tit the local level in conformance with all applicable state and federal laws, rules, regulations, and operation procedures. FORM HCC 208 10/69 —2 1 a ( 0 *10111CS :10 h' :is.11 Er\'T 4. Unless specifically set forth otherwise in Appendix "B" all data for the Areawide "TOPICS" Plan and Study Report specified in PPM 21-18 is to be furnished by LOCAL AGENCY, or by it consultant under contract to or in agreement with LOCAL. AGENCY or its agent. 5. When a portion of the Arenwide 'TOPICS Plan and Study Report is to be done by it consultant with federal-aid, tho ng;reenient or contract with the consultant s}-all be subject to Article \'I, Paragraph 3, of this agreement. G. Upon completion of the General Plan of I1ighway Improvements, the Areawide 'TOPICS Plan and Study Report, The Primary Type 11 System and the list of traffic operation improvement priorities, they shall be adopted by the local governing; body and submitted to STATE in sep- tuplicate with the following: (it) With respect to urban areas in excess of 50,000 population it statement by policy committee of the local Urban 'Transportation Planning? Study attesting; to cornpatability of the proposed Type 1I System and improvement program with overall urban planning. (b) Assurance that, the TOPICS plan and 'Type II System has been coordinates] with con- tiguous jurisdictions «•here applicable and that the recommended plan of development has been coordinated with plans for local public or mass transportation services with possible plans for fringe parking, and with airport access planning;. (c) Assurance that whether or not federal-aid is granted for tale purpose., LOCAL AGENCY intends to implement tale adopted plan of traffic operation improvements within it reasonable period to that extent that same may he clone with available funds. i. STATE will review submitted material for conformance with federal requirements tin(] obtain approval of the U.S. Bureau of Public Loads. S. LOCAL AGENCY Shall retain approved TOPICS plan, report, and all supplemental data for STATI. or Federal inspection for it pL..iod of three years following; final payment of tiny federal funds which may participate in the 'I'OPICti plan or improvements included in the plan. ARTICLE Ill _ TOPICS IMPROVEMENTS 1 . The term "'TOPICS IMPROVE\IEN1"' its used herein means imy construction that is financed in part with federal funds provided in accordance with Section A of the Federal Aid Highway Act of 1968. ''. LOCAL AGENCY may submit for consideration and approval of S'I'•\TE and U.S. Bureau of Public Roads programs for 'TOPICS improvements when the followings items described in PPM 21-1`., have been completed or when they are in preparation with reasonable expectation of being; completed within 15 months: it. The genera► plan of highway improvements. h. The Areawide 'TOPICS Plan till(] Study Report. cr. The official Type 11 Federal-Aid Primary Highway Sv:=tern. d. 'I'h(- priorities for tho proposed TOPIC'S improvements. :1. When the 'Type 11 Federal Aid Primary Highway System has not been officially approved by the U.S. Bureau of Public Roads any grog►rain of 'TOPIC'S improvements must be preceded by tale submittal and approval of it "tentative" Type 11 System which conforms substantil0ly to Section •1 of PPM ?1-1 S. rORM HCC 708 10/69 —:3 - TOPICS .I cRl.F•.1rF•A17' •1. When the areawide TOPICS plain has not been completed and approved by the U.S. Bureau of Public Roaads any program for it 'TOPICS improvement must be acc:oinpaanied by a show- ing that the proposed improvement can reasonably be expected to be high on the priority list to be established in said plan. :a. The program shall be in a forin prescribed by STATE and shall designate the federal funds requested and the matching funds to be provided by LOCAI, AGENCY and if a State nigh- way is involved The snatching funds to be provided by STATE. Adoption of the program by reso. lution of the governing body of LOCAL AGENCY and approval by SPATE; shall cause such program to be it part of this agreement its though fully set forth herein. 0'. In processing TOPICS IMPliOVEMENTS, LOCAL AGENCY will conform to fill STATE statutes, regulations fund procedures relating; to the TOPICS program and to fill applicable federal laws, regulations, and policy and procedural or instructional memoranda. 'Phis includes the holding of public hearings when required, the publishing of various press: notices, and the prepa- ration of study reports, estimates wind plans. 7. Unless otherwise designated in the approved program, 'TOPIC'S improveifients will be constructed by contract in accordance with regular federal-aid primary and urban fund procedures. Such procedures require the use of Standard Specifications having prior U.S. Bureau of Public Roads approval, Bureau approval of plans, special provisions anal estimated costs prior to itcl- vertiseme.nt, it certification by LOC.-If, AGENCY with respect to the right of way, advertisement for it minimum of .1 weeks prior to bid opening, and prior BPR concurrence in the award and acceptance of the contract. The contract will be awarded by LOCAL. AGENCY, its agent. or by STATE as may be determined between the parties prior to each project advertisement. 8. When it TOPICS IMPRON'I:11ENT includes work to be perfumed by it railroad, the contract for such work shall be entered into by LOCAL AGI:\CY or by STATE, its parties hereto, agree, a contract entered into by LOCAL AGENCY for such work must have prior approval of S'TA'TE. In either event, LOCAL, AGENCY shall enter into an agreement with the railroad pro- viding for maintenance of the protective devices or other facilities installed under the service contract. 1). LOCAL AGENCY shaall provide or arrange for adequate supervision rand inspection of each T0131CS improvement, including contracts awarded by STATE. With prior U.S. Bureau of Public: Roads approval, surveying, inspection and testing may he performed by a consulting engineer provided overall supervision of the contractor's operations and progress; is performed by tan employee or employees of LOCAL AGENCY. 10 : a + a 111 vvirvise general supervision over 'TOPICS improvements and 11111y assume .�I,a ;$h" ...,gym over the contract whenever STATE, at its sole discretion. shall determine that its responsibility to the United States so requires. LOC 4L AGENCY contracts shall so Stipulate. 11. With Bureau of Public Roads approval, available federal TOPICS funds anayparticipate in an evaluation of the effectiveness of the 'TOPICS improvements its compared to those estimated in the study report. In an\• evert LOCAL AGENCY agrees to conduct it TOPICS IMPRON'I:e.II•NT EVALUATION PROGRAM its outlined in Section 10 of PPM 21-18, with or without federal aid, and to report the r+,sults of saine to S'I':1TE. FORiA HCC 208 10/69 —•1 — :I 00PICSAGREEMEN7' ARTICLE III — RIGHTS OF WAY 1. No contract for the construction of a 'TOPICS IMPIi'.OVEMENT shall be a corded until the necessary rights of way have been secured. Prior to the advertising of it project on it local street, LOCAL AGENCY shall certify and upon request shall furnish STATE with evidence that necessary rights of way are available for construction purposes or will be ,available by the time, of contract award. 2. LOCAL AGENCY agrees to hold STATE harmless from tiny liability which may result in the event the right of way is not clear as certified. `The furnishing; of right of way as provided for herein includes, in addition to call real property required for the improvement, free and clear of obstructions tin(] encumbrances, the payment of damages to real property not actually taken but injuriously affected by the proposed improvement. LOCAL AGENCY shall pay from its funds tiny costs which arise out of delays to the contractor because utility facilities have not been removed or relocated, or because rights of way have not been made available to the contractor for the orderly prosecution of the work. 3. Subject to STATE approval and such supervision over LOCAL AGENCY'S right of •.vay acquisition procedures its STATE may determine is necessary, LOCAL AGENCY may claim reimbursement from Federal funds for expenditures to purchase rights of way included in tan approved program. •1. Whether or not Federal-aid is to be requested for the purchase of rights of way, should LOCAL AGENCY, in acquiring rights of way for it TOPICS improvement, displace tan individual, family, business, farm operation, or nonprofit organization, it will place in operation a Relocation Assistance and Payments Program as required by Chapter -5 of Title 2:1 U.S. Code. Regulations, procedures tin(] instructioa5 for conducting; a Relocation Assistance and Payments Program are available upon request at any District Office of the Division of Highways. A ItTICLE V -- FISCA 1. PROVISIONS 1. When ,t TOPICS BIPROVEMENT contract is to be awarded by STATE, matching funds will lv� deposited with STATE by LOCAL AGENCY prior to bid opening; or within 10 days of ,)sing notified of the lowest Satisfactory bid received and the amount of local funds required. 2. The estimated total cost of TOPICS projects, the amounts of Federal-aid programmed, and the matching amounts agreed upon may be adjusted by mutual consent of the parties hereto. provided funds are available to cover increases and provided U.S. Bureau of Public Roads con- curs in any increase in the Federal-aid. This applies both to Areawide TOPICS Plan and Study Report described tin(] estimates] in the attached Exhibit "B" and to TOPICS improvements added hereto by programs in accordance with Article 11I, Paragraph 5. 3. Upon submittal by LOCAI. AGENCY of acceptable documentation of expenditures for an Arenwide 'TOPICS Plan and Study Report or for programmed and approves] TOPICS improve- nncmnts, :STATE will pay its agree(] share and will advance tan amount equal to the log:al pro rant federal share of the costs believed to he eligible for participation with federal funds and will voucher Bureau of Public: Roads for subsequent reimbursement. 'Ten percent or such other per- centage of the total amount due its STATE may determine is necessary to protect STA'TE'S interest will be withheld until the completion of such audits as may be required by STATE and U.S. Bureau of Public loads. •1. LOCAL AGENCY shall use,- "nonfederal" funds to finance the local share of eligible costs and expenditures ruled inelig*ibie for financing with federal funds. STATE shall make preliminary determination of eligibility for federal hunt] financing;. Ultimate determination shall rest with the Bureau of Public Bonds. Any overpayment, of amounts clue shall be returned to STATE upon demand. FORM HCC 203 10/69 '-�► — cr!•' TOPICS AGRI:I:'MEr1'I' .,. When any portion of it LOCAL AGENCY project is performed by STATE, charges therefor shall include tin assessment on direct labor costs in accordance with Section 8755.1 of the State Administrative Manual. The portion of such charges not financed with Federal funds shall he paid from funds of LOCAL AGE\'CY. 6. Should LOCAL AGENCY fail to pay monies due S,r..k,'E within :30 days of demand or within such other period as may be agreed between the parties hereto, STATE, :acting through State Controller, may withhold an equal amount from future apportionments clue LOCAL, AGENCY from the Highway Users Tax Fund. 7. Auditors of STATE and the United States shall he given access to LOCAL AGENCY'S books and records and shall be given such assistance and inforrnatiun as is requested for the purpose of checking; costs paid or to be paid by STATE hereunder. S. Deposits of LOCAI. AGENCY with STATE determined to be in excess of project needy will he refunded. ARTICLE: VI — MISCELLAtiEOUS PROVISIONS I . This agreement shall have no force or affect unless and until its provision6 and the projects have been approved by the U.S. Bureau of Public Roads. `?. The Congress of the United States, the Legislature of the. State of California, and the Governor of the State of California, :lath within their respective jurisdiction, have prescribed certain employment practices with respect to contract and other work financed with Federaal or State funds. LOCAL AGENCY shall insure that work performed under this agreement is done in conformance with rules and regulations (embodying; Such requirements where they tare applicable. Any agreement or service contract entered into by it I,OCAL AGE\CY for the performance of wOrk connected with this agreement shall incorporate Exhibit "A" attached hereto, or such other provisions as STA'I'I_ or Bureau of Public ]roads may proscribe. .3. When Federal funds are to pal•ticiplite in the cost of work done by it consultant, the agreement or contract with the consultant. may not be executod or awarded until tit(! SCIeCti011 of the consultaaaa. and the terms of tlae agreement or contract have been found by STATE to be In conformance U.S. Bureau of Public Ronds Polio• and Procedure1lernorancdum Nurnh�•r 411-6 and have, been approved by the U.S. Bureau of Public Roads. Such agrovinent or contrnet shall include it provision that the work and records of the consultant tare subject to inspection at tall times by represen tit tives of LOCAL AC)ENCY, STATE:, and the I3ureau of Public Road: and that agreement or contract may be terminated by LOCAL AGENCY upon it finding; that the consultant is failing; to live up to the terms of tho agreement or contract. All major chtinges in the tigr(!(!- ment or contract must have prior approval of U.S. Bureau of Public Roads. All such approvals shall be requested through S'I'A'I'E. As soon as agreement or contract with consultant has berm awarded five cvrtifivo copies of said ag;reemcnit or contract shall bo submitted to STATE.. FORM HCC 208 10/61 —6 — WOPICS itGREEMEA7 ' 1. (a) Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything clone or omitted to be clone by a LOCAL AGE\CY under or i►, connection with any work, authority or jurisdiction delegated to it LOCAL . tENCY under this agreement. It is also understood till(] agreed that, pursuant to Government Coda Section Ii!);i.•I, LOCAL AGENCY shall fully indemnify and hold STATE harmless front tiny liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted t.o he clone, by LOCAL AG:.NCY under or in connection with any work, authority (it- jurisdiction delegated to LOCAL AGENCY under this agreement. (h) Neither LOCAL AGENCY nor any officer or employee thereof, shall be responsible for tin\• damage or liability occurring by reason of anything clone or omitted to be done by STATE urder or in connection with any work, authority or jurisdiction not delegates] to LOCAL AGENCY under this agreement. 1.t i:5 also understood till(] agreed that, pursuant to Government Code Section STATE shall fully indemnify and hole,] LOCAL AGENCY harmless from any liability im- posed for injury (as defined by Government Code Section 810.8) occurring by reason of anything donor or omitted to be clone by STATE under or in connection with tiny work, authority or juris- diction not delegated to LOCAL AGENCY under this agreement. :,. If STATE is name(] as it defendant in a suit involving a local highway, LOCAL AGENCY will at reclttest of STATE assume full responsibility for the conduct of the defense or will provide such assistilnc-0 as STATE may require and ay any judgments issued against STATE and all costs in connection with the defense. STATE reserves right to represent itself in any liti- gation in which S'I'ATE'S interests tire tit stake. G. Should there he it conflict between the provisions of tit(! attached L•'xhibit "B" and other provisions of this agreement those in Exhibit. "B" shall apply. ARTICLE V11 — MAINTE\AtiC'E 1 . upon acceptance by the awarding authority of it completed TOPICS itllprovement project or upon the contractor being relieved of the responsibility for maintaining and protecting it portion of the work, the agency having jurisdiction over the street shall maintain the completed work in it ilranner satisfactory to the authorized represviitatives of the United Stilt(.-;. If. within 90 days after receipt of notice from STATE that it project on ,i street under its jurisdiction or any portion thereof. is not honing properly maintained, LOCAL AGENCY has not satisfactorily remedied the conditions complained of, the approve l cif further Federal-aid projects of LOCAL AGENCY will be withheld until the project shall have bran put. in it condition of maintenance Slit isfactory to STATE' -in(] the Burevii of Public Roads. o. The maintenance referred to in paragraph 1 nhovo include.. not only the physical con- dition of the facility hilt its operation as wall. 'l'ri,ffie operations improvurilents on loch) streets shall her maintained at no cast to the U.S. Bureau of Public Roads or STATE by an admivato till(] well tr-iined stuff of traffic engineers till(] technicians. Said maintem.-nor staff stay 1w enl- plo,yees of a LO(:'AL AGENCY, another unit of governmr.nt or a consultant under contract with It LOCAL AGENCY. :1. 'I'lw maintenance referred to abovcr includes also ally traffic regulations or ordinanc e'4 rlecos1411t•y for the operation of the network including the prohibition of parking; tit specified times and controls over the dircrction of travel. The required local regulations or ordinances shall be .specified in the design study report and LOCAL AGENCY shall furnish STATE with evidence that they have been adopted, prior to final acceptance of the completed work by the U.S. Burmw of Public: Roads. No ehi:nge shall he trade in such regulations without prior approval of the U.S. Bureau of Public Roads unless LOCAL. AGENCY has it traffic engineering unit within its own organization functioning in it mariner neueptable to said Bureau. It is agreed that tingle parking adjacent to the through traffic lanes is nut to be permitted tit tiny time in the,- future v ithin the limits of tin improver nent project that i- financed in part with TOPIC.-� or other federal fund. FORM MCC 209 10169 —(--- ri 1 TOPICS A Ch F F /F` 7 IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officers. STATE OF CALIFORNIA CITY OF HUNTING TON 's3�:iI011 Department of Public Works Division of Highways J .A. LEGARRA By State Highway Engineer Skiyor PRO TES! n. 000 By _ ATTEST: IIQ Pcdcral Aid (IIIII City-County Projects I:nginccr tf C mr v Approval Recommended: District Engineer By ._ Chairman, Board oT Supervisors District City-Count), Projects Ei.ginccr ATTEST: _ Clerk of Board Approved as to Form and Procedure: Attorney, Department of Public Worhs FORM HCC 208 10/69 —8— �t- TOPICS AGREEMENT EXHIBIT A Nondiscrimination Provisions: During the performance of this contract, the contractor, for itself, its assignees and suc- cessors in interest (hereinafter referred to as the "contractor"), agrees as follows: 1. Complianre with Regulations: The contractor will comply with the Regulations of the Department of Commerce relative to nondiscrimination in federally-assisted programs of the De- partment of Commerce (Title; 15, Code of Federal Regulations, Part S, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a nart of this contact. 2. Nondiscrimination: The contractor, with regard to the wort: pe:fortned by it after award and prior to completion of the contract work:, will not discriminate on the ground of race, color, or national origin in the selection and retention o► subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section SA of the Regu it. .ions, including employment practices when the contract covers it program set forth in Appendi:c Ii of the Regulations. 3. Solicitations jcr SubcoWracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. 4. InJormation and Deports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued purstian. thereto, and will permit access to its books, rer•ords, accounts, other sources of information, and its facilities as may be determined j by the State Highway Department or the Bureau of Public Roads to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in they exclusive possession of another who fails or refuses to furnish this infor- mation, the contractor shall so certify to the State IIighway Department, or the Bureau of Public Roads its appropriate, and shall set forth what efforts it hos made to obtain the information. 5. Sanctions ;or ► oncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, tine Stater highway Department shall impose such contract .,anr..tions a5 it or the Bureau of Public Roads u.ay determine to he appropriate, including, but not limited to, (a) withholding of payments to the contractor under, the contract until the contrautor com- plies, and/or Y (b) cancellation, termination or suspension of the contract, in whole or in part. 6. Incorporation of i'rovi.sions: The contractor will include the provisions of paragraph I through G in every subcontract, including; procurements of materials and leases of equ-pnici t., unless exempt by the Regulations, order, or instructions issued pursuant thereto. The contractor will take such action -.with respect t,c) any subcontract or procurement as the State Ilighway De- partment. or the Bureau of Public Roads may direct its it means of enforcing such provisions in- cluding; sanctions for noncompliance: Provided, how(ver, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as it result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into Such litigation to protect tho interests of the United States. Form HCC 20{3 10/69 — 9 — ti t �OPICS AGREEKE:�T . ,. EXHIBIT' B FASTER AGREEMENT FOR TOPICS PROGRAM BETWEEN STATE AND CITY OF HUNTINGTON BEACH DESCRIPTION OF PROJECT The preparation cf an AREAWIDE TOPICS PLAN AND STUDY REPORT covering the entire 1)Grtion of the C:S.ty of Huntington Beach within t-he existing Urban Area boundaries approved by the FHD.A . PERFORMANCE OF WORK The City %ill contract with Lampman and Associates: a corporation with an office at 300 Pomona Mail West, Suite A. Pomona, California 91766. The contract will conform to the draf - approved by the FHWA on February 16, 197" . No cork is to be done by consultant until authorization to proceed has been issues: Fj - l STATE. ESTIMATED PROJECT COST AND FINANCING : Federal TOPICS Funds (71 . 30N) $17, 112 Local Agency Matching Funds (28.75) 6, $88 TOTAL COST Or APPROVED TOPICS PROJECT $24, 000 LOCAL AGENCY expenditures for work supplemental to that performed by the consultant and that listed in attachment to tie consultant agreement, ;il? be financed from other funds ,--ithc1 t reimbursement . COORDINATING AGENT Pending the designation of an official coon. dinatIng agent in accordance wi-h Seetlon 2316 of the Streets and Highc,:a.-ys Code, the District Office of the Division of Highways will perforr-n tr:c required coordinating functions . SPECIAL C OVE:NA NTS Article VI, Paragraph 5 of this agreement applies on.1y to local highway improvements or other urork on local high;-rays financed partially with Federal TOPICS Funds in accordance, :.rW th .his agreement, The preparation; completion, or submission of the General Plan of HighnAy Improvement's and the IS months limitation specified in Article II and Article !!I shall not apply to this agreement . Coordination of the Areat-r:'.dc TOPICS Plan -r.ith any exist-In Local Agency General Plan for Highway Improvements is required . RESOLUTION 110. A RESOLU11JON OF THE CITY COUNCIL OF 'THr CITY Ol' mivr .NGTON MACH, CALIFORNIA AUTHORIZING THE EXECUTION OF AN' AGRFEwar BETWEEN THE CTTY OF HiJNTI.NGTON BEACH AND THE STATE OF C..ALIFORNIA, AND ALSO AUTHORIZING THE: EXECUTION OF' A SFCONI) AGREEMENT BETWEEN SAID CITY AND A CONSULTANT FOR THE I'IIRPOSF OF IMPLEMENTING THAT CERTAIN TRAFFIC OPERATIONS l.MPR0%1EMFN1i' V OGRAM KNOWN AS "TOPICS ." I.,MERF:AS, the Congress of the United States has in the Federal Aid HIvhw,:y Act of 1968 dec•larr:d it Lo be in the national interest fur f•vdf..r:al Funds to be expended for a "'Topics" program cunsisting of de.velupins,, traf f iL. operation:, ittiprovements on a 3ysteniaLlc basis in accordance wi~h an area -w] d(- pi in a ne►_work of artc.rial and other major stre(As Within tlrl:an aveas; .and, WHEREAS, Lhe Legislature of t}i(: -;tAaz of Ciil i xurni,i 11,1t, ella(.Aod Chal)Ler 1161 of the titaLuLCS of 1969, by which the federal funds aut.liu:1 -rIei riav tmid(� a;':lil,lble for u-t_ an county highways , cit; stct.et;. :inu =Late Ifi .:1;4:.:} tc, r�:di,L.t: tr,ti f` •_ tong-estiorl and to fact li.traLe- Lhe f low of traff i.c :n u1 lmn ;.n ,ar,:ovdance with tip(: intent of Lhe federal :icL; and, WHERF'AS, Lhc•1•(• eyists is corq) '1 lint, need for Lirtti IL' op( rat ion 011 ;Lrects within tht. hound:aricz, of the t: ity of IiHEHEAS, the city f liuntin.;Lon fi(- sch and Lhe Stat.e of :r :r(f] ., t1�c1'cfl�c', (tc >. iir. to make ust:: (if such ""i'r,pi::," fund. as li;ay ht, riad( avail :lt,l( v. �It"Jr) ih(: iuri.dic t.ional boundaries of the: city of lluntinpton rant, WHF.REA.;, before Federal Aid willhc. itiade a��ti: i.l .1l)it: ti;: ,, " 1 , 1; it '•" ,;I si Lhe r. i .y of lfuntJ.ngton Beach :and the State of Ca i fir n1a .are r• ;u ; ra:r! L:! ( i1tf:.r it�L(_, an agreetiictlt. with respecL to the ltrei.1r11';tLi.011 :)t an dnc] W101 respect. to Lhe CQnSttactiun , ma!nLt'nrartc;e rind cvaltuition r,f. .­ilC.l) " il:l)lt l,rr improvernent lit';;)jec.t i ,as may be' f itinnced in parL wi t'.ta t('.tlr•r;.al "Topics" t"und'i ; ofid, W11EREAF, the "Topics" program further pr:rrfits that the t iLy of Hu:►tiniAuti li!'rach triny fixer.:ULP Lt ::ecoi id and .` epurFatt' agrt'er;lent wt th a pr l v atc (oro3,_I L� ,tnt. to (:Oa,pletfI. the irfl)Icrm!nL a1.ion of the "Toplcn" plan, i�OW, THE;R,r*i-. :, i,E IT' itE,,,oLVLD by the C] t:y (:aunt.i 1 of the r 1 t, c,f Hun t. in"ton Beach that th(. Mayor and City Clerk are hereby atltif(,ri ,ed to cx(:,' :ttr L,1at_ curtain a,;reen►r. r1L by ,and be Lwtc:n the city of Huntington heath and Llie SLat (- W. Cal 1foritl a Providing fot the preparation of an t,rea-wide " Ic,pic_:" plan ..•:•: .•S•llSr2r..A2! � • USr2 �1•i•. , Re r-,o I u v.ion No . part ii ular!;; described ray. Ag -eement -No. 42 for Urban Aren No. 304l known its 01C ! !, Ar.yelc_s Urban area, which agreement is dated March 15, 11)7 1 ; i!"r, 1T FURTHER R(:tiOLVFD that the Mayor and Cf ty ClerK ar;2 ;.'tathurized a second agrevt;ient between the city of HuntingLon Bc::al:h :md tiVIL !�r gain Consultant, des;cribcd therein for the purpose o; implr-=r,ett:, i.n t!•L• aCort_- :•:%.nl i r,!ie(J prc;grain. i'A�SEI1 AND Af,'OP1ED this -1 ''i�__._ c};IV clf LL r • � 1tr_' � . Ill • SI'A'I't', ()14' CA1.lf'ORNI.A ) ('()t,,\ I'1 O UIZAN(;E ) Sti CITY 11UNI'T1\(.RTON BF-ACl1 ) 1 , PAUL C. JONIIS , thc! duly u 1 c'c t c (.1 . (1u:1 I i t' i c d mid acting CH}, Clerk of' the City of' llun t. i lrg t.r►n Bench . mill ex-- (+.1' I' i c i o C I urk of, t.be City council o I' u4tr i d C i t.y , (1+1 her.ehy c;('1•t. i f';, that the whole rltlmber of, menlbel's of ( fie ui t Y ('crr111C ' 1 ,) I the City (it' Ilun t i ngtc►n Beach is sovon; that I'llu kir•c'L;•►► i rlL� r ef-io lu t i colt was i1a:,sed and adopted by the r1 f 1' i rmt-r t i v i..' vc) 1.c: c► I' 1110t*v 111.111 rr majority (it' all the members or Said city Courrc;i I tr i tr r�c' a 1111� me t i.ng• thereof hul d oil the (I,Iy (>I' _ 1,9 'r•.L by HIL. 1"c111owi11", vt? te : 11ti't�.ti : Comic: i..lmen : ,11.3` :NT : Counc i I men : Li Cy C' 1 (�I'l. and (�! -c, t' t'.i (.: i ►> t; l v rk of I1`1111t i n1;i '►n Beach . Un l i t'(,l-lli o ,•� � . ;. � , •, :�•., l�fi E•: lip :It:.: ' A4 1 � ll n 7 .. t 1 �, . 1 .'����. ? 1 �' • 11 T 1. 1 f DATE-- June 26T F-97?� �}�SUPPLEMENT NO 1 TO LOCAL AGENCY - STATE • '+ AGREEMEN T NO 42 P RED" G R A of LOCAL AGENCY TOPICS IMPROVEMENT PROJECTS in the City of Huntington Beach Local Agency Pursuant to the Urban Area Traffic Operations Improvement Act (commencing with Section 2300 of the Streets and Highways Code) and to Section 135 of Title 23 U.S. Code, the attached "Pro- gram" of Traffic Operations Improvements marked "Exhibit A" is hereby incorporated in that Master Agreement for the TOPICS Program which was entered into between the above named LOCAL AGENCY and the STATE on March 15, 1971 and is subject to all of the terms and conditions thereof. E The subject program is adopted in accordance with Paragraph 5 of Aaticle III of the aforementioned agreement under authority of City/ft. & Resolution No._ 3514 approved by the City Council/ 1 0^.IXdt2�6tS D4X3 5:on June 28 , 19222 (See copy attached.) r , .amity of M -tJn t1on Beach______ Lrcal ! t1cncy By _. Title Maya Attest: Paul C . ,Tones Clerk By : Assist:ant it:y Cart; Approved for State R. J. DATEL State Highway Engineer By City and Caunly Liaison Engineer • Division of Highways . Department of Public Works rORM HCC 207 (2/72) -- 1 — r TOPICS EXHIBIT ttAtt + , { PROGRAM OF TRAFFIC OPERATIONS IMPROVEMENTS City of DATE: June 26, 1972 PROGI?AN s$UxSupplement No. 1 LOCAL AGENCY: Huntington Beech Project No. Location & Description Total Cost Federal Funds Matching Funds• EHS T- At six intersections in Const. 3041 (171 ) the City of Huntington City State Beach. - $162, 500 $116, 260 $40, 960 $5,280 AM C .E . , 16,000 11, 440 $ 4, o4G 520 Totals $178, 500 $127,700 $45, aoo $5,800 I "Local ABunay rands unless otherwise specirled Special Covenants or Remarks: 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VII • MAINTENANCE of the aforementioned Master Agreement will be performed by Ci*cy of Huntington Beach at regular intervals or as required for efficient l operation of the completed improvements. 2. The actual funds for the project will be set up on the basis of contract prices after bids for the work have been opened. The City agrees to use maximum Federal Funds participation and accepts any lncrea;-e in Local Agency funds . 3 . Final accounting of TOPICS funds and matching funds, for the above project, shall be a plied in accordance with the terms of a separate cocoerative agreement no. 0002932 executed 1277/71 by and between the Local Agency and the State . FORM HCC 207 (2/72) — 2 -- t j RESOLUTION NO. 3514 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING EXECUTION OI. PROGRAM SUPPLEmEN`I' NO . 13 TOFICS PROJECT , LOCAL, AGENCY/STATE AGREEMENT h10 . 42 WHE tEAS', by Re.-3olution No . 3302 , 1dorte-: T'Zarch 15 , 19713 and aE�I'Cf?Itinllt , tr':{EC41tE'iY Iiarct� 15 , 1c971 ,, •h, �� I f:�J o:`' iiUl"1t; 111tvt (?Il Iseach became a rarticiparit in the "+I'()I'i c,'�, Approval of Program SLIPPI.errient: project on the f aclfic Coast I-I.i.R:,1voia,, participation by the Stat:G of Califc;l'ri i 'a 1 r, pro j t-r_ t: , NOt'J , 'I+HEI�F.Fc)R%J , BE IT ;SESOLVEP i ty of Ilunt:.tngl.- on Beach `i•hat it: doe'.. ment No . I. , TOPICS Prc,` ec`; , L,c. a'_ A; +.>rr . ' :►_' P.f-r'_'t�r:E-:+'. '; 42 , a (2c.p . of ahich i:. al,t:,:.c'ned _i rjart here-of . 13E I FIJR'I'I1ER RES0L ,'r"�D ti ti;►: :n C i. t• I r'i'; ::1, . t he��ret,.;l' auJlthorized un b half' f t:ire� Ci t.;, t;T:.ra '� :r'•tl execute j1"'���.1'am .l uT- p .It.•1n nt :,i'.i • �. � 0!'j.►_'�_ r'..� .. !� , lJoc t 3t:c Al,.reement. 11 , c: !t, P1',SS::D Idif.) ADOPTED t;,• theref' t , t• i1.] • I!Lli�it;.Ln��.t� .�rl t)c.a►.Il rt I"1 a 1 r I1t.'�i (*:n the ;i:ty of June 11.7)7 '-. . r r i ` Res . No .3514 f� STATE OF CALIFORNIA ) f COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C . JONES , the duly elected , qualified and acting City Clerk of the City of Huntington Beach , and ex- officio Clerk of the City Council of said City , do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular sd,join ned meeting thereof Meld on the 251t=h day of . tine , 19__L2 , by the following vote : AYES : Councilmen : Bartlett: , Mat:nev Duke , Coen NOES : Councilmen : ABSENT : Councilmen :. Shipley , Gibbs , Green City C:lerl; and ex--o1'fi c.i c, Clerk of the City Council of the City of 111111tingtc�ci 13euCh . Ca 1 i t'or•tlia - "' :ssist<< n � �7-cork i .. .. r !�L i'.�tt Si.S�. i;\�7 i t' `. ,.I r.!• � 1;) :et 1.�j7\l:l.... j 12 , _ f { t. #_. <!!(', i, i... ;:- I Stitt• ( � ,, R /o � � r City of Huntington Beach P.O. BOX ISO CALIFORNIA 92648 ENGINEERING DEPARTMENT November 30 , 1973 Frank B. Arguello Finance Director City of Huntington Beach Subject : TOPICS Project, CC-198 Dear Mr. Arguello : The subject contract has been completed by Smith Electric Supply and it is hereby requested that the final progress payment be made. The project summary is as follows : FINAL PROGRESS ESTIMATE DATED NOVEMBER 29 , 1973 1 Total amount earned $204 , 750 . 68 Retention (10% ) 20 , 072 . 80 Amount paid or payable 4 , 022 . 68 Total amount previously paid 180 , 655 . 20 Amount due under this estimate 4 , 022 . 68 Total contract bid price 200 , 728 . 00 Total contract change order (to date) 4 , 022 . 68 Total contract price (to date) 204 , 750 . 68 It is recommended that the request be approved and the Finance Department be instructed to prepare a check in the amount of $4 , 022 . 68 , and to prepare the 10% retention payment check after the normal 35--day period following the filing of notice of completion . Very truly yours , 1I . E . H4r'tge Acting Director of Public Works ar I City E-ngi.neer HEII: WJS: ae 1 cc : Administj-ation V' Ci ty Clerk w .J� City of Huntington Beach (#�a� P.O. BOX 1so CALIFORNIA 92640 ENGINEERING DEPARTMENT November 30 , 1973 Honorable 14ayor and City Council City of Huntington Beach Attention: David D . Rowlands City Administrator Subject: TOPICS Project , CC-198 Gentlemen: The work on the subject contract has been completed by Smith Electric Supply for a final contract amount of $204 , 750 . 6$ . It is reconimended that your Honorable Body accept the work and instruct the City Clerk to file the notice of completion. r Very truly yours , H. E . Hart`ge Acting Director of Public W(.)rls and City Engineer HEH:DBB: ae . �1 a �t ( � -/IS' .�� City of Huntington Beach rf P.O. BOX 190 CALIFORNIA 92540 ENGINEERING DF.PARTMENT September 21, 1973 Frank B. Arguello Finance Director City of Huntington Beach Subject: TOPICS Project, CC--198 Dear Mr. Arguello: Transmitted herewith is an invoice and request for progress payment No. 4 from Smith Electric Supply, 10792 Knott Avenue , Stanton, California 90880 for work performed on the subject contrac The contract summary , to date, is as follows : MONTHLY PROGRESS ESTIMATE NO. 4 DATED SEPTEMB13R 21 , 1973 Total amount earned $200 , 728 . 00 Retention (10%) 20, 072 . 80 Iunount paid or payable 36 , 131 . 04 Total amount previously paid 144 , 524 . 16 Amount due under this e t•imato 36 , 131 . 04 Total contract bid price 200 , 728 . 00 It is recommended that the request be approved and the Finance Department be instructed to prepare a check in the amount of $36 , 131 . 04 . Very truly yours , H . E . Har tge-' - Acting Director. of Public Works and City Engineer HEH :WJS : ae Trans . cc: .Administration City Clerk f I s City of Huntington Beach y �` • P.O. BOX 130 CALIFORNIA 92648 ENGINEERING DEPARTMENT April 10, 1973 Frank B. Arguello Finance Director City of Huntington Beach Subject: Traffic Signal Installations, CC- 198 Dear :•lr. Arguello: Transmitted herewith is an invoice and request for progress payment No. 3 from Smith Electric Supply, 10792 Knott Avenue, Stanton, California 90680, for work performed on the subject contracL. The contract summary, to data , is as fellows : MONTHLY PROGRESS EST1-MKFE NO. 3 DATED MR(Al 30, 19 i 3 Total amount earned $160,528.40 Retention ( 10%) 16,053.24 Amount paid or payable 369131.04 Total amount previously paid 108,393. 1.2 Amount due under this estimate 36, 131 .04 Total contract bicl price 200,728 .00 It is recommended that Lhe request he approved and the Finance Department be instructed to prepare a check in the amount of $369131.04. Very truly yours, �r r 1mes R. Wheeler • Director of Publ icy Works .1 i'W:1r1,.1 S;a e Trans. CC . Admini:: t rat ion %City Clark fl "1 A 4 September • Y �F 7� Smith • Supply i ott Avenue Stanton, •0 • •0 'y1 14,,�• �f Gentlemen: fEnclosed is an executed copy of • r�•I of • Beach fors • of s C s • lighting facilities at various intersections city - ' : Also ncloned is your, bid bond which was submitted with G1� y t an August 7, 1972. your proposal - 1':;A � . Sincerely yours , l' Paul C. JOnes City Clerk ,•, +t i ' A 5 ra 4 i Yr y 1 ilk v6 ` a,.l, i..;. h ' .4 L• 'd .+.•t. .r, �.� �/'". . P+ ''�,r,' r• r.� a � v •a,' ,w: !} ' •.� ,`A,�r, A i.a. .. �" �� '�.,}. y,,� _ . i 'Ml,. '`, ..�i y fi i:' :+.: (1 t}%� ;�' ;•., '�;i 13"��(y�: Y .x�. �•`�Y J�( /'��.`' 1,e. ,�'M' '1 t� �. fit, .�S" r s• '� +� {� � j 1� .a '�'� i �� '.� �:�1C ��77Y.: i;� '� � �' �� ':'W+ �p•�jl��' ,� +"rF'r� ,'+{S� �� j i.'+fit l'aiM ��� r.I ,�9'i p ;�l ��' v 1� _* n� r .'�: 1 - ���!' �" ,fir" r' "' , l � ' ,�•r �' 4'� mow. � ri.� ,. r. �;, :f ,+ + lr� � � � h": +�., � F � "1• ;4, ice'. - �/ 'li , '1 .'rf' �, -1• � I��1 I' i .� � Y��� 5 _ F� •��'^ 1 ,1f i '1�,t + � •v,• r, rr, 4 +{ .1�� i"i� ♦_ aT �� .. ti �' ,w.n' r, 1 � " A � ,A. i � +• I., "..*.+ � ► 41 � w 5 ,, .+ � 1 r ; 1 '. i. + •• ;+. 1 ,f, y.: -J ,,'"1 #�. August 22, 1972 ,--- Smith Elecl:ric Supply 10792 Knott Avenue Stanton, .CA 90680 Gentlemen: We are transmitting four (4) copies of a contract for the -- installation of traffic signals and lighting facil_ 'es at the intersections of various streets in the City of is ittngton 1 Beach, Fro,ject CC-198. The contract was awarded to you, irm at the regular meeting of the City Council held on Monday, + August 21, 1972. ' Will you kindly execute the contrncts and have all signatures ! notarized on all copies and return to this office, together with the Labor and Materials Mond equal to fifty (507.) percent and Performance Bond in .the amount of one hundwed (1007.) percent 1 / of the contract price. Also enclosed are two acts of a Certificate of Insurance in quadruplicate. This insurance form is the only �a one that will be accepted by the City of Huntington Beach. Please return one set with the bonds and executed contracts. Following approval of these bonds and insurance, the City will execute the contract and return a copy to you. Sincerely yours, o�. �S is ' Paul C. Jones t, City Clerk PCJ:p t. Encls. , .A• Y „ p"y r,';x it A , 1 PROPOSP, TO THE CITY OF HUNTINGTON BEACH / -,�- FOR THE INSTALLATION OF TR/.FFIC, SIGNAL AND LIGHTING FACILITIES AT THE INTERSECTIONS OF: Location A - PACIFIC COAST HIGHWAY AND NEWI.AND STREET Location B - EDWARDS STREET AND McFADDEN AVENUE Location C: - EDWARDS STREET AND HEIL AVENUE Location D - BUSHARD STREET AND IiA.tilLTON AVENUE s 1,nr•A t.i on F _ RtIF- ARD STREET AND ATLANTA AVENUE ..Or,Z.L i o11 r' - C- 1 N S71RUT AND SEVE1,1TEENTH STREET To the Honorable Mayor and City Council, City of Huntington Beach, California: Published Huntington Beach Nerva July s, July 13, 1972. • In compliance with the annexed notice inviting 1J OTICE INVITIrof SEALED AIDS staled proposals, I hereby propose and agree THE INSTALLATION OF TRAFFIC SIGNAL ~.) enter into a contract to perform the work AND LIGHTING 'FACILITIES AT THE INTERSECTIONS of herein described and to furnish the materials Location A — PACIFIC COAST HIGHWAY therefore according to the plans, specifications AND NEWLAND STREET Location Q EDWARDS STREET AND and special provisions for the said work and to Lo aFA DEN AEDWARDS STREET AND the satisfaction of and under the supervision tioHEIL AVENUE . of the Director of Public Works of said City of Location 0 — BUSHARD STREET AND HAMILTON AVENUE Huntington Beach, California, Location E — BUSHARD STREET AND ATLANTA AVENUE Location F --' MAIN STREET AND SEV- ENTEENTH The undersigned has not accepted any bid from STREET an subcontractor or materi.alman through any FEDERAL AID TOPICS PROJECT NUMBER y roU K EHs-T•3041 t»tf bid depository, the by-laws, rules or regaletions CASH CONTRACT NUMBER CC•198 of which prohibit or prevent the contractor from Notice is hereby given that the City Council of the City of Huntington Beach, , considering any bid from any subcontractor or California, will receive scaled bids for materialman which is not roces3ec through said ltio installation of traffic signal and p $ lighting facilities at the above named bid depository, or which revet. '. an subcontractor intersections within the City of Hunting- ton Beach, California, in accordance with or mmterialman from bidding to contractor the plans and specifications and special provisions on file in the office of the who does not use the facilities of !' accept bids Director of Public Works on ur after from or through such bid depository. Juno 3D, 1972. A charge of $15.00, not $ p y' refundable, will be required for each set spcciiications and accompanying draw- ings. For the: furnishing of all labor, ma teri find mIntsaccodanc Cwith federal equ of equipment, and ur all incidental work neCL- ry , the CityHuntington Beach has incorporated the to deliver all the improvements complete in 1) . federal minimum wages as published in the Federal Register, Volume35, No. 172- in Strict conformity with the plans, specifica_ti Friday, September 3, 1971 - copies of and special. provisions on file in the office of which are on file at the office of the p r Director of Public Works, City Han, Hunt- the Director of Public. Works, City of Huntington. ington Beach, California. - Plan; and specifications•t000ther with Beach, California, I propose and ngree to tnk'l proposal farm may be inspected at the full payment therefore at the following unit �94 office of the Director of Public Works, City Hall, Huntington Beach, California, prices, to wit.: No bid will be received unless it is ` �`„-" ""'• made on a blank farm turn.'sh_d by the Apprc City. The specini attention of prospective Item f cRate bidders Is caned to the specifications, trritten in words Unit Price Total for full directions as to the bidding, ant The foregoing quantities are approxi- mate o71y, being (liven as a basis for the comparison of bids, ind the City of A Cam j Huntington Beach doo-. not express or f i C S 1 rig,I ctitl(} l i' }1 t l t);; • h by implication agree that the actual � b amount of work will correspond there- - CoaS t ij Ilway and Newland with but reserves the ri(;lit to increaseG— or decrease the amount on any class � �� L.�tlet�tr_� ,r fLfV I.l!r11' .`iii}d •//�c• -� j �� U+r or portion of the work as may bu deemed necessary or expedient by the I y Director of Public Works. } L �A�� All bids will be compared on the basis of the City's estimate of the quantities of work to he done. E•-1 Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, City Hall, Hunt- Ington Beach, California; shall be sealed and filed v„th the City Clerk at 520 Pecan Street, of said City on or before 10:00 A.M. of August 7. 1972. and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works in the Civic Center at 10:00 A.M., or as soon there• after as possible, and the results of said bidding will b'r 'reported to the City Council of said City of Huntington Beach at their regular, meet(nC'to be held on Monday, the 7th•day'of August, 1972, at the hour of 7:00 P.M. In thu City Council Chambers in the Council Chambers in tha City Hall of said ,City of HU6tinston Beach'and Shall be acted upon by said City Council at.the said regular meeting of August 7,072.' The Cily of Huntington Beach, Califor- nia, reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the City of Hunt. 1 ington Beach, California. By order the the City Council of the a, City of Huntington Beach, California th 4 this 5t1� day of June 1972. be ATTEST: a: Paul C. Jones ai City Clerk o' 1 \` +S ! i PROP01), TO THE CITY OF HUI'iUNGTON BEACH ✓tt=-t� • FOR THE INSTALLATION OF TRAFFIC SIGNAL AND LIGHTING FACILITIES AT THE Irv`TE' tSECTIONS OF: , Locatiion A - PACIFIC COAST HIGH4AY AND NEWLAND STREIFT Loca tion ll - EDWARDS STREET AND McFADDEN AVENUE Location C - EEKiARDS STREET AND HEIL AVENUE Location D - TIUSHARD STREET AND HAMILTON AVENUE Lnc,n t. nn F - 1111SIlaD STREET AND ATLANTA AVENUE f.+:aC t:iart - )I IN STREET AND SEVENTEENTH STREET se��al{ t{uns attwa:) sumitinoo a;�uu+ i To the Honorable Mayor and City Council , City rf t _,io p,{ualul os;n{t .tu uL itIMIN? Huntington Beach, California: -.tul►s{n palsa.t;:lul 03 s:1.to.,t .t101111IJ51XIItU In compliance with the annexed notice inviting t -odutl .Ijuu MItas .tlatll atu.t3 uouta{) t 03 phut{ uu Olt IIIA% tuaut o SWIM � sealed proposals, I hereby prcpose and agree t •ttl:tlupltu ( 3 ucunt uut.t) .ctlt:tt to enter intc a contract to perform the Mork t •L�• ttitt�nf tl�ni►.1t13 herein described and to furnish the materials I . ; therefore according to the plans, specifications It() altlolatl OUp'pl i, i)tuc►s ,Scl pa.�t;,ln l ;,cl of ti•cu{ci {u ;;ttl,tc:rta,tct sct�)t{ 4� and special provisions for the said work and to "autcn{ .110tl3 , the satisfaction of and under the supervision s ul .<sttq aau uhilus1Jt:•la Will �t`l3•tt: ' of the Director of Public Works of said City of � ) tsaul! S,Ua.iu atlI Jn c•9I auu)c Huntington Beach, California.•luawa:laxa pue cj to JSUetlawoa ''t WDE SILI?un to The undersigned has not accepted any bid from pawaolsueal aney 'tlaea� :�un;Ie�l , • � I In luea2Ied pue Slay )o ;!:nilsaj any subcontractor or amterialini-n through any aid t3lLE atll jol suoilertedaad bid depository, the )y- lijws, rules or regulations A011 S of which prohibit or prevent: the contractor from considering my bid from any subcontractor o:- C� avAterialman which is not roces;sed through said P S bid &2pository, or which prevent any subcontractor or maLerialman from bidding to any ccmtrac t.or 1)L) who does not use the f ac' l i tie!, of o:• ac:cepL bids from or through such bid depo.si.Cory. t For the furnishing of all labor, tow teri ais and �M ut agaltoD atciS u04J5a0n3 equipmene, and or al '_ incidental work nLcessary iuty purr a2alto0 1,alJ t:aluow to deliver all the improvements zomplete in place i antaaat Illh� woes !. IL61 in strict conformity with the plans specifications jUnUI*IawV a0 .i 11;)I) ;sa,M attt to and special i a 1 provisions,i ons ou file i n the poffice of �lawy pue l'tldl) !uatt.a;ad uu�(-1 P P r his iwujp ,-jo±uag -- S83NNIM tho Director of Public Works , City of. Huntington Becich, CslifornL3, I propose and agree to tags full payment therefore at: the following unit pries, to wit: Attproxi Itctzt ` OLnte aeon with unit prig: w•�itten in words Unit. Price 'Latin t Ouanti A. C Owl)1, to lnstF' llrtt of- 1:1-nFflc 5it',nAl 4nd lfehtitt ; Biro 1 1 t t.i 1 r fit Pr.,� ; i r. rc;es t I fi-lhuny And Ne". 1 r:r.d 0-0 LL-' 3�--'c� ,t ..L��c�Z_.i�. ,;� it.1[� I.(,i,s- ;. M �r c -� 1 �- f• �i+ E-1 Mm r M 1 r, (This guaranty shall be executed by the suocess£ul bidder in accordance► with 'instructions in the special provisions. The bidder R may execute the guaranty on this page at the time '•. . of submitting his bid. ) GUARANTY To the city of Hunginton Beach Department of Public Works. << For Federal aid topics project number EHS-T-3041 (171) The undersigned guarantees the construction and installation of the follo-wing t work included in this project; The operation of the controllers, cabinets, and auxiliary equipment for locations B, C, D, E, and F. Should any of the materials or equipment prove defective or should the work � as a whole prove defective, due to faulty Workmanship, material furnished or methods of installations, or should the work or any part thereof fail to operate s properly as originally intended and in accordance with the plans and specifications , due to any of the above causes, all within 6 months after date on which this contract is accepted by the city of Huntington Beach, the undersigned agrees to reimburse the City upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of anv such equipment or materials replaced and the cost �f removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the city of Huntington Beach, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated. The city of Huntington Bee _It shall have the unqualified option to make at,y needed replacements or repai;:s itself or to have such replacements or repairs done by the undersigned. In the event the city of Hunginton Beach elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary stall be furnished and installed within a reasonable time after the receipt of demand From the City. If the undersigned shall fail or refuse to comply with his obligations underthis guaranty, the city of Huntington Beach shad be entitled to all costs and expenses, including ' attorney 's fees , reasonably incurred by reason of the said failure or refusal . Contractor Da to E - 1 1 A- Ci Y of Huntington Beach P.O. 9OX 190 CALIFORNIA 92640 ENGINEERING DEPARTMENT August 21, 1972 Honorable Mayor and City Council City of Huntington_ Beach Attention: David D. Rowlands City Administrator Subject: TOPICS Project Gentlemen: The City received permission today from the Federal Highway Administration and from the State Division of Highways to award a contract for this project,. It is recommended that the contract be awarded to the lowest responsible bidder, Smith Electric Company. Very truly yours, ZZ,ec, /1." (7 James R. heeler �--� Director of Pubtic Works JRW:RR1.:el BID MM. ARY SHEET DATE: B-7-72 ENGINEER'S ESTIMATE: 155=000,00 JOB AND CC NUMBER: Topics Program, CC-198 BIDDERS NAME TOTAL BID AMOUNT Automatic Signal Division Baxter Griffin Company Econolite Fischer d Porter Company Paul Gardner Core . Grissom & .Johnson Wm. R. Hahn Electric Singer Traffic Controls Smith Electric a47 7 � `+ 5teiny d Company Traconex, Inc. kL r s A - ' City of Huntington Beach P.O. Box 190 CALIFORNIA 02648 ENGINEERING DEPARTMENT August 7, 1972 Honorable Mayor and City Council City of Huntington Beach Attention: David D. Rowlands City Administrator Subject: Tnstallacion of Traffic Signals Federal Aid TOPICS Project #EHS-T-3041(171) CC-198 Gentlemen: The bids for the subject project to install traffic signals at the following locations, Pacific Coast Highway and Newland Street, Edwards Street and McFadden Avenue, Edwards Street and Heil Avenue, Bushard Street and Hamilton Avenue, Bushard Street and Atlanta Avenue, Main Street and 17th Street, were received this morning and have been reviewed by this office. However, prior to contract award, the bids must to reviewed by the Division of Highways on behalf of TOPICS. A recommendation will be made at a later council meeting. Very ' -uly yours, James R. Wheeler Director of Public Works H. E. Hartge City Engineer ,TRW:HEH:DBB:ae Affidavit of ficat,on Published Hung Beach Nev's July State of California NOTICE,.tNVITING SEALEu.8103 County of Orange ? ss s,: 3':t:4as:'', ,:.,'FOR'•tr ', r THE INSTALLATION,`OF TR4FFIC;SIGNAL City of Huntington Beach 'AND'..LfGHTlNtt:FACILITIES . AT THE George Farquhar, being duly sworn on oath, says: That he is a INTERSECTIONS :; citizen of the United States, over the age of twenty-one years. Lo .catian•41kci lilt 66A,ST HIGFIwAY ' That he is the printer and publisher of the Huntington Beach ` AND,n.11U, AttD;STNEkS E p p l.ocitian.�bi,-•-.�..EOW�lARGS S7P.EtR AND News, a weekly newspaper of general circulation printed and pub- McFADDEN'AVENUE ..: lished in Huntington Beach, California and circulated in the said Lacattan,C:"IrEDWARDS. STREET' AND County u: Orange an.l elsewhere and published for the dissemination HSIL.AVENUE, ,. :,, 1.., of local and other news of a general character, and has a bonn fide Lacstia;tya BtIsHARD STREET Aric � •• I�AM16T01�.:.AVENUE. ;. ...,..:.... .. ......:s•. subscription list of paying subscribers, and said paper has been ioca:tcn;F -:,S'1SHARD STREET AND established, punted and published in the State of California, and ATLANTA.AVMUE .. County of Orange, for at least one year next before the publication Loeatlori,,F,w�,MAI 'STREET, AND SEV. of the first insertion of this notice; and the said newspaper is not N?EENTH STREET,,: F. bERA4 ilD.iiiPiCS PROJECT NUMBER devoted to the interest of, or published for the entertainment of any Eys•T•aoat'f t7tl particular class, profession, trade, calling race or denomination, or ! CASH eONTRACT NUM9ER cc•tsa any number thereof. Notice is heteby givcn�'thaC the City The Huntington Beach New was adjudicated a legal newspaper council of the City of Huntington Beach, of general circulation by Judge G. K. Scovel in the Superior Court California, *11:;receive sealed bids for a County, California August 27th, 1937 by order No. A-5931. Ilia tnstallat:on of traffic above and of Orange y lighting faellttit>s at� the above named Intersections within the City of Huntintt- That the 140TICE INVITING SEAL-ED .BIDS _ ;ton pl Reach, California,spci in accordance with !provisions ptan3 pad specifications anal special provisions on file in the office of the Girector of Public ,Works on or after June 30, 1972. A charge of $15.W. not of which the annexed is a Tinted copy, %vas published in said news- refundable, will be required for each sat p py p of specifications and accompanying draw-; Ings. r at least _ tWo �HfiS�f3( In accordance with federal require-1 papa ments, the City Council of the City of Huntington Beach has incorporated the federal minimum wages a: published in commencing frorn the 6th_ day of JUI the Federal Register, Volume 36, No. 172 Friday, September 3, 2971 - copies of: ��-�, which are on file at the office of the i 19--22..., and ending on the 13th day of Ju Y Director of Public Works, City Ha 1, Hunt-; ington Beach, California. Plans and 3pecifitcations together with, proposal form may be inspected at the 19_12L, both days inclusive, and as often during said period and office .of the Director of Public Works,, times cf publication as said paper kris regularly issued, and in the City Hall, Huntington Beach, California.: regular and entire issue of said pew-spaper proper, and not :n a No bid will be receiied unless it is i made on a blank form furnished by the supplement, and said notice was published therein on the following City. The special attention of prospective' dates, to-wit: i bidders is called to the specifications, 'a ' 17 !nn r�2 The foregoing quantities are approxi- mate for full directions is to the bidding. July 6 JL11Y 13 'mate only, being given as a basis for the compariscn of bids, brad the City of Huntington Beach does rot express or by implication agree that the actual ,oO7 amount of work will correspond thcme :►•.ith but reserves the right to increase , :I ycY,�~ or decrease the amount on any class ur portion of the work as may* be F't Usher ' deemed necessary or expedient by the Subscribed and sworn to before me this 14th riav of Director of PubliCiWoiks. All bids will be compared on the basis of the City's estimate of the quantities �7 g of work to be done. July 19L— . Each bid shall be made out on a form to be obtained at the office of the Director of Public Works, City Hall, Hunt- Notary Public ington Beach, California.- seatedezied shall be i Orange County, California and filed with j the City Clerk at 520 Fecar. Street, o, said City on or before 10:00'A.M. of August 7, 1972, and sha., be opened by a committee composed of, the City Clerk. the .Cily Attorney.End: -{HO�A D. wY�t�� Director of Public Works in the Civic ,.-... Center at 10:00 A.M., or as soon there. • Notary Public-California after as possible, and the results of said. Orange County bidding will be reported to the City • 7 My Commission Evoltas Council of said City of Huntington Beach r September 12, 1974 at their regular meeting.to be held on Monday, the 7th day of August, 1972, at the hour of 7:00 P.M. in the City Council Chambers in the Council Chars bars in the City Hail of said City ,if Huntington Beach and shall be acted upon by said City Council at the sald regular meeting of August 7o I-WL The City of Huntington Beach, Califor- nia, reserves the right to fe'ect zany or all bids, and to accept the bid deemed for the bast Interest of the City o! Hunt• Ington Deach, California. By order the the city Council of tha City of Huntington Beach, California this 5th day of June 1912. ATTEST: Paul C. Jones City Clerk 6' 1 NOTICE: INVITING SEALED BIDS FOR r FOR THE INSTALLATION OF TRAFFIC SIGNAL AND v LIGHTING FACILITIES AT THE INTERSECTIONS OF Location A - PACIFIC COAST HIGHWAY AND NEWLAND STREET Location B - EDWARDS STREET AND McFADDEN AVENUE Location C - EDWARDS STREET AIM HEIL AVMUE Location D - BUSHARD STREET AND HAMILTON AVENUE Location E - BUSHARD STREET AND ATLANTA I_VENUE Location F - MAIN STREET AND SEVENTEENTH STREET FEDERAL AID TOPICS PROJECT NUMBER EHS-T-3041 (171) CASH CON'rFu%CT NUMBER CC-198 Notice is hereby given that the City Council of the City of Huntington Beach, California, will receive sealed bids for the installation of traffic signal and lighting facilities at the above named intersections within the City of Huntington Beach, California, in accordance with the plans and specifications and special provisions on file in the office of the Director of Public Works on or after June 30, 1972. A charge of $15.00, not refundable., will be required for each set of specifications and accompanying drawings. In accordance with federal requirements , the City Council of the City of Huntington_ Beach has incorporated the federal minimum wages as published in the Federal Register, Volume 36, No. 172-Friday, September 3, 1971-copies of which are on file at the office of the Director of Pubii.c Works, City Hall, Huntington Beach, California. Plans and specifications together with proposal form may be inspected at the office of the Director of Public Works, City Hall, Huntington Beach, California. No bid will be receivEd unless it is nade on a blank form furnished by the City. The special attention of prusp:ctive bidders is called to the G �cifications, for full directions as to the bidding. The foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the City of Huntington Beach does not express or by implication_ agree that the actual amount of work will correspond therewith but reserve= the right to increase or decrease the amount on any class or portion of the work as may be deemed necessary or expedient by the Director of Public Works. All bids will be compared oil the basis of the City's estimats of the quantit4.es of work to be done. A-1 rr • 0 Each bid shall be made out on a form to obtained at the office of the Director of Public Works, City Hall., Huntington Beach, California; shall be sealed and f.ilec? with the City Clerk at 520 Pecan Street, of said City on or before 10:00 A.M. of Lugust 7, 1972, and shall be opened by a committee composed of the City Clerk, the City Attorney and Director of Public Works in the Civic Center at 10:00 A.M. , or as soon thereafter as possible, and the results of :;aid bidding will ,be reported to the City Council of said City of Huntington Beach at their regular meeting to be held on Monday, the 7th day of August 1972 , at the hour of 7:00 P.M. in the City Council Chambers in the Council Chambers in the City Hall of said City of Huntington Beach and shall be acted upon by said City Council at the said regular meeting of August 7, 1972. The City of Huntington Beach, California, reserves the right to reject any or all bids, and to accept the bid deemed for the best interest of the City of Huntington Beach, California. By order of the City Council of the City of Huntington leach, California this 5th day of June 1972. ATTEST: Paul C. Jones City Clerk r 0 City of Huntington Beach P.O. BOX 190 CALIFORNIA 9264a LO ENGINEERING DEPARTMENT May 30, 1972 Honorable Mayor and City Council City of Huntington Beach Attention: David D. Rowlands City Administrator Subject: TOPICS Project Gentlemen: Transmitted herewith are the plans, specifications and engineer's estimate for the installation of traffic signals at sic locations. 1. Pacific Coast Highway and Newland Street. 2. Edwards Street and McFadden Avenue. 3. Edwards Street and Heil Avenue. 4. Bushard Street and Hamilton Avenue. 5. Bushard Street and Atlanta Avenue. b. Main Street and Seventeenth Street. The project is estimated to cost $155,000 with 71.3% financed through Federal Funds and the r !maining 28.7% to be assumed by the City. It is recommended that your Honorable Body approve the plans and specifications and authorize the advertising of bids as soon as written approval is received from the State. Very truly yours, J mes R. Wheeler Director of Public Works JRW:RRL:ae Trans. 1�C�j. .', .'t.ti:,�,�:�i : � - L..t;�Rl• %`,Fi_i.•'+r.'i R'J . 1 City., Hunthifton Bea �•:1, Poo. /y {i.o .. iw�"�1+�►w�srM . . 'wSMI•• •i!t ';/'r�"f: 'i.•{,p . W ''` •.. .-,3. .. rjrt ', Lys•Y+ PAPARMENT shguert' 1972 �toriorabl and Cx ty .Cousin i l t City*: ;•f EfuntingtM* Cb y A.ttentiont. Davill I} City nfitratox r Subjec:ts TOPICS Projec' '• Gentlemen r -, The City` receicsd ptstmisaion today from the Federal Highwey Administration *ad from the Stata Division of Highways to award L� a c(Yatract for thia�'O ;ect: 'Y It is recommended that the. contract be awarded to the lowest -' responsible bidder, Smith Elee.�ric Company. Very truly yours, r Je.mes R. Wheeler f Director of Public Works JRVsItRLto1 . r a . I r s � I 07--Ora -1 2343 �0736A 296401 Pacific Coast Highway 6 Uawland Street District Agreement too. 2032 TYPES AG=Mx3NT, MADE, AND ENTMILD I 'WO THIS DAY OF 19 e. BY AND BETIMEN CITY Or FFIJNTING'TON REACH t a body politSx and a municipal corporation of the State of • California, hereinafter referred to -as 'CITY" MD STATE OF CALIFDRRIA►, acting by and through its Business and Transportation Agency, Division of Hfghwys , hereinafter roferred to as "STATE" r r mIERUM r STATE; and CITY contemplate installation of traffic control sic na.l. system, safety lighting and roadwork at the intersection of Newland Street with State Highway Route 001 (Pacific Coast Highway) , all of which is situated within the City of Huntington Beach , and desire to specify herein the terms and conditions under which said uystem is to be installed , financod and maintained. NOW, 'i'tl.UPWFOR2' , in consideration of the covenants and conditions harain contained, the parties herato agrea as follows : SUCTION I CITY AGREES : (1) To install. the traffic control signal system, uafety lighting and roadwork hareinbefore mentioned, through construction by contract with construction contractor licensed by the State of. California, . aicl contract to be carried out in accordance with laws governing CITY with reference to the chanccter of the rork to be ctono tliereun3er ,, and to be completed in conformity wit1h plans and specifications of. CITY and to the satisfaction of and subject to the approval of w�� (2) To bear CITY 'S share of design engineering costs . construction engineering costs . . and 'construct-ton costa required to complete the installation referred 4o herein., such share to he a sum bearing the s3ama proportion to the total cost of installation of the traffic control signal system and lighting as ,the number of logs of h�,ghways under jurisdiction of CITY at the intersection involved bears to the total number of legs of highways at such intersection and VAe total expense of 4esign engineer- ing corts3 , construction engineering costs , and construction costs required to complete the . roa dwor•k: referred to heroiln. (3) To xeiniourne SJTATJ; for t'T'I`Y 'S proportionate share of -the cost oZ maintenance and operation_ of said traffic control signal szystem and safety lighting , such share to be determined in the manner provided in that Agreement for maintenance of State highways; u%kthin the CITY which is in effect at the time said costs are incurred, or if no such agreement exists , sucb. share to be a suss bearing the sazie proportinsi to tiie total coat of w aintenanee and operation of said traffic control signal nystain and safety lighting as the number of logs of highways render ldrisdiction of the CITY bears to the tibtal number of , legs of highways at such Antersection. (4) To ,'apply far." necensary encroachment pe►rnd.ts.► for work within the State Highway right of way., -in accordance with STATE 'S standard permit procedure . SECT ON II STN. E AGREES: r. (1) To pay to CITY, promptly upon rendition of a statement therefor, ST11TE 'S , share of the design engineering costa, construction engineeringcost s , And construction costa required to complete the installation referred to herein, such share to be a Gum bearing the sank proportion to the total cost of in:=tal.lation of the traffic control signal .system, and safety lighting as the number of legs of highways undcar jurisdiction of STATE at the intersection involved bears to the total number of legs of highways at such intersoction. It is estiiDated that STATE ' S share of the installa- tion is $5 , 800 . Tha aotua.l amount of STA<�� 'S share will be determined after the installation is completed, but in no 4- ..r. event : -3hall STATE IS share exr.:Qed $5 , 000 unless otherwi OU provided in a subsequent agreement between CITY and STATE . (2) To maintain and oaperate the entire traffic control signal system and safety lighting as installed. SECTION Ixl It is mutually understood and agareed% (1) That design engineering costs , including all ove. head charges attributed to design engineering , are to be 24.5 percent of construction cost: of ' the installation. (2) That .obl.igtationn of :STATE under terns of this Agreement Are . c ub ject to the allocation of funds by tha California Highway Commission . (3) That neiWiar STATE rv%v any officer or employee thereof, skull be responsible for any damage or liability occurring by reason of anything don© ow omitted to be done by CITY under or in connection with any work , authority or jurisdiction delegated to CITY under this Agreement, It is also underal-c--d and ngreed that , pursuant two Covern:7srst Code Section P95 .4 CITY shall fully inde;:uif fy and hold STATE harm.lean from any li.abilircy imposed for. injury (an definad y Ary } V\ by Government Code Section 810 .8) occurring by reason of anything done ur omitted to bo done by CITY undor or in connection with any work , authority or jurisdiction dulegated to CITY under this Agreement, (4) reehat neither CITY nor any officer or eiimluyee thereof, is responsible for any damn age or liability cccurring by reason of anytJiin.g done or omitted, to be done: by STATE under or in connection with any work , authority or jurir.dic-- tion not delegated to CITY under this Agreement. It is also understood -iid agreed that, pursuant to Governnent Coeur-; .�ctetf.on 85 ,•: , STATE shall fully inciem�'e .fy and itowd CITY haxni less from ary liability imposed for injury (as defined by Government Code Section 810 . 8) occurring by reason of ran., china done or oo.nitted to ae?e done by STATE under or. in connection with any wor.�: , authority or jurisdiction not delegated to CITY under this Agreement. (5) That should any portion of the project be financed with Federal Ftrnds or State Garj Tar. Funds all appli- cable procedures and policies relating to th-9 u:ia of such funds shall apply notwithstanding other provisions of Axis Agree-rent. I �t I (6) That if at any time it is determinad that any. Portion of the total eligible project coats "axe to be financed from TOPICS funds , the State ,share will be bated on the aunt of pantici.pating iteras remaining After the TOPICS fun-3s have been' deducted. IN WITNESS WERCOF, the parties herato have caused this Agreement to be Executed by their respective officers , duly authorized, the provisions of which Agreement are effective as of the day, montli and year firs� hereinabove written. -7- �i y�f • �r,1 STME OF CALIFORNIA CITY OF HULA TINGT0114 -AZACT.. 4�= Depairtme-nt of Public Works :s DiViSion of Highways ' R o. J . DATFLXXXNM f� State Highway rngincer Attest: �.,.-�: - •' ..._:City C a �,,• ____ : 4.4 Df6tr at gineer 4: Approved as to form and procedure ; r 1-51 rt +City Attornaj r I STAT i:NT OF VIE ACTION OF CITY UNCIL ' Council amber, City,Ha11. • Huntington Beach , California f Monte December 6 , 1971. t Mayor McCracken called the regular meeting of the CeV COunci l of the City of Huntington Boa' ch to order at 4 : 30 o'clock P.M. Councilmen Present- : Shipley, Green . Mnt*ney , McCracken C ounc i.lmen Absent : Gibbs (arrived 7 : 30 P .M. ) �l�:ti::�••,�:� 'r�c�'rlc*•�1c*' •���;�'r•�c�t�c�'r�c�t��r�k•*��'c� Y��'rat•a'c�'c�+c�'rl:t4�•;�:t• h•�r�'r FART If_IPATION AGREFXENT NO , 2832- STATE OF CALIFORNIA Approved and authorized execution of Farticipacion Agreement No . 2832 between the City and the State of California, covering the cost of traffic signal installation and incidental roadway construction and improvement on Pacific Coast Ili hway and Newland Street: at an ec t iron tied cost: of $342 000 -• 71 . �% to be financed through Federally funded TOPICS Program and the remaining 28 . 7% to be divided between the City and State. 9s�c�'c�k 7'r A;��cks�r k�l�:k•��c•3r*•>'c�r�c her*�k* t;'c��4••.rr�'c*•h�'r'�c�C 'c�'r•�c•�:�r�s�h•�c•lr�: On motion bv_ Green the regular meeting of the City Council of the City of Huntington Beach adjourned , to Monday, IYR3� f#.' ` f'r }tl .X December 13 , 1971 , at 7 :30 P.M. in t:he Council Chninber y by the fo l lowio, Vote : AYES : Shipley, Green, Gibbs , Matney Paul C. Jones _ McCracken City Cleric and ex-officio Clerk NOES : None of the City Council of the City ABSENT :Bnrtlett , Coen of Hunt ingtnn Beach , California ATTEST : George C. McCracken Paul C. Jones Mayor City Clerk STATE OF CALIFORNIA ) County of Orange ) ss : City of Huntington Beach ) I , PAUL C . .TONES , the duly elected , qualified and acting City Clerk of the City of Huntington Beach , California , do hereby certify that the .-above and foreb;aing is a true and correct Statement of Action of: the. City Council. o % said City at their regular, meeting held on t-11G. 6th clay of December , 19 77 t• IIINIESS my hand and seal of the said City of Huntington Bench this .1t.11 day of� 1je-Cc1111ber 19 71 . llnua. G . Julies Citv C lerl- rind ex-oz:fir to Clerk of the City Council of t-liv CLty of Hun .. inrton Boach , California 13:-1)Ut:y i t• STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY ROP4ALD REAGAN, Governor DEFARTMENT OF PUBLIC WORKS DIVISION! OF HIGHWAYS00 DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90054 1 December 31, 1971ti. 07-Ora--1 23 . 3 07364 - 296401 r T-4110 iir. James R. Wheeler Director of Public Works ' City of Huntington Beach 520 Pecan Avenue Huntington Beach, CA 92648 Attention Paul C. Jones Dear Mr. Wheeler: We are transmitting fully executed Agreement_ No. 2832 i covering City-State participation in the cost of installa- tion of signals , lighting and roadwork on Pacific Coast Highway at Newland Street. Very truly yours , CAROL J. SCHUMAKER District Traffic Engineer Traffic Department lym: to Attach. , i .�� City ®f Huntington Beach P.O. BOX 190 CALIFORNIA 92048 ENGINEERING DEPARTMENT j November 10, 1971 t':+,' A N'tV A Honorable Mayor and City Council ' City of Huntington Beach Attention: Brander Castle Acting City Administrator Subject: Participation Agreement No. 2832 Pacific Coast. Highway S Newland Street Traffic Signal Installation S Roadway Improvement Gentlemen: Attached are the original and four copies of the subject agreement: covering the cost of a traffic signal installation and incidental roadway construction and improvement. The project is estimated to cost $34,000 with 71.3% financed t.irough the Federally-funded TOPICS program, and the remaining 287t. to be distributed between the City and the Statp. It is respectfully requested that your Honorable Body approve this agreement and direct the City Clerk to have the original and two copies executed and returned to this office with two certified copies of the Minute action for delivery to the State. A fully executed copy for c:e City Clerk' s files will be returned at a later date. Very truly yours, % L James R. Wheeler Director of Public Works JRW:RRL:ae Attach. P i ' r 17 i) l STAT `ENT OF THE ACTION OF CITY LUNCIL Council amber , City hall Huntington Beach , California Monday , December 6, 1971 I40yor McCracken called the regular meeting of the Ci.T.y Council of the City of Huntington Beach to order at 4 : 30 U' cl.ocic P.M. Councilmen Present :,Shi.�)-ey Green Mat._ne McCracken_ C� n t • Gibbs� arrived 7:30 P .M. ) ounciimen Absent : , �;:•::;';;ti:c•;::'ck•�c•�ch�';: �'�•�c•��r7c�'.r�-lc�;tier:�•:ti;'c�'r:'c:�*:ti�c;"c•�'::t•;'c:tr.�c�k*:c;"ch PARTICIPATION AGREEM.E14T NO . 2832 - . STATE OF CALIFORNIA i.pproved and authorized execution of participation Agreement No . 2832 between the City and tie State of California , covering the cost of traffic signal installation and incidental roadway construction and improvzment: can Pawific Coast Highway and Newland Street at an estintated cost of $342000 - 71. 3% to be financed through Federally funded TOPICS Progi;nm and the remaining 28 . 7% to be divided between the City and State . :':-:'c:ti:4:�:'c:t�•;c:'r::�:k�4•:'t�c�Y�c�;'F7:;'r�k�'c;�:'c:'r)'c yk:c��c*7�•�c�'c: tic:c:Y:)c�:;4•�r:��•;'c.c On motion by %Green the regular meeting of the City Council of the City of Nunt:ington leach adjourned . to Monday , December 13 , 1971 , at 7 :30 P. M. in the Council_ Chamber. ., by the following vote : AYES : Shipley, Green, Gibbs , Matney Paul_ C. Jones McCracken City Clerk and ex--officio Clerk NCES : None of the City Council of the City ATiSEN'i' :Bat tlett, Conn of Huntington Beach , California ATTEST : George C. :McCracken Paul C. Jones Mayor City Clerk STATE OF CALIFORNIA ) County of Orange ) ss : City Of HUnti.ngton Beach ) 1. , I'AUL C C . DUNES , the duly �:iec feel , clue 1.i. fie d .end act-ing City Clerk ()f L-1he City of Huntington Beach , California , do hereby certify that the: at)ove and foregoing.; is a true and correct Statement of Action of r-he City Council of said City at th�-ir rc,gul,ar meeri.ng lie: Iu' on the 6ty dpy of December � 19 -7-1—, WITNESS my hand and seal of the szlid City of Huntington Beach this t:he- 70h day of December 19 71 _ P.It11. c. . J01. _ City Clerk ind e::-o.f f is i_o Clerk of the City Council of the City of I?untit!gLon Beach, California Depute y