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HomeMy WebLinkAboutC.T. & F., Inc. - 1996-11-18��'-- • 1. / �dO^� s'.t n ` CITY OF HUNTINGTON BEACH INTER DEPARTMENT COMMUNICATION ' HLMNOON BEACH r TO THOSE LISTED HEREON FROM ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT 10% RETENTION PAYMENT CC 25_-'�� DATE 9-�-�-, �T The conformed copy of the Notice of Completion for the above contract has been filed The thirty-five (35) day waiting period has elapsed or will elapse before payment is made Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City DAN T VILLELLA, Director of Finance certify that no stop notices are on file on the i ecT-a'tgiis time Date LES JON S, Pu lic Works Director I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed DateA cz�"2'� 4z-'� CONNIE BROCKWAY, City CI certify that there are no outstanding invoices on file o v N s G� Date S I F ENRICH City Treasurer f 0011042 01 07/18/96 10 46 AM DECLARATION OF SATISFACTION OF CLAIMS I I IL,G i,5 state 1 I am the general contractor for the City of Huntington Beach as to the project more fully descnbed in the public norks contract entitled j (ay�i=Ftc_ �,t,u►�L�iyS"� W�s_i�Tlc��/ f'11` Ft,O`zla� �'��r- pNl� �Y-�►Z�r►C.� f�tEuv� and dated JAWJA� 1Q?1 l� C, i �o s� 2 All v orkers and persons emplo) ed all firms suppl) mg materials and all subcontractors for the abo-, e mentioned project ha,, e been paid in full 3 The folloNNing are either disputed claims or items in connection with Notices to Withhold v.hich have been filed under the provisions of the statutes of the State of California (if none state NONE ) I�e11lC- I declare under penalty of perjury that the foregoing i� true and correct `cf on this tZ-daN of T" 1 4,,,— 1-99 6*- �L g cc cachcon2 F OSE ACKNOWLEDGMENT • CALI ORNIA ALL-PURP State of County of On Z /,-L before me Date / Name and TRIe of Officer (e g JanWDoe Notary Public') personally appeared Name(s) of signer(s) >ersonally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) MATTHEWA BOYDFN or the entity upon behalf of which the person(s) acted CON "A`r,F4a executed the instrument Z Plotafy Pub c — Cci)tomta LOS AtNI LW-S Cojl\w Mycemm Eco E• IPR t IM WITNESS my hand and official seal gnature of Notary Public OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signers Name 0 C Individual Corporate Officer Title(s) Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other Signer is Representing RIGHT THUMBPRINT OF SIGNER .. of thumb her Signers Name a i Individual Corporate Officer Title(s) Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing 0 1994 National Notary Association 8236 Remmet Ave P 0 Box 7184 Canoga Park CA 91309-7184 Prod No 5907 Reorder Call Toll Free 1 800-876-6827 r6 Fee AM 4'e ELECTRICAL s, CONTRACTORS 7228 SCOUT AVE • BELL GARDENS CA 90201 • PHONE (562) 927 2339 • FAX (562) 927 3338 Cit-, of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach CA 92648 Subject Certification of Compliance -,tith Title VII of the Civil Rights Act and Equal Emplo}Tnent Opportunity Act of 1972 Gentlemen The undersigned contractor on Project No Title (SLAP-PlQ0 RvE FA vL hereby certifies that all laborers mechanics apprentices trainees „atchmen and guards emplo) ed b} him or by anv subcontractor performing N\ork under the contract on the project halve been paid «ages at rates not less than those required b) the contract provisions and that the «ork performed bN each such laborer mechanic apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the \age rate paid i 'STmLtur-E and Tft g c ashcon l I have received Maintenance Bond No 86SB 101059374 BCM — Travelers Casualty and Surety Company of America Re CC-1025 — Traffic Signal Installation at Florida Street and Garfield Avenue Dated By r • n MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS That CT & F , Inc TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford Connecticut 06183 BOND NO 86SB 101059374 BCM as Principal hereinafter called Contractor and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA as Surety, hereinafter called Surety are held and firmly bound unto City of Huntington Beach as Obligee hereinafter called Owner in the penal sum of $ 59,936 00 for the payment whereof Contractor and Surety bind themselves their heirs executors administrators successors and assigns jointly and severally firmly by these presents WHEREAS Contractor has by written agreement dated November 27, 1996 entered Into a contract with Owner for Traffic Signal Installation at Florida Street and Garfield Avenue CC-1025 In accordance with the General Conditions the Drawings and Specifications which contract Is by reference Incorporated herein and made a part hereof and Is referred to as the Contract NOW THEREFORE, the condition of this obligation Is such that If Contractor shall remedy any defects due to faulty materials or workmanship which shall appear within a period of ONE year(s) from the date of substantial completion of the work provided for In the Contract then this obligation to be void otherwise to remain In full force and effect PROVIDED HOWEVER that Owner shall give Contractor and Surety notice of observed defects with reasonable promptness SIGNED and sealed this 7th day of January , 1999 IN THE PRESENCE OF S 2326 1 (07 97) (Seal) Principal Title TRAVELERS CASQX11TY AND SURETY COMPANY OF AMERICA By v I Kenneth A C ate Attorney in Fact ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside ) On ✓a g? 7, 1999 before me, Nafa/ia L Martinez A"8 Pub/rc , Name and Title of Officer e g Jane Doe Notary Public personally appeared KennefhA Coate, Afiomey117 Fact , Name(s) of Document Signer(s) (x)personally known to me -OR- ( )proved to me on the basis of satisfactory evidence to be the person(&) whose name(-&) is4e subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/hors /tl authorized capacity(+e&), and that by his/hors signature(&) on the instrument the person(&), or the entity upon behalf of which the person(-&) acted, executed the instrument WITNESS my hand and official sea Signature of Notary NATALIA L�i,/I-' T 1NEZ Cr COMM 't11G02 � �ab NOTARY °U=-ILIFORNIA Cl) RIVEL,, C C ) NTY /�vryfl My Comm � cs A a 24 2001 (Affix seal in the above blank space) TITLE OR TYPE OF DOCUMENT $59 936 00 MAINTENANCE BOND 1 • ME 0 f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of C, /fCi., a County of <c s f C r /s / r/ On / /�_ y i before me Date Name andtitle of Offae (e g Jape Doe Notary Public ) i personally appeared d Z� � r, N S Name(s) of Signer(s) personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authonzed capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted '?^*, MATTHwA B1'DFN r executed the instrument �� COIL �1 1 �i z '� NoYey FtJt- � — - `r•rnta r� ' LOr A 01EL, y WITNESS my hand and official seal +arc_ E tsar L Signature of Notary Public OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signers Name Ll Individual Corporate Officer Title(s) Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing RIGHT THUMSPRINT OF SIGNER Signers Name 0 Number of Pages Individual Corporate Officer Title(s) Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of 0 1994 National Notary Association 8236 Remmel Ave P 0 Box 7184 Canoga Park CA 91309-7184 Prod No 5907 Reorder Cell Toll Free 1 800-878-6627 �f t Y TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford ConnectILUt 06183 9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS Naperville Illinois 60563 8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) IN FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERtCA TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut and having their principal offices in the City of Hartford CountG o` Hartford State of Connecticut and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS a corporition dul} organized under the laws of the State of Illinois and having its principal office in the City of Naperville Countti of DuPage State of Illinois (hereinafter the Companies ) liath made constituted and appointed and do by these presents snake constitute and appoint Kenneth A. Coate or Marl. N Gladding * * of Riverside, CA their true and lawful Attorney(s) in Fact with full pourer and authority hereby conferred to sign execute and acknowledge at any place within the United States or if the following line be filled in within the area there designated the following instrument(s) by lusher sole signature and act any and all bonds recognizances contracts of indemnitv and other writings obligatory in the nature of a bond recognizance or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in Fact, pursuant to the authority herein given, are hereby ratified and confirmed This appointment is made under and by authonty of the following Standing Resolutions of said Companies which Resolutions are now in full force and effect VOTED That the Chau-man the President any Vice Chairman any Executive Vice President any Senior Vice President any Vice President any Second Vice President the Treasurer any Assistant Treasurer the Corporate Secretary or any Assistant Secretary may appoint Attorneys in Fact and Agents to act for and on behalf of the company and may give such appointee such authority as lus or her certificate of authority may prescribe to sign with the Company s name and seal with the Company s seal bonds recogmzances contracts of indemnity and other writings obligatory in the nature of a bond recognizance or conditional undertaking and any of said officers or the Board of Directors at any tune may remove any such appointee and revoke the power given him or her VOTED That the Chairman the President any Vice Chauman any Executive Vice President any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company provided that each such delegation is in wnting and a copy thereof is filed in the office of the Secretary VOTED That any bond recognizance contract of indemnity or wnting obligatory in the nature of a bond recognizance -or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President any Vice Chairman any Executive Vice President any Senior Vice President or any Vice President any Second Vice President the Treasurer any Assistant Treasurer the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company s seal by a Secretary or Assistant Secretary or (b) duly executed (under seal if required) by one or more Attorneys in Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect VOTED That the signature of each of the following officers President any Executive Vice President any Senior Vice President any Vice President any Assistant Vice President any Secretary any Assistant Secretary and the seal of the Company may be affixed by facsinule to an} power of attorney or to any certificate relating thereto appointing Resident Vice Presidents Resident Assistant Secretaries or Attorneys in Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached t (8 97) • 40 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid, I am over the age of eighteen years, and not a party to or interested in the below entitled matter I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of May 23, 1996 May 30, 1996 June 6, 1996 I declare, under penalty of perjury, that the foregoing is true and correct Executed on June 6 , 199 6 at Costa Mesa, California Signature PUBLIC NOTICE NOTICE INVITING SEALED BIDS for CC 1025 Community Development Block Grant Funded Project Notice Is hereby given hat sealed bids will be re ;eived by the City of Hun ington Beach at the office )f the City Clerk at City iall 2000 Main Street iuntington Beach Califor ua until the hour of 2 00 )M on Wednesday June !6 1996 at which time )ids will be opened pub icly and read aloud In the ;ounaI Chambers for the "raffic Signal Installation at -londa Street and Garfield lvenue Project located in he City of Huntington This project is federally ,nded in part by the Com I wnity Development Block irant program and regui ites of Title 24 of the Code f Federal Regulations pply including Section 3 'art 135 (directing eco I omit opportunities to low nd very low income per A set of plans specifica lions and contact docu ments may be obtained starting Tuesday May 18 1996 at City Hall Depart ment of Public Works upon receipt of a non refundable fee of $20 00 in picked up or $25 00 if mailed sales Ea'cfi bid shall -be made on the Proposal Form and in the manner provided in the contract documents and shall be accompanied by a certified or cashiers check or a bid bond for not less than 10% of the amount of the bid made payable to the City of Hun tington Beach The Con tractor shall In the per formance of the work and improvements conform to the Labor Code of the State of California and other laws of the State of California applicable thereto with the exception only of such variations that may be required under the special statues pursuant to which proceedings hereun der are taken and which have not been superseded by the provisions of the Labor Code Preference to labor shall be given only in the manner provided by law No bid shall be consid ered unless it is made on a form furnished by the City of Huntington Beach and is m de in accordance with the provisions of the pro posal requirements Each bidder must be II tensed and also prequali fled as required by law The City Council of the City of Huntington Beach reserves the right to reject any or all bids By order of the City Coun cil of the City of Huntington Beach California the 6th day of May 1996 Connie Brockway, City Clerk Office of the City Clerk City of Hun tington Beach 2000 Main Street, Hun tington Beach CA Published Huntington Beach Fountain Valley in dependent May 23 30 June 6 1996 054-654 WHEN RECORDED MAIL TO CITY OF HUNTINGTON BEACH Office of the City Clerk P O Box 190 Huntington Beach CA 92648 Recorded in the County Orange California Gary L Granville Illl��llllllllll�lllfll�ll�lllllll���lllllll�llill�ll�ll�llllllll Clerk/Recorder No Fee 19970304096 11 47am 06/30/97 005 23009197 23 49 N12 1 7 00 0 00 0 00 0 00 0 00 0 00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the Citv of Huntington Beach mAner n fee 2000 Main Street — — — 'Huntington Beach CA 92648 that the contract heretofore awarded by the City Council of the City of Huntington Beach California to C T & F , Inc „ who was the company thereon for doing the following work to wit Florida Street at Garfield Avenue Traffic Signal - CC 1025 1 �P That said work was completed June 16, 1997 by said company according to plans and specifications and 0 to t'ie sat sfaction of t'ie City Engineer of the City of Puntington Beach and that said work'was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, June 16, 1997 That upon said contract Fidelity And Deposit Company Of Maryland was surety for the bond given by the said company as required by law This document is solely for the official business of the City of Huntington Beach as contemplated under Government Code Section 6103 and should be recorded free of charge Dated at Huntington Beach California this 20th day of June, 1997 STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) y s v U City Clerk and ex officio Clerk of the City Council of the City of Huntington Beach California I CONNIE BROCKWAY the duly elected and qualified City Clerk and ex officio Clerk of the City Council of the City of Huntington Beach California do hereby certify under penalty of perjury that the foregoing NOTICE OF COIN PLETION is true ana 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 20th day of June, 19977 City Clerk and ex officio Clerk of the City Council of the City of Huntington Beach California i g \followup\nscplgs G/followup/ccnoc _W , E 7 22c� k Noe- /.a-- 6m Council/Agency Meeting Held A97 Deferred/Continued to 7)2, 0 Approved ❑ Conditionally Approved ❑ Denied City Clerk�Signature Council Meeting Date June 16 1997 7 Department ID Number PW 97 036 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY MICHAEL T UBERUAGA City Administrator) Cam_ PREPARED BY � ES M JONES II Director of Public Works DAVID C BIGGS Director of Economic Development SUBJECT Florida Street @ Garfield Avenue Traffic Signal, CC-1025, Notice of Completion Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(! Statement of Issue CT & F Inc has completed its contract for the construction of the Florida Street @ Garfield Avenue Traffic Signal Funding Source Sufficient CDBG Funds were authorized for this project Recommended Action Accept the improvements to the Florida Street @ Garfield Avenue Traffic Slgna�=at &final cost of $57 662 89 and authorize the City Clerk to file a Notice of Completiofffwitky the County Recorders Office Alternative Action(s) o co 1 None C- ;. Ln T QUEST FOR COUNCIL ACTION MEETING DATE June 16, 1997 Analysis DEPARTMENT ID NUMBER PW 97-036 On November 18 1996 Council awarded a contract to C T & F Inc in the amount of $59 936 The adopted contract budget also included $5 993 to cover anticipated change orders and $70 000 for Supplemental Expenses for a total of $135 929 to construct the Florida Street @ Garfield Avenue Traffic Signal The improvements are now complete per the approved plans and specifications Therefore the Director of Public Works recommends acceptance of the project and requests that the Notice of Completion be filed by the City Clerk The following is a summary of the project costs Council Approved Actual Expenditures 1 Contract Amount $59 936 00 $56 573 89 2 Change orders 5,99300 1,08900 Subtotal $65 929 00 $57 662 89 3 Supplemental Expenses 70,000 00 65,678 77* Total $135 929 00 $123 341 66 One change order was issued for this project Install City Furnished Audible Pedestrian Signals * This includes all materials furnished by the City such as signal poles service pedestal and signal indications for vehicles and pedestrians Environmental Status Not applicable Attachment(s) LMJ DCB ERC 0025478 01 2 05/23/97 9 45 AM 0 • CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June20 1997 Gary Granville County Recorder P O Box 238 Santa Ana California 92702 Dear Sir CALIFORNIA 92648 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk City of Huntington Beach P O Box 190 Huntington Beach California 92648 Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-addressed stamped envelope Sincerely yours Connie Brockway City Clerk CB/jc Enclosure Notice of Completion - Terra Cal Construction - CC-828 (Telephone 714 536 5227) WHEN RECORDED MAIL TO CITY OF HUN'TINGTON BEACH Office of the City Clerk P O Box 190 Huntington Beach CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN b) the City of Huntington Beach owner in fee 2000 Main Street Huntington Beach CA 92648 that the contract heretofore awarded by the City Council of the City of Huntington Beach California to C T & F , Inc „ Ni ho was the company thereon for doing the following work to wit Florida Street at Garfield Avenue Traffic Signal - CC 1025 That said pork was completed June 16, 1997 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 NNas accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, June 16, 1997 That upon said contract Fidelity And Deposit Company Of Maryland was surety for the bond given by the said company as required by law This document is solely for the official business of the City of Huntington Beach as contemplated under Government Code Section 6103 and should be recorded free of charge Dated at Huntington Beach California this 20th day of June, 1997 City Clerk and ex officio Clerk of the City Council of the City of Huntington Beach California STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) I CONNIE BROCKWAY the duly elected and qualified City Clerk and ex officio Clerk of the City Council of the City of Huntington Beach California do hereby certify under penalty of perjury that the foregoing NOTICE OF COMPLETION is true and correct and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council Dated at Huntington Beach California this 20th day of June, 1997 /J City Clerk and ex officio Clerk of the City Council of the City of Huntington Beach California g Z01I0«vpVnscp1gs G/followup/ccnoc • RECORDING REQUESTED BY CITY OF HUNTINGTON BEACH and whcu recorded mail to Cit) Clerk Cit) of Huntington Be-ich P 0 Boa 190 Huntington Be-jch Ca 92648 Recordea in the county of orange caiifornia Gary L Granville Clerk/Recorder IIIIIIIIIIIIIIIIIIi�IIIIIIIIIiIIiIIiiIIINII{iIilNii9i9i70112325N04Fee 30PM 03/11/97 004 2202tl6e 22 27 E01 4 55 0 00 7 ee 9 00 0 00 0 00 0 00 0 00 0 00 0 00 abo%c this line for Recorders use 1 P --j /,-r /,/ EASEMENT DEED I HEREBY DECLARE THE DOCUMENT TRANSFER Tt• Is$ tlo Consideration_ %(,gF�ic �ln� C car flu( (1 Uli 1, THE TAX IS CC -/ aS COMPUTERIZED ON FULL VALUE OF PROPERTY CONVEYED OR COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE ,,_ /-,�7— City Traffic Engineer City of Huntinqton Beach SIGNATURE OF DECLARANT OR AGENT FIRM NAME ALUABLE CONSIDERATION receipt of which is hereby icknowledged Biroyasu Nakano - Marusan/ U S A do(es) hereby GRANT to the CITY OF HUNTINGTON BEACH a municipal corporation a perpetual easement and right of wa-, for street and public utility purposes in on over under and across all that real property in the CITY OF HUNTINGTON BEACH County of Oraq e State of California described as follows Pursuant to the legal description dated May 19 1996 attached hereto and made a -)art hprpof Tax Exempt Go�.eroment Agency CITY OF hUN'INGTON BEACH i c P ck ay CMC C t f Clerk ey 1 1 By �p o City Clerk Thi doc ^ 1 o Cf c t, s 1e1j for the F r City By ri I (ontom- 1 c.cc'e //ii C,9LI c E d bL rocoided Stalcof r-c) NIn) SS Countyof Ai,( MR -/Eta) fioo of c Marusan U S A On (r a-r-r+, lvr6efore me 21 f it - 00uM Cz O rF '' .0 l 1 oil JU 1, EC JANL DOE NO I A O 11YI31 IC personally -ippeared Fj 1 �%y 14SC 1 N-4 K fl " U �� NAMk(S) or SIGNER(S) ❑ personally known to me OR IId"P.ved to me on the basis of s-itisfaclor} evidence to be the person($) Wiosc nvuc(t) islAfe subscribed to the w uhm instrument and acknowledged to me that he/she44Tey e•ecuted the same in his/lurlii,= authorized capacity(/.&)- and that ALBERT SfU-TOUNCi by his/hecltkar signature($) on the instrument IC BER R1022608 Z the person(j) or the entity upon behalf of Fa luck NOTARVPIBLC CAtFORNA C the person( acted vecuted the instrument Z SAN MAITO COUWY i lyfotlr EgwaAPR 10 1998 ti Witness m ICI7I scat �•� 1 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ®.CORPORATE NeS 1 OFFICER(S) T ❑ PARTNER(S) 0 LIMITED ❑ GENERAL ❑ ATTORNEY IN FACT ❑ TRUSTEE(S) ❑ CUARDIAN/CONSERVATOR OTHER - - - SIGNER IS REPRESENTING NAME Or PERSON(S) OR LNTITY(ILS) 61-i- Pu -- /aN U S 1� May 14 1996 0 Legal Description 09 5" Traffic Signal Construction Maintenance Operation and Modification Easement City of Huntington Beach Southeast Corner of Garfield Avenue at Florida Street That certain parcel of land situated in the City of Huntington Beach County of Orange State of California being that portion of Parcel 1 of Parcel Map No 31-494 as shown on a map thereof filed in Book 97 Pages 14 and 15 of Parcel Maps in the Office of the County Recorder of said Orange County described as follows Beginning at the most northeasterly corner of said Parcel 1 thence North _89158' 13 West 385 44 feet -along the north line -of said Parcel 1 to the TRUE POINT OF BEGINNING said point being the beginning of a tangent curve concave to the southeast with a radius of 31 00 feet and a central angle of 901 01 44 thence South 00 01 47' West 0 50 feet to the beginning of a non -tangent curve concave to the southeast with a central angle of 991 22 37 and a radius of 26 50 feet a radial line of said curve from said point bears South 00 41 31 'West thence along said curve southwesterly 45 96 feet through a central angle of 99122' 37" thence South 450 00 03 West 6 36 feet to a point on the west line of Parcel 1 thence North 00 00 03 East 4 50 feet along the west line of Parcel 1 to the beginning of a tangent curve concave to the southeast with a radius of 31 00 feet thence along said curve 48 71 feet through a central angle of 9000144 to a point tangent with the north line of Parcel 1 said point being THE TRUE POINT OF BEGINNING CONTAINING 88 square feet SUBJECT TO All Covenants Rights Rights -of -Way and Easements of Record EXHIBIT A attached and by this reference made a part hereof !/ l¢ /9� �,N D mes D Otterson L S 6196 2g�� OTTF'9G J No 6196 z *cta. Exp 3-5)—q-6j PC DOCS 18745 F-c,� CC -/oAs Ld r ) I CDI W (] 0 0 V Z < 33 a, 0 J LL- LINE DATA GARFIELD AVENUE N 89 58 13 385 44 47 W 50 PARCEL 1 PM 31 -494 0 C BK 97 PG 1 4& 15 cuQvE DELTA f2ADIUS LENGTH C 1 9001 44 31 00 48 71 C 2 99 22 37 26 50 45 96 EASEMENT AQEA 88 SQUAf2E FEET u rrF4, NO 6196 EXHIBIT A DATE 05- 15-96 SCALE 1 = 20 APPROVED BY DRAWN BY R tit CHECKED BY ZMES D OTTERSON TRAFFIC ENGINE R DATE C C N FIELD B K / -- EASEMENT FOQ T2AFFIC SIGNAL CORNER GARFIELD/FLORIDA CITY OF HUNTINGTON BEACH CALFOeNA DEPt-QTN1EVT C= PUSLJC raC^<S [FILENAME "SOUTHEAST uston exhib—a dw Today Date R /9 Assignment Form Office of the City Clerk Date needed Initial, date and return to Mae % Giro C/J /1P Q 0&, �i��cc� & Q/7.0 442', 6G S f� d C�e4 ..a` > , � � P ``� Research Notes G-� -7/71&c /S7 —/6- / - Z�- -�5 v v 7�/ &f'�71�iE7Z L `' T%f7S 1✓1/ L l' % 7 v / '- /,- ✓11-7 0 CITY OF HUNTINGTON B ACH 2 0 0 0 M a i n S t r e e t Les M Jones II Director Mr Albert Siu-Toung c/o Mail Boxes Etc 1325 Howard Avenue Burlingame CA 94010 P O B o x 1 9 0 December 26 1996 C a l i f o r n i a 9 2 6 4 8 Public Works Department (714) 536 5431 Subject Easement Deed Notarization by Hiroyasu Nakano For the southeast corner of Garfield Avenue at Florida Street in Huntington Beach Dear Mr SIu-Toung Per our telephone conversations I have enclosed the original easement deed granting the City of Huntington Beach an easement for street purposes over a small portion of property (88 square feet) owned by Marusan U S A Mr Hlroyasu Nakano has signed the original Instrument and you have notarized this Instrument The City Clerk has advised me that the easement deed must contain information about the capacity in which the person signing the easement deed is acting that is is Mr Nakano authorized by Marusan U S A to grant the easement to the City During one of our previous telephone conversations I understood that Mr Nakano is the owner of Marusan U S A I believe that the easement deed should somehow reflect Mr Nakano's function and status with Marusan U S A The City Clerk has advised me that the Orange County Recorder will not likely accept and record the easement without this information If you would please confirm Mr Nakano s status with Marusan U S A and complete the easement deed accordingly Once this additional information has been included on the easement please return the original easement to me for recording with the County of Orange Thank you very much for your assistance Should you have any questions regarding this issue please call me at (7 14) 536-5523 during normal business hours Sincerely ;,James D Otterson P E P L S Traffic Engineer / cc Connie Brockway City Clerk `Z Ann Neidlinger Farallon Real Estate Services r� 0 RECORDING REQUESTED BY CITY OF HUNTINGTON BEACH Ind when r u rdcd mml to Cit) Clerk City of Huntington Beach P 0 Box 190 HununbtonBeich Ci 92648 -ibove this line for Recorders use EASEMENT DEED I HEREBY DECLARE THE DOCUMENT TRANSFER TAX IS $ Atj(z ' (1 R'rL IE THE TAX IS COMPUTERIZED ON FULL VALUE OF PROPERTY CONVEYED OR, COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING AT THE OF SALE SIGNATURE OF DECLARANT OR AGENT FIRM NAME FOR A VALUABLE CONSIDERATION receipt of whicli is hereby -acknowledged Hiroyasu Nakano - Marusan U S A do(es) hereby GRANT to the CITY OF HUNTiNGTON BEACH a municipal corporation a perpetual casement and right of way for street and public utility purposes in on over wider and across all that real property in the CITY OF HUNTINGTON BEACH Count) of Oringe Slate of California described as follows Pursuant to the legal description dated May 14 1996 attached hereto and made a part hereof By Spite of CAL -I Fo,QN I n ) ) SS Countyof 5flt.( Mlj-7EG) a On (, rH ��V before me T' (-e 2 �_ f lA - (OUM Cz DATE J � n UI UPI ILLR C G JANE DOE NO FARY PUBLIC personally appeared -H I QOy-ftSu rs/- letl f.J C, �� NA1dE(S) OI SIGNER(S) ❑ persorvilly known to me OR 1{d pro%ed to me on the basis of satisfactory evidence to be the person(o) whose name($) islase subscribed to the within instrument and acknowledged to me that he/sWAlrey executed the same in his/licHlbe,r -iuthonzed capacity(ies} ,ind that by his/hef4hnr sibnature(() on the instrument ALBERT SW TOUNCi Z the person(') or the entity upon behalf of which COMM NOTMY pc 022806 N <j1hersonO acicd recuted the instrument SAN MATEO COUNTYWConmFWrnAPR10 1998 `ss n cial seal v-� �71 rV21 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL []CORPORATE OFFiCER(S) T r-E ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY IN FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER iS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 27 1997 Gary L Granville County Clerk Recorder P 0 Box 238 Santa Ana California 92702 CALIFORNIA 92648 Enclosed please find deed No 5608 to be recorded and returned to the City of Huntington Beach Office of the City Clerk 2000 Main Street Huntington Beach California 92648 Please conform the enclosed copy of the deed and return to this office in the enclosed self addressed stamped envelope r Connie BrockNNay CMC Cit} Clerk CB jc Enclosure Deed No D608 g /followtip/dccdltr/N-ikano (Telephone 714 536 5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION CALIFORNIA 92648 This is to certify that the interest in real property conveyed by the deed dated August 27, 1996 from Hiroyasu Nakano to the CITY OF HUNTINGTON BEACH, is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No 3537 of the City Council of the City of Huntington Beach adopted on August 7 1972 and the grantee consents to the recordation thereof by its duly authorized officer Dated February 27 1997 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY CIVIC CITY LERK By eputy City Clerk g followup\d d rt S6a 2/ 2 7/971 &cdcut/NA-ino (Telephone 714 536 5227) E • RECORDING REQUESTED BY CITY OF HUNTINGTON BEACH and %%11 n ruorded in nl to City Clerk City of Huntinbion Beach P 0 Bo\ 1)0 Nuntinbton Beach Ca 92648 abo%c this line for Recorder s use , f' -j/t / Ti // 0,'4 EASEMENT DEED I HEREBY DECLARE THE DOCUMENT TRANSFER T�\IsI No Consideration L �Nr_ li r p I 6 fi1t { F1 THE TAX IS i�Q b COMPUTERIZED ON FULL VALUE OF PROPERTI CONVE) ED OR, jJ COMPUTED /OJN FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE City Traffic Engineer City of Huntinnton Beach SIGNATURE OF DECLARANT OR AGENT FiRM NAME FO �ALUABLE CONSIDERATION receipt of tihich is hereb) ackno%Nlcdged 11 royasu Nakano - Marusan U S A do(cs) hereb) GRANT to the CITY OF HUNTINGTON BEACH a municipal corporation a perpetual casement and right of «a) for street and public uliht) purposes in on oNcr under and across all that real propert) in the CiTY OF HUNTINGTON BEACH County of Orange State of California described as folloNNs Pursuant to the legal description dated May 19 1996 attached hereto and made a part hereof Tax Exempt C,)�.eri 'rent Agency CITY OF hUiN-lNG1ON BEACH n I c n cl ay CMC By C y Clerk �p I City Clerk ThI doc ^ i of c Stale of Cf I -I F04N I T7 ) ) SS County of 58 ((i1 ii-Tct✓) On tr 2 rH'Nefore nic of I 1 floo of c r By s lei/ fcr the t P 'I ty By contcct- Lcec 1 be recorded _<:�; (lk - I C LI M C- rl Al F II u. - vi Uru 1(.LR L 1, J V\E DOE NO Vil I L13LE personallti appeared I i 1 QQyf}Su N,4 Kti j C. �� \AAt E(S) OF SIG\LR(S) ❑ personallti knoii n to nle OR 9?"pro%cd to me on the bans of satisfacion c\ idcncc to be the person(t) Nihose name(!) is/are subscribed to the iutlun Instrument and acknoii Icdgcd to rile that he/slieA+c� c\cculcd the same in his/hc Laic.r authorirod capacitti(Jcs} ind that b) his/11@fii rnr sibnaturc(()on the uislnimcnt ALBERT SW TOUNG Z the person(p) or the cntih upon behalf of ii I ch ir COMM NOTARY Txo C.ALF�oTsWA < the person(j) acted ,ccutcd the instrument Z SAN►tATT-0 COUNTY + 6yConn EWwAPR 101998 - Witness trialscit 0 Marusan U S A 4 C—e (—, i CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL .CORPORATE I' n �C ES I )c ICI i OFFiCER(S) ❑ PARTNER(S) ❑ LiMITED ❑ GENERAL ❑ ATTORNE) iN FACT ❑ FRUSTEE(S) ❑ CUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING \ vw or I LRSO\(s) OR r\ rl n (ILS) Aalz(�saN oI � A 9.1 L 0 May 14 1996 Legal Description og 5o Traffic Signal Construction Maintenance Operation and Modification Easement City of Huntington Beach Southeast Corner of Garfield Avenue at Florida Street That certain parcel of land situated in the City of Huntington Beach County of Orange State of California being that portion of Parcel 1 of Parcel Map No 31-494 as shown on a map thereof filed in Book 97 Pages 14 and 15 of Parcel Maps in the Office of the County Recorder of said Orange County described as follows Beginning at the most northeasterly corner of said Parcel 1 thence North 890 58' 13 West 385 44 feet along the north line of said Parcel 1 to the TRUE POINT OF BEGINNING said point being the beginning of a tangent curve concave to the southeast with a radius of 31 00 feet and a central angle of 90' 01' 44 thence South 01 01 47 West 0 50 feet to the beginning of a non -tangent curve concave to the southeast with a central angle of 99' 22' 37' and a radius of 26 50 feet a radial line of said curve from said point bears South 01 41 31 West thence along said curve southwesterly 45 96 feet through a central angle of 991 22' 37' thence South 450 00 03 West 6 36 feet to a point on the west line of Parcel 1 thence North 00 00 03' East 4 50 feet along the west line of Parcel 1 to the beginning of a tangent curve concave to the southeast with a radius of 31 00 feet thence along said curve 48 71 feet through a central angle of 90001'44' to a point tangent with the north line of Parcel 1 said point being THE TRUE POINT OF BEGINNING CONTAINING 88 square feet SUBJECT TO All Covenants Rights Rights -of -Way and Easements of Record EXHIBIT A attached and by this reference made a part hereof �,ND 3 mes D Otterson L S 6196 �� O 0TTFq� No 6196 z NI:xp 3 31�ti�j PC DOCS 18745 AdML GARFIELD AVENUE T P 0 B o In N 89 58 13 W ' 385 44 G P0B/ PARCEL 2 G� S 001 47 W Li' 0 50 M Ln c0 O O o T Z I � S 45 00 03 W 6 36 LJ ` W of o o F- PARCEL 1 (n Pik 31 -494 NN 33 0 C BK 97 PG 1 4& 15 N ry 0 LL Q SU LINE DATA OrrF,� CU�`l= DELTA � � NO 6196 EXp 3 - 3 9 EASEMENT AQEA BE SODU2E =-ET EXHIBIT A ,a o/ =� DATE 05- 15-96 CALE 1 = 20 APPROVED B DRAWN BY NECKED BY _-�G� wseG %f' h �fi4#'Or' R M H �f..MES D OTTERSON TRAFFIC NGINE R DATE C C No F L D E K - - - - - - f=ASEiV1ENT FOf2 T12AFFIC SIGNAL ""'"_ .�'�7'/�.�� cl o= q \lIING �� �EAC-- C� F=OzvIA SOUTHEAST CORNER GARFIELD/FLOeIDA FI ENAME huslon\ exhib-a dw 2ADIUS i_ENG T L-- C 1 90 01 44 31 00 48 71 C 2 99 22 37 26 50 45 96 LQ CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 10 1997 Mr Ramiro Valdez President C T & F Incorporated 7228 Scott Avenue Bell Gardens California 90201 CALIFORNIA 92648 Enclosed is a copy of the e\ecuted contract xN Ith the City of Huntington Beach a Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the project is completed but prior to the release of retention funds In addition the following item must also be on file NN1th this office before the City can release any retention funds A warranty bond guaranteeing the final amount of Mork and materials for one year If } our performance bond does not include specific xN ording for a one year Nt arrant} then a rider or separate bond must be submitted Should 3 ou have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds please call the Public Works Department �36-�441 Sincerely J � Connie Brockway CMC Citti Clerk CB jc Enclosure Contract Declaration of Satisfaction Certificate of Compliance Copies/bonds insurance g follonup\caehcon (Telephone 714 536 5227) FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND C T & F INC FOR TRAFFIC SIGNAL INSTALLATION AT FLORIDA STREET AND GARFIELD AVENUE THIS AGREEMENT is made and entered into on this loth day of January 1997 by and between the CITY OF HUNTINGTON BEACH a Municipal Corporation of the State of California hereinafter referred to as 'CITY " and C T & F INC a California corporation hereinafter referred to as CONTRACTOR ' WHEREAS CITY solicited bids for a Public Works project hereinafter referred to as "PROJECT " more fully described as traffic signal installation at Florida Street and Garfield Avenue in the City of Huntington Beach California and The PROJECT to which the construction work covered by this contract pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance Housing and Urban Development Act of 1968 as amended in 1992 Section 3 Title 24 Code of the Federal Regulations Part 135 Economic Opportunities for Low- and Very Low - Income Persons Section 3 contract clauses the work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 as amended 12 U S C 1701 u (section 3) The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3 shall to the greatest extent feasible be directed to low- and very low-income persons particularly persons who are recipients of HUD assistance for housing and CONTRACTOR has been selected and is to perform said work NOW THEREFORE in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows 1 3/K/FLORIDA/1 1/27/96 STATEMENT OF WORK, ACCEPTANCE OF RISK The parties to this contract agree to comply with HUD s regulations in 24 CFR part 135 which implement Section 3 As evidenced by their execution of this contract the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding if any a notice advising the labor organization or worker's representative of the CONTRACTOR s commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice The notice shall describe the Section 3 preference shall set forth minimum number and Job titles subject to hire availability of apprenticeship and training positions the qualifications for each and the name and location of the persons taking applications for each of the positions and the anticipated date the work shall begin CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135 and agrees to take appropriate action as provided in an applicable provision of the subcontract or in this Section 3 clause upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135 CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135 CONTRACTOR will certify that any vacant employment positions including training positions that are filled (1) after the contractor is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR part 135 2 3/K/FLORIDA/11 /27/96 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR s obligations under 24 CFR part 135 CONTRACTOR agrees and understands that noncompliance with HUD s regulations in 24 CFR part 135 may result in sanctions termination of this contract for default and debarment or suspension from future HUD assisted contracts and With respect to work performed in connection with Section 3 covered Indian housing assistance Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U S C 450e) also applies to the work to be performed under this contract Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian owned Economic Enterprises Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible but in derogation of compliance with Section 7(b) CONTRACTOR shall furnish at its own expense all labor plant tools equipment supplies transportation utilities and all other items services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project during its progress or prior to acceptance from the action of the elements from any unforeseen difficulties which may arise or be encountered in the prosecution of work and for all other risks of any description connected with the work including but not limited to all expenses incurred by or in consequence of the suspension or discontinuance of work except such as are herein expressly stipulated to be borne by CITY and for well and faithfully completing the work within the stipulated time and in the manner 3 3/K/FLORIDA/11 /27/96 shown and described in this Agreement and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed in accordance with the stipulated prices named in the Bid Sheet(s) 2 ACCEPTANCE OF CONDITIONS OF WORK, PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all of the terms conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) the location of the job site and the conditions under which the work Is to be performed and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY It is agreed that the Contract Documents are incorporated into this Agreement by this reference with the same force and effect as if the same were set forth at length herein and that CONTRACTOR and its subcontractors if any shall be bound by said Contract Documents insofar as they relate in part or in any way directly or indirectly to the work covered by this Agreement 'Contract Documents as defined herein mean and include A This Agreement B Bonds covering the work herein agreed upon C The 1994 edition of Standard Specifications for Public Works Construction published by Bu//dees News Inc 3055 Overland Avenue Los Angeles California 90034 and all amendments thereto written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee 4 3/K/FLORIDA/11 /27/96 D Bid documents including the Notice Inviting Bids the Special Instructions to Bidders and the CONTRACTOR s proposal (attached hereto as Exhibit'A ) E The particular plans specifications special provisions and addenda ,applicable to the PROJECT Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications shall be of like effect as if indicated and mentioned in both In case of discrepancy between any plans specifications special provisions or addenda the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as DPW') without whose decision said discrepancy shall not be adjusted by CONTRACTOR save only at its own risk and expense Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith 3 COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement subject to any additions or deductions made under the provisions of this Agreement or the contract documents a sum not to exceed Fifty - Nine Thousand Nine Hundred Thirty -Six Dollars ($59 936) as set forth in the Contract Documents to be paid as provided for by the terms and conditions of this Agreement 4 COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within sixty (60) calendar days from the execution of this Agreement by CITY excluding delays provided for herein 5 3/K/FLORIDA/11 /27/96 5 TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the contract Documents CONTRACTOR shall prepare and obtain approval as required by the contract Documents for all shop drawings details and samples and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the contract Documents CONTRACTOR shall coordinate its work with the work of all other contractors subcontractors and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors subcontractors and CITY forces and in general all matters concerning the timely and orderly conduct of the work on CONTRACTOR on the premises 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the contract documents unless a change therefrom is authorized in writing by the DPW CONTRACTOR agrees to make any and all changes furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing Under no condition shall CONTRACTOR make any changes without the written order of the DPW and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW When directed to change the work CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change Should the DPW not 6 3/K/FLORiDA/11 /27/96 • 0 agree to such cost proposal the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR thereupon CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly 7 NOTICE TO PROCEED No work services material or equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued In the event of a delay in commencement of the work due to unavailability of the job site for any reason relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability 8 BONDS CONTRACTOR shall prior to entering upon the performance of this Agreement furnish the following three bonds approved by the City Attorney One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR s faithful performance of the work one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY s acceptance thereof and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished 9 WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including but not limited to any installation fabrication material or structural facilities constructed CONTRACTOR within ten (10) days after notice by CITY of any defect in the work shall have the option to make appropriate repairs or replace the defective item or 7 3/K/FLORIDA/11 /27/96 items Upon expiration of such ten (10) day period CITY may then make appropriate repair or replacement at CONTRACTOR s risk and expense 10 MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project) will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3) the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics subject to the provisions of 29 CFR 5 5(a)(1)(iv) also regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans funds or programs which cover the particular weekly period are deemed to be constructively made or incurred during such weekly period Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed without regard to skill except as provided In 29 CFR Part 5 5(a)(4) Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein Provided That the employer's payroll records accurately set forth the time spent in each classification in which work is performed 8 3/K/FLORIDA/11 /27/96 • 0 The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5 5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and 'accessible place where it con be easily seen by the workers Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met (1) The work to be performed by the classification requested is not performed by a classification in the wage determination and (2) The classification is utilized in the area by the construction industry and (3) The proposed wage rate including any bona fide fringe benefits bears a reasonable relationship to the wage rates contained in the wage determination If the CONTRACTOR and the laborers and mechanics to be employed in the s classification (if known) or their representatives and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate) a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division Employment Standards Administration U S Department of Labor Washington D C 20210 The Administrator or an authorized representative will approve modify or disapprove every additional classification action within 30 days of receipt and so advise HD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary (Approved by the Office of Management and Budget under OMB control number 1215-0140 ) In the event the CONTRACTOR the laborers or mechanics to be employed in the classification or their representatives and HUD or its designee do not agree on the 9 3/K/FLORIDA/11 /27/96 proposed classification and wage rate (including the amount designated for fringe benefits where appropriate) HUD or its designee shall refer the questions including the views of all interested parties and the recommendation of HUD or its designee to the Administrator for determination The Administrator or an authorized representative will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary (Approved by the Office of Management and Budget under OMB Control Number 1215-0140 ) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof If the CONTRACTOR does not make payments to a trustee or other third person the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program Provided That the Secretary of Labor has found upon the written request of the CONTRACTOR that the applicable standards of the Davis -Bacon Act have been met The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140 ) 10 3/K/FLORIDA/11 /27196 11 PREVAILING WAGE LAW The CITY has ascertained from the U S Department of Housing and Urban Development ( HUD ) the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement and the same has been set forth by resolution on file in the office of the City Clerk of CITY CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement CONTRACTOR agrees to secure payment of compensation to every employee 12 WITHHOLDING HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this contract or any other Federal contract with the same prime contractor or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics including apprentices trainees and helpers employed by the CONTRACTOR or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic including any apprentice trainee or helper employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project) all or part of the wages required by the contract HUD or its designee may after written notice to the CONTRACTOR sponsor applicant or owner take such action as may be necessary to cause the suspension of any further payment advance or guarantee of funds until such violations have ceased HUD or its designee may after written notice to the CONTRACTOR disburse such amounts withheld for and on account 11 3/K/FLORIDA/1 1/27/96 of the CONTRACTOR or subcontractor to the respective employees to whom the are due The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts 13 HEALTH AND SAFETY No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary hazardous or dangerous to his health standards promulgated by the Secretary of Labor by regulation The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54 83 Stat 96) The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions 14 PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773 8 of the Califomia Labor Code regarding the payment of travel and subsistence payments is applicable to this PROJECT 15 APPRENTICES AND TRAINEES Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U S Department of Labor Employment and Training Administration Bureau of Apprenticeship and Training or with a State Apprenticeship Agency recognized by the Bureau or if a person is employed in his or her first 90 days of 12 3/K/FLORIDA/11 /27/96 u L� probationary employment as an apprentice in such an apprenticeship program who is not individually registered in the program but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be ,eligible for probationary employment as an apprentice The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program Any worker listed on a payroll at an apprentice wage rate who is not registered or otherwise employed as stated above shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed In addition any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed Where a contractor is performing construction on a project in a locality other than that in which its program is registered the ratios and wage rates (expressed in percentages of the journeyman s hourly rate) specified in the contractor's or subcontractor's `registered program shall be observed Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice s level of progress expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program If the apprenticeship program does not specify fringe benefits apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification If the Administrator determines that a different practice prevails for the applicable apprentice classification fringes shall be paid in accordance with that determination In the event the Bureau of Apprenticeship and Training or a State Apprenticeship Agency recognized by the Bureau withdraws approval of an apprenticeship 13 3/K/FLOR I DA/11 /27/96 program the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved Trainees Except as provided in 29 CFR 5 16 trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval evidenced by formal certification by the U S Department of Labor Employment and Training Administration The ratio of trainees to Journeymen on the Job site shall not be greater than permitted under the plan approved by the Employment and Training Administration Every trainee must be paid at not less than the rate specified in the approved program for the trainee s level of progress expressed as a percentage of the Journeyman hourly rate specified in the applicable wage determination Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program If the trainee program does not mention fringe benefits trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding Journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed In addition any trainee performing work on the Job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed In the event the Employment and Training Administration withdraws approval of a training program the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved 14 3/K/FLORIDA/1 1/27/96 16 PAYROLLS AND BASIC RECORDS Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project) Such records shall contain the name address and social security number of each such worker his or her correct classification hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act) daily and weekly number of hours worked deductions made and actual wages paid Whenever the Secretary of Labor has found under 29 CFR 5 5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable that the plan or program is financially responsible and that the plan or program has been communicated in writing to the laborers or mechanics affected and records which show the costs anticipated or the actual cost incurred in providing such benefits CONTRACTORS employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees and the ratios and wage rates prescribed in the applicable programs (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017 ) The CONTRACTOR shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract but if the agency is not such a party the CONTRACTOR will submit the payrolls to the applicant sponsor, or owner as the case may be for transmission to HUD or its designee 15 3/K/FLORIDA/11 /27/96 The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5 5(a)(3)(i) This information may be submitted in any form desired Optional Form WH-347 is available for this purpose and may be purchased from the ,Superintendent of Documents (Federal Stock Number 029-005-00014-1) U S Government Printing Office Washington DC 20402 The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors (Approved by the Office of Management and Budget under OMB Control Number 1215-0149 ) Each payroll submitted shall be accompanied by a Statement of Compliance signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5 5(a)(3)(1) and that such information is correct and complete That each laborer or mechanic (including each helper apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned without rebate either directly or indirectly and that no deductions have been made either directly or indirectly from the full wages earned other than permissible deductions as set forth in 29 CFR Part 3 That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed as specified in the applicable wage determination incorporated into the contract The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the Statement of Compliance required by paragraph A 3 (u)(b) of this section 16 3/K/FLORIDA/11 /27/96 • The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code The CONTRACTOR or subcontractor shall make the records required under paragraph A 3(1) of this section available for inspection copying or transcription by authorized representatives of HUD or its designee or the Department of Labor and shall permit such representatives to interview employees during working hours on the job if the CONTRACTOR or subcontractor fails to submit the required records or to make them available HUD or its designee may after written notice to CONTRACTOR sponsor applicant or owner take such action as may be necessary to cause the suspension of any further payment advance or guarantee of funds Furthermore failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 512 17 WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph 17 3/K/FLORIDA/1 1/27/96 0 0 18 LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein damage will be sustained by CITY and that it is and would be impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay it is therefore agreed that CONTRACTOR will pay to CITY as liquidated damages and not as a penalty the sum of Two Hundred Fifty Dollars ($250) per day for each and every working day s delay in completing the work in excess of the number of working/calendar days set forth in section 4 herein which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons of such delay and CONTRACTOR agrees to pay said damages herein provided and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR including but not restricted to acts of God or of the public enemy fire floods epidemics quarantine restrictions strikes unsuitable weather or delays of subcontractors due to such causes CONTRACTOR shall within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement) notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if in its Judgment the findings of fact thereon Justify the delay and the decision of the DPW shall be conclusive on the parties hereto 18 3/K/FLORiDA/11 /27/96 Should CONTRACTOR be delayed in the prosecution or completion of the work by the act neglect or default of CITY or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY or by damage caused by fire or Y other casualty at the job site for which CONTRACTOR is not responsible or by the combined action of the workers in nowise caused by or resulting from default or collusion on the part of CONTRACTOR or in the event of a lockout by CITY then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay No claim for additional compensation or damages for delays irrespective of the cause thereof and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR 19 SUBCONTRACTS The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph 20 INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is and shall be acting at all times hereunder as an independent contractor and not as an employee of CITY CONTRACTOR shall secure at its expense and be responsible for any and all payment of income tax social security state disability insurance compensation unemployment 19 3/K/FLORIDA/11 /27/96 • CJ compensation and other payroll deductions for CONTRACTOR and its officers agents and employees and all business licenses if any in connection with the PROJECT 21 DIFFERING SITE CONDITIONS (1) Notice The CONTRACTOR shall promptly and before such conditions are disturbed notify the DPW in writing of (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents or (b) unknown physical conditions at the job site of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement whether or not changed as a result of such conditions an equitable adjustment shall be made and the Agreement modified in writing accordingly (2) Time extension No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder provided however the time prescribed therefor may be extended by CITY 22 VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT in accordance with the plans and specifications Upon completion of the PROJECT if the actual quantities used are either more than or less than the quantities listed in the bid schedule the bid price shall prevail subject to the provisions of this section The DPW may at its sole discretion when warranted by the fact and circumstances 20 3/K/FLORIDA/11 /27/96 order an equitable adjustment upwards or downwards in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement If the quantity variation is such as to cause an increase in the time necessary for completion the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant 23 PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof From each progress estimate ten percent (10%) will be deducted and retained by CITY and the remainder less the amount of all previous payments since commencement of the work will be paid to CONTRACTOR When CONTRACTOR has in the judgment of the DPW faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule and if the DPW finds that satisfactory progress has been and is being made the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT as determined by DPW less all previous payments and less all previous retained amounts The final payment if unencumbered or any part thereof unencumbered shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY Payments shall be made on demands drawn in the manner required by law each payment to be accompanied by a certificate signed by the DPW affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement Partial payments on the contract price shall not be considered as an acceptance of any part of the work 21 3/K/FLO R I DA/ 11/27/96 • 0 24 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR who shall retain beneficial ownership and receive interest if any thereon CITY shall permit the substitution and deposit ',therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement 25 AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed all firms supplying materials and all subcontractors upon p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material except certain times if any to be set forth in an affidavit covering disputed claims or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California 26 WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement 27 INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect defend indemnify and hold and save harmless CITY its officers and employees against any and all liability claims judgments costs and demands however caused including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR including those arising from the passive concurrent negligence of CITY but save and except those which anse out of the active concurrent negligence sole negligence or the sole willful misconduct of CITY CONTRACTOR will conduct all defense at its sole cost and expense 22 3/K/FLORIDA/1 1/27/96 s • CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation 28 WORKERS COMPENSATION INSURANCE Pursuant to Califom/a Labor Code section 1861 CONTRACTOR acknowledges awareness of section 3700 et seq of said Code which requires every employer to be insured against liability for workers compensation CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100 000) bodily injury by accident each occurrence One Hundred Thousand Dollars ($100 000) bodily injury by disease each employee Two Hundred Fifty Thousand Dollars ($250 000) bodily injury by disease policy limit CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors employees CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation 29 INSURANCE In addition to the workers compensation insurance and CONTRACTOR s covenant to indemnify CITY CONTRACTOR shall obtain and furnish to CITY a policy of general public liability insurance including motor vehicle coverage covering the PROJECT Said policy shall indemnify CONTRACTOR its officers agents and employees while acting within the scope of their duties against any and all claims of arising out of or in connection with the PROJECT and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage including products/completed operations liability and blanket contractual liability of $1 000 000 per occurrence If coverage 23 3/K/FLORIDA/11 /27/96 is provided under a form which includes a designated general aggregate limit the aggregate limit must be no less than $1 000 000 Said policy shall name CITY its officers and employees as Additional Insureds and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary Under no circumstances shall said abovementioned insurance contain a self - insured retention or a deductible or any other similar form of limitation on the required coverage 30 CERTIFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement said certificates shall 1 provide the name and policy number of each carrier and policy 2 shall state that the policy is currently in force 3 shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY and 4 shall state as follows "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation " CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement CITY or its representative shall at all times have the right to demand the original 24 3/K/FLORIDA/11 /27/96 or a copy of all said policies of insurance CONTRACTOR shall pay in a prompt and timely manner the premiums on all insurance hereinabove required A separate copy of the additional insured endorsement to each of , CONTRACTOR s insurance policies naming the CITY its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder 31 DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence or fails to complete the work within the time specified or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent or violates any provision of this Agreement or the contract documents CITY may give notice in writing of its intention to terminate this Agreement Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR CITY may without prejudice to any other remedy it may have terminate this Agreement upon the expiration of that time Upon such default by CONTRACTOR CITY may elect not to terminate this Agreement in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR 32 DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder or upon earlier termination of this Agreement all original plans specifications drawings reports calculations maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost 25 3/K/FLORIDA/1 1/27/96 33 NON ASSIGNABILITY CONTRACTOR shall not sell assign transfer convey or encumber this Agreement or any part hereof or any right or duty created herein without the prior written consent of CITY and the surety 34 CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement No officer or employee of CITY shall have any financial interest in this Agreement in violation of Cabfom/a Government Code sections 1090 et seq 35 STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees costs and necessary disbursements arising out of the processing of Stop Notices notices to Withhold or any similar legal document Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop notice filed in excess of two regardless of whether or not CITY is named in an action to enforce such stop notices CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement 36 NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made at the place of business of such party or to any other place designated in writing by such party 26 3/K/FLOR I DA/11 /27/96 37 CAPTIONS Captions of the section of this Agreement are for convenience and reference only and the words contained therein shall in no way be held to explain modify amplify or aid in the interpretation construction or meaning of the provisions of this Agreement 38 FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance As federal funds are financing all or part of this work all of the statutes rules and regulations promulgated by the Federal Government and applicable to the work will apply and CONTRACTOR agrees to comply therewith 39 DAVIS-BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a et seq ) for each craft or type of worker needed to perform this Agreement CONTRACTOR agrees to comply with all applicable federal labor standards provisions said provisions are incorporated herein by this reference 40 DISPUTES CONCERNING LABOR STANDARDS Disputes arising out of the labor standards provisions of this contract Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5 6 and 7 Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee the U S Department of Labor or the employees or their representatives 27 3/K/FLORIDA/11 /27/96 0 • 41 CERTIFICATION OF ELIGIBILITY By entering into this contract the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis - Bacon Act or 29 CFR 5 12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24 No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5 12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24 The penalty for making false statements is prescribed in the U S Criminal Code 18 U S C 1001 Additionally U S Criminal Code Section 1010 Title 18 U S C Federal Housing Administration transactions provides in part Whoever for the purpose of influencing in any way the action of such Administration makes utters or publishes any statement knowing the same to be false shall be fined not more than $5 000 or imprisoned not more than two years or both 42 DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees agents principals or subcontractors to discriminate against any employee or applicant for employment on the basis of race religious creed national origin or sex CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible 28 3/K/FLORIDA/11 /27/96 43 EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246 as amended and 29 CFR Part 30 The utilization of apprentices trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race color religion creed national origin sex or age to ensure equality of opportunity in all aspects of employment Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701 et seq ) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq )prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability To ensure compliance with these requirements the CONTRACTOR shall provide the C its written affirmative action plan prior to commencement of work The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable 44 COPELAND "ANTI -KICKBACK ACT CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3 which Act provides that each shall be prohibited from including by any means any person employed in the construction completion or repair of public work to give up any part of the compensation to which he is otherwise entitled 29 3/K/FLORIDA/11 /27/96 0 • 45 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq ) as supplemented by Department of Labor regulations (29 CFR part 5) Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary hazardous or dangerous to his health and safety as determined under construction safety and health standards promulgated by the secretary of Labor These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation guards As used in this section the terms laborers and mechanics include watchmen and 46 IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed on the date of contract award on the United States Environmental protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 1520 30 3/K/FLORIDA/11 /27/96 (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder (c) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director office of Federal Activities EPA indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract and further agrees to take such action as the Government may direct as a means of enforcing such requirements 47 ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201 et seq ) 48 HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules regulations guidelines procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith 31 3/K/FLORIDA/11 /27196 • 0 49 SUBCONTRACTS The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5 5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5 5 50 CONTRACT TERMINATION, DEBARMENT A breach of the contract clauses in 29 CFR 5 5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 512 51 COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage salary or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer 52 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME REQUIREMENTS No CONTRACTOR or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one 32 3/K/FLORIDA/1 1/27196 and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek whichever is greater 53 VIOLATION, LIABILITY FOR UNPAID WAGES, LIQUIDATED DAMAGES In the event of any violation of the clause set forth in subparagraph (1) of this paragraph the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages In addition such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory to such District or to such territory) for liquidated damages Such liquidated damages shall be computed with respect to each individual laborer or mechanic including watchmen and guards employed in violation of the clause set forth in subparagraph (1) of this paragraph in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph 54 LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services and that such legal services are expressly outside the scope of services contemplated hereunder CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309 the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR 33 3/K/FLORIDA/1 1/27/96 55 ATTORNEY FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof each party shall bear its own attorney fees 56 ENTIRETY The foregoing represents the entire Agreement between the parties IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by and through their authorized offices the day month and year first above written 4- < C T & F INC CITY OF HUNTINGTON BEACH A municipal corporation of the State of California By Ramiro Valdez President A*4 A4Z" Mayor , By Diana Val ez f S'ecreta ATTEST 3 REVIEWED AND APPROVED!?i y City Clerkf City AtTministrator APPROVED AS TO FORM 71�- �j%ity Atto ey /& IN TED AN APPR VED < b LAL Director Pub c Works 34 3/K/FLORIDA/11 /27/96 • u FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND C T & F INC FOR TRAFFIC SIGNAL INSTALLATION AT FLORIDA STREET AND GARFIELD AVENUE TABLE OF CONTENTS Page No 1 STATE OF WORK ACCEPTANCE OF RISK 2 2 ACCEPTANCE OF CONDITIONS OF WORK PLANS 4 3 COMPENSATION 5 4 COMMENCEMENT OF PROJECT 6 5 TIME OF THE ESSENCE 6 6 CHANGES 7 7 NOTICE TO PROCEED 7 8 BONDS 8 9 WARRANTIES 8 10 MINIMUM WAGE 8 11 PREVAILING WAGE LAW 11 12 WITHHOLDING 12 13 HEALTH & SAFETY 12 14 PAYMENT OF TRAVEL & SUBSISTENCE 13 15 APPRENTICES AND TRAINEES 13 16 PAYROLLS & BASIC RECORD 15 17 WITHHOLDING FOR UNPAID WAGES 18 18 LIQUIDATED DAMAGES/DELAYS 18 19 SUBCONTRACTS 20 20 INDEPENDENT CONTRACTOR 20 21 DIFFERING SITE CONDITIONS 20 22 VARIATIONS IN ESTIMATED QUANTITIES 21 23 PROGRESS PAYMENTS 21 24 WITHHELD CONTRACT FUNDS 22 25 AFFIDAVITS OF SATISFACTION OF CLAIMS 22 26 WAIVER OF CLAIMS 23 27 INDEMNIFICATION DEFENSE HOLD HARMLESS 23 28 WORKERS COMPENSATION INSURANCE 23 29 INSURANCE 24 30 CERTIFICATES OF INSURANCE ADDITIONAL INSURED 25 31 DEFAULT & TERMINATION 26 32 DISPOSITION OF PLANS ESTIMATES AND OTHER 26 33 NON -ASSIGNABILITY 26 34 CITY EMPLOYEES AND OFFICIALS 27 35 STOP NOTICES 27 36 NOTICES 27 37 CAPTIONS 27 38 FEDERAL PARTICIPATION 28 39 DAVIS-BACON ACT 28 40 DISPUTES CONCERNING LABOR STANDARDS 28 41 CERTIFICATION OF ELIGIBILITY 28 42 DISCRIMINATION MINORITIES ALIENS 29 43 EQUAL EMPLOYMENT OPPORTUNITY 29 44 COPELAND ACT 30 45 CONTRACT WORK HOURS 30 46 CLEAN AIR ACT 31 47 ENERGY CONSERVATION 32 48 HOUSING AND URBAN DEVELOPMENT 32 49 SUBCONTRACTS 32 50 CONTRACT TERMINATION DEBARMENT 33 51 COMPLAINTS PROCEEDINGS OR TESTIMONY 33 52 CONTRACT WORK HOURS AND SAFETY STANDARDS 33 53 VIOLATION LIABILITY FOR UNPAID WAGES 33 54 LEGAL SERVICES SUBCONTRACTING PROHIBITED 34 55 ATTORNEY FEES 34 56 ENTIRETY 35 3/K/FLOR I DA/11 /27/96 CUSTOMER 0 15651 C r is , _ i C A # E 0 i' I N {_ U ii A N - E ISSUE DATE: a-. ...8/9 C=C=;#';Oj,` ! rH!"S CEET1-<' !*"S ES= U'_iCS A'AiTEG aiLfy;F"EC-_ 'C IF`D?'=Ti_N !`i: MCELVANY INSURANCE INC. NO RIGHTS U-}}L CERTIFICATE i:R - THIS vr'#I-avii •:_NOT AMEND, -jOX 9148 P.O. EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. ONTARIO, (9091 r 9S -2C23£ l i•• j {R f COMPANIES AFFORDING #" COVERAGE COMPANY t LETTER f ER A TRANSCONTINENTAL ----------------------------------------! I4 : COMPANY LETTER Ei B is j5.#f'P ERA I i'# INS CO INSURED } f• `7228 SCOUT AVE' NIIE ASK COMPANY C A `•A =CASUALTY_ �t : . I'+v. tw�3iL,�*.� L-t{'�i-�x�T;i d (:lf - � J&4v,6 BELL GARDENS, CA - iCOMPANY LETTER .f * * * THIS CERTIFICATE REPLACES PREVIOUSLY � -ZIP Cf?=±1 a I' ' COMPANY LETTER F ISSUED CERTIFICATE DATED 12-16-96 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED O THE #�`�'•"_}`#RED NAMED ABOVE FOR HE PO PE ---rill INDICATED, !} C=L- #`RE ENT - - _ }•: i - OTHER DOCUMENT C M N WITH RESPECT O PERIOD It,:: .._H,,.. NOTWITHSTANDING (=;S ' ._#1�=3RLt'!L�?= fE�:!� ��` CONDITION I_s 3= ri'i CONTRACT LI{+.' �t:;-#C�: jf�=1=1:±E�i WITH };L ��L= ±L WHICH 1;._'- .. `'r._ AT- n:`•.'� C}- s# - MAY PERTAIN, "� =A - -•xv T{•r POLICIES DESCRIBED �:i�Cri-r ,•i r#}- C�•T iafHICH.. THI'-.-'si CERTIFICATE MAY B ISS�.E:. ' MA PERTAIN, THE INSURANCE AFFORDED B, #Hx_ POLICIES DESCRIBED HEREIN 1_ S_}u-vEC TO ALL THE TERMS, EXCLUSIONS, XC.:Ss:N_? AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED EDva;D BY PAID CLAIMS. co POLICY I i POLICY LTF: TYPE O INSURANCE POLICY NUMBER EEE-. DATE EXP. DATE LIMITS !GENERAL LIABILITY # f GENERAL AGGREGATE - i' 2,000,000 Al ( COMMERCIALGENERAL LIABILITY C01030914027 10/ 819t 10/2a/97 iPRODUCTS-COMP/OP _OI:CTS-C?MFOAGO. S 200,000 CLAIMS MADE :1# OCCUR. f PERSONAL AADV. iN#L.! $1:tjfrv0 L CONTRACTOR'S # EACH Z±}#_�EN-r � 1r.,3E_iIfUER'S 1 FIRE DAMAGE (ANY ONE FIRE) c r ------------- ------•---------------___—__—_—_—___—______------------------------------------------------ ; MED. EXPENSE (ANY ONE PERS) S 51000 r,MOB ---------------- ..•i AUTO } DL}}HI;.,�?1168�:'7 i`�:_.�_::6 1_!:__.:i � COMBINED SINGLE LIMIT T yr;:�,_::jr0yvi iANY�: r # ALL AWNED AUTOS ! # ?-rCHL.:ULL:.f eLfi;_}c• BODILY I•-_t_,t: (PER F'c^'Si:: *n€• i E •} i3ii'•.Li} 'LD AUTOS 1 .. { NON -OWNED AUTOS ,N j 1 i [� BODILY <.f.-.:UR (PER ACC) $;e•;4*** GARAGE LIABILITY PROPERTY DAMAGE _______---_..___________________________...____________-._____-...__-_-.__.____.____- ! EYv:E +S LIABILI ? , # r OTHER THAN UMBRELLA FORM f # fmr bJ=j Cl i�F lJ±:, t. i. #� COMPENSATION l'.r s>-:.: I_, 1.:`. .. .,. s: vI: . i �• AND f j --------'------------------------------------------------------------' OTHER � EACH OCCURRENCE it' AliiiEtLVCi?L ------------------- ____________ 91000,000 (X) STATUTORY LIMITS EACH ACCIDENT s 11000,000 0��}i?i'000 EASE-EACH non 000 _ EMPLOYEE -ISE DESC IPTIEON UE OPEF:ATIO /LOCATI+ONS/'fPEHICLES:� S-'ECIAL ITEMS RE: ^ TRAFFICE SIGNALS @ FLORIDA ST & GARFIELD AVE CC-1025 CITY OF HUNTINGTON BEACH. CT& F #3530. CERTIFICATE HOLDER —CITY OF HUNTINGTON BEACH, IT'S OFFICERS, EMPLOYEES & AGENTS SHALL BE NAMED AS ADDITIONAL INSURED PER ATTACHED FORM. THIS COVERAGE SHALL BE PRIMARY & NON—CONTRIBUTORY. CERTIFICATE HOLDER 1 CANCLILL"j-&-l' CITY OF HUNTINGTON BEACH 2000 MAIN STREET P.O. BOX 190 HUNTINGTON BEACH.; } ZIP CODE ?2648 =A T u } AUTHORIZED ..s#_}}..y. S. "-A 0- POLICY EFFECTIVE . 28-96 to 10-28-97 0 POLICY NUMBER CO 1030954027 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following C T & F , INC COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization CITY OF HUNTINGTON BEACH, IT'S OFFICERS, EMPLOYEES AND AGENTS (If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement ) We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of your work done under a contract with that person or organization The waiver applies only to the person or organization shown in the Schedule CG 24 04 11 85 Copyrign� In urance Services Of -rice Inc 1984 7— Fw All On Can reiuneets Yo+ ft-kc+ ADDITIONAL INSURED • • NAME OF ORGANIZATION SCHEDULE WHO IS AN INSURED (SECTION II) IS A'`C=DNDED TO INCLUDE AS AN INSURED THE ORGANIZATION SHOWN IN THE SCHEDULE, BUT ONLY WITS RESPECT TO THE OPERATION OF VEHICLES OWNED BY THE NAMED INSURED AND OPERATED ON BERALr OF THE NAMED INSURED THIS ENDORSEMENT DOES NOT APPLY TO ANY OPERATIONS FOR OTHER THAN THE NAMED INSURED THE ADDITIONAL INSURED IS NOT REQUITUM TO PAY FOR ANY PREMIUMS STATED IN THE POLICY OR EARNED FROM TFE POLICY LXY RETURN PREMIUM AND ANY DIVIDEND IF APPLICIA$L:, DECLARED BY US SF.ALL BE PAID TO YOU YOU ARE AUTHORIZED TO ACT FOR THE ADDITIONAL INSURED IN ALL MATTERS PERTAINING TO THIS INSURANCE WE WILL MAIL THE ADDITIONAL INSURED NOTICE OF ANY CANCELLATION OF THIS POLICY IF THE CANCELLATION IS Bv US WE WILL GIVE TEv DtiYS NOTICE TO TEE ADDITIO ,,L Ir;SLRED TIRE ADDITIONAL I`1SURED WILL RETAIN ANY RIGHT OF RZCOVERY AS A CLAIMANT UNDER THIS POLIC'v THE CITY OF HUNTINGTON BEACH, IT'S OFFICERS AND EMPLOYEES AND AGENTS • • UCA 258 This endorsement is apart of your policy and takes effect on the effective date of your policy, unless another effec tive date is shown below Must Be Completed Complete Only Whert Thu Endorsernenr Is Hot Prepared wifit the Policy Or Is Nor to be Effet'rtve WWI the Policy ENM NO POLICY NO. ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT BUA1030116807 C T & F , INC 10-28-96 ❑ Continenul Casualty Campacy (� Transportation Insurance Company C-WS{lB COM-- r ❑ AmOrrcan Casuaity Company of Reading Ps ±: ❑ Natlonai Fin Insuura_nca Comgan�o! trt�_�ord j ❑ VaGey Forge Insursnce CampanT ❑ Tran=nhmn 3i Insurance Cam9anr C Countersigned by trtonzed ReOrosenlaUve RICHARD S MCELVANY i - - CNA POLICY 1 ER CO 1030954027 For All the Comm tmert4 Y a Make NAMED IN D C T & F , INC • THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (called additional insured) whom you are required to add as an additional insured on this policy under 1 A written contract or agreement or 2 An oral agreement or contract where a certificate of insurance showing that person or organization as an additional _ insured has been issued but the written or oral contract or agreement must be (a) currently in effect or becoming effective during the term of this policy and (b) executed prior to the bodily injury "property damage personal injury or advertising injury The insurance provided to the additional insured is limited as follows 1 That person or organization is only an additional insured with respect to liability arising out of • a Premises you own rent lease or occupy or b Your work for that additional insured by or for you 2 The limits of insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations for this policy whichever are less These limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations The insurance provided to the additional insured does not apply to bodily injury property damage personal injury or advertising injury arising out of an architects engineers or surveyors rendering of or failure to render any professional services including 1 The preparing approving or failing to prepare or approve maps drawings opinions reports surveys change - -- oraers design or specifications and - - - - 2 Supervisory inspection or engineering services Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary excess contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis THIS ENDORSEMENT IS A PART OF YOUR POLICY AND TAKES EFFECT ON THE EFFECTIVE DATE OF YOUR POLICY UNLESS ANOTHER EFFECTIVE DATE IS SHOWN BELOW POLICY CHANGE NO EFFECTIVE DATE OF THIS POLICY CHANGE 1 1 10-28-96 COUNTERSIGNED DATE I RICHHO�RI�i//MC��Vi/IC TIVE 10-28-96 G 17967 B (ED 09192) LABOR AND nERIAL PAYMENT BON AETVA CASU* & SURETY COMPANY OF AMERICA HaMord, Connecticut 06156 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS 86SB101059374BCM $369 00 that C T & F ,INC A CORPORATION, 7228 SCOUT AVENUE, BELL GARDENS, CA 90201 (Here insert full name and address or legal title of Contractor) as Principal hereinafter called Principal and AETNA CASUALTY & SURETY COMPANY OF AMERICA of Hartford Connecticut a corporation duly organized under the laws of the State of Connecticut as Surety hereinafter called Surety are held firmly bound unto CITY OF HUNTINGTON BEACH, 2000 MAIN STREET, PO BOX 190, HUNTINGTON BEACH CA 92648 (Here insert full name and address or legal title of Owner) as Obligee hereinafter called Owner for the use and benefit of claimants as hereinbelow defined in the amount of FIFTY NINE THOUSAND NINE HUNDRED THIRTY SIX DOLLARS AND NO/100--------------------------------- ------------------------------------------------------ 13ollars(f$59,936 00--------) (Here Insert a sum equal to at least one half of the contract price) for the payment whereof Principal and Surety bind themselves their heirs executors administrators successors and assigns Jointly and severally firmly by these presents WHEREAS Principal has by written agreement dated November 27, 19 96 entered into a contract with Owner for TRAFFIC SIGNAL INSTALLATION AT FLORIDA STREET AND GARFIELD AVENUE CC-1025 in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof and is hereinafter referred to as the Contract NOW THEREFORE THE CONDITION OF THIS OBLIGATION Is such that if Proc pal shall promptly make payment to all cla me is as he a naller def ed for ail labo a d mate lal used or reasonably equ ed for use In the perfo manta of the Contract then th a obi gat on shall be o d otherw se it shall rema n n full force and effect s blect howe er to the follow g cond tions 1 A cia mant Is def ned as one hav ng a direct contract w th the Pr nc pal or wrth a Subcontractor of the Principal for labor material or both used or reasonably required for use In the performance of the Contract labor and material be ng construed to i ci de that part of water gas power I ght heat of gasol ne telephone service or rental of equ pmenl d ectly appl cable to the Contract 2 The abo a named Pr nc pal and Surety he etry jointly and severally agree with the Owner that every cla mant as herein defined who has not been paid In full before the expi ation of a period of n nety (90) days after the date on which the last of such claimants work or labor was done or performed or materials were furnished by such cla me t may sue on this bond for the use of such claimant prosecute the suit to final judgment for such sum or sums as may be justly due cla mant and have a ecutlon thereon The Owner shell not be Iable for the payment of any costs or expenses of any such suit 3 No suit or act on shall be commenced hereunde by any claimant a) Unless cla mant other than one hav ng a d rect contract w th the P inc pal shall he a given written not ce to any two of the follow rig the P nc pal the Owner or the Surety above named within n nety (90) days after such claimant did or performed the last of the work or labor or turn shed the last of the mafenals for wh ch sa d cla m is made stat ng with substant at accu acy the Signed and sealed this 18 th day of December (Witness) amount claimed and the name of the party to whom the materials were turn shed or for whom the wo k o labor was done o performed Such notice shall be served by me ling the same by reg sie ed ma I or certified ma I postage preps d In an envelope addressed to the Pri c pal Owner or Su ety at any place whe a an off ce Is egularly me nta ned for the transaction of bus ness or served In any manner In which legal process may be served In the state In which the aforesa d protect Is located sa a that such service need not be made by a public officer b) After the exp atlon of one (1) year follow ng the dale on which Princ pal ceased Work on sad Contract d be ng understood howe er that I any I mdat on embodied in this bond Is proh bled by any law cont oiling the construction hereof such lim talion shell be deemed to be amended so as to be equal to the minimum period of Ian tatlon permitted by such law c) Other than in a state court of competent jur sd ct on in and for the country or other pol ticaf subd vision of the state in which the Project or any part thereof Is situated or In the United States District Court for the district In which the Project or any pert thereof Is situated and not elsewhere 4 The amount of th s bond shall be reduced by and to the extent of any payment or payments made In good fa th hereunder inclusive of the payment by Surety of mechanics I ens wh ch may be I led of record aga nst sa d impro ement whether or not claim for the amount of such I an be presented under and against this bond �19 C r & F ,IW A CORPORATION (Principal) (Seal) (Title) NA C ALTY RETY COMPANY OF AMERICA r (Witness) By — Richa d S cElvany Attomay i tact Printed in cooperation with the American Institute of Architects (AIA) by Aetna Casualty & Surety Company of America The language Ir1 this document conforms exactly to the language used In AIA Document A311 February 1970 edition S 1870 E 3 (2 95) Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGIVIEUT State of County of ems/,,_5 / On ��' f�- 9.1 before me Date Name and TrD6 of Off (e g Jane Notary Public ) personally appeared Name(s) of S gner(s) Xpersonally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) MATTHEW A BOYDFN or the entity upon behalf of which the person(s) acted 1054CAA executed the instrument COMM � z _a N OS ANGELMy COUNTY i r My Ccmm Expi W APR 2 1999 WITNESS my hand and official seal S grifture of Notary Public i OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer s Name LE El El Ej El Individual Corporate Officer Title(s) Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of Signer s Name ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner — ❑ Limited ❑ Attorney in Fact ❑ General ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing RIGHT.THUMSPRINT. OF SIGNER'. '. " .p of thumb here 0 1994 National Notary Assoc ation 8236 Remmet A e PO Box 7184 Canoga Park CA 91309 7184 Prod No 5907 Reorder Call Toll Free 1 800 876 6827 • %'VALCTORNIA ALL PURPOSE ACKNOWLEDGMENT State of California Countyof San Bernardino On December 18, Date personally appeared Name(s) of S gner(s) -J personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person whose names) isle subscribed to the within Instrument and acknowledged to me that he/3 PWc executed the same in hlS MiKauthorized capacity() and that by hlsRi&?1PWk signature(i� on the Instrument the person(3-) or the entity upon behalf of which the person() acted executed the Instrument ALICE r I CHE703„K ) ^+ o(ah NO sa, 1 T WITNESS m hand and official seal Y � � 3 fVOTrFY PUS IC CAL+i"f'41A u �� Ste/ SASS BLrnrHuINJCOrrTf L, keY CO2A?r EyrI S 1u+tE '; 1"91 C' 11 S gnatu a of Notary Pub[ c OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document 86SB101059374BCM Document Date December 18, 1996 _ _ _ Number of Pages 1 Signer(s) Other Than Named Above 1996 _ oefore me Alice M Cherbak, Notary PUblic Name a d Trtle of Off cer (e g Jane Doe NotaryPubl c") Richard S McElvany Capacity(1es) Claimed by Signer(s) Signers Name Richard S McElvany ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner — ❑ Limited ❑ General 29 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Top of thumb here Signer Is Representing Aetna Casualty & Surety Company of America Signer s Name ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Top of thumb here Signer Is Representing © 1994 Nat onal Notary Assoc at on 8236 Remmet A e P 0 So 7184 Canoga Park CA 91309 7164 Prod No 5907 Reo de Call Toll Free 1 800 876 6827 Hartford —Car (�`Icut 06156 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) IN FACT KNOWALLMEN aYTTSGSIPRESIMM THAT AETNAGA.CUAkTY6SUREIYCOWAHTOFAMEftC,.•torpor don dpiyorganLa9durwW1.f4la..>t of the State of Conn.nleut. and having ice pnrsoloal oRkM n 1M City of Hanford. County of Hanford Seta of Connecatut. hain made ransntuled and atrpow*sd.err""bylhwprewnomate, conatfiuuand appoint Richard S MCElvarly &ennech E McElvaoy or EIaLnes Abboct - - Of O n C a c L o CA la true -red lawful AnernoTl N-ln-F-A. wnh lull pow- and Author" bwovy o l-.d to vgn. s-cuLs and s%knawt.dga, t any puce wuhln the United Stacey. oe T the foltowklg ILr. be IY)od In -th- the ae" then chalet no ud the folww" wmuvmenrtsl by foamy %*M Siignatwe and act any and all bonds, ategnuaneea cantrttets of ndemnlcy and off, -f untie obliguvry n th Btu a of a bond, .wgn,rarscs, or cord"honal ",donadnp and any and all wnmots nvdems thereto anti tobhldAETNACAWAtTYiSURE" COMPANY OPAMEA"thwebyesfallyv.dtotheoneextant-dthe "me wwselgrodbythea W "t.-faadvrnser erf ACrNACASUALTY&SUliMCOWANYOFAMVUrA nd.11 the acts o/sa rdwnorn.y(al4n-Fact ptw3v-ttath autharlry hwven yfvon we 1ts.sby rstlfled and Con(tnneri This sovanw-M S +reads under ami by w.anorlty, of Ine fg Nowrng ,atanoing r7awluiwna of sad Corrverty whKh Rawludons a a now n run tore• and deer VOTER Thw eb h of tits folfoyd g ornesn. Cholrrnart vtoa Chairman. P astdent Any Exaeudve Vice Prsardsnl. Any G ohrp Exaarthn Any S nor Vln PmwQaM. Any V-ce Preatdent Any Assntanr lies Preeldont A" S er.tary Any Aevwtant Seersury may f om time so t me appo nt Rastdarx Vice Prapdanet, Resident F-*attain Swauries Anamaye-ttrFom and Agents I -t to and on behalf of the Company and may give ny with .ppmntoe such autowlev - his caetirkele of -Ownty may prroa by to .qn . Lft the Company -nu LP4 Beal with in Comps r 3• 1 bolde rttoogfln+wtc.., mntraua di lrh6sn,nty and ouw( ongs l"icsfy In trio nw%xm f a bend, raeogn"m o and aortal no noting and .-f of and *aXwo or lhv Board df C4ncton m y I all" arnove ny "ll aoocintse and evota the pewM arra w a ty g n him or her VOTRT)-Th o(trtdemrdry orwrltkrgobtgruorytntten4Kurso(alwn4reetrgnitanca o condlonalundenaaing Shall be vtlld er.d b.dang pon the Company wh n (al Blgrnd by the Chakmsn the V- � ChalrmwL Ine Preetd nr, n Ex&s:.tive Vke Preatd.nt a Group Exoc"u . a Sanity Vice Prsehdem. a Vka Pnerdl-c en ASsiaunt V cm Prwvdenl or by a Paerdott Yo PrssulenL pursuant to the pow. prtecnbsd on the canlficela of uLho(iry of fueh Rerdwtt vka President and duty sir and and *soled wnh Ins Company s red try S.rts wy or ASAMME SscrMry oeby a Rfaident Aearatant Secrsury pW"nt to the poser prew bed the ConlrW-mg of author ry of sutn Resident Afaritant Saaacwyor(bIduhr-Ammadfundurseal 1regWradlbyohevrr Anorntys-In-FaUpursuenttothe power prwKnbadnfugwtheir can IKale or r rl fKAW* of sudtonry TT1i Power of Ante rrwy .red CAMA"ts of Aar b'efdY (AN (/nN end e`aled Is y fe"i"wila under .red by rt hernY e/ w (ollewsrq Sltw.dnA Rol lion vo ad by lily eeerd of ubwtwa of AETNA CASUALTY a SUR.ET T COMPANY Of AJMER111k -Mitre Re"udon Is vow to hal (aft* and off cr YOTEO' That ttm ahgnature of each I Eta foliesying cKlcvm Cnawmm Vka chwnnan rresldent Any Essculrvs V'tee President Any Grew Easorlt.s Arry S,orlior Yta Prsitdeew, Any VIM Pryerdent. Any Aasiotant YKo Pr.udonLAny, Secrstery Any ASA Star Sacn"ahy nd th al of the Co 4-" rney be affixed by f.carrut. to any pv.rw of norrh.y W to a^Y Mri cleat. stet nC tnnato oppat^ung R sA nI Vice PreflWn A—d. t AsdatancSocrsian.aerAnemayy-In-Fad for purpoasa aNy of ecuonq had accessing PonWand.r.~ r4I and vih .nt psodrvstorylntno ,star lhr vo4 red any such po"r of beam aY Or corgfkw b.anng etrcn f.mlrml vgn.tuesa fsakm+e seal n it be slid area binoing upon n CohoamtensWry euchpow arsooxecutedand c.rslr""suchEvcuml.signal tv"fecprnd seal hallbovoMosrWil dwq ponfheCompany n pre hrwre ynth reapaet to gpy bond or unwwvdrtg to whim rt fa artecried. IN VflTNE= WKEKEOF ^CMA CA=UALTY a SURETY CIAWANf OF AINERICA nos caused this nsuumenc lv be .gn.d try its Vic M1 aleent •red ru CWperoal aw w bs taro mxad infu 3rd day of tf o v e to b e r ly9 5 AFTNA A .TY St SURETY COANY OF AMERICA Srais of Cannaukvt � l} a& Hanford County of Hertford I Vice nt On lhm 3rd day, of November to 95 before me pwwonedly anos GEOROE W THOMP%O1a to me Itnown who Wog bnr ins duff swom side depom and ser thel twang Ia Vice Pr-"-t of AETNA CASUALTY a SutterETT COWANY OF AMTRIC-A, Is mtO0rwhen ooKYlllad 41 and vANCn .aecutad the above In.trument. that IV/ahe tnpws cc a Baal of alatd Cerbdration that the seat of fixed to the tad uelrhwr,.nt 4 drill corpora Ss*L and th t MwWw exeWled the seed notnsmenl on behalf of Ism co PwaNOn by evMWr IV I h Irf,e oil unuef the SaAA" Aaaohrtwrte # wwf "hr. c~ Ny m.,n.ircn sy.w Mwwaa. 34 I"d Nvh y ^At !M►aslind R Cad.so CFRTI RCATE 1, he ,a,d.. agreed. A-,Wlt Ie Seer tart' bf ALTNA CAS UALTY a SuaETY COMPANY OF AAgfUCA a rides Cw9ac-Tson of rho Su to a(Corv+.cs,eut oo HERE" CERTIFY UMA he Iwsa uirp and anacfhed Paver of Aral rrwY and t..rpfcarta f Aut OmV rsntosv, to fuY fora• and had not boon revetrad. and furtlwmarR lyre the Slarndrrlg Rtrsvk,trorn of Vile 6o.rd d Olnctnrs. ere sat Fenn n tha CanXs;"a oI Autf+vnty ors row rn form Sighed and Sysfod et the Hems OMM 0( pre Company In the Gry of Hyn(orC. Stag of Conrwavart ootod ""a 1 8 t h dor of December 1' 96 '^ r Pisa Con.etJrt }+ itlMl sw rotary S-IUS (T 751 PERFORMASE BOND AETNA CASUW & SURETY COMPANY OF AMERICA Hartford, Connecticut 06156 KNOW ALL MEN BY THESE PRESENTS Bond No 86SB101059374BCM $369 00 that C T & F ,INC A CORPORATION, 7228 SCOUT AVENUE, BELL GARDENS, CA 90201 (Here insert full name and address or legal title of Contractor) as Principal hereinafter called Contractor and AETNA CASUALTY & SURETY COMPANY OF AMERICA of Hartford Connecticut a corporation duly organized under the laws of the State of Connecticut as Surety hereinafter called Surety are held firmly bound unto CITY OF HUNTINGTON BEACH, 2000 MAIN STREET, PO BOX 190, HUNTINGTON BEACH, CA 92648 (Here Insert full name and address or legal title of Owner) as Obligee hereinafter called Owner mtheamountof FIFTY NINE THOUSAND NINE HUNDRED THIRTY SIX AND NO/100--------------------bollars (s 59,936 00------) for the payment whereof Contractors and Surety bind themselves their heirs executors administrators successors and assigns jointly and severally firmly by these presents WHEREAS Contractor has by written agreement dated November 27 19 9 6 entered into a contract with Owner for TRAFFIC SIGNAL INSTALLATION AT FLORIDA STREET AND GARFIELD AVENUE CC-1025 in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof and is hereinafter referred to as the Contract NOW THEREFORE THE CONDITION OF THIS OBLIGATION is such that if Contractor shall promptly and faithfully perform said Contract then this obligation shall be null and void otherwise it shall remain in full force and effect The Surety hereby waives notice of any alteration or extension of time made by the Owner Whenever Contractor shall be and declared by Owner to be in default under the Contract the Owner having performed Owners obligations thereunder the Surety may promptly remedy the default or shall promptly 1) Complete the Contract in accordance with its terms and conditions or 2) Obtain a bid or bids for completing the Contract in accordance with Its terms and conditions and upon determination by Surety of the lowest responsiole bidder or if the Owner elects upon determination by the Owner and the Surety jointly of the lowest responsible bidder arrange for Signed and sealed this 1 8 th day of December I (Witness) (Witness) a contract between such bidder and Owner and make available as Workl progresses (even though there should be a default or a succession off defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of, the contract price but not exceeding including other costs and damages for which the Surety may be liable hereunder the amount set forth in the f rst paragraph hereof The term balance of the contract pnce as used in this paragraph shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto less the amount propel paid by Owner to Contractor Any suit under this bond must be insLituted before the expiration of two (2) years from the date on which final payment under the Contract falls due ' No right of action shall accrue on this bond to or for the use of any person of corporation other than the Owner named herein or the heirs executorsl administrators or -successors of the Owner I By 19 96 C T & F , INCZA CORPORATION a (Pnnapal) (Sear ' (Title AET CASUALTY & SURETY COMPANY OF AMERIC) 1 Attorney 1 1 -a( Richard S McElvany Printed In cooperation with the American Institute of Architects (AIA) by Aetna Casualty & Surety Company of America The language in in s document conforms exactly to the language used in AIA Document A311 February 1970 edition S 1870 E 2 (2 95) Page 1 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of r�A/J`o%r a County of 4,e/S On /a -%/I'-lae before me ° Date Name and Tale Oflx:er (e g Jane Doe N ary Pubic ) personally appeared ,�., ��_ S.°r,-,..y0 1 s Names) of S gner(s) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by MATrHEhis/her/their signature(s) on the Instrument the person(s) COMM A M4546BOYDEor the entity upon behalf of which the person(s) s acted � COMM a 10645A6 Y P P ( ) QP.Notary PUMc - Califoa executed the Instrument LOS ANGELES COUNTY rni y Ccmr1 Explres APR 2 1999 WITNESS my hand and official seal Sig re of Notary Public OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signers Name B Individual Corporate Officer Title(s) Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing RIGHT THUMSPRINT OF SIGNER of thumb here Signer s Name e Is Number of Pages Individual Corporate Officer Title(s) Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing RIGHT THUMBPRINT OF SIGNER: of thumb here 0 1994 National Notary Assocrabon 8236 Remmet Ave PO Box 71114 Canoga Park CA 91309 7184 Prod No 5907 Reorder Call Toll Free 1 800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof San Bernardino On December 18, 1996 oefore me Alice M Cherbak, Notary PUblic Date Name and Title of Ott cer (e g Jane Doe Notary Publ c ) personally appeared Richard S McElvany Name(s) of S gner(s) personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person whose name() isMilb subscribed to the within instrument and acknowledged to me that he/ P* executed the same in his, MM?;authonzed capacity() and that by hiSR MPRfr signature(s' on the instrument the person(3{) or the entity upon behalf of which the person(6) acted executed the instrument ALICC r i CI-,E!DGP„K ) 1 GGn iU �7j 7 C kOTA R7 NUa IC ( LIF �Ft t41A z WITNESS my hand and official seal Yw SAN Brk*i moiNo Co►, rt, O EIfY CCt<,! EXr^Ins„ JilhE b 1C47 S gnatu a of Notary Publ c OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document 86SB101059374BCM Document Date December 18, 1996 Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signers Name Richard S McElvany ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner — ❑ Limited ❑ General �S Attorney in Fact ❑ Trustee 11.11621* ❑ Guardian or Conservator ❑ Other Top of thumb here Signer Is Representing Aetna Casualty & Surety Company of America Number of Pages 1 Signers Name ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee O Guardian or Conservator aimllejelz ❑ Other I Top of thumb here Signer Is Representing m 1994 Nat o al Notary Assoc at o 8236 Remmet A e P O Box 7184 Canoga Park CA 91309 7184 P od No 5907 Reo der Call Toll F ee 1 800 876 6827 Hartford CO, ec ticut Oral% POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) IN FACT KNOW ALLMEN5YTNESIPftMhIfT TNATACT?4ACAnLk TYdwREt'VOO PANYOfAMOUCA aeorW donduiyorgenya4undarthe lawa Of the Stave of ConnectkvC end hevmq,ts pAndioal offlcs nth* Cry of Hartford. County of Herlfard State o(Co necacut haln mach consmuted and opparwed, and Goes by these preeance mats, wnarltuto and appoint R i c h a r d S M C E l v a n y K e-a n e e h E McElvany or Elaine; AbboCt - - Of On Car i o CA Ica true rind 1—rul Anomey(N-infect, with full pvw end suihortry, her" eonler-d to sign. execute and nknowlerage, t any pieta wtlhln the Uhltad Slates. or T the folto+eMg line be Idled in irithm the eras than deekl. bled the follo•vrtp rrairvrMeAllill by ruyne sole slinorws and act. eny and all brardi_ aeorfnlsanees cantracr i of ndemnity and gth wt rings obligarwy n in w a of a oon0. "ro mwig, or cvnd r„nal undertaking and erry and all ganger" nvdems th rem a" to blr4 AETNA CASUALTY Jk SUFATY COMPANY OP AASE iC •. thereby eo fully e,.d is l he same extent i a d M sa m e wen of tined by the a IV owti dill vineArn of ACTNA CASUALTY& SURM COWANY OFAMERIGA end aL the acts wthorlty h.cwn given we I- -bV r>telned and Confirmed Thla aapantm.M s made t.nGer amJ tr'r suthonry al too faua+rriq .,can ding Aewlutwria of saA Cornptrmr which fmasoludon are now n full Iv,s• Arid fee[ VOTED- That aeh of me tolWrl g eMears. CheinTian Vice Chairman, P ovd nt Any Executive Vice P ►s+d.nt Any Grow Exacudve Any S mot Vice Pyrotdirw, Any V c Fina,danr, Any Aaoosmaur Kin Preald nt Any S cftu y Any Asoiave i Siocrutary may I am time a i me appo nt Ra6deM Yice Prseidsnle, Psebaret F-aaNtang Sevetarise AVameye,,n-Fret', and Agents I act le a don behalf or sine Company anA mrytin y such aPpa-t*e A c: m sirfhcrky K his card5we of suEnwerty may preen be to iqn w-Ah ihor Company snare and goal wiM the Campnny ifs I bonds endo(lierwtlrmya ollgatory In ins nMure ofaDond, recognk sec a ondbonol nd noting and erry of "bfitci rm or the Hoard of OireclOrISlei y t ny tkM emov• y uch appolniae arp evoke th pawor and au tY q n him of nor VQTVT) Th tarry bonict rw oytwaftm connect of lnder"?Jry ocwtltkg obi gatoey in Eha naturg o(a bond racognitarlco o cond t -t l undenatinq shall be valid end bridinq pan the Company when lei slgried by ins Crtakmen tha V ca Chalrm6Mjh* Pr*vc% let n Exacutive Vke Pngrdent e Grwp Exxtx, r a Sam, Vks Presmeant a Ykg Pteerd rrt .n Assimten( V co 11mvideni a by a Poardont %r— Preazuent pursuant to the Powe preacnbed ut too cerufluu of ruthorfty Ot lych Reedant Yke Pteebent and d ty stnmd end 7eo4d with ins Company s oval by SoeretarY or Asgi,TwE Secretory w by a RaaidentAcaaar4 Sacnury puissant to the power ptescribod n rho c rtinams of suumor ry of %urn Resident Assistant Socetaey-txlblBuhraraet+tadltw•towspl fragWradlbygnew,rn+eAnorr»ye-IrrFaupursuantEn, the power prw*cnbad nhnortneircenticai or cemricates of eudmoeiry 7'n4t*otinrstAstarneit...dCartfRe+reolAui6o.,eyt.gl�nwottda.ai.dbyteearwmgetrndR.,+dby utnartryolir.otoYawr.gstan�rprtaael tlett voted by tho ovoid el oUwtoro of AETTIA CASUALTY i SURETY COMPANY OP AMERtCA. -thlch Regelutfen I avy to hull force and Of ce YOTED, Them tie signature of each f the fdltewing gfflcv - Chauman, Vice Che,rr-in t rssidant Any Ex.cuuve vice ProoiWnt "Grvcp Esecul"Arhr Senior Y•,ce Preadene, Any Vice Pry•xSem. Any Aseiaranl Vice Pre«dont MY SoorsnlrY Any Asa.stam SKr ry d1h eatolthe ComponY "be anted by fatsrrvle to any power of norney a t0 arty cart nisi relat nq tharero gppouwng R s,d let YtceProsti3onm Raarde I Asaistartt Secntan.aerAnorneyrltrFeGforputpo6"ardyd•aer3+brq andattMdnq Wrida and undeRaidngl end OW .let gsodrgalorylntns --Iw thereof nd arty swch powervf aanmoy or cm fkat bearing girth (aCgkrul s,9mKure or laesknde wl n rib* slid ■rd binding upon h Companv @,natty ouch pe.rrweaecvtsd rondceMfied try suettfecsim k signature and localmda sal shag bovsfd and b dxiq upon the Company n ttie fu4+r. w+th nee boa to airy bond or undenta tltaq io wh,e}7 n fa aaarnd IN WTTNE= WHEREOF AETNA CASUALTY lk SURETY COJWANY OF A 4CF%ICA has a sed this nurumom to o. signed by its VXa Preslhnt. and As e wporeot seal to be tsanto Mxad thin 3rd day of November 1395 � ANA raLTY 4 SUfiETY ANY OF AMEfilm'-A Srase of Canneukut � � hT ga. Man ford a� By County of Manton! eorq Vke nm On Elite 3rd dart, of November to 95 parole me lae,egnmly ortla OEOAOf W THOMMON to mile tno..n -no baing by sew duly rwanL did depose gttd set, the& Miens IS Viva Pr..ldenc of MTr4^ CASUALTY L SURcTr COMPANY OF AtAEtuca, h enrparatton drarctlbrad km and vrMah eadicuted moo above Insvvrrment ihee narehe knowo me se.l of good coraoretion that too soal antxed to too se+J uvd,u....nl to o cn cerporaw seal and theg he(are execuled the send uietrurMnt on tenet( of the ra P«gf.on by autAor n, 1 h sms It ■ vntmr the Sign" Resvkrtwrte tfterent I 4 a '^+s gin' co+.n+vrw .a/n'er Me�wi4r 30. 1"a n41.n P-4- Re1elJnd Rcbuhlbis CERTIFICATE L ,ha underdgned, A-Lnam Seor uoy of AR1TY1 CASUALTY i A'ua&ETY t OeM ANY OF AAI"JCA a gtoct corvornlon d the S u1e of Corin.C+tvl Im m1EAEDY LTaf4YFY diet too (oreq%AM ercd arsarhe,d P. I Argo rtr.Y and Cora F.Eo .1 Authonry rgn,rcn m fuli force srid n r non been revokeim and fUntu rnwre, that the Slandtny Resolunarma of mho Soord of 0 raciwt as sn loah M the CartiTicale of Authorsry are now In force Signed ana Seeded et the Home O(ilco or this Company In t1N Ory of HeAtaa State of Connect,dul• Osted 946 1 8 t h dN eN December is 96 4 1 a ~ fJy 0 f` M e. G.nu evert AaaVIM1 $ecr Ia•7 5-71L35 a 151 CITY OF HUNTINGTON BEACH TO FROM SUBJECT DATE INTERDEPARTMENTAL COMMUNICATION Cash Contract File CC-1025 Jim Otterson Traffic Engineer , Tern Elliott Traffic Engineer Ass /te c REFERENCE CHECK, C T August 6 1996 Contractors license No 182572 C-10 is current and active City of Los Angeles DPW City of Los Angeles DPW Los Angeles County QUESTIONS Name Ernie Aldover Name Phil Reed DPW Phone (213) 237 0276 Phone (213) 847 6403 Name Bob Geysel Phone 818 458 3122 1 Did the contractor work well Yes Yes Yes with your agency? 2 Did they change personnel No Yes Don t know during thejob? 3 Were there any problems with No No Don t know subcontractors or suppliers (Stop Notices 4 Did general and Yes Yes Yes subcontractors work consistently on the project? 5 Was the project completed on Yes Yes No time? 6 How was the quality of the Good Good Good work? 7 Would you hire this general Yes Yes Yes contractor again? 8 Comments Best street light Not as good as they used contractor Bids are to be Have to check on reasonable and change the prices for change orders are minimal orders but now they do it on Time and Materials basis PCDOCS 204450020445 01 11 • QUESTIONS CALTRANS City of Glendale Name H Amos Name Omar Abutaleb Phone 213 749 7246 Phone 818 548 3960 1 Did the contractor work well with your Yes Yes agency? 2 Did they change personnel during the No No ob? 3 Were there any problems with No No subcontractors or suppliers (Stop Notices 4 Did general and subcontractors work Yes Yes consistently on the project? 5 Was the project completed on time? Yes No manufacturer was late in delivering poles 6 How was the quality of the work? Excellent Good 7 Would you hire this general contractor Yes Yes again? g Comments Largest Signal and Street Lighting Contractor in LA Count PCDOCS 20445 'J/ UO/9 7 ka-4.1 11 Arw F,c�*IN , - � O P U3 R QUEST O C6UNCIL ACTI_ &ter- ga,,, . MEETING DATE November 18, 1996 b DEPARTMENT ID NUMBER PW 96-046 C44 c6,0�2t� 4 ,ass CB 4akp Council/Agency Meeting Held // 9 600 SS Deferred/Continued to ` WApproved Con itionally ppro ed ❑ Denied City Clerk s Sig tune &- Council Meeting Date November 18 1996 Department ID Number PW 96 046 REQUEST FOR COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY MICHAEL T UBERUAGA City AdministratorN A— ��Ulll-,_- PREPARED BY LES M JONES II Director of Public Works`" DAVID C BIGGS Director of Economic Develo e T- SUBJECT Traffic Signal Installation at Florida Street and Garfield Avenue CC-1025 AWARD Hatement:of Issue Funding Source Recommended Action Alternative Action Analysis En`viiro_ tpental Status Attachment(s) Statement of Issue On May 6 1996 the City Council authorized a call for bids for the Traffic Signal Installation at Florida Street and Garfield Avenue CC 1025 Before the protect can proceed City Council must approve the recommended action below Funding Source The funds for the protect are in the Community Development Block Grant accounts E HN ED 845 6 32 33 ($25 981) E HO ED 845 6 32 00 ($79 019) and E HP ED 845 6 32 00 ($30 929) for a protect total of $135 929 Recommended Action 1 Accept the second low bid submitted by C T & F Inc for the Traffic Signal Installation at Florida Street and Garfield Avenue 2 Approve and authorize execution by the Mayor and the City Clerk the construction contract between the City of Huntington Beach and C T &F Inc in the amount of $59 936 for the Traffic Signal Installation at Florida and Garfield Avenue 3 Authorize the Director of Public Works to expend a total of $135 929 which includes the contract cost of $59 936 estimated construction change orders $5 993 and $70 000 in anticipated supplemental expenditures 4 Accept and authorize execution by the Mayor and the City Clerk of the Easement Deed between the City and Hiroyasu Nakano Marusan U S A Alternative Action(s) 1 Deny the award of the contract to C T & F Inc and select one of 'he other res 2 Reject all bids and direct staff on how to pursue the protect 3 Do not accept the Easement Deed nsiv 5idder �\ V� V 0021813 01 t I � 11/06/96 3 38 PM 't RQUEST FOR COUNCIL ACTIN MEETING DATE November 18, 1996 DEPARTMENT ID NUMBER PW 96-046 Analysis On May 6 1996 the Council approved the plans and specifications for the Traffic Signal Installation at Florida Street and Garfield Avenue project and authorized the Director of Public Works to solicit bids for construction The project is one activity described in the Action Plans for the City s Consolidated Plan 1995-2000 using the Community Development Block Grant Funding Program The project costs are as follows Contract Amount *Project Change Orders **Project Supplementals TOTAL $59 936 5 993 70,000 $135 929 *Resolution Number 4896 authorizes the Director of Public Works to spend up to 10% of the contract amount for possible change orders Council must authorize change order requests exceeding $50 000 Examples of change orders include changes in field conditions errors in the plans changed governmental requirements or unforeseen work **Examples of supplementals include required city furnished traffic signal poles electrical service pedestal signal indications for vehicles and pedestrians soil/concrete testing utility hook ups or items required but not part of the contractor's contract e g special informational signs The lowest bidder Countywide Lighting Installation Inc did not comply with the proposal in regards to providing three references within the past two years from three public agencies for performing similar work Bids as summarized below were received and opened on June 26 1996 CONTRACTOR BIDS Countywide Lighting Installation Inc $59 000 CT & F 59 936 Baxter Griffin Company 65 678 DBX Inc 66 950 Computer Service Company 70 134 An easement to allow construction of an Americans With Disabilities Act (ADA) - compliant access ramp has been provided by the adjacent property owner This easement was graciously provided at no cost to the City by the property owner Environmental Status This project is categorically exempt pursuant to the California Environmental Quality Act Section 15301(c) 0021813 01 2 11/06/96 3 04 PM R�QUEST FOR COUNCIL ACTIR MEETING DATE November 18, 1996 DEPARTMENT ID NUMBER PW 96-046 1 Reference Check for C T & F 2 Easement Deed 3 Legal Description MTU/LMJ/REE/JDO/tae �D 0021813 01 3 11/06/96 3 02 PM SAMPLE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TRAFFIC SIGNAL INSTALLATION AT FLORIDA STREET AND GARFIELD AVENUE THIS AGREEMENT is made and entered into on this day of 19 by and between the CITY OF HUNTINGTON BEACH a Municipal Corporation of the State of California hereinafter referred to as CITY " and a hereinafter referred to as CONTRACTOR WHEREAS CITY solicited bids for a Public Works project hereinafter referred to as PROJECT ' more fully described as traffic signal installation at Florida Street and Garfield Avenue in the City of Huntington Beach California and The PROJECT to which the construction work covered by this contract pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance Housing and Urban Development Act of 1968 as amended in 1992 Section 3 Title 24 Code of the Federal Regulations Part 135 Economic Opportunities for Low- and Very Low - Income Persons Section 3 contract clauses the work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 as amended 12 U S C 1701 u (section 3) The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3 shall to the greatest extent feasible be directed to low- and 1 SAMPLE 3/K/FLORIDA/1 1 /12/96 very low-income persons particularly persons who are recipients of HUD assistance for housing and CONTRACTOR has been selected and is to perform said work NOW THEREFORE in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows STATEMENT OF WORK, ACCEPTANCE OF RISK The parties to this contract agree to comply with HUD s regulations in 24 CFR part 135 which implement Section 3 As evidenced by their execution of this contract the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding if any a notice advising the labor organization or worker's representative of the CONTRACTOR s commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and ,iemployment positions can see the notice The notice shall describe the Section 3 preference +shall set forth minimum number and job titles subject to hire availability of apprenticeship and training positions the qualifications for each and the name and location of the persons taking applications for each of the positions and the anticipated date the work shall begin CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135 and agrees to take appropriate action as provided in an applicable provision of the subcontract or in this Section 3 clause upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135 CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice 2 SAMPLE 3/K/F L O R I DA/ 11/12/96 r T • 0 or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135 CONTRACTOR will certify that any vacant employment positions including ,training positions that are filled (1) after the contractor is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR s obligations under 24 CFR part 135 CONTRACTOR agrees and understands that noncompliance with HUD s regulations in 24 CFR part 135 may result in sanctions termination of this contract for default and debarment or suspension from future HUD assisted contracts and With respect to work performed in connection with Section 3 covered Indian housing assistance Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U S C 450e) also applies to the work to be performed under this contract Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian owned Economic Enterprises Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible but in derogation of compliance with Section 7(b) CONTRACTOR shall furnish at its own expense all labor plant tools equipment supplies transportation utilities and all other items services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project during its progress or prior to acceptance from the action of the 3 SAMPLE 3/K/FLORIDA/1 1/12/96 elements from any unforeseen difficulties which may anse or be encountered in the prosecution of work and for all other risks of any description connected with the work including but not limited to all expenses incurred by or in consequence of the suspension or discontinuance of work except such as are herein expressly stipulated to be borne by CITY and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed in accordance with the stipulated prices named in the Bid Sheet(s) ' 2 ACCEPTANCE OF CONDITIONS OF WORK, PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all of the terms conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) the location of the Job site and the conditions under which the work is to be performed and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY It is agreed that the Contract Documents are incorporated into this Agreement by this reference with the same force and effect as if the same were set forth at length herein and that CONTRACTOR and its subcontractors if any shall be bound by said Contract Documents insofar as they relate in part or in any way directly or indirectly to the work covered by this Agreement Contract Documents as defined herein mean and include A This Agreement 4 SAMPLE 3/K/FLOR IDA/1 1/12/96 • B Bonds covering the work herein agreed upon C The 1994 edition of Standard Specifications for Public Works Construction published by Builders News Inc 3055 Overland Avenue Los Angeles California 90034 and all amendments thereto written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee D Bid documents including the Notice Inviting Bids the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit 'A ) E The particular plans specifications special provisions and addenda applicable to the PROJECT Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications shall be of like effect as if indicated and mentioned in both In case of discrepancy between any plans specifications special provisions or addenda the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as DPW ) without whose decision said discrepancy shall not be adjusted by CONTRACTOR save only at its own risk and expense Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith 3 COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement subject to any additions or deductions made under the provisions of this Agreement or the contract documents a sum not to exceed 5 SAMPLE 3/K/FLORIDA/1 1/12/96 Dollars ($ ) as set forth in the Contract Documents to be paid as provided for by the terms and conditions of this Agreement 4 COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within calendar days from the execution of this Agreement by CITY excluding delays provided for herein 5 TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the contract Documents CONTRACTOR shall prepare and obtain approval as required by the contract Documents for all shop drawings details and samples and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the contract Documents CONTRACTOR shall coordinate its work with the work of all other contractors subcontractors and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors subcontractors and CITY forces and in general all matters concerning the timely and orderly conduct of the work on CONTRACTOR on the premises 6 SAMPLE 3/K/FLORIDA/1 1/12196 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the contract documents unless a change therefrom is authorized in writing by the DPW CONTRACTOR agrees to make any and all changes furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing Under no condition shall CONTRACTOR make any changes without the written order of the DPW and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in wnting by the DPW When directed to change the work CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change Should the DPW not agree to such cost proposal the work shall be performed according to the changes ordered in wnting by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pncing data submitted by the CONTRACTOR thereupon CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly 7 NOTICE TO PROCEED No work services material or equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued In the event of a delay in commencement of the work due to unavailability of the job site for any reason relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability 7 SAMPLE 3/K/FLORIDA/11 /12/96 d 8 BONDS CONTRACTOR shall prior to entering upon the performance of this Agreement furnish the following three bonds approved by the City Attorney One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY s acceptance thereof and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished 9 WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including but not limited to any installation fabrication material or structural facilities constructed CONTRACTOR within ten (10) days after notice by CITY of any defect in the work shall have the option to make appropriate repairs or replace the defective item or items Upon expiration of such ten (10) day period CITY may then make appropriate repair or replacement at CONTRACTOR s risk and expense 10 MINIMUM WAGES All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project) will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3) the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part 8 SAMPLE 3/K/FLORIDA/11 /12/96 s • hereof regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics Contributions made or costs reasonably anticupated for bona fide fringe benefits under Section 1(b)(2) of the Davis Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics subject to the provisions of 29 CFR 5 5(a)(1)(iv) also regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans funds or programs which cover the particular weekly period are deemed to be constructively made or incurred during such weekly period Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed without regard to skill except as provided in 29 CFR Part 5 5(a)(4) Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein Provided That the employer's payroll records accurately set forth the time spent in each classification in which work is performed The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5 5(a)(1)(ii) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it con be easily seen by the workers Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met (1) The work to be performed by the classification requested is not performed by a classification in the wage determination and 9 SAMPLE 3/K/FLORIDA/1 1/12/96 0 • (2) The classification is utilized in the area by the construction industry and (3) The proposed wage rate including any bona fide fringe benefits bears a reasonable relationship to the wage rates contained in the wage determination If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known) or their representatives and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate) a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division Employment Standards Administration U S Department of Labor Washington D C 20210 The Administrator or an authorized representative will approve modify or disapprove every additional classification action within 30 days of receipt and so advise HD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary (Approved by the Office of Management and Budget under OMB control number 1215-0140 ) In the event the CONTRACTOR the laborers or mechanics to be employed in the classification or their representatives and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate) HUD or its designee shall refer the questions including the views of all interested parties and the recommendation of HUD or its designee to the Administrator for determination The Administrator or an authorized representative will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary (Approved by the Office of Management and Budget under OMB Control Number 1215-0140 ) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph shall be paid to all workers 10 SAMPLE 3/K/FLOR I DA/11112/96 performing work in the classification under this contract from the first day on which work is performed in the classification Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof If the CONTRACTOR does not make payments to a trustee or other third person the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program Provided That the Secretary of Labor has found upon the written request of the CONTRACTOR that the applicable standards of the Davis Bacon Act have been met The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140 ) 11 PREVAILING WAGE LAW The CITY has ascertained from the U S Department of Housing and Urban Development ( HUD ) the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement and the same has been set forth by resolution on file in the office of the City Clerk of CITY CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement CONTRACTOR agrees to secure payment of compensation to every employee 11 SAMPLE 3/K/FLORI DA/11 /12/96 12 WITHHOLDING HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this contract or any other Federal contract with the same prime contractor or any other Federally -assisted contract subject to Davis Bacon prevailing wage requirements which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics including apprentices trainees and helpers employed by the CONTRACTOR or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic including any apprentice trainee or helper employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project) all or part of the wages required by the contract HUD or its designee may after written notice to the CONTRACTOR sponsor applicant or owner take such action as may be necessary to cause the suspension of any further payment advance or guarantee of funds until such violations have ceased HUD or its designee may after written notice to the CONTRACTOR disburse such amounts withheld for and on account of the CONTRACTOR or subcontractor to the respective employees to whom the are due The Comptroller General shall make such disbursements in the case of direct Davis Bacon Act contracts 13 HEALTH AND SAFETY No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary hazardous or dangerous to his health standards promulgated by the Secretary of Labor by regulation 12 SAMPLE 3/K/FLORIDA/1 1/12/96 0 • The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54 83 Stat 96) The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions 14 PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773 8 of the California Labor Code regarding the payment of travel and subsistence payments is applicable to this PROJECT 15 APPRENTICES AND TRAINEES Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U S Department of Labor Employment and Training Administration Bureau of Apprenticeship and Training or with a State Apprenticeship Agency recognized by the Bureau or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program who is not individually registered in the program but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice The allowable ratio of apprentices to joumeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program Any 13 SAMPLE 3/K/FLORIDA/11 /12/96 P 0 worker listed on a payroll at an apprentice wage rate who is not registered or otherwise employed as stated above shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed In addition any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed Where a contractor is performing construction on a project in a locality other than that in which its program is registered the ratios and wage rates (expressed in percentages of the journeyman s hourly rate) specified in the contractor's or subcontractor's registered program shall be observed Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice s level of progress expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program If the apprenticeship program does not specify fringe benefits apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification If the Administrator determines that a different practice prevails for the applicable apprentice classification fringes shall be paid in accordance with that determination In the event the Bureau of Apprenticeship and Training or a State Apprenticeship Agency recognized by the Bureau withdraws approval of an apprenticeship[ program the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved Trainees Except as provided in 29 CFR 5 16 trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval evidenced by formal certification by the U S Department of Labor Employment and Training 14 SAMPLE 3/K/FLORIDA/1 1/12/96 • • Administration The ratio of trainees to journeymen on the Job site shall not be greater than permitted under the plan approved by the Employment and Training Administration Every trainee must be paid at not less than the rate specified in the approved program for the trainee s level of progress expressed as a percentage of the Journeyman hourly rate specified in the applicable wage determination Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program If the trainee program does not mention fringe benefits trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding Journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed In addition any trainee performing work on the Job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed In the event the Employment and Training Administration withdraws approval of a training program the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved 16 PAYROLLS AND BASIC RECORDS Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of 15 SAMPLE 3/K/FLORIDA/1 1/12/96 the project) Such records shall contain the name address and social security number of each such worker his or her correct classification hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fnnge benefits or cash equivalents thereof of the types descnbed in Section 1(b)(2)(B) of the Davis Bacon Act) daily and weekly number of hours worked deductions made and actual wages paid Whenever the Secretary of Labor has found under 29 CFR 5 5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable that the plan or program is financially responsible and that the plan or program has been communicated in writing to the laborers or mechanics affected and records which show the costs anticipated or the actual cost incurred in providing such benefits CONTRACTORs employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees and the ratios and wage rates prescribed in the applicable programs (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017 ) The CONTRACTOR shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract but if the agency is not such a party the CONTRACTOR will submit the payrolls to the applicant sponsor or owner as the case may be for transmission to HUD or its designee The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5 5(a)(3)(i) This information may be submitted in any form desired Optional Form WH 347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029 005-00014-1) U S Government 16 SAMPLE 3/K/F L O R I DA/ 11/12/96 Printing Office Washington DC 20402 The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors (Approved by the Office of Management and Budget under OMB Control Number 1215-0149 ) Each payroll submitted shall be accompanied by a Statement of Compliance signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5 5(a)(3)(1) and that such information is correct and complete That each laborer or mechanic (including each helper apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned without rebate either directly or indirectly and that no deductions have been made either directly or indirectly from the full wages earned other than permissible deductions as set forth in 29 CFR Part 3 That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed as specified in the applicable wage determination incorporated into the contract The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the Statement of Compliance required by paragraph A 3 (ii)(b) of this section The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code The CONTRACTOR or subcontractor shall make the records required under paragraph A 3(1) of this section available for inspection copying or transcription by authorized 17 SAMPLE 3/K/FLORIDA/11 /12/96 E • representatives of HUD or its designee or the Department of Labor and shall permit such representatives to interview employees during working hours on the job If the CONTRACTOR or subcontractor fails to submit the required records or to make them available HUD or its designee may after written notice to CONTRACTOR sponsor applicant or owner take such action as may be necessary to cause the suspension of any further payment advance or guarantee of funds Furthermore failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 512 17 WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph 18 LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein damage will be sustained by CITY and that it is and would be impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay it is therefore agreed 18 SAMPLE 3/K/FLOR IDA/1 1/12/96 0 0 that CONTRACTOR will pay to CITY as liquidated damages and not as a penalty the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in section 4 herein which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons of such delay and CONTRACTOR agrees to pay said damages herein provided and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR including but not restricted to acts of God or of the public enemy fire floods epidemics quarantine restrictions stnkes unsuitable weather or delays of subcontractors due to such causes CONTRACTOR shall within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement) notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if in its Judgment the findings of fact thereon Justify the delay and the decision of the DPW shall be conclusive on the parties hereto Should CONTRACTOR be delayed in the prosecution or completion of the work by the act neglect or default of CITY or should CONTRACTOR be delayed waiting for matenals required by this Agreement to be furnished by CITY or by damage caused by fire or other casualty at the Job site for which CONTRACTOR is not responsible or by the combined action of the workers in nowise caused by or resulting from default or collusion on the part of CONTRACTOR or in the event of a lockout by CITY then the time herein fixed for the 19 SAMPLE 3/K/FLORIDA/1 1/12/96 J t completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay No claim for additional compensation or damages for delays irrespective of the cause thereof and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR 19 SUBCONTRACTS The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph 20 INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is and shall be acting at all times hereunder as an independent contractor and not as an employee of CITY CONTRACTOR shall secure at its expense and be responsible for any and all payment of income tax social security state disability insurance compensation unemployment compensation and other payroll deductions for CONTRACTOR and its officers agents and employees and all business licenses if any in connection with the PROJECT 21 DIFFERING SITE CONDITIONS (1) Notice The CONTRACTOR shall promptly and before such conditions are disturbed notify the DPW in writing of 20 SAMPLE 3/K/F LOR I DA/ 11112 / 96 i s (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents or (b) unknown physical conditions at the Job site of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement whether or not changed as a result of such conditions an equitable adjustment shall be made and the Agreement modified in writing accordingly (2) Time extension No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder provided however the time prescribed therefor may be extended by CITY 22 VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT in accordance with the plans and specifications Upon completion of the PROJECT if the actual quantities used are either more than or less than the quantities listed in the bid schedule the bid price shall prevail subject to the provisions of this section The DPW may at its sole discretion when warranted by the fact and circumstances order an equitable adjustment upwards or downwards in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this 21 SAMPLE 3/K/FLORIDA/11 /12/96 Agreement If the quantity variation is such as to cause an increase in the time necessary for completion the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its Judgment the findings warrant 23 PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof From each progress estimate ten percent (10%) will be deducted and retained by CITY and the remainder less the amount of all previous payments since commencement of the work will be paid to CONTRACTOR When CONTRACTOR has in the Judgment of the DPW faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule and if the DPW finds that satisfactory progress has been and is being made the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT as determined by DPW less all previous payments and less all previous retained amounts The final payment if unencumbered or any part thereof unencumbered shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY Payments shall be made on demands drawn in the manner required by law each payment to be accompanied by a certificate signed by the DPW affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement Partial payments on the contract price shall not be considered as an acceptance of any part of the work 24 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR who shall retain beneficial ownership and receive interest if any thereon CITY shall permit the substitution and deposit 22 SAMPLE 3/K/FLORIDA/1 1/12/96 • 0 therewith of secunties equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement 25 AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed all firms supplying materials and all subcontractors upon p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material except certain times if any to be set forth in an affidavit covering disputed claims or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California 26 WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement 27 INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect defend indemnify and hold and save harmless CITY its officers and employees against any and all liability claims judgments costs and demands however caused including those resulting from death or injury to CONTRACTOR s employees and damage to CONTRACTOR's property arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR including those arising from the passive concurrent negligence of CITY but save and except those which anse out of the active concurrent negligence sole negligence or the sole willful misconduct of CITY CONTRACTOR will conduct all defense at its sole cost and expense CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation 23 SAMPLE 3/K/FLORIDA/11 /12/96 0 • 28 WORKERS COMPENSATION INSURANCE Pursuant to Cahfomla Labor Code section 1861 CONTRACTOR acknowledges awareness of section 3700 et seq of said Code which requires every employer to be insured against liability for workers compensation CONTRACTOR covenants that it will comply with such provisions pnor to commencing performance of the work hereunder CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100 000) bodily injury by accident each occurrence One Hundred Thousand Dollars ($100 000) bodily injury by disease each employee Two Hundred Fifty Thousand Dollars ($250 000) bodily injury by disease policy limit CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation 29 INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY CONTRACTOR shall obtain and furnish to CITY a policy of general public liability insurance including motor vehicle coverage covering the PROJECT Said policy shall indemnify CONTRACTOR its officers agents and employees while acting within the scope of their duties against any and all claims of arising out of or in connection with the PROJECT and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage including products/completed operations liability and blanket contractual liability of $1 000 000 per occurrence If coverage is provided under a form which includes a designated general aggregate limit the aggregate 24 SAMPLE 3/K/FLOR IDA/11 /12/96 • • limit must be no less than $1 000 000 Said policy shall name CITY its officers and employees as Additional Insureds and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary Under no circumstances shall said abovementioned insurance contain a self - insured retention or a deductible or any other similar form of limitation on the required coverage 30 CERTIFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement said certificates shall 1 provide the name and policy number of each carrier and policy 2 shall state that the policy is currently in force 3 shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY and 4 shall state as follows "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation " CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement CITY or its representative shall at all times have the right to demand the original 25 SAMPLE 3/K/FLORIDA/1 1 /12/96 • • or a copy of all said policies of insurance CONTRACTOR shall pay in a prompt and timely manner the premiums on all insurance hereinabove required A separate copy of the additional insured endorsement to each of CONTRACTOR s insurance policies naming the CITY its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder 31 DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence or fails to complete the work within the time specified or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent or violates any provision of this Agreement or the contract documents CITY may give notice in writing of its intention to terminate this Agreement Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR CITY may without prejudice to any other remedy it may have terminate this Agreement upon the expiration of that time Upon such default by CONTRACTOR CITY may elect not to terminate this Agreement in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR 32 DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder or upon earlier termination of this Agreement all original plans specifications drawings reports calculations maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost 26 SAMPLE 3/K/FLORIDA/11 /12/96 ` • • 33 NON -ASSIGNABILITY CONTRACTOR shall not sell assign transfer convey or encumber this Agreement or any part hereof or any right or duty created herein without the prior written consent of CITY and the surety 34 CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement No officer or employee of CITY shall have any financial interest in this Agreement in violation of Califom/a Govemmenf Code sections 1090 et seq 35 STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees costs and necessary disbursements arising out of the processing of Stop Notices notices to Withhold or any similar legal document Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop notice filed in excess of two regardless of whether or not CITY is named in an action to enforce such stop notices CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement 36 NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made at the place of business of such party or to any other place designated in writing by such party 27 SAMPLE 3/K/FLORIDA/11 /12/96 37 CAPTIONS Captions of the section of this Agreement are for convenience and reference only and the words contained therein shall in no way be held to explain modify amplify or aid in the interpretation construction or meaning of the provisions of this Agreement 38 FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance As federal funds are financing all or part of this work all of the statutes rules and regulations promulgated by the Federal Government and applicable to the work will apply and CONTRACTOR agrees to comply therewith 39 DAVIS BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a et seq ) for each craft or type of worker needed to perform this Agreement CONTRACTOR agrees to comply with all applicable federal labor standards provisions said provisions are incorporated herein by this reference 40 DISPUTES CONCERNING LABOR STANDARDS Disputes arising out of the labor standards provisions of this contract Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5 6 and 7 Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee the U S Department of Labor or the employees or their representatives 28 SAMPLE 3/K/FLOR IDA/11 /12/96 41 CERTIFICATION OF ELIGIBILITY By entering into this contract the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis - Bacon Act or 29 CFR 5 12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24 No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5 12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24 The penalty for making false statements is prescribed in the U S Criminal Code 18 U S C 1001 Additionally U S Criminal Code Section 1010 Title 18 U S C Federal Housing Administration transactions" provides in part Whoever for the purpose of influencing in any way the action of such Administration makes utters or publishes any statement knowing the same to be false shall be fined not more than $5 000 or imprisoned not more than two years or both 42 DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees agents principals or subcontractors to discriminate against any employee or applicant for employment on the basis of race religious creed national origin or sex CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible 29 SAMPLE 3/K/FLORIDA/11 /12/96 43 EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246 as amended and 29 CFR Part 30 The utilization of apprentices trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race color religion creed national ongin sex or age to ensure equality of opportunity in all aspects of employment Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701 et seq ) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq )prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability To ensure compliance with these requirements the CONTRACTOR shall provide the C its wntten affirmative action plan prior to commencement of work The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable 44 COPELAND ANTI -KICKBACK ACT CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3 which Act provides that each shall be prohibited from including by any means 30 SAMPLE 3/K/FLORIDA/1 1/12196 any person employed in the construction completion or repair of public work to give up any part of the compensation to which he is otherwise entitled 45 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq) as supplemented by Department of Labor regulations (29 CFR part 5) Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary hazardous or dangerous to his health and safety as determined under construction safety and health standards promulgated by the secretary of Labor These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation As used in this section the terms laborers and mechanics include watchmen and guards 46 IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed on the date of contract award on the United 31 SAMPLE 3/K/FLORIDA/11 /12/96 States Environmental protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 1520 (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder (c) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director office of Federal Activities EPA indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract and further agrees to take such action as the Government may direct as a means of enforcing such requirements 47 ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201 et seq ) 48 HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules regulations guidelines procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith 32 SAMPLE 3/K/FLORIDA/1 1/12/96 h-P 4 • • 49 SUBCONTRACTS The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5 5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5 5 50 CONTRACT TERMINATION, DEBARMENT A breach of the contract clauses in 29 CFR 5 5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 512 51 COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES No laborer or mechanic to whom the wage salary or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer 52 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME REQUIREMENTS No CONTRACTOR or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such 33 SAMPLE 3/K/FLORIDA/1 1/12/96 workweek unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek whichever is greater 53 VIOLATION, LIABILITY FOR UNPAID WAGES, LIQUIDATED DAMAGES In the event of any violation of the clause set forth in subparagraph (1) of this paragraph the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages In addition such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory to such District or to such temtory) for liquidated damages Such liquidated damages shall be computed with respect to each individual laborer or mechanic including watchmen and guards employed in violation of the clause set forth in subparagraph (1) of this paragraph in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph 54 LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services and that such legal services are expressly outside the scope of services contemplated hereunder CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309 the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR 34 SAMPLE 3/K/FLORIDA/11 /12/96 - 0 SECTION C PROPOSAL for the TRAFFIC SIGNAL INSTALLATION at FLORIDA STREET AND GARFIELD AVENUE CASH CONTRACT No 1025 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH In compliance with the Notice Inviting Sealed Bids the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor material equipment and incident insurance necessary therefor in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach and to enter into a contract at the following prices The undersigned agrees to complete the work within 60 working days starting from the date of the Notice to Proceed BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents If this proposal is accepted for award BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal BIDDER understands that a bid is required for the entire work that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses taxes royalties fees etc and will be guaranteed for a period of sixty days from the bid opening date If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project In the case of discrepancies in the amounts bid unit prices shall govern over extended amounts and words shall govern over figures C-1 0 0- If awarded the Contract the undersigned agrees that in the event of the BIDDER'S default in ' executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER the 4 proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may at the AGENCY'S option be considered null and void v Accompanying this proposal of bid find a,` lygAdin the amount of which said amount is not less than 10% of the aggregate of the total bid price as required by the Notice Inviting Sealed Bids, payable to the AGENCY (Please insert the words "Cash", "Certified Check", or "Bidder's Bond" as the case may be) Bidder shall signify receipt of all Addenda here if any Addenda No Date Received Bidder's Signature 0 C-2 OPROJECT BID SCHEDULE • is �J • tern No Estimated Quantity Item with unit price written in words Unit Price Extended Amount 1 1 lump sum Install City Furnished Type III Service Complete @ J/,it�Irz hloz 'f-Pd �Y7�'/ l r2e e Dollars $ S 3 C- $ `j 3 d 1, /%D Cents Per lump sum 2 1 lump sum Install City Furnished Controller Cabinet Complete @ bin e- 4lMa /"��7i7//'7S/d qX-1 Dollars $ 3f go` $ 2/9Gi /'J 6 Cents Per lump sum 3 1 lump sum Install City Furnished Poles R Appurtenances Complete / / / Ph @ ` In 7 O(/S'�h!/ E'/�7�/VA"' /'�iR11p,I1 rs 114141S, i $ � n $ MO/ i Cents Per lump sum 4 1 lump suns Install City Furnished RockxNNell Video Detectors @ �(/e �7Uh��Ea SiY1�l/ S'P{/Ph Dollars $ 567 °° $: an/ /7/7 Cents Per lump suns 5 7 each Furnish & Install 9.) Pull Bo\ /I 1 @ AL O— /1df�ll�P�T� �7� Dollars $ Jr�� �fl �/ 00 $ / an,/ h a Cents Per etch 6 9 each Furnish & Install #6 Pull Boy / / @ (917 %%r/f9� Pd SPrPh �s/hin e Doll irs $ i79 / 17 $ (p 4�(22 Avr-1 / Cents Per e icli 7 625 linear foot Furnish & Inst ill 2 Sch 80 P V C @ h/nN /&� n Dollars $ on/Al"g y Cents Per linear foot 8 37� linear foot Furnish R Instill 3 Sch 80 P V C 1 @ ��i/'7�/ S eVtl" Doll irs ? / $ ✓7, $ ��/p/ (S /9d l�r/�TY 017Q Cents Per linear foot 9 1 lump sum Furnish Fc Install�CCable/Wire/EVPE Cable Completes @{%�YAO//Slc//�i//��(ln"Illlars $ �^q $ J / Cents Per lump sum 10 1 lump sum Furnish R Install Interconnect Cable @ / uJCLy///%J � Q Dollars jZ $ JJ $ � O deli /70 Cents Per lump sum C-I s Q PROJECT BID SCHEDULE FrFe-m-TT-stimated No Quantity Item with unit price I written in words Unit Price xten o Amount 11 3 each Install Curb Ramp per Caltrans Standard @ ✓L' lellSle/,� � n//dri�%�.S�� t II $ ��%° $ Ja��7' 99 ll 2 / /JI/ Y// 9'K Cents Per each 12 1 lump sum Sandblast Striping per Signing and Striping Plan @ S/X ��U�/x�0/JP�!/S/x��ars / $ (O / $ 7 17b Cents Per lump sum 13 1 lump sum Install Sidewalk per Detail /in�the Specifications �,/� @ OfIPr/JOdSQhQ fyUi-hdQd �/vP%IT�oII�,s p $O J $ / Cents Per lump sum 14 @ Doll u� $ $ Cenh Per l� @ Dollars $ $ Cents Per 16 @ Doll -in $ $ Cents Per Total Amount Bid in Figures $ / Total Amount Bid to Words ��'-411P.e, al,4 s. C-2s LIST OF SUBCONTRACTORS• • In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor Portion of Work Name and Address of Subcontractor State License Number Class 2W i/�3 ill/cal �T.�U 0 6 oK 3 �✓ so7 3 �L}[1 e9ml.,fte /o _ 41001f -.:46 .Tu % 3.1V '040/ 5 Y G 3 �3 JI r �1 31t1 JD4c to i.� us.4 r t -ol g By submission of this proposal, the Bidder certifies I That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing 2 That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project C-3 o (7) NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID 0 State of California ss County of Orange i�►�-� M �ijmm o.j S. , being first duly sworn deposes and says that he or she is VICK- of C %' the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly colluded, conspired connived or agreed with any bidder or anyone else to put in a sham bid or that anyone shall refrain from bidding that the bidder has not in any manner directly or indirectly sought by agreement communication or conference with anyone to fix the bid price or that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true and further that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof or the contents thereof or divulged information or data relative thereto, or paid and will not pay fee to any corporation partnership company association organization, bid depository or to any member or agent thereof to effectuate a collusive or sham bid 0 C.T.&F. Inc. Name of Bidder Sig ature of adder 72 Avenue Bell � � ; �,�9 CA 00201 AV@s)s Q FAX (310) 927-4171 State Llc. # 182572 C-10 Subscribed and sworn to before me this day of 199 NOTARY PUBLIC NOTARY SEAL C-4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of & County of -s On cle -AS_ 9� before me Date Name and Title offiow ( g Jane Doe b6uuy Public) personally appeared 1rji� Al S S Name(s) of Sgner(s) personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) MATTHEWA BOYDEN t or the entity upon behalf of which the person(s) acted COMM 01064546 executed the instrument i • Notary Public — Cautomlo LOS ANGELES COUNTY My Comm Expires APR 2 1999 WITNESS my hand and official seal w-4 Nwary Public OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document _ __ kN_ _ __QPscrintion of A tachPd nnln«mPr t_ _ _ Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer s Name a Individual Corporate Officer Title(s) Partner — ❑ Limited ❑ General Attomey-in Fact Trustee Guardian or Conservator Other Signer Is Representing RIGHT_THUMSP INT :6FSIGNEFR_R ` ' of thumb herl I Number of Pages Signers Name Individual Corporate Officer Trtle(s) Partner — ❑ Limited ❑ General Attomey-in Fact Trustee Guardian or Conservator Other Signer Is Representing RIGHT THUM<RRINT OF SIGNER ` Top of thumb here 0 1994 National Notary Association 8236 Remmet Ave P 0 Box 7184 Canoga Park. CA 91309-7184 Prod No 5907 Reorder Cali Toll -Free 1-800-876-68Z7 • 0 UTILITY AGREEMENT • HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the TRAFFIC SIGNAL INSTALLATION at FLORIDA STREET AND GARFIELD AVENUE (I)(we)(mt) will employ and utilize only qualified persons as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities The term "Qualified Person" is defined in Title 8, California Administrative Code Section 2700 as follows "Qualified Person A pet son who by reason of expettence of instruction is fanuhar with the opet atton to be performed and the hazat ds involved " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements Public Utility Commission orders and State of California Cal -OSHA requirements The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein Date (11 x • Contractor Title Ce T &Fy C-5 0 o DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310 5 the Bidder shall complete under penalty of perjury the following questionnaire QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified removed or otherwise prevented from bidding on or completing a Federal State or local government project because of a violation of law or a safety regulation? ❑ Yes 2' o If the answer is yes explain the circumstances in the space provided g tAv 4 a a t3 ^tVi S -1 Note This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire (7) m C6 COMPENSATION INSURANCE CERTIFICATE n U • Pursuant to Section 1861 of the State Labor Code each contractor to whom a public works contract has been awarded shall sign the following certificate I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract Date L(' fi • C.T.&F, Inc. R Contractor By I/C C N—�/ZG�/D c�✓T Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER -(To be completed only by the awarded Contractor prior to excavation) 0 No excavation will be permitted until this form is completed and returned to the AGENCY Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued _ 'Section Permit to Excavate will be valid To obtain a Dig Alert Identification Number call Underground Service Alert at 1-800-422-4133 a nummum of two working days before scheduled excavation Dig Alert Identification Number C. T. &F, Inc. Contractor LOSE Title Date z Note This foi Yit is i equu ed for evcty Dig Alert Identification Number issued by U S A dui ing the course of the Work Additional forms may be obtained front the AGENCY iipon r equest 0 C8 • IDDER'S INFORMATION • BIDDER certifies that the following information is true and correct 4W q 0 AT.a Bidder Name Edlmaftg 7298 c�•n���-Aye�11us Business Address Bell Gardens, CA 90201 (310) W-2335 FAX: (310) 927-4171 stew , 9-494,572 G 0 City ww"State Zip Telephone Number State Contractor s License No and Class r)P(2-, 1 (s ) 19"s Original Date Issued 4-30 -76 Expiration Date The work site was inspected by f Mom of our office on 199-� The following are persons firms and corporations having a principal interest in this proposal C-9 0 o The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability financially or otherwise to perform the contract for the proposed work and improvements in accordance vith the plans and specifications set forth C. reMay Inc. � �tggna1,urpot1rst•doer�s/ � �. z, , � ��a�� �, Brin ed,,or �T , ed �Snature 4 +�r as V4 ld a miata,al 9 Subscribed and sworn to before me this _ day of 199_ NOTARY PUBLIC NOTARY SEAL Listed below are the names address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years 1 2 3 Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Name and Address of Public Agency Name and Telephone No of Project Manager Contract Amount Type of Work Date Completed Date Completed Date Completed 0 C 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CA� t'oirt G County of a-5/n 6E e le S On before me /�/oTi�u✓� QaJed , /i�ior �4 Date / Name and 79fe of Offlifer (e g Jane D6e Notary Public') personally appeared Nam(s) of SVN)r(s) personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) MATTHEW A BOYDEN or the entity upon behalf of which the person(s) acted COMM # 106A 'm Notary Public — CaliforniaIf executed the instrument LOS ANGELES COUNTY My Comm Expires APR 2 1999 WITNESS my hand and official seal of Notary Public OPTIONAL Though the information below is not required by law it may prove valuable to persons relymng on the document and could prevent fraudulent removal and reattachment of this form to another document 1lrocrrrntrnn_nf 4tfat�hni#_Iln���rrtnont _ � __ _ r ' Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signers Name a Individual Corporate Officer Title(s) Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other _ Signer Is Representing RIGHT THUMBPRINT OF SIGNER Signers Name Individual Corporate Officer Title(s) Partner — ❑ Limited ❑ General Attorney -in Fact Trustee Guardian or Conservator ` Other r Signer Is Representing Top of thumb here 1.1�J!'.1.T1.�J'.././r!.!1.�.�1,�l�lrl�!.+r./J.lJ!J�./.�lJJ�lJ�JJ.'J�����.r✓.�l.�./"l.�Jllli�,w•r�.i�-�- 0 Box 7184 Carioga ParK CA 91309-7184:00 • PREVIOUS PROJECTS COMPLETED as of 8/14/95 Owner City of Los Angeles Department of Public Works Project C 87278 Title ATSAC Wilshire East Completed 2/1/95 Total $ 5,531,33100 Contact Ernie Aldover City of Los Angeles Department of Transportation Phone (213)237 0276 Owner City of Los Angeles Department of Public Works Project C 86937 Title Jefferson Blvd Street Lighting Completed 7/1/95 Total $ 644,098 00 Contact Phil Reed City of Los Angeles Bureau of Street Lighting Phone (213)847 6403 Owner Los Angeles County Department of Public Works Project CC6746 Title Huntington Dr Traffic Signal Modifeation Completed 4/1/95 Total $ 1,280,320 00 Contact Bob Geysel Los Angeles County Department of Public Works Phone (818)458 3104 a Owner California Department of Transportation Z Project 70 118044 Title Sign & Lighting Ilummation on Rte 210 Completed 8/1/95 Total $ 491,20100 Contact Paul Chang California Department of Transportation Phone (213)897-0059 Owner City of Glendale Traffic Division a Project 101090 Title Traffic Signal Installation 37 Locations Completed 6/1/94 Total $ 2,080,54100 Contact Omar Abutaleb City of Glendale Traffic Division Phone (818)548 3960 • • r oTF ELECTRICAL M CONTRACTORS 7228 SCOUT AVE BELL GARDENS CA 90201 PHONE (310) 927 2330 FAX (310) 927-4179 RESUME Since 1959 C T & F, Inc has remained one of the largest traffic signal and street lighting Contractors in Southern California Although the breadth of our previous work and experience spreads from Ventura to San Diego counties we now base our work exclusively in Los Angeles county C T & F, Inc has created state of the art customized computer software that is utilized to track over 400 active jobs It helps us to ensue e the availability of pei sonnel, equipment and materials that aie needed to quickly supply our customei's needs Good ielations with various unions, primarily IBEW Local 11 has afforded C T & F, Inc with manpower when and where picjects demanded George Eslinger John E Fisher Ron Price P Kay Griffin Director General Manager Supervising Engineer Office Engineer ,11 LA City BSL LA City LADOT LA County DPW CALTRANS (213)362-6400 (213) 485-2278 (818) 458-3102 (916) 654-4607 C T & F, Inc was recently honored with an award for Electrical Excellence in 1992 foi installing the Westwood I Traffic Contiol System involving video fibei optics and micropiocessoi technologies C T & F, Inc completes millions of dollais worth of traffic signal sheet lighting and automated traffic control & surveillance system installations annually We accomplish our goals by maintaining our reputation of integrity E_,flciency volume pricing and fairness Bids Received ���/9 45 COPY TO Dated SHEILA GENEIL CC-1025 FLORIDA-GARFIELD TRAFFIC SIGNAL INSTALLATION June 26, 1996 2 00 PM Engineer's Estimate $68,000 BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1 Baxter Griffin Company Inc $ 661 4 -7e, $ 7a /,il j_?) 2 Computer Service Company lD 3 County Wide LightinODD g /i 4 CT&F Inc � 36 7v 59 � 5 DBX Inc 6 IDC $ 7 McCain Traffic Supply $ 8 Peek Traffic Signal Control $ 9 10 11 12 $ 13 $ 14 19322 BOND NO GE5789420 BID OR PROPOSAL BOND Barter —Griffin Co Inc KNOW ALL MEN BY THESE PRESENTS that we as PRINCIPAL (hereinafter called the Principal) and Gulf Insurance Company a corporation duly organized under the State of Missouri and authorized to transact a general surety business in the State of CA as SURETY (hereinafter called the Surety) are held firmly bound unto THE CITY OF HUNTINGTON BEACH as OBLIGEE (hereinafter called the Obligee) in the sum equal to 10 %of the accompanying bid of the Principal not however in excess of Eight Thousand One Hundred Dollars and no/100— dollars (S 8 , 100 00 ) for the payment of which sum well and truly to be made he said Principal and the said Surety bind ourselves our heirs executors administrators successors and assigns jointly and severally firmly by these presents THE CONDITIONS OF THIS OBLIGATION IS SUCH That whereas the Principal has submitted or is about to submit to the Obligee a proposal or bid dated on or about the date mentioned below for (1) the performance of the designated work or (2) the furnishing of the specified goods supplies or products to wit Traffic Signal Installation at Florida Street and Garfield Avenue NOW THEREFORE if the Principal shall not legally withdraw said bid within or at the times permitted therefor but shall duly make and enter into a written contract with the Obligee in accordance with the terms of said proposal or bid or any amendment thereof acceptable to the Principal "ithin the time permitted therefor after such contract forms are presented to the Principal for execution should the Obligee award the Principal the said work or contract or any part thereof and if the Principal shall give bond or bonds for the faithful performance thereof and/or for payment for labor and materials going thereinto as in the specifications or contracts provided or if the Principal shall in case of failure so to do pay to the Obligee the damages which the Obligee shall have actually suffered by reason of such failure not exceeding the penal sum of this bond then this obligation shall be null and void otherwise to be and remain in full force and virtue PROVIDED HOWEVER that no action shall lie or claim be enforced hereunder unless the award on the basis of said bid shall have been made within thirty (30) days after the formal opening of said bid or within the time specified within the bid provisions whichever time shall be greater and unless the Obligee hereunder shall give notice to Surety of said award at the time of notification to the Principal and unless legal action to enforce any claim hereunder shall have been commenced within six (6) months from the date of the formal opening of said bid PROVIDED always that this Bond shall not be valid and binding upon the Surety unless accompanied by a Certified Copy of a Power of Attorney authorizing the undersigned Attorney in Fact to execute such a bond the Serial Number upon which Copy of Power of Attorney shall correspond with the Bond Number set out above Signed sealed and dated this 13 th day of June 19 96 xter-Griffin Inc I -'- BY— _ Bert J Griffin, President Principal Gulf Insura ce Companv i B Y ' / c _ Ran y ohn Attorney in f act CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 6907 State of Ca l i f o n i a County of Orange On June 13, 1996 before me, M. Minium, Notary Public DATE NAME TITLE OF OFFICER E G JANE DOE NOTARY PUBLIC' personally appeared Randy Spohn NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s-)-whose name{s� is/art- subscribed to the within Instrument and ac- knowledged to me that he/she/they executed the same In hls/ihreF/theif -authorized capaclty(+es , and that by hl slgnaturefsj-on the Instrument the person{s)- or the entity upon behalf of which the m'k aw person acted executed the Instrument WITNESS my hand and official seal SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY IN FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) Gulf Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OR TYPE OF DOCUMENT One NUMBER OF PAGES June 13 1996 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave P 0 Box 7184 Canoga Park CA 91309 7184 GULF I€VSUPANCF C01PA 11 SO KANSAS CI i't VISSOURI PON", P F OF 41 i 61CN V_N ORIGIN Al S OF IIfI', I O\\FR OF Ni IORNI 1 \RI I KIN I ID ( \ HI ( f SALILT) IAIFR \\i1{I Ff V i\t\ Dtil l( \11 , tifl\11 ll\li 1111 SAMEFOR( F 1ND FFFI ( I \S %\ 1 117I\.\1 O\1)i \\IiI \ [IS[11) IN CONJUNCTION \\ 11 H 1111­ Of I( IN \I K\O\\ N -\I L \1i \ B) TI FSL I tiL\ 1, F at hL C till In I I C n paI\ a c( rp ira I(n It r -it/ I Lill i I I1L 1 I 11 I f \1i uri h 1 it Its pnnupd ( IiI c in II It\ 1 11\1 1 F I 1 it I Ih 1 ill 11 r I u 1 n adopted b\ ihL Fin I l 1 i 11\ lc 11111 1 1 L t h 3 11 I I i\I I 1 tf 11 C(nopan\ (n Ih M11 II 1 \I I I I(It I I RESOL\ LD h t th I I v I n1 I\ I I \ I Id It r 1\ I I I\ I Pr vdent f ih C II I n\ h II h h \ I I I I I I 1 I I \ 1 of AIWr❑ \( nsu 11111 \1 1 I I 1 I I I I I I I I Ina) b( s IC t d in 11 11111 1 11 nL 1 n 1 Ill I n I\ I I I I and th( m t Tit\ I I Ili I I I t h I r I Liu \ I PresldLnt r in\ S ill r\ i I I(- I I I I I I I t r I I i I I r I h I Fin mLe In I F\ Ili C 1111 1111 1 1 It I d C) 1 1 RFSOL\ FD I I it n n I Ili h 1 1 \nl III I n II I I I of authonU to ill r1 n( I ill I I 1 n t o 1 1 \ I It I \\ice issu a p )Ii \ r i-, 11 I I I it 1 n 1 1 ( I 1 11 1 r C ill i RESOL\ I n `i t Ili I H1 I t 11 1 F\ tit N. I l I am Sent( I\ I C P I I I I I 111 I i11 C 1 11 1\ I 11 u 1 ti t PO\\Lr I \it rn I n\ ( Hill I I I I t11 1 111111 1 n Li h PO\\Lr sl \ tit 1 I11 11 1 d I I 1 11 1 1 11 f l 111111 1 11 II 1 valid and hill lin it it Ih C It I n n I tut i I t o I I h I I I I docum nis r I till I Li h 1 Id I 11 I\ h d Gulf lnwi Inc-, C it In\ L h it l I it I I I I I BOND 5T894,, NUMBER GE f / PRINCIPAL DAME ADDRESS CITY STATE ZIP BAXTER-GRIFFIN CO , INC 8210 Monroe Stanton, CA 90680 EFFECTIVE DATE June 26, 1996 / CONTRACTAMOUNT S 81,000 00 $ 8,100 00 RANDY SPOHN OF ANAHEIM, CA BOND AMOUNT Its true Ind la fill t I ( I In I I I I fill n I L 1 it F ( I I d In ti n nt pia n I I ad t) I n \(cut i Ln ntl d L and d 11\ r in its behalf d 1.11 I\ III\ ILI 111 h n 1 1 (1 it km i u I\ hip t I I h it i Cult In a in C Inpin\ h r h\ a fulk and I th am \t tit i if am h lid and rtaLin \ nd ( it n nt 1 1 tin I I r In I it fIi I I I ( ',\ h ILIk tut'1 ry d th (r i the Cult In urin( C( mpim Ind III the I t ( f Said att( rnt\t I In I I p r II I I I) I Ih 11 h I I r 11 1 \ 1111 u I"ld ( I111rIO d The obli all n( n (_ p IN i 1I1 1 n 1 I (III 1 1 )(1 t )1 1 11 IN 1\ 1 i \F SS \\ 111 1 1 01 1 L ( LIf 1 1 ur nC (( p ill\ It I 11.15Ld Ih(s( Pr( (Ill to ')( t"n(d h\ an\ ( ifictr of the Compan\ and It,, Corporal( S( 11 to he h(reto Arm (I �^ 1 Cf aF0 c ( I I F 1\tiL R \\U ( O\11 \\1 z STATF01 \F\\ \(tPK I (hrl IopflLr F \\ it on I �ti 1 r(siduit COUNTI OF NI A\ 1(ikK On thi I t d I\ i I hi i it Ivua \ l) 1 1 I i 1 ( Ili(( I ri i phLr F \\ t n hn to I nit p(r it ilk \ ho hunt, h\ m( dul\ s\\( rn did di pot and sac th it ht I(sidt i t1 ( ( tin \ I \ i fI i r `I I I \ ) i L It it It i Ih 1 rt idt nt of thL ( Lill Incur int( C onip um Ih( corp rate n d( tnbLd in and Rhltli (\((LiILd 11 if) t I1) tit I I Ih it It I 1 1( 1 Of I (1 11 1 ill li th 11 ill( ( 1l dl1\(d t I Ih( II I to triniitilt, I, u(h (nrpor IIL \( if th it It \tas so tffi\L(I h I(1 r i i t it 11 )1 1 1 Do I ( I Lid ( 11) r u( n Hill Ih I h( I IlLd hi nuns th(wo h\ liki. ordLr A S11FF 01 \i \\'I(lLi COLA171 OF \1 vv 'IW I I i Ih( and i i_ I I I all ichtd i O\ i I ( i \ I i I tit n(d Ind S It (t 11 t 1\ t 1 I \ l r LruilI KtmI,in r \( (I_ KF 0419 0 OIL ihfod It N(\I 1 ( r6 Ci unt\ C Into F \pirts \1 IN 1 1997 I 1 it t I I I I r 1 ( 11 1 1 _ EF I l \h ill I ( rp Ill n DO III 1\1 iI1 ( i R 111 1 that 111t I )Itt( Inn, Ind 1111 (1111 13th (1 41 June j ) 96 i I I ILn L I \11n11u ti( Ili r \ it 1 i ( Id tit KNOW ALL MEN BY THESE PRESENTS Thatwe C T & F INC A CORPORATION AETNA CASU&Y & SURETY COMPANY OF AMERICI Hartford, Connecticut 06156 Bond No 86SB100865626BCM(514C) as Pnnctpal hereinafter called the Principal and AETNA CASUALTY & SURETY COMPANY OF AMERICA of Hartford Connecticut a corporation duly organized under the laws of the State of Connecticut as Surety hereinafter called the Surety are held and firmly bound unto CITY OF HUNTINGTON BEACH, PO BOX 190 HUNTINGTON BEACH CA 92648 as Obligee hereinafter called the Obligee in thesumof TEN PERCENT OF AMOUNT BID--------------------------------- Dollars ($* 1O%amount bid) for the payment of which sum well aiid truly to be made, the said Principal and the said Surety bind ourselves our heirs executors administrators successors and assigns jointly and severally, firmly by these presents WHEREAS the Principal has subrpitted a bid for TRAFFIC SIGNAL INSTALLATION AT FLORIDA STREET AND GARFIELD AVENUE #1025 NOW THEREFORE if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof or in the event of the failure of the Principal to enter such Contract and give such bond or bonds if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect Signed and sealed this 24th day of June 19 96 (Witness) 7 (Witness) C T & INC A CORPORATION (Pnnctpal) (Seal) ` (Title) AETNA CASUALTY & SURETY COMPANY OF AMERICA By ,C:! � Elaine Abbott (Adorney In Fact) Printed in cooperation with the American Institute of Architects (AIA) by Aetna Casualty & Sure y Company of America The language In this document confoi ms exactly to the language used In At Fa Document A310, February 1970 edition S 1869 G 1 (2 951 CALIFORNIA ALL-PURF*E ACKNOWLEDGMENT State of California County of San Bernardino On June 24, 1996 beforeme Alice M Cherbak, Notary Public Date Name and Ttle of Otfcer (e g Jane Doe Notary Publ c-) personally appeared Elaine Abbott Name(s) of Signer(s) Ex -personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(i' whose name(s) is/acesubscribed to the within instrument and acknowledged to me that*A/she/Mi [executed the same inAms4-ierAtXX sluthonzed capacity(li-%) and that by ±:Ps/her/thmrs(gnature(N on the instrument the person) - �) I I I c() or the entity upon behalf of which the person?') acted N tot c executed the instrument W S* Lf) 4f I' �{ ( y cc. la 7 WITNESS my hand and official seal r- S gnature of Notary Public OPTIONAL Though the information below is not required by law It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document 86SB100865626BCM(6i4r-) Document Date ,Tune 24, 1996 Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signers Name F.1 aine Abbott ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner — ❑ Limited ❑ General LX Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing AETNA CASUALTY & SURETY COMPANY OF AMERICA RIGHT THUMBPRINT OF SIGNER .p of thumb here Signers Name G Individual Corporate Officer Title(s) Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other Signer Is Representing RIGHT THUMBPRINT - • OF SIGNER, ' .p of thumb here I O 1994 Nat onal Notary Assoc at on 8236 Remmet A e P 0 Box 7184 Canoga Park CA 91309 7184 Prod No 5907 Reorde Call Toll Free 1 8130 876-6827 s11 U ♦r POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) IN FACT KNOW ALL MEN BY THESE PRESENTS THAT AETNA CASUALTY&SURETY COMPANY OFAMERICA a corporation duly organ zed under the laws of the State of Connect cut and having its principal otfce n the C ty of Hertford County of Hartford State of Connect cut hath made const ruled and appointed and does by these presents make constitute and appoint R i c h a r d S M c E l v a n y Kenneth E McElvany or Elaine Abbott — — of Ontario CA its true and lawful Attornay(s) in Fact w in f 11 power and authority hereby conferred to s gn a acute and acknowledge at any place w thin the United States or if the follow ng I no be f lied in w thin the area the a des g nated the following nstrument(s) by h s/he( sole signature and act any and all bonds recogn zances contracts of indemnity and other wr sings obl gatory in the nature of a bond recogn zance or cond t onal undenaking and any and all consents incidents thereto and to bind AETNA CASUALTY & SURETY COMPANY OF AMERICA. Cher by ss fully nd to the s m tent as f th ame w e z gned by the duly auiho I doff c rsofAETNA CASUALTY & SURETY COMPANY OFAMERICA and all the cis of so dAnorn y(s) in Fact purs ttoin autho ity h to n gt on a a hereby ratiF d and confirmed Th s appo niment is made under and by author ty of the follow g Stand ng Resolutions of sa d Company wh ch Resol tions are now n full to cc and effacL VOTED That each of the following offcers Chairman V cc Cha rman President Any E scull e V cc President Any G cup E ecut a Any Son or V ce Pres dent. Any Vice President Any Ass slant V cc Pres dent Any Secretary Any Ass slant Secretary may from time to i me appo nt Res dent 1 ce Presidents Resident Assistant Secretaries Attorneys n Fact and Agents to act for and on behalf of the Company and may gi a any s ch appo ntes s ch autho ty as h s can rcate of author ry may p escr be to sign w Ih the Company s name and se I w in the Company s seal bonds r cogn zances contracts of ndemn ty and other wr tings obl gatory in the net re of a bond recogn zance or cond t onal ndenak ng and any of sa d otf cc s or the Board of D rectors may at any I me remo a any such appo rites and re Oka the power and author ty g an h m or her VOTED Thai any bond recognizance contract of indemn ry or writ ng obligatory in the nature of a bond recogn zance or cond tional undenak ng shall be val d and b nd ng upon the Company when (a) s gnad by the Cha rman the V cc Cha rman the P as dent an E ecutt e V cc Pres dent a Group E scull e a San or Vice President a V cc Pres dent an Ass slant V ce President or by a Res dent Vice Pres dent pu s ant to the power p escr bed n the certificate of author ty of such Res dent V cc Pres dent and d ly attested and sealed w in the Company s seal by a Secretary or Ass slant Secretary or by a Res dent Assistant Secretary pursuant to the power prescribed in the certificate of authority of such Res dent Ass slant Secretary or (b) duly a ecuted (under seal if req (ed) by one or more Anorneys in Fact pursuant to the power p esutbed in h s or their can I cats or cenircates of a thority Th s Power of Attorney and Certificate of A tho ity is s gn d ands sled by face m le under nd by autho ty of the follow ng St nding Resolut on vot d by the Board of Directors of AETNA CASUALTY & SURETY COMPANY OF AMERICA, wh ch Resolution is now in full fo co and effect VOTED That the s gnature of each of the follow ng officers Cha rman V cc Cha rman Pres dent Any E cc t e V cc Pres dent Any G oup Ex cult a Any San or V cc Pres dent. Any V'ce President Any Ass scant V cc Pres dent Any Sec tary Any Ass slant Secretary and the seal of the Company may be atf ad by lacs m to to any pow r of eno n y or to any can f cats r tat ng the to appo nt ng Res dent V ca Pr z dents Res d ni Ass slant Secretar as or Arlo neys n Fact for purposes only of a cc t ng and attesting bonds and undenak ngs and other wr t ngs obi gatory n the nature thereof and any such power of anorney or certificate bearing such facsim le s gnature or fats m Is seal shall be val d and b nd ng upon the Company and any such pow r so executed and conifod by such facsim Is s gnature and facs m Is seal shall be val d and b nd Aq pon the Company in the future w to respect to any bond or undartak ng to wh ch t is anached IN WITNESS WHEREOF AETNA CASUALTY & SURETY COMPANY OF AMERICA has caused in s nslr ment to be s gned by is V cc P e d nt and its corporate seal to be hereto aff ad th s 3 r d day of November 199 S AETNA CA ALTY & SURETY CO ANY OF AMERICA State of Connect cut ss Hanford O By County of Hanford or om V c P dent On Ih s 3 r d day of November 19 9 S befo a me personally came GEORGE W THOMPSON to me known cal o be ng by me d ly sworn d d depose and say in t he/she s Vice Presid nt of AETNA CASUALTY & SURcTY COMPANY OF AMERICA. the cc po at on desc b d n and wh ch a ecuted the abo a nst m nt that he/sh knows the seal of sa d cc porat on that the seal all ad to it a sa d nst ment s s ch co porate seal and that he/she a ecuted the sa d nstrument on ben If of the cc po 1 on by a tho ty of h s/her off cc under the Standing Resolut ons thereof My min w P N mbe 30 1998 N y P bl. Rot find R Ch t CERTIFICATE I in riders gn d A 1 t nt S c t ryof AETNA CASUALTY & SURETY COMPANY OF AMERICA a stock corpo at on of the State of Connect cut DO HEREBY CERTIFY that the to ego ng and anached Power of Atto ney and Can Fcate of Autho ty ema ns n full force and has not been re oked and f rthermore that the Stand ng Resolut ons of the Board of D rector aE set forth in the Cart fcaie of Autho ty are now n to cc S gned and Sealed at the Home Off ce of the Company n the C ry of Hanfcrd State of Connect c t Dated in s 24 th day of June 7996 ey� Pct Gonaoulin . (aJst nt S stary S 2435 (7 95) CALIFORNIA ALL-PURPO* ACKNOWLEDGMENT 0 State of County of .41,0s On before me "�7- - Date Name and Title Offbw (4 Jane Doe OuLry Pubic) personally appeared -7— '6 ,0 Narrate) o1 &gner(a) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) MATrHEWA BOYDEN or the entity upon behalf of which the person(s) acted COMM # 1064546 executed the instrument Notary Public — Collfomiaa LOS xplry S COUNTY My Ccmm WITNESS m hand and official seal EExpires APR 2 1999 of Notary Pubic OPTIONAL Though the information below is not required by law it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signers Name ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Top of thumb here Signer Is Representing I I Signer s Name I El Number of Pages Individual Corporate Officer Title(s) Partner — ❑ Limited ❑ General Attomey in Fact Trustee Guardian or Conservator Other Signer Is Representing 0 1994 National Notary Assomabon 8236 Remmet Ave PO Box 7164 Canoga Park, CA 91309-7184 Prod No 5907 Reorder Call Toll -Free 1.8OM76.6aV • • (S nCp S[RETY COMPANY of the PACIFIC 6345 BALBOA BOULEVARD BUILDING 2 ENCINO CALIFORNIA 91316 REPLY TO POST OFFICE BOX 10289 VAN NUYS CALIFORNIA 91410 0289 PHONE (818) 609 9232 BID BOND Bond Y M 781729 Premium NIL KNOW ALL PERSONS BY THESE PRESENTS Tnatwe COUNTYWIDE LIGHTING INSTALLATION, INC 15471 REDHILL AVE STE B TUSTIN. CA 92680 as Princ pal and SURETY COMPANY of the PACIFIC (SCP) a corporation organized and existing under the laws of the State of California as Surety are held and firmly bound unto CITY OF HUNTINGTON BEACH 2000 MAIN ST HUNTINGTON BEACH, CA 92648 as Obligee in the full and lust sum of TEN PERCENT OF THEIR GREATEST AMOUNT BID DOLL4RS(S 10`/, OF G A B ) for the payment whereof in lawful money of the United States we bind ourselves our heirs administrators executors or successors jointly and severally firmiy by these presents WHEREAS he said Princ pal has submitted the accompanying bid for TRAFFIC SIGNAL INSTALLATION AT FLORIDA STREET AND GARFIELD AVENUE CASH CONTRACT NO 1025 NOW THEREFCRE if the said contract be awarded to the Principal and the Principal shall within such time as may be specified enter into the contract in writing and give bond with surety acceptable to the Cbligee for the faithful perfor mance of the said contract then this obligation shall be void otherwise to remain in full force and effect Provided how ever that if said contract is not awarded within 60 days of the date of bid opening this bond shall be void and of no force and effect Signed and Sealed this 24TH day of JUKE 1996 li V LETICIA Dk--�-A Attorney In Fact SURETY COMPANY of the PACIFIC COUNTYWIDE LIGHTING INSTALLATION, INC 15471 Redhill Ave , Ste B Tustin CA 92780 By Princ pal - LOng, C E 0 June 26, 1996 SUWTY COMPANY of the PAIFIC ' 6345 Balboa Blvd Building II Encino CA 91316 Power of Attorney NOTICE I This Power of Attorney is void if altered or if any portion is erased 2 Tlus Power of Attorney is void unless the seal is readable KNOW ALL MEN BY THESE PRESENTS That SURETY COMPANY OF THE PACIFIC by Montgomery Erwin its President in pursuance of authority granted by Resolution of its Board of Directors at a meeting called and held on the 23rd day of January 1969 which said Resolution has not been amended or rescinded and of which the following is a true full and complete copv RESOLVED That the President or any Vice President may from time to time appoint Attorneys in Fact to represent and act for and on behalf of the Company and either the President or any Vice President the Board of Directors or Executive Committee may at any time remove such Attomevs in Fact and revoke the Power of Attorney given him or her and be it further RESOLVED That the Attorneys in Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Comp-iny may require and any such bonds or undertakings executed by any such Attorney in Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary does hereby nominate constitute and appoint LETICIA DE LA VEGA of Northridge California its true and lawful Attorney in Fact to make execute seal and deliver for and on its behalf as sarety and as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS ($200 000 00) IN WITNESS WHEREOF the said President has hereunto subscribed his name and affixed the corporate seal of the said SURETY COMPANY OF THE PACIFIC this 4th day of October A D 1993 SURETY COMPANY OF THE PACIFIC By /S/Mcntgomery Erwin President STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )-s On this 4th day of October A D 1993 before the subscriber a Notary Public of the State of California in and for the County of Los Angeles duly commissioned and qualified came the above named President of SURETY COMPANY OF THE PACIFIC to me personally known to be the individual and officer described in and who executed the preceding instrument and he acknowledged the execution of the same and being by me duly sworn deposeth and saith that he is the said officer of the Corporation aforesaid and that the seal affixed to the preceding instrument is the Corporate Seal of the Said Corporation and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporatio❑ IN WITNESS WHEREOF I haN e hereunto set my hand and affixed my Official Seal at the city of Northridge the day and vear first above x ritten (SEAL) /S/Kathv K Goodwin Notary Public I the undersigned Secretary of SURETY COMPANY OF THE PACIFIC do hereby certify that the original POWER OF ATTORNEY of which the foregoin, is a full true and correct copy is in full force and effect IN WITNESS WHEREOF I ha- a hereunto subscribed my name as Secretary d affixed the Corporate Seal of he Corporation this 24TH day of JUNE 199 6 Tams Galik Corporate Secretary 9 • CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On JUNE 242 1996 before me MARIE HAZEL LLAMADO, NOTARY PUBLIC DATE NAME TITLE OF OFFICER personally appeared LETICIA DE LA VEGA NAME(S) OF SICNER(S) ® personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument ��`'� the person(s) s or the entity upon behalf of which U Hazel Il�r�ado� P () Y P Comm rf1n.?601 OTgR / PU,7LIC , 1 O'i41A�� the P erson(s) acted executed the instrument C a c Ron COMMS ANGELE$ CCJNTY () ExP Oct 16 1 9°8 .+ WITNESS my hand and officia ear SI ATURE F OTARY OPTIONAL Though the data below Is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent ieattachment of this form CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) TITLE(S) ❑ LIMITED ❑ GENERAL X ATTORNEY IN FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING NAME OF PERSON(S) OR ENTITY(IES) SURETY COMPANY OF THE PACIFIC DESCRIPTION OF ATTACHED DOCUMENT BOND # M781729 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 0 CNA INSURANCE COMPANIES BOND# 7012152 PREMIUM -NIL KNOW ALL MEN BY THESE PRESENTS That we DBX INCORPORATED Principal and CONTINENTAL CASUALTY COMPANY Surety are held and firmly bound unto CITY OF HUNTINGTON BEACH Obligee, in the sum of TEN PERCENT OF AMOUNT BID Dollars ( 107 ) for the payment of which we bind ourselves, our legal representatives successors and assigns jointly and severally, firmly by these presents WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for TRAFFIC SIGNAL INSTALLATION AT FLORIDA STREET AND GARFIELD AVENUE CASH CONTRACT NO 1025 NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee or if Principal shall fail to do so pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of th s bord then this obligation shall be void otherwise to remain in full force and effect Signed sealed and dated JUNE 13, 1996 DBX IN MRPORATED BY M� (Seal) Principal G 23054 A CONTINENTAL CASUALTY COM ANY by Attorney in Fact DIANA LASKOWSKI �• 4 • CALIFOIMA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 6-13-96 before me, KAREN CHANDLER - NOTARY PUBLIC personally appeared DIANA LASKOWSKI personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her autnorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal U�- Karen Chandler Comm #1076369 NOTARY PUBLIC C,LIFORNIAI" Signature Of Notary Public C ORANGE COUNTY 0 G o Ccmm Exp March 27 2000 OPTIONAL Though the data below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCEWNT NUMBER OF PAGES 1 DATE OF DOCL'2,%W 6 -13 - 9 6 CAPACITY CIA1249D BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER SIGNER IS REPRESENTING CONTINENTAL CASUALTY COMPANY NAME OF PERSON(S) OR ENTI- (S) Continental Casualty Compo CJ "CNA Ftw All IM ( mmnnM nt 1 it MAk AN ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY IN FACT Know All Men by these Presents That CONTINENTAL CASUALTY COMPANY a corporation duly organized and existing under the laws of the State of Illinois and having Its principal office in the City of Chicago and State of Illinois does hereby make constitute andappointDAV1d I _ Gtilbertson, Chuck L Flake, Linda L Culbertson, Diana Laskowski, Individually o• Anaheim California Its true and lawful Attorney in fact with full power and authority hereby conferred to sign seal and execute in its behalf bonds undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed This Power of Attorney is made and executed pur uant o and by authority of the following By Law duly adopted by the Board of Directors of the Company Article IX —Execution of Documents Section 3 Appointment of Attorney in fact The President or a Vice President may from time to time appoint by writtencertificates attorneys in fact to act in behalf of the Company in the excecution of policies of insurance bonds undertakings and other obligatory instruments of like nature Such attorneys in fact subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney in fact This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April 1957 Resolved that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By Laws and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company Any such power so executed and sealed and certified byy certificate so executed and sealed shall with respect to any bond or undertaking to which it is attached continue to be valid and bfndino on the Company In Witness Whereof CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 30th day of January _ 19_ 91 CONTINENTAL CASUALTY COMPANY CLf State of Illinois I County of Cook ( ss J E Purtell Vice President On this 30th day of January 19 91 before me personally came J E Purtell to me known who being by me duly sworn did depose and say that he resides in the Village of Glenview State of Illinois that he is a Vice President of CONTINENTAL CASUALTY COMPANY the corporation described in and which executed the above instrument that he knows the seal of said Corporation that the seal affixed to the said instrument is such corporate seal that it was so affixed pursuant to the said instrument is such corporate seal that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority and acknowledges same to be the act and deed o said corporation C O NOTARY PUBLIC c-0 Linda C Dempsey tary Public CERTIFICATE My Commission Expires Oct e 19, 1994 1 George R Hobaugh Assistant Secretary of CONTINENTAL CASUALTY COMPANY do hereby certify that the Power of Attorney herein above set forth is still in force and further certify that Section 3 of Article IX of the By Laws of the Company and the Resolution of the Board of Directors set forth in said Power of Attorney are still in force In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this 13TH day of JUNE 19 96 r`/ = bl George R Hobaugh Assistant Secretary °J SEAL C? Form 123142 B INV NO G 59200 E �ECEIYEC L 'T" " Er1P i Y 7v HURT UGTgh I I, 11 IF AN 26 2 of Pfl '96 3/�3� & /3oi 4/0 NOTICE INVITING SEALED BIDS for CC-1025 Community Development Block Grant Funded Project Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall 2000 Main Street Huntington Beach California until the hour of 2 00 PM on Wednesday, June 26, 1996 at which time bids will be opened publicly and read aloud in the Council Chambers for the Traffic Signal Installation at Florida Street and Garfield Av enue Project located in the City of Huntington Beach This project is federally funded in part by the Community Development Block Grant program and all requisites of Title 24 of the Code of Federal Regulations apply including Section 3 Part 135 (directing economic opportunities to low and very low-income persons) A set of plans specifications and contract documents may be obtained starting Tuesda3, Mav 18, 1996 at City Hall Department of Public Works upon receipt of a non-refundable fee of $20 00 if picked up or $25 00 if mailed sales tax included Each bid shall be made on the Proposal Form and in the manner provided in the contract documents and shall be accompanied by a certified or cashier s check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach The Contractor shall in the performance of the work and improvements conform to the Labor Code of the State of California and other laws of the State of California applicable thereto with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code Preference to labor shall be given only in the manner provided by law No bid shall be considered unless it is made on a form furnished by the City of Huntington Beaci and is made in accordance with the provisions of the proposal requirements Each bidder must be licensed and also prequalified as required by law The City Council of the City of Huntington Beach reserves the right to reject any or all bids By order of the City Council of the City of Huntington Beach California the 6th of May, 1996 Connie Brockway City Clerk Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 0017766 01 0 RECEiVEG CM ail` )F HUNTIkC i Q4 s tit May 17 Its 51 UI °96 *QUEST FOR COUNCIL ACAN �&ct MEETING DATE May 6, 1996 DEPARTMENT ID NUMBER PW 96-016 Council/Agency Meeting Held 5--6 Deferred/Continued to pproved ❑ Conditionally Approved ❑ Denied City Clerks SIgnature Council Meeting Date May 6 1996 Department ID Number PW 96-016 REQUEST FOR COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY MIICHAEL IX2 T UBERUAGA City Administratc PREPARED BY "LES M JONES II Director of Public Works SUBJECT Traffic Signal Installation at Florida Street a CC-1025 AUTHORIZATION TO ADVERTISE iue Statement of Issue Funding Source Recommended Action Alternative Action Analysis Environmental Status Attachment( Statement of Issue Plans and specifications for the Traffic Signal Installation at Florida Street and Garfield Avenue (CC 1025) are complete and City Council approval is required to advertise the project Funding Source Funds for the traffic signal installation project are in the Community Development Block Grant accounts E-HN ED 845 6 32 00 ($25 981) and E-HO-ED 845-6 32 00 ($79 019) totaling $105 000 The engineers probable construction cost estimate for the project is $104 850 Recommended Action 1 Approve the plans and specifications for the traffic signal installation at Florida Street and Garfield Avenue (CC 1025) and authorize the Director of Public Works to advertise the project 2 Approve the attached sample construction contract subject to award of contract to Council approved lowest responsible bidder and 3 Approve the purchase of traffic signal poles mast arms luminaire mast arms and other City - supplied signal appurtenances for this construction project Alternative Action(s) 1 Approve plans and specifications but do not advertise to bid 2 Do not approve the sample contract for the project 3 Do not approve the advance purchase of the traffic signal poles mast arms luminaire mast arms and other City -supplied signal appurtenances 4 Do not approve the plans and specifications and direct staff to prepare plans for an alternative, 9 design 0017553 01 2 04/18/96 4 28 PM REQUEST FOR COUNCIL ACT MEETING DATE May 6, 1996 DEPARTMENT ID NUMBER PW 96-016 Analysis This project is within the Amberleaf Enhancement Area between census tracts 993 05 and 994 13 a target area for the Community Development Block Grant (CDBG) program At its August 21 1995 meeting City Council approved the reprogramming of $105 000 in CDBG funds to this project as it was #5 on the Traffic Signal Installation and Modification Priority List and was located in the enhancement area The installation of the traffic signal at Florida Street and Garfield Avenue is warranted Staff will purchase the traffic signal poles and other signal appurtenances prior to the award of the contract because the delivery time is approximately 12 - 16 weeks from when the signal poles are ordered Advance purchase of the poles will shorten the time required to complete the project by approximately four months As these are federal funds a determination on the applicability of the Housing and Urban Development Act of 1968 as amended in 1992 Section 3 Title 24 Code of Federal Regulations Part 135 is needed The purpose of Section 3 is to provide economic opportunities to low-income persons and businesses According to HUD regulations Section 3 does not apply to this project as it is less than $200 000 and the contract will be less than $100 000 Environmental Status This project is categorically exempt pursuant to the California Environmental Quality Act Section 15301(c) Attachment(s) 1 Project Location Map 2 Sample Contract 3 Special Provisions MTU/LMJ/REE/JDO/tae TAE 175530 0017553 01 3 04/18/96 4 28 PM Q� S BOLSA AVE NCO to fN t/1 (n Mc FADDEN AVE zEDINGER N N AVE J z U w a 0 = oHEIL U a o o 3w a AVE W-Zao z a v) o a A WRSLATERTA ocz AVEN � AVE w ma LBERT AVE PACIFIC ELus AVE �71 00;'2v fo-< _AN TA w U a w OCEAN 405 J PROJECT LOCATION 3 4F AVE N (n (n U1 YORKTOWN AVE DAMS AVE N ac af APOLIS AVE _ Y O O a J O ai J z = AVE m c� Cn z HAMILTON cn AVE ��� BANNING Date Traffic Signal Location Map CI nDIf1A CT ril f`ADC1C1 f1 AX/C Page __ of __ . jj iff tow DEPARTMENT OF PUBLIC WORKS G \ACAO\CC1025\LM10250WG FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OFHUNTINGTON BEACH AND FOR TRAFFIC SIGNAL INSTALLATION AT FLORIDA STREET AND GARFIELD AVENUE (CC 1025) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 TABLE OF CONTENTS Page No STATE OF WORK ACCEPTANCE OF RISK 2 ACCEPTANCE OF CONDITIONS OF WORK PLANS 4 COMPENSATION 5 COMMENCEMENT OF PROJECT 5 TIME OF THE ESSENCE 5 CHANGES 6 NOTICE TO PROCEED 7 BONDS 7 WARRANTIES 7 CALIFORNIA FAIR EMPLOYMENT 7 CALIFORNIA PREVAILING WAGE LAW 8 CALIFORNIA PREVAILING WAGE LAW PENALTY 8 CALIFORNIA EIGHT HOUR LAW 8 CALIFORNIA EIGHT HOUR LAW PENALTY 9 PAYMENT OF TRAVEL 9 EMPLOYMENT APPRENTICES 9 PAYROLL RECORDS 9 INDEPENDENT CONTRACTOR 9 LIQUIDATED DAMAGES/DELAYS 10 DIFFERING SITE CONDITIONS 11 VARIATIONS IN ESTIMATED QUANTITIES 12 PROGRESS PAYMENTS 12 WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES 13 AFFIDAVITS OF SATISFACTION OF CLAIMS 14 WAIVER OF CLAIMS 14 INDEMNIFICATION DEFENSE HOLD HARMLESS 14 WORKERS COMPENSATION INSURANCE 14 INSURANCE 15 CERTIFICATES OF INSURANCE ADDITIONAL INSURED 15 DEFAULT & TERMINATION 16 DISPOSITION OF PLANS ESTIMATES AND OTHER 16 NON ASSIGNABILITY 17 CITY EMPLOYEES AND OFFICIALS 17 STOP NOTICES 17 NOTICES 17 CAPTIONS 18 FEDERAL PARTICIPATION 18 DAVIS BACON ACT 18 DISCRIMINATION 18 EQUAL EMPLOYMENT OPPORTUNITY 19 COPELAND ACT 19 CONTRACT WORK HOURS 20 CLEAN AIR ACT 20 ENERGY CONSERVATION 21 HOUSING AND URBAN DEVELOPMENT 21 LEGAL SERVICES SUBCONTRACTING PROHIBITED 21 ATTORNEY FEES 22 ENTIRETY 22 SAMPLE 3/K/AGREFJTRAFFlc/3/ 15/96 • • SAMPLE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TRAFFIC SIGNAL INSTALLATION AT FLORIDA STREET AND GARFIELD AVENUE (CC-1025) THIS AGREEMENT is made and entered into on this day of 199_ by and between the CITY OF HUNTINGTON BEACH a Municipal Corporation of the State of California hereinafter referred to as CITY " and a hereinafter referred to as CONTRACTOR WHEREAS CITY solicited bids for a Public Works PROJECT hereinafter referred to as "PROJECT' more fully described as traffic signal installation at Florida Street and Garfield Avenue in the City of Huntington Beach California and Housing and Urban Development Act of 1968 as amended in 1992 Section 3 Title 24 Code of the Federal Regulations Part 135 Economic Opportunities for Low- and Very Low Income Persons Section 3 contract clauses the work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 as amended 12 U S C 1701 u (section 3) The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3 shall to the greatest extent feasible be directed to low- and very low-income persons particularly persons who are recipients of HUD assistance for housing and CONTRACTOR has been selected and is to perform said work NOW THEREFORE in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows 1 SAMPLE 34JAGREF/7RAFFIc/3/15/96 STATEMENT OF WORK, ACCEPTANCE OF RISK The parties to this contract agree to comply with HUD s regulations in 24 CFR part 135 which implement Section 3 As evidenced by their execution of this contract the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding if any a notice advising the labor organization or worker's representative of the CONTRACTOR s commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice The notice shall describe the Section 3 preference shall set forth minimum number and job titles subject to hire availability of apprenticeship and training positions the qualifications for each and the name and location of the persons taking applications for each of the positions and the anticipated date the work shall begin CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135 and agrees to take appropriate action as provided in an applicable provision of the subcontract or in this Section 3 clause upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135 CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135 CONTRACTOR will certify that any vacant employment positions including training positions that are filled (1) after the contractor is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR s obligations under 24 CFR part 135 2 SAMPLE 3/1JAGREEJTRAFF]d3/ 15/96 CONTRACTOR agrees and understands that noncompliance with HUD s regulations in 24 CFR part 135 may result in sanctions termination of this contract for default and debarment or suspension from future HUD assisted contracts and With respect to work performed in connection with Section 3 covered Indian housing assistance Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U S C 450e) also applies to the work to be performed under this contract Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible but in derogation of compliance with Section 7(b) CONTRACTOR shall furnish at its own expense all labor plant tools equipment supplies transportation utilities and all other items services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project during its progress or prior to acceptance from the action of the elements from any unforeseen difficulties which may arise or be encountered in the prosecution of work and for all other risks of any description connected with the work including but not limited to all expenses incurred by or in consequence of the suspension or discontinuance of work except such as are herein expressly stipulated to be borne by CITY and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed in accordance with the stipulated prices named in the Bid Sheet(s) 3 SAMPLE 3/1,JAGREE/TRAFFic/3/15/96 2 ACCEPTANCE OF CONDITIONS OF WORK, PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all of the terms conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined) the location of the job site and the conditions under which the work is to be performed and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY It is agreed that the Contract Documents are incorporated into this Agreement by this reference with the same force and effect as if the same were set forth at length herein and that CONTRACTOR and its subcontractors if any shall be bound by said Contract Documents insofar as they relate in part or in any way directly or indirectly to the work covered by this Agreement Contract Documents' as defined herein mean and include A This Agreement B Bonds covering the work herein agreed upon C The 1994 edition of Standard Specifications for Public Works Construction published by Builders News Inc 3055 Overland Avenue Los Angeles California 90034 and all amendments thereto written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee D Bid documents including the Notice Inviting Bids the Special Instructions to Bidders and the CONTRACTOR s proposal (attached hereto as Exhibit A ) E The particular plans specifications special provisions and addenda applicable to the PROJECT Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications shall be of like effect as if indicated and mentioned in both In case of discrepancy between any plans specifications special provisions or addenda the matter shall be immediately submitted by CONTRACTOR 4 SAMPLE 3/1./ncPEFJTRAFFic/3/ 15/96 0 • to the Department of Public Works of CITY (hereinafter referred to as DPW) without whose decision said discrepancy shall not be adjusted by CONTRACTOR save only at its own risk and expense Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith 3 COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement subject to any additions or deductions made under the provisions of this Agreement or the contract documents a sum not to exceed Dollars ($ ) as set forth in the Contract Documents to be paid as provided for by the terms and conditions of this Agreement 4 COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within () calendar days from the execution of this Agreement by CITY excluding delays provided for herein 5 TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the contract Documents CONTRACTOR shall prepare and obtain approval as required by the contract Documents for all shop drawings details and samples and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the contract Documents CONTRACTOR shall coordinate its work with the work of all other contractors subcontractors and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this 5 SAMPLE 3/1,JACREF/T RAFFI c/3/ 15/96 0 • Agreement CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors subcontractors and CITY forces and in general all matters concerning the timely and orderly conduct of the work on CONTRACTOR on the premises 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the contract documents unless a change therefrom is authorized in writing by the DPW CONTRACTOR agrees to make any and all changes furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing Under no condition shall CONTRACTOR make any changes without the written order of the DPW and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in wnting by the DPW When directed to change the work CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change Should the DPW not agree to such cost proposal the work shall be performed according to the changes ordered in wnting by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pncing data submitted by the CONTRACTOR thereupon CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly 7 NOTICE TO PROCEED No work services material or equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued In the event of a delay in commencement of the work due to unavailability of the job site for any reason relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability 6 SAMPLE 3/x/AGRFE/TRAFFIc/3/ 15/96 8 BONDS CONTRACTOR shall prior to entering upon the performance of this Agreement furnish the following three bonds approved by the City Attorney One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR s faithful performance of the work one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished 9 WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including but not limited to any installation fabrication material or structural facilities constructed CONTRACTOR within ten (10) days after notice by CITY of any defect in the work shall have the option to make appropriate repairs or replace the defective item or items Upon expiration of such ten (10) day period CITY may then make appropriate repair or replacement at CONTRACTOR s risk and expense 10 CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT CONTRACTOR agrees to comply with all requirements and utilize fair employment practices in accordance with the California Government Code sections 12900 et seq 11 CALIFORNIA PREVAILING WAGE LAW The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement and the same has been set forth by resolution on file in the office of the City Clerk of CITY CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public Works Agreement as required by California Labor Code Sections 1771 and 1774 In 7 SAMPLE 3hJncP,EeJrwFFic/3/15/96 accordance with the provisions of Section 3700 of the California Labor Code CONTRACTOR agrees to secure payment of compensation to every employee 12 CALIFORNIA PREVAILING WAGE LAW PENALTY Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code CONTRACTOR shall a penalty to CITY forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work 13 CALIFORNIA EIGHT -HOUR LAW California Labor Code Sections 1810 of seq shall apply to the performance of this Agreement thereunder not more than eight (8) hours shall constitute one day s work and CONTRACTOR and each subcontractor employed by its hereunder shall not require more than eight (8) hours of labor per day or forty (40) hours per week from anv one person employed by it hereunder except as stipulated in California Labor Code Section 1815 CONTRACTOR and each subcontractor employed by it hereunder shall in accordance with California Labor Code section 1812 keep an accurate record open to inspection at all reasonable hours showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT 14 CALIFORNIA EIGHT HOUR LAW PENALTY Pursuant to this Agreement and in accordance with California Labor Code Section 1813 CONTRACTOR shall as a penalty to CITY forfeit twenty five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of California Labor Code Section 1815 8 SAMPLE 3/OAGREFJTRAFFic/3/ 15/96 • 0 15 PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773 8 of the California Labor Code regarding the employment of apprentices is applicable to this PROJECT 16 EMPLOYMENT OF APPRENTICES Section 1777 5 of the California Labor Code regarding the employment of apprentices is applicable to this PROJECT 17 PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name address social security number work classification straight time and overtime hours worked each day and week and the actual per diem wages paid to each journeyman apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same CONTRACTOR further agrees that its payroll records and those of its subcontractors if any shall be available at all reasonable times to the CITY and the employee or his representative and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards and to comply with all of the provisions of California Labor Code Section 1776 in general 18 INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is and shall be acting at all times hereunder as an independent contractor and not as an employee of CITY CONTRACTOR shall secure at its expense and be responsible for any and all payment of income tax social security state disability insurance compensation unemployment compensation and other payroll deductions for CONTRACTOR and its officers agents and employees and all business licenses if any in connection with the PROJECT 19 LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein damage will be sustained by CITY and that it is 9 SAMPLE 3/0AGREE/TRAFFjc/3/15/96 and would be impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay it is therefore agreed that CONTRACTOR will pay to CITY as liquidated damages and not as a penalty the sum of Dollars ($ ) per day for each and every working days delay in completing the work in excess of the number of working/calendar days set forth in section 4 herein which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons of such delay and CONTRACTOR agrees to pay said damages herein provided and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR including but not restricted to acts of God or of the public enemy fire floods epidemics quarantine restrictions strikes unsuitable weather or delays of subcontractors due to such causes CONTRACTOR shall within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement) notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if in its Judgment the findings of fact thereon Justify the delay and the decision of the DPW shall be conclusive on the parties hereto Should CONTRACTOR be delayed in the prosecution or completion of the work by the act neglect or default of CITY or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY or by damage caused by fire or other casualty at the Job site for which CONTRACTOR is not responsible or by the combined action of the workers in nowise caused by or resulting from default or collusion on the part of CONTRACTOR or in the event of a lockout by CITY then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus 10 SAMPLE 3/k/AGREF/TRAFFIc/3/ 15/96 been delayed but no allowance or extension shall be made unless a claim therefor is presented in wnting to CITY within fifteen (15) days of the commencement of such delay No claim for additional compensation or damages for delays irrespective of the cause thereof and including without limitation the furnishing of matenal by CITY or delays by other contractors or subcontractors will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR 20 DIFFERING SITE CONDITIONS (1) Notice The CONTRACTOR shall promptly and before such conditions are disturbed notify the DPW in writing of (a) subsurface or latent physical conditions at the Job site differing matenally from those indicated in this Agreement or the contract documents or (b) unknown physical conditions at the Job site of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement whether or not changed as a result of such conditions an equitable adjustment shall be made and the Agreement modified in writing accordingly (2) Time extension No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder provided however the time prescribed therefor may be extended by CITY 21 VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT in accordance with the plans and specifications Upon completion of the PROJECT if the actual quantities used are either more than or less than the 11 SAMPLE 34JAGREF/TRAFFid3/ 15/96 quantities listed in the bid schedule the bid price shall prevail subject to the provisions of this section The DPW may at its sole discretion when warranted by the fact and circumstances order an equitable adjustment upwards or downwards in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement If the quantity variation is such as to cause an increase in the time necessary for completion the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant 22 PROGRESS PAYMENTS Each month the DPW will make an estimate to writing of the work performed by CONTRACTOR and the value thereof From each progress estimate ten percent (10%) will be deducted and retained by CITY and the remainder less the amount of all previous payments since commencement of the work will be paid to CONTRACTOR When CONTRACTOR has in the judgment of the DPW faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule and if the DPW finds that satisfactory progress has been and is being made the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT as determined by DPW less all previous payments and less all previous retained amounts The final payment if unencumbered or any part thereof unencumbered shall be made thirty five (35) days after the acceptance of the work and the filing of a notice of completion by CITY Payments shall be made on demands drawn in the manner required by law each payment to be accompanied by a certificate signed by the DPW affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement Partial payments on the contract price shall not be considered as an acceptance of any part of the work 12 SAMPLE 3/1,/AGREE/TRAM c/3/ 15/96 A • 23 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR who shall retain beneficial ownership and receive interest if any thereon CITY shall permit the substitution and deposit therewith of secunties equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement 24 AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed all firms supplying materials and all subcontractors upon p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material except certain times if any to be set forth in an affidavit covering disputed claims or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California 25 WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement 26 INDEMNIFICATION, DEFENSE HOLD HARMLESS CONTRACTOR hereby agrees to protect defend indemnify and hold and save harmless CITY its officers and employees against any and all liability claims judgments costs and demands however caused including those resulting from death or injury to CONTRACTOR s employees and damage to CONTRACTOR s property arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR including those arising from the passive concurrent negligence of CITY but save and except those which arise out of the active concurrent negligence sole negligence or the sole willful misconduct of CITY CONTRACTOR will conduct all defense at its sole cost and expense CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation 13 SAMPLE 3/K/AGRFF/TR.Amc/3/ 15/96 27 WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code section 1861 CONTRACTOR acknowledges awareness of section 3700 of seq of said Code which requires every employer to be insured against liability for workers compensation CONTRACTOR covenants that it will comply with such provisions pnor to commencing performance of the work hereunder CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100 000) bodily injury by accident each occurrence One Hundred Thousand Dollars ($100 000) bodily injury by disease each employee Two Hundred Fifty Thousand Dollars ($250 000) bodily injury by disease policy limit CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors employees CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation 28 INSURANCE CONTRACTOR shall carry at all times incident hereto on all operations to be performed hereunder general liability insurance including coverage for bodily injury property damage products/completed operations and blanket contractual liability Said insurance shall also include automotive bodily injury and property damage liability insurance All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations subcontract work contractual obligations product or completed operations and all owned vehicles and non owned vehicles Said insurance policies shall name the CITY and its officers agents and employees and all public agencies as determined by the CITY as Additional Insureds CONTRACTOR shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement in a amount of not less than One Million Dollars ($1 000 000) combined single limit coverage If coverage is provided under a form which includes a designated aggregate limit such limit shall be no less than One Million 14 SAMPLE 34JAGREEJTRAFFic/3/15/96 • 0 Dollars ($1 000 000) In the event of aggregate coverage CONTRACTOR shall immediately notify CITY of any known depletion of aggregate limits CONTRACTOR shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same 29 CERTIFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required herein said certificates shall provide the name and policy number of each carrier and policy and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days pnor written notice to CITY CONTRACTOR shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY The requirement for carrying the foregoing insurance coverage shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the terms of this Agreement CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance CONTRACTOR shall pay in a prompt and timely manner the premiums on all insurance policies hereunder required A separate copy of the additional insured endorsement to each of CONTRACTOR s insurance policies naming the CITY its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder 30 DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence or fails to complete the work within the time specified or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent or violates any 15 SAMPLE 3/k/ncREF/rRAFFic/3/ 15/96 • 0 provision of this Agreement or the contract documents CITY may give notice in writing of its intention to terminate this Agreement Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR CITY may without prejudice to any other remedy it may have terminate this Agreement upon the expiration of that time Upon such default by CONTRACTOR CITY may elect not to terminate this Agreement in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR 31 DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder or upon earlier termination of this Agreement all original plans specifications drawings reports calculations maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost 32 NON ASSIGNABILITY CONTRACTOR shall not sell assign transfer convey or encumber this Agreement or any part hereof or any right or duty created herein without the prior written consent of CITY and the surety 33 CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement No officer or employee of Cl T Y shall have any financial interest in this Agreement in violation of California Government Code sections 1090 of seq 34 STOP NOTICES, RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees costs and necessary disbursements arising out of the processing of Stop Notices notices to Withhold or any similar legal document Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop notice filed in excess of two regardless of 16 SAMPLE 34JAGREe/TR.AM d3/ 15/96 whether or not CITY is named in an action to enforce such stop notices CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement 35 NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made at the place of business of such party or to any other place designated in writing by such party 36 CAPTIONS Captions of the section of this Agreement are for convenience and reference only and the words contained therein shall in no way be held to explain modify amplify or aid in the interpretation construction or meaning of the provisions of this Agreement 37 FEDERAL PARTICIPATION The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America Several contract provisions embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance As federal funds are financing all or part of this work all of the statutes rules and regulations promulgated by the Federal Government and applicable to the work will apply and CONTRACTOR agrees to comply therewith 38 DAVIS BACON ACT CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a et seq ) for each craft or type of worker needed to perform this Agreement CONTRACTOR agrees to comply with all applicable federal labor standards provisions said provisions are incorporated herein by this reference 17 SAMPLE 3hJAGREE/TRAFFI c/3/ 15/96 39 DISCRIMINATION, MINORITIES, ALIENS CONTRACTOR shall not discriminate nor allow its employees agents principals or subcontractors to discnminate against any employee or applicant for employment on the'basis of race religious creed national ongm or sex CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible 40 EQUAL EMPLOYMENT OPPORTUNITY The CONTRACTOR will comply with all provisions of Executive Order 11246 entitled 'Equal Employment Opportunity and amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR part 60) CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race color religion creed national origin sex or age to ensure equality of opportunity in all aspects of employment Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701 et seq ) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq )prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability To ensure compliance with these requirements the CONTRACTOR shall provide the C its written affirmative action plan prior to commencement of work The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable 18 SAMPLE 3/k/ACREE/TRAFFJ c/3/ 15/96 41 COPELAND ANTI KICKBACK ACT CONTRACTOR and its subcontractors shall comply with the provisions of the Copeland Anti Kickback Act (18 USC Section 874) as supplemented in Department of Labor regulations which Act provides that each shall be prohibited from including by any means any person employed in the construction completion or repair of public work to give up any part of the compensation to which he is otherwise entitled 42 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq) as supplemented by Department of Labor regulations (29 CFR part 5) Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary hazardous or dangerous to his health and safety as determined under construction safety and health standards promulgated by the secretary of Labor These requirements do not applv to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation 43 IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed on the date of contract award on the United States Environmental protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 1520 19 SAMPLE 3/K/ncxseJTRAMc/3/ 15/96 • 0 (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder (c) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director office of Federal Activities EPA indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the DPA List of Violating facilities (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract and further agrees to take such action as the Government may direct as a means of enforcing such requirements 44 ENERGY CONSERVATION Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201 et seq ) 45 HOUSING AND URBAN DEVELOPMENT CONTRACTOR agrees to comply with any and all rules regulations guidelines procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith 46 LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services and that such legal services are expressly outside the scope of services contemplated hereunder CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309 the City Attorney is the exclusive legal counsel for 20 SAMPLE 34JAGREE/TRAFFIc/3/15/96 s w CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR 47 ATTORNEY FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof each party shall bear its own attorney fees 48 ENTIRETY The foregoing represents the entire Agreement between the parties IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by and through their authorized officers the day month and year first above written CONTRACTOR By print name ITS (circle one) Chairman/PresidentfVice President By print name ITS (circle one) Secretary/Chief Financial Officer/Asst Secretary Treasurer REVIEWED AND APPROVED City Administrator CITY OF HUNTINGTON BEACH A municipal corporation of the State of California Mayor ATTEST City Clerk APPROVED AS TO FORM City Attorney INITIATED AND APPROVED Director of Public Works 21 SAMPLE 3/K/AGREF/7RAFFIc/3/ 15/96 ATTACHMENT 3 --Jl Jpnnadd p��� F\', No 1518 Exp /a James D CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND STREET LIGHTING 0 THE CITY OF HUNTINGTON BEACH 1995 EDITION Prepared Under the Supervision of C r No 38580 *\ Exp 3 1H'7 %* b i "lqT CIVI�- City Traffic Engineer, R.0 E 38580, R.T E 1578 m�P� E�Qtie��Fy\ Approved by 0 a Na 2092, s� `xp 9 30 97 * rTa.� CN\\- _ vl R -1B19 5- Robert E Eichblatt, City Engineer, RC E 20921 Date Date Page 2 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND STREET LIGHTING THE CITY OF HUNTINGTON BEACH 1995 EDITION Installation of new or modification of existing traffic signals, systems, street lighting and Emergency Vehicle Pre-emption equipment shall conform to the provisions in Section 86 "Signals and Lighting" of the Standard Specifications, and the Standard Plans of the State of California Department of Transportation dated July 1992 applicable sections of the National Electrical Code, current City of Huntington Beach Standard Plans the plans and these special provisions The City of Huntington Beach Traffic Engineer shall be the sole arbiter of the prevailing specification should a conflict anse between Section 86 of the Standard Specifications and the Standard Plans of the State of California, Department of Transportation, the National Electrical Code current City of Huntington Beach Standard Plans the plans and these special provisions Such other items or details not mentioned that are required by the plans Caltrans Standard Specifications Caltrans Standard Plans, the National Electrical Code current City of Huntington Beach Public Works Department Standard Plans, or these Special Provisions shall be performed placed, constructed or installed to provide a totally functiorung operation as intended The contractor shall supply all materials and equipment necessary to perform the work as specified herein unless noted otherwise on the plans The following items are modifications to specific portions of Section 86 "Signals and Lighting" of the July, 1992 Standard Specifications and Standard Plans of the Department of Transportation (Caltrans) of the State of California 86-1 015 Definitions The following terms and definitions shall be added to §86-1 015 The city shall be defined as the City of Huntington Beach The Engineer shall be defined as the City of Huntington Beach Traffic Engineer or his representative The phrases 'State owned" "State furnished", or State supplied" (and similar terms) shall mean City of Huntington Beach owned City of Huntington Beach furnished or City of Huntington Beach supplied unless noted otherwise on the plans #13180 �► A Page 3 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition The phrase `Or approved equal shall mean City of Huntington Beach approved equal 86-1 03 Equipment List and Drawings The following shall be added to §86-1 03 One (1) complete set of project plans and these special provisions shall be kept on the job at all times, to be used as record drawings Throughout the duration of the contract work, it shall be the responsibility of the Contractor to maintain a currently updated record of all construction changes and variations from the contract drawings Two (2) complete sets of "As -Built" pants shall be delivered to the Traffic Engineer 2000 Man Street Huntington Beach, CA 92648 upon completion of the work The contractor shall keep at least one copy of the current State of California Department of Transportation (Caltrans) Standard Plans and Standard Specifications on the job at all times 86-1 04 Warranties. Guarantees and Instruction Sheets §86-1 04 shall be amended to read Materials lists manufacturer's data warranties guarantees, brochures technical data operating manuals etc shall be labeled and identified and shall be submitted in bound booklet form prior to acceptance of the project 86-1 05 Maintaining Existing and Temporary Electrical Systems The first sentence of the sixth paragraph shall be amended to read as follows Where damage is caused by the Contractor's operations the Contractor shall, at his expense, repair or replace damaged facilities within twenty four hours in accordance with these specifications 86-1 06 Scheduliny, of Work The ninth paragraph shall be amended to read as follows Functional tests shall start on any working day except Monday or Friday or the day preceding or following a legal holiday 86-2 01 Excavating and Backfiling The following shall be added to §86-2 01 #13180 Page 4 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition Backfilling in roadway areas shall be with one (1) sack P C C slurry to bottom of roadway surfacing material unless otherwise directed by the Engineer or shown on the plans Backfill in all trenches and pull box sumps not in roadway areas shall be compacted to 90% Relative Compaction unless directed otherwise by the Engineer 86-2 02 Removing and Replacing Improvements The second paragraph shall be amended to read as follows Whenever a part of a square or slab of existing concrete sidewalk, curb gutter, or driveway is broken or damaged the sidewalk, curb gutter or driveway shall be removed completely from score line to score line Sidewalk shall be replaced per the see City of Huntington Beach Standard Plan No 217 Driveways shall be replaced at the direction of the Engineer Portland Cement Concrete (P C C ) shall conform to §303-5 of the latest Standard Specifications for Public Works Constriction (commonly referred to as the "Green Book") Improvements shall be installed per the latest City of Huntington Beach Public Works Department Standard Plans Signal and street lighting pole bases to be removed shall be replaced with one (1) sack P C C slurry unless specified otherwise on the plans 86-2 03 Foundations The following shall be added to §86-2 03 The contractor shall construct the cabinet foundations as shown on State Standard Plan ES-413 for Type P cabinets and State Standard Plan ES-2E for Type III electrical service cabinets including furnishing and installing anchor bolts (except that foundation shall extend 18" above grade and not as shown on the standard plans) and shall install the cabinets on said foundation, unless shown otherwise on the plans A ground electrode (for radio interference suppression purposes only) shall be installed towards the front of the cabinet foundation and in the general vicinity of the cabinet door hinge This electrode shall not be connected to any electrical circuit grounding conductor 86-2 05 Conduit §86-2 05A Material The first paragraph shall be amended to read All new buried conduit except as noted on the plans shall be Schedule 80 rigid non-metallic type conforming to UL Publication LTL651 for rigid non-metallic conduit Non-metallic bell end buslungs, Carlon plus E997J or approved equal are to be placed on the terminating ends of all conduits prior to installing the conductors #13180 0 Page 5 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition §86-2 05B Use The third paragraph, item number six shall be amended to read Not otherwise specified shall be 2-inch 86-2 05C Installation The eleventh paragraph shall be amended to read A No 12 copper pull wire shall be installed in all conduits which are to receive future conductors At least 2-feet of pull wire shall be doubled back into the conduit at each termination The thirteenth paragraph shall be amended to read Conduit shall be laid to a depth not less than 18 inches below or greater than 36 inches below grade in portland cement concrete sidewalk areas and curbed paved median areas, and not less than 30 inches below grade or greater than 48 inches below finished grade in all other areas, unless shown otherwise on the plans The sixteenth paragraph shall be amended to read The "Trenching in Pavement Method" is disallowed in the City of Huntington Beach unless previously authorized in writing by the Engineer for the individual installation location as shown on the plans The following conduit installation methods shall be the approved installation method unless noted otherwise on the plan Conduit shall be installed using drilling orjacking methods except in the following situations Conduit may be installed using mechanical trenching methods if the conduit is to be installed in a new street that has not been paved prior to conduit trenching 2 Conduit may be installed via manual trenclung methods in an existing paved street if a Jacking or drilling methods have been tried three times and subsurface conditions have prevented the successful installation of conduit b The inspector has determined that underground conditions or underground utilities male the use of jacking or drilling methods unsafe If this condition is applied manual trencing methods will be acceptable No machine trenching method will be allowed unless otherwise approved in writing by the engineer #13180 Page 6 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition The twenty-seventh paragi aph shall have these additional requirements Conduit entering bull boxes shall terminate a nurumum of 2" above the grouted bottom of the pull box and not less than 8" from the top of pull box The conduit shall be placed in a manner that facilitates pulling of conductors in a straight line and clearing box wall by 2" (angle of exit) 86-2 06 Pull Boxes 86-2 06A Materials The first paragraph shall be amended to read All new pull boxes shall be plastic except where noted otherwise on the plans All new pull box extensions shall be plastic, except where noted otherwise on the plans All new pull box lids shall be plastic except where noted otherwise on the plans Pull box lid bolt -down hardware shall be i equired unless noted otherwise on the plans All new pull boxes shall be No 6 unless noted otherwise on the plans New pull boxes and pull box lids shall be the following Christy Concrete Products Inc or approved equal Pull Box Size Pull Box (Christy Concrete Products, Inc Catalog No) Pull Box Lid (Christy Concrete Products, uric Catalog No ) 3 1 /2 FL9 FL9D 5 FL30 FL30D 6 FL36 FL36D TRAFFIC RATED PULL BOXES 3 1 /2 B 1017 B 1017-61 JH 5 B 1324 B 1324-61 JH 6 B 1730 B 1730-51 JH 86-2 06B Cover Markin - State Standard Plan ES-8 Pull Box Details" Note 4-a 5 and b 10 shall not apply to this project 86-2 06C Installation and Use The second paragraph shall be amended to read #13180 CJ 0 Page 7 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition All new pull box un,,tallatlons shall be grouted The pull boxes shall be bedded in crushed rock as shown on the plans and shall be grouted prior to the installation of conductors The grout shall be between 0 5 inch and one inch thick and shall be sloped toward the dram hole A layer of roofing paper shall be placed between the grout and the crushed rock sump A one inch dram hole shall be provided in the center of the pull box through the grout and the roofing paper The third paragraph shall be amended to read Where the sump of an existing pull box is disturbed by the contractor's operations the sump shall be reconstructed and if the sump was grouted the old grout shall be removed and new grout placed �A Mere the sump of an existing non grouted pull box is disturbed by the contractor's operations the sump shall be reconstructed and new grout and roofing paper shall be placed as desci abed above The following shall be added to §86-2 06C No new or exlstun� pull box shall be located in or within 1' of any wheelchair ramp 86-2 08 Conductors and NViuung The following shall be added to §86-2 08 Emergency vehicle pie emption (EVP) cable shall be continuous without splices from optical detector tocontuolleu cabinet 08A Conductor Identification The following shall be addcd to §86-2 08A Insulation color foi individual bicycle push button conductors shall be solid blue 86-2 08D Signal Cable The following shall be added to §86-2 08D The insulation color for bicycle push button conductors shall be identical to the corresponding pedestrian push button color as specified for Twenty-eight (28) Conductor Cable 86-2 08E Signal Interconnect Cable The first sentence of the fui st paragraph shall be amended to read #13180 • Page 8 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition Signal Interconnect Cable (SIC) shall consist of AWG No 20 (minimum) stranded, tinned copper conductor,, %\nth the number of pairs as specified on the plans (six pair minimum) The third paragraph shall be amended to read SIC shall be continuous between traffic signal controller cabinets without breaks or splices A minimum of six feet of slack shall be provided at each controller cabinet and a minimum of three (3) feet of slack shall be provided at each pull box The fourth paragraph shall be deleted from §86-2 08E The following shall be addecl to §86-2 08E The ends of the unused signal interconnect conductors in the cabinet shall be folded back and taped securely to the cable 86-2 09 Wiring 86-2 09B Installation The following shall be added to §86-2 09B Install from the cone oller cabinet one twenty-eight (28) signal conductor cable to each corner main pole terminal compartment The terminal compartment shall be mounted on the back side of the main pole N% ith ten (10) foot clearance From each main pole terminal compartment one twelve (12) and one three (3) conductor cable shall be installed to each of the Type 1-A poles 86-2 09C Connectors and Terminals The following shall be addccl to §86-2 09C Compression -type tei minals (spade or eyelet) shall not be permitted for termination on solid conductors 86-2 09D Splicing §86-2 09D shall be amencled to read Unless shown otherwise on the plans or perntted by the Engineer splices in traffic signal conductors shall not be made between terminal blocks Splices in street lighting (multiple circuit) conductor,, shall be made in the base of the standard or adjacent pull box Splices in intersection safety lighting conductors shall be made in the terminal compartment #13180 0 Page 9 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition Splices in street Ii, htmg conductors shall conform to §86-2 09E and Standard Plan ES-13 Splices shall be inti, ilited by Method B for Hand-crafted Insulation 86-2 10 Bonding and Grounding The second sentence of the seventh paragraph shall be amended to read Ground electrodes shall be one piece, 10-foot length, 5/8-inch nommal diameter stainless steel and meet the requn ements of the Code 86-2 11 Service The following shall be added to §86 2 11 Traffic signal sern icc equipment enclosures shall be furnished with the following unless shown otherwise on the Flans 1 50 amp bi eal,er for traffic signals (120V metered) 2 30 amp bi eal,er for safety lighting (120V unmetered) 3 20 amp bi e,il,er for internally illuminated street name sign (120V metered) 4 Safety In-liting contactor and test switch The eighth paragraph shall be amended to read Service equipment enclosures shall be fabricated from steel or stainless steel and conform to the requirements of tiS6 3 07A, "Cabinet Construction" Service equipment enclosures shall be provided with a baled enamel finish coat white in color and a method of securing the enclosure utilizing i I)adlock With a City -furnished padlock in place it shall not be possible to force entry into the enclosure by hand without the use of tools Service enclosures shall conform to City of I-Iuntington Beach Standard Plan No 402, unless shown otherwise on the plans Standard traffic signal installations will utilize the service pedestal for traffic signals as shown in City of Huntington Beach Standard Plan No 402 unless shown otherwise on the plans The eleventh paragraph sliall be amended to read For privately funded projects the Contractor shall be responsible for applying for and arranging with the serving utility to complete service connections for both temporary and permanent installations and the Contractor shall pay all costs and fees required by the utility #13180 Page 10 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition The twelfth paragraph shall be amended to read All costs of all elcm ical energy utilized until the successful completion of the functional testing penod(s) for new stieet lighting and/or traffic signal systems shall be the contractor's responsibility Upon the successful completion of the functional testing penod(s) the subsequent costs of all electrical energy utilized to operate the newly installed system shall be the responsibility of the City The fourteenth paragrapli ,liall be deleted from this section 86-2 14 Testing 86-2 14A Materials Testin1, The following shall be added to §86-2 14A For city funded of administered projects the city will be responsible for the costs of the initial soil and geotechnical material tests The costs of all subsequent soil or geotechrucal material tests deemed necessary due to the failure of the initial tests shall be the responsibility of the contractor The contractor shall be responsible for the costs of all soil and geotechnical materials testing foi I)i ivately funded projects, as required by the Engineer The second sentence of the fii st paragraph shall be amended to read The costs of all equipment and materials testing except as noted otherwise in this section, shall be the contractor s i esponsibility The fourth paragraph shall be amended to read The contractor shall allow 30 days for material and equipment testing from the date the material or equipment is delivered to the test site When the equipment or material being tested has been rejected for failure to comply with these specifications the contractor shall allow 30 days for subsequent retesting The retesting period shall begin when the corrected equipment or materials are made available at the test site The sixth paragraph shall be amended to read It is the contract oi s i esponsibility to pick up and deliver all required materials and equipment to and from the point of purchase the test site, and the work site The city shall not be responsible for prcl iil) or delivery of any materials or equipment unless noted otherwise on the plans or in these znecifications #13180 0 0 Page 11 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition 86-2 14C Functional Testin<� The first sentence of the 1 i 11 h nar igraph shall be amended to read The city shall be responsible for the costs of electrical energy for testing of modified city - owned street hghtin, and traffic signal systems The following shall be added to §86-2 14C The Contractor shall at his own expense arrange to have a signal techrucian, qualified to work on the controller a,senibly and employed by the controller assembly manufacturer or his representative, pi esent at the time the equipment is turned on, unless the controller cabinet is supplied by the Cit} 86-3 Controller Assemblie, 86-3 01 Controller Assembly The following shall be added to §86-3 01 Contractor shall firr rir,li the following items as a complete package 1 Caltrans \ lodel 170E Micro Processor Intersection Controller Unit Assembly supplied with a Sei i it Ettender Board and two each 1200/2400 Baud Modems (GDI Model 404 or appi oved equal) The controller assembly shall be configured and jumpered to have all Random Access Memory (RAM) and Programmable Read Only Memory (PROMS) on the Central Processor Unit (CPU) circuit board (configuration No 2 in the Calti an, Model 170E Operations Manual) The senal extender board shall access ACIA Port No 4 (COM 4) and shall provide a db 9 (female) plug on the face plate of the serial extender board The db 9 plug shall be configured for standard IEEE RS232C ,eiial port operations The removable circuit boards within the intersection controller unit assembly shall be installed individually in a vertical plane, parallel to one another The Model 170E controller unit assembly the serial extender board and 1200/2400 baud modems shall comply with the latest Caltrans Model 170 controller specification, and addendums No 5 & 6 and the Caltrans letter of understanding dated January 1, 1993 Only manufacturers listed on the current Caltrans Qualified Products Li,t shall be allowed to provide the controller assembly, serial extender board and modern modules The current Caltrans Qualified Products List shall be provided prior to coati oller unit assembly acceptance 2 Antares I , 170 to NEMA Adaptor Model I OOOOOOA (latest version) complete with D conneLtoi �vii ed complete to all pins one each per Model 170E controller assembly supplied #13180 Page 12 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition 86-3 05 Controller Assembly Testing The second sentence of t h, ,econd paragraph shall be amended to read A Certificate of Compliance with the approved procedure and a test report signed by a responsible manaving employee shall accompany each controller assembly submitted to city for acceptance prior to installation and functional testing in its final location 86-3 07 Controller Cabinet-, The following shall be added to �,86 3 07 Contractor shall Ills Wish a Type P cabinet with vehicle detector connecting cables conflict monitor and all ippuitenant equipment (including load switches and detector amplifiers) necessary to opei ite as intended per the plans The preferred manufacturers are Synchronex, Inc, Intersection Deg elopment Corporation (IDC) or Computer Service Company 86-3 07A Cabinet Consti action The following shall be added to 586-3 07A Cabinet shall be aluminum and painted white A steel or alunununi load switch bay shall be provided 86-3 07B Cabinet Ventilation The first paragraph of §86 ) 07B shall be amended to read Rain tight screenL-d \ ent holes shall not be provided Louvered vents with a permanent metal mesh and 14-inch by 10 inch by 1-inch 4-ply woven polypropylene air filter held firmly in place which is to permit the tan to pass the volume of air specified shall be provided in the cabinet door 86-3 07C Cabinet WirinL The following shall be added to §86-3 07C Flasher units shall I)e wired to flash phases 1 2 3 and 4 simultaneously and phases 5 6 7 and 8 simultaneously l'h�ises 1 2 3 and 4 shall not flash concurrently with phases 5 6 7 and 8 Cabinet shall incl I i D' connector (Amp Connector No 205842-1) furnished with all pins and configured a,, ,IioN\ n (Traconex 390) #13180 Page 13 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition CONN PIN 1/0 FUNCTION TERM _ 19 I SYSTEM ENABLE 141B 20 I DINMNG ENABLE 148A 37 I FLASH STATUS 150A 49 I EMERGENCY PREEMPT 1 135B 50 1 EMERGENCY PREEMPT 2 136B 54 I LOGIC GND 141 A 55 I EMERGENCY PREEMPT 3 137B 56 I EMERGENCY PREEMPT 4 138B 58 I CONFLICT STATUS 150B 60 1 FLASH COMMAND 149A 6, I CHASSIS GND 147A 86-3 07D Cabinet Accessoi i(-s The following shall be added to §86-3 07D Labels on detector,, and detector cables shall correlate controller phase designations with phase designations shoe n on the plans Cabinet shall be tuinished with a Detector Systems Inc Model DS-217 or 3M Model No M560 two position EVP equipment mounting rack, provided in the "flanges in" configuration 86-3 08 Auxiliary Equipmu-it 86-3 08B(1) Emergency Vchicle Pre-emption Equipment The following shall be added to §86-3 08B(1) The Contractor shall furnish and install optical detectors and detector cable and shall make all wiring connectionan s d aim detectors as specified by the manufacturer Optical detectors shall be 3M Model No 511 521 or 522 as shown on the plans Discnmmator modules shall be 3M Model No 562 Optical detector sip i> >l cable shall be 3M Model No M-138 or approved equal #13180 f� LJ 86-3 08C Morutonny, Device The following shall be added to §86-3 08C Page 14 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition Conflict monitor shall be Eberle Designs Inc Model SSM-12LEPR 86-3 081, Flasher The third paragraph shall be amended to read Flasher shall provide 2 output circuits to permit alternate flashing of signal faces and shall be capable of carrying -i minimum of 20 amperes per circuit at 120 volts 86-4 Vehicle Signal Faces and Signal Heads 86-4 01 Vehicle Signal Faces The following shall be added to §86-4 01 Signal section housings backplates and visors shall be plastic type unless noted otherwise on the plans All exposed fastener,, (except for signal door latches) shall have an anti -seize compound (No - Lox or approved equal) applied before installation 86-4 01 A Optical Units The following shall be added to the first paragraph Contractor shall supply and install all required light bulbs Vehicle indication light bulbs shall be Duro Test Maintenance Engineering or approved equal 86-4 0113 Signal Sections The following shall be added to §86-4 0 1 B All indications shall be 12 inch 86-4 05 Pedestrian Signals The following shall be added to §86-4 05 #13180 O • Page 15 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition Pedestrian signals shall be McCain Traffic Supply Model PS303S or approved equal, with clamshell mounting and Z-crate type screen The pedestrian signals shall be provided with tamper -resistant fash nets All pedestrian signal housings shall be polycarbonate All pedestrian signal screens shall be plastic All exposed fasteners shall have an anti seize compound (No -Lox or approved equal) applied before installation 86-4 06 Stanal Mountina A�tiemblies The following shall be added to §86-4 06 All exposed fastener e shall have an anti -seize compound (No -Lox or approved equal) applied before installation The fourth sentence of the fii,.t paragraph is amended to read Post top slip -fitters mast arm slip fitters and terminal compartments shall be cast bronze 86-5 Detectors 86-5 OIA(3) Sensor Unit Construction The following shall be added to §86-5 O1(A) All loop detector amplitiers shall be single channel Amphfiers shall be Detector Systems Inc, Model Numbe► 913B or Eberle Model Number LM301T, unless shown otherwise on the plans 86-5 OIA(4) Construction Matenals The following shall be added to §86-5 OlA(4) Loop wire shall be Type 2 Loop detector lead in cable shall be Type C unless specified otherwise on the plans When 4- #18 loop detector lead in cable is specified on the plans the loop detector lead-in cable shall be Canoga Controls Corporation 30003 polyethylene jacketed cable with water blocking per Type B loop detector lead-in cable #13180 • i Page 16 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition 86-5 OIA(5) Installation Details The following shall be added to §86-5 OIA(5) Unless shown othenvise on the plans all new loop detectors shall conform to Standard Plan ES-513 Type E except that the loops shall be 6-foot diameter (not 6-inch diameter as shown) and shall be spaced 10-feet apart in the direction of travel (not 10-inches as shown) Loop detector sealant shall be "Hot -Melt Rubberized Asphalt Sealant" Loop detectors shall be installed (including sealant) on the same day in which the loop detector slots are cut Curb terminations shall be as shown on Standard Plan ES-5E Type A The number of loop detector lead-in cables required to achieve the specified detection shall be installed Splices will not be allowed in the loop detector lead-in cable between the controller cabinet and the pull box adjacent to the loop detector installation Loop detector to loop detector lead in cable splicing shall conform to §86-2 09D Splices shall be insulated according to §86-2 09E Hand-crafted Insulation for Detector Circuits Heat - shrink tubing is disallowed 86-5 02 Pedestrian Push Buttons The following shall be added to §86-5 02 Pedestrian push buttons shall be Standard Plan ES-5C, Type B Push button assemblies shall have polycarbonate push button cover 86-6 01 Luminaires Intersection safety lighting luminaires shall comply with §86-9 of these special provisions The luminaires shall be the type specified for arterial streets The output wattage of the intersection safety lighting luminaires shall be as shown on the plans 86-6 065 Internally Illuminated Street Name Suns The fifth paragraph shall be amended to read Signs shall be Type A #13180 Page 17 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition §86-6 065 the following shall be added A solid box superimposed upon the traffic signal mast arm symbol on the plans shall indicate that a complete Intei nally Illuminated Street Name Sign or Non-Illummated Street Name Sign assembly shall be installed on that mastarm as shown on the pole and equipment schedule The sign mounting hardware and location details shall be as shown in the City of Huntington Beach Standard Plan No 404 The following specifications define requirements for Non -Illuminated Mast Arm Street Name Signs Sign Message Street Name Suffixes shall not be used Letter size (8 upper case 6' lower case, and 3 block numbers) style, spacing, arrows logos and borders shall generally conform to the current State of California Department of Transportation (Caltrans) Traffic Manual Table 4-4 and Table 4-7 and Sign Specitications for Type G7 Advance Street Name Signs Non -Illuminated Mast Arm Street Name Signs shall be double sided unless noted otherwise on the plans Sign Materials The sign panel shall be 0 080-inch thick new sheet aluminum alloy 3003-H14 or 5052- H32 The sign panel shall have shear -trimmed or roll -slit edges with workman -like quality The corners of the sign panel shall be 3-inch radius Five 0 375-inch diameter sign attachment holes shall be provided in each sign The sign attachment holes shall be in the positions specified on City of Huntington Beach Standard Plan No 404 with the W dimension of 13 inches The mounting holes shall be 4-inches in -board of the outside vertical edge of the sign and generally conform to the positions shown on Standard Plan 404 The signs shall be attached to the mounting brackets with 0 375- inch diameter stainless steel bolts with two stainless steel cut flat washers and secured with stainless steel NylockTM nylon locking nuts Two types of sign facing materials and application methods are acceptable Method A White ASTM D 4956 90 Type IV(or City -approved equal) prismatic sheeting shell be applied to the entire sign panel face The sign message shall be cut into a non -reflective translucent film mask which shall be applied over the reflective sheeting The color of the non -reflective translucent film shall be Federal #13180 Page 18 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition Highway Blue The translucent film shall be 3M Translucent Film or City - approved equal Method B Federal Highway Blue ASTM D 4956-90, Type IV(or City -approved equal) prismatic sheeting shall be applied to the entire sign panel face The sign message and border shall consist of White ASTM D 4956-90 Type IV (or City approved equal) prismatic sheeting applied to the Federal Rghway Blue background 86-9 Street Lighting, General This section shall be an acidttion to the sections present in Section 86 of the Caltrans July, 1992 Standard Specifications City -owned street lighting s� stems shall be constructed utilizing the previous special provisions and the following material and construction specifications Non-artenal Streets Non-artenal streets shall be any street not shown on the current Orange County Master Plan of Arterial Highways Street lighting poles shall be Ameron Catalog No 1C1-17F6 (or approved equal) When the plans specify 70 Watt High Pressure Sodium Vapor (HPS) Luminaires one of the following lununai► es types shall be installed General Electric Catalog No N12AC-07-S-0-N-1-G-MC3-1 (Multi -tap ballast) General Electric Catalog No M2AC-07-S-7-N-1-G-MC3-1 (120/240 VAC ballast) When the plans specify 150 Watt High Pressure Sodium Vapor (HPS) Luminaires one of the following luminaires types shall be installed General Electric Catalog No M2AC-15-S-0-H-1-G-MC3-1 (Multi -tap ballast) General Electric Catalog No M2AC-15-S-7-H-1-G-MC3-1 (120/240 VAC ballast) These catalog numbers specify a luminaire with IES Type III distribution full lighting cut-off power door ballast assembly 120/240 VAC or multi -tap lighting ballast and bulb #13180