HomeMy WebLinkAboutB & D Contractors, Inc. - 1993-06-216�0 /-DPW
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MADDEN, JONES & COLE
111 West Ocean Blvd., Suite 1300
Post Office Box 2210
Long Beach, CA 90801-2210
(310) 435-6565
Steven A. Jones, Bar Number 90562
Attorneys for Plaintiff
MUNICIPAL COURT OF CALIFORNIA, COUNTY OF ORANGE
WEST ORANGE MUNICIPAL COURT DISTRICT
WALTERS WHOLESALE ELECTRIC CO., ) CASE NO. 205849
a corporation, )
NOTICE OF COMMENCEMENT OF
Plaintiff, ) ACTION
V.
B & D CONTRACTORS, INC., a
California corporation; STEVE
KLASNA; CITY OF HUNTINGTON
BEACH; FIDELITY AND GUARANTY
INSURANCE COMPANY, an Iowa
corporation; and DOES 1-100,
inclusive,
Defendants.
TO: THE CITY OF HUNTINGTON BEACH
YOU ARE HEREBY NOTIFIED that the above -named plaintiff
commenced an action on July 6, 1994, against the above named
defendants to enforce a stop notice filed by plaintiff with you on
or about April 7, 1994.
The action is to enforce the payment of claims in the amount
of $17,033.96 for electrical materials and supplies furnished to B
r.-
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& D Contractors, Inc. for traffic signal improvements at Edinger
and Edward, Edinger and Sherwood, Brookhurst and Hamilton, and
McFadden and I-405.
JDATED: July 8, 1994
MADDEN, JONES & COLE
a professional corporation
By:
T A. JONES
Attorheys for plaintiff
2
-w
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PROOF OF SERVICE
11STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am over the age of 18 and not a party to the within action;
my business address is, and I am employed at, Madden, Jones & Cole,
111 W. Ocean Boulevard, Suite 1300, Long Beach, California 90802.
I am readily familiar with.said law firm's practice for
collection and processing of correspondence for mailing with the
U. S. Postal Service; in the ordinary course of business, corres-
pondence is deposited with the U. S. Postal Service the same day.
On July �5 , 1994, I served the within NOTICE OF COMMENCEMENT
OF ACTION in this action by placing a true copy in an envelope,
which on the same date, at said law firm, was sealed and placed for
deposit in the U. S. Postal Service, pursuant to said law firm's
ordinary business practices for collection and mailing. Each
envelope bore the name and address of the person served as follows:
City of Huntington Beach
City Clerk's Office
2000 Main Street
Huntington Beach, CA 92648
I declare under penalty of perjury under the laws of the
State of Californ that the above is true and correct and was
executed on July , 1994, at Long Beach, California.
harl-c ane
3
I have received the Faithful Performance, Bond and the ;R6@1-ia;-s
bond for 0,D tr- r-.S .Zi C- .
le
on behalf of the Treasurer's Office.
Dated
BY ✓%��.,
}pi JPPPNTY WSG9
=� FIDELITY AND GUAR v 9 SURANCE COMPANY
r .1 i �iy • • �,t�
4 • ti��
(A Stock Company)
BOND No.40-0120-10249-93-1
PUBLIC WORKS
APPROVED AS TO FOAM.
PAYMENT BOND GA1L 1?I1BTT0N
(Premium included in Performance Bond)
C1Yi@=
.• KNOW ALL MEN BY THESE PRESENTS:
B & D CONTRACTORS INC B�.
That we.................................................................................
De�ufp�
...........
as Principal, and FIDELITY AND GUARANTY INSURANCE COMPANY, a Corporation organized and existing under the laws of the State
of Iowa and authorized to transact surety business in the State of California, as Surety are held and firmly bound unto ............... .
CITY OF HUNTINGTON BEACH ..... ........................ . as Obligee,
in the sum of
ONE..HUNDRED..FORTY,SEVEN.THOUSAND.FIVE. HUNDRED. NINETY FOUR AND NO/ 100---
............. .
Dollars ($ 147.594.00----- ), lawful money of the United States of America, for the payment whereof, well and truly to made,
we hereby bind ourselve our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the above bounden Principal has been awarded and has entered into a contract, dated..7-28-93 with said Obligee
to do and perform the following work, to -wit:
"TRAFFIC SIGNAL INSTALLATION AND MODIFICATIONS (CC879)"
as will more fully appear in said contract, reference to which is hereby made and,
WHEREAS, said Principal is required by the provisions of Chapter 7, Title 15, Part 4 Division 3 of the Civil Code to furnish a bond
in connection with said contract, as hereinafter set forth.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if said Principal, his or its heirs, executors, administrators,
successors or assigns or sub -contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams, implements
or machinery used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind,
or for amounts due under the Unemployment Insurance Act with respect to such work or labor, as required by the provisions of Chapter
7, Title 15, Part 4, Division 3 of the Civil Code, and provided that the claimant shall have complied with the provisions of said Code, or
for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Principal
and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety
hereon will pay for the same in an amount not exceeding the sum specified in this bond; otherwise the above obligation shall be void. In
case suit is brought upon this bond, the said Surety will pay a reasonable attorney's fee to be fixed by the court.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 3181
of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
SIGNED, sealed with our seals, and dated ........... JULY . 28..................................................19 93
B & D CONTRACTORS, INC.
............................................................
N'y►'�M'��) Y ............
OFFICIAL SEAL Principal
JENNIFER HARJUNG r
- NOTARY PUS± IC - CAUFOR, j
S F D I IN, U ANICE COMPANY
i=, _=
PIRINCIPAL OFFICE IN
`-� S„N DIEGO COUNTY By (Seal)
. .....'fact
• �Y� � orn -in-fact
My Commission Expires October 22, 1993
ATTORNEY -IN -FACT AFFIDAVIT
STATE OF CALIFORNIA,
COUNTY OF . • ORANGE
.............................................................................................
On this . Z$IN.. lay off ........ J."T............... . in the year .1�993 . , before me ........................
.... JENNIFER. HAR,I UNG y
personally appeared
(here insert the name and quality of the officer)
MICHAEL.A...QUIGLEY................................................................................. .
personally known to me (or proved to me on the basis of satisfactory evidence) to be thiLperson who executed the
within instrument as attorney in fact on behalf of the corporation therein name ac no ]edged to me that the
corporation executed it.
Given under my hand and sea] this ............. 28TH........ day ...... . .. ....... . ..9.3.
... .. ....
otary P I
My Commission expires .��: q3....................................................... ...............
r�no-arr atu rr�rr .,,car [A-0nY
N2 234238
FIDELITY AND GUARANTY INSURANCE COMPANY TT
POWER OF ATTORNEY
NO. 6420., TM
KNOW ALL MEN BY THESE PRESENTS: That FIDELITY AND GUARANTY INSURANCE COMPANY, a corporation organized and existing under
the laws of the State of Iowa and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Michael
A. Quigley, Jennifer Johnston, Michael D. Stong and Sheri L. Chilcoat
of the City of Irvine , State of California its true and lawful Attomey(s)-in-Fact, each in their separate
capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other
written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts;
and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, the said FIDELITY AND GUARANTY INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly
attested by the signatures of its Senior Vice President and Assistant Secretary, this 6th day of November , A.D. 19 92 .
n FIDELITY AND GUARANTY INSURANCE COMPANY
,1977 g (Signed) B
J
Senior Vice President
(Signed) By......... .......:........ ............
J Assistant Secretary
STATE OF MARYLAND) V0
SS:
BALTIMORE CITY )
On this 6th day of November A; >"f992 , before me petsers I)a , $me Robert J. Lamendola
Senior Vice President of the FIDELITY AND GUARAN S RANCE COMPANY an J Paul D . Sims Assistant
Secretary of said Company, with both of whom I am ps e y acquainted, who being rn 'severally duly swot sa that they, the said Robert J.
Lamendola and Paul �� 1ms -� iV were respective or Vice President and the Assistant Secretary of
the said FIDELITY AND GUARANTY 'NCE COMPANY, the ton described in and w e aced the foregoing Power of Attorney; that they each
knew the seal of said corporation; that the sse fixed to said Pow t Forney was such corporate i it was so affixed by order of the Board of Directors of
said corporation, and that they signed their names thereto by like as Senior Vice President a��q Assistant Secretary, respectively, of the Company.
My Commission expires the llth day in r arch95
NOTARY PUBLIC
This Power of Attorney is granted under and by Yty of the following Resolutions adopted by the Board of Directors of the FIDELITY AND
GUARANTY INSURANCE COMPANY on Septemb'L r4' 992:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments
relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,
either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the
Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each
of the foregoing officers and the seal of the Company maybe affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing
Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently
revoked and subject to any limitations set forth therein, 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
with respect to any bond or undertaking to which it is validly attached.
RESOLVED, that Attomey(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations
of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,
and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by
an Executive Officer and sealed and attested to by the Secretary ofthe Company.
1, Paul D . Sims , an Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE COMPANY, do
hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this
Resolution is in full force and effect.
I, the undersigned Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE COMPANY do hereby certify that the foregoing Power of
Attorney is in full force and effect and has not been revoked.
In Testimony Whereof. I have hereunto set my hand and the seal of t DELITY AND UARANTY INSURANCE COMPANY on this 28TH
day of 1IILi .19 93
...........................
UW197 Assistant Secretary
FS 83 (10-92) (HO)
GJPPPNTY iNSG99
FIDELITY AND GUAR a SURANCE COMPANY
SM
BOND NO. 4070120-10249-93-1
PUBLIC WORKS
PERFORMANCE BOND
QYPn::7E;1 AS TO FOR
(The premium charged on this bond is $3,214.00.............G intat,��
the rate of $ . 25.00, A..15.00..... , , per thousand of the cont=iprj N
KNOW ALL MEN BY THESE PRESENTS:
De-paty CItI httorne,
B I CONTRACTORS ...INC-... I ...................................................................
That we .........................
........................................................................................................................
as Principal, and FIDELITY AND GUARANTY INSURANCE COMPANY, a Corporation organized and existing under the laws of the State
of Iowa and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto ...............
.....CIT.Y.OF....ffiTNTINGTON............................................................................ . as Obligee,
...............
in the sum of..ONE..HU.N.DR.ED..FORTY..SEVEN. THOUSAND FIVE HUNDRED NINETY FOUR NO/1.00----
.............................................
Dollars ($ 147,594.00--------------- ), lawful money of the United States of America, for the payment whereof, well and
truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the above bounden Principal has been awarded and has entered into a contract dated .. JULY .?8, 1993
................
with said Obligee to do and perform the following work, to -wit:
"TRAFFIC SIGNAL INSTALLATION AND MODIFICATIONS (CC879)"
as will more fully appear in said contract, reference to which is hereby made.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the above bounden Principal shall well and truly
perform, or cause to be performed, each and all of the requirements and obligations of said contract to be performed by said Principal,
as in said contract set forth, then this bond shall be null and void; otherwise it shall remain in full force and effect.
SIGNED, sealed with our seals, and dated ...... !lM . 28................................. 19, 93
OFFICIAL SEAL
? JE.NNIFER HARJUNG
,es NOTARY PU3LIC - CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires October 22, 1993
STATE OF CALIFORNIA,
COUNTY OF..ORANGE ,
B..& D.. CONTRACTORS x INC ..........................
ATTORNEY -IN -FACT
. (Seal)
Principal
COMPANY
. (Seal)
.Attornev-in-fact
On this 28Tg... da of : � ..................... . in the year ..1993 , before me ..............
... JFNNIFER Gappeared.
personally
(here insert the name and quality o the officer)
.... MICHAEL A.... QUIGI.EY...................... ... .. ............... .................... .............
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the
within instrument as attorney in fact on behalf of the corporation therein name ac pwledged to me that the
corporation executed it. /
Given under my hand and seal this ......... 28TH ........... day o .... J, �/ . (.....t........
My Commission expires .t i�:o: —) Ji ..............................
Contract 537 (California) (4-90)
• i r y
N2 234239
FIDELITY AND GUARANTY INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS: That FIDELITY AND GUARANTY INSURANCE COMPANY, a corporation organized and existing under
the laws of the State of Iowa and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Michael
A. Quigley, Jennifer Johnston, Michael D. Stong and Sheri L. Chilcoat
of the City of Irvine , State of California its true and lawful Attomey(s)-in-Fact, each in their separate
capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other
written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts;
and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, the said FIDELITY AND GUARANTY INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly
attested by the signatures of its Senior Vice President and Assistant Secretary, this 6 th day of November A.D. 19 92 .
FIDELITY AND GUARANTY INSURANCE COMPANY
c
7 (Signed) By............ .......
^ Senior Vice President
k ...............
(Signed) By......... .............
��{ Y Assistant Secretary
STATE OF MARYLAND) SS: gQ
BALTIMORE CITY ) -p
Onthis 6th dayof November ��C_0
A1�92 ,before mepers� ycatite Robert J. Lamendola
Senior Via President of the FIDELITY AND GUARA JRANCE COMPANY an ��1 ' = au l D . S i S . Assistant
Secretary of said Company, with both of whom I am cquainted, who being and severally duly swo that they, the said Robert J .
Lamendola and Paul ims �`� l were respectF
�6ior Vice President and the Assistant Secretary of
the said FIDELITY AND GUARANTY �," E COMPANY, the cot ton described in and wh'cuted the foregoing Power of Attorney; that they each
knew the seal of said corporation; that the sell affixed to sand Power tt�rney was such corpo s't"
it wasso affixed by order of the Board of Directors of
said corporation, and that they signed their names thereto by 18eias Senior Vice Presided Assistant Secretary, respectively, of the Company.
My Commission expires the March 4tI6 95 .
(Signed
O NOTARY PUBLIC
This Power of Attorney is granted under and��roFity of the following Resolutions adopted by the Board of Directors of the FIDELITY AND
GUARANTY INSURANCE COMPANY on September. tat 992:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments
relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorneys) -in -Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,
either by the Chairman, or the President• or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the
Secretary or an Assistant Secretary, under their respective designations. The signature of such officers maybe engraved, printed or lithographed. The signature of each
of the foregoing officers and the seal of the Company maybe affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing
Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently
revoked and subject to any limitations set forth therein, 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
with respect to any bond or undertaking to which it is validly attached.
RESOLVED, that Attorney(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations
of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,
and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by
an Executive Officer and sealed and attested to by the Secretary of the Company.
11 Paul D . Sims , an Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE COMPANY, do
hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this
Resolution is in full force and effect.
I, the undersigned Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE COMPANY do hereby certify that the foregoing Power of
Attorney is in full force and effect and has not been revoketd,
In Testimony Whereof, I have hereunto -�.vt my hand and the seal oft DELITY AND UARANTY INSURANCE COMPANY on this 28TH
day of JULy . 19 93.
...........................
1 Q1977 Assistant Secretary
FS 93 (10-92) (HO)
;-j04
R CITY OF HUNTINGTON BEACH
_ ;q,
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
September 2, 1993
B & D Contractors, Inc.
635 South Walnut Street
La Habra, CA 90631
Re: Modification of three traffic signals and flashing beacon installation: CC-879
Dear Sir:
Enclosed is a copy of the executed contract with the City of Huntington Beach, a
Declaration of Satisfaction of Claims and a Certificate of Compliance form. The
Declaration of Satisfaction of Claims and the Certificate of Compliance form
must be returned to this office after the project is completed but prior to the
release of retention funds.
In addition, the following item must also be on file, with this office before the City
can release any retention funds:
A warranty bond guaranteeing the final amount of work and
materials for one year If your performance bond does not
include specific wording for a one year warranty, then a rider
or separate bond must be submitted.
Should you have any questions or concerns regarding the enclosures or items that
must be on file in this office prior to release of retention funds, please call Don
Nobel, Contracts Administrator, 536-5441.
Sincerely,
Connie Brockway, CMC
City Clerk
CB:cc
Enclosure: Cash Contract
Declaration of Satisfaction of Claims
Certificate of Compliance
1462K/1463K
Telephone: 714536-5227 )
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF
HUNTINGTON BEACH AND B AND D CONTRACTORS, INC.
FOR THE MODIFICATION OF THREE TRAFFIC SIGNALS
AND FLASHING BEACON INSTALLATION (CC 879)
THIS AGREEMENT is made and entered into on this
,le�oter�i6u-
day of 1993, by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California,
hereinafter referred to as "CITY," and B AND D CONTRACTORS, INC.,
a California corporation, hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project,
hereinafter referred to as "PROJECT," more fully described as the
modification of three traffic signals and installation of a
flashing beacon at various locations in the City of Huntington
Beach; and
CONTRACTOR has been selected and is to perform said work,
NOW, THEREFORE, in consideration of the promises and
agreements hereinafter made and exchanged, the parties covenant
and agree as follows:
1. STATEMENT OF WORK: ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor,
plans, tools, equipment, supplies, transportation, utilities and
all other items, services and facilities necessary to complete and
construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or
damage arising out of the nature of the PROJECT, during its
progress or prior to acceptance, from the action of the elements,
from any unforeseen difficulties which may arise or be encountered
AJF5025
1
"
in the prosecution of work, and for all other risks of any
description connected with the work, including, but not limited
to, all expenses incurred by or in consequence of the suspension
or discontinuance of work, except such as are herein expressly
stipulated to be borne by CITY, and for well and faithfully
completing the work within the stipulated time and in the manner
shown and described in this Agreement, and in accordance with the
requirements of CITY under them for the compensation set forth in
the accepted bid proposal.
However, the total compensation to be paid is to be computed
on the basis of the units of work as it is actually performed, in
accordance with the stipulated prices named in the Bid Sheet(s).
2. ACCEPTANCE OF CONDITIONS OF WORK• PLANS AND
SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with
all the terms, conditions and obligations of this Agreement and
the Contract Documents (as hereinafter defined), the location of
the job site, and the conditions under which the work is to be
performed, and that it enters into this Agreement based upon its
investigation of all such matters and is relying in no way upon
any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated
into this Agreement by this reference, with the same force and
effect as if the same were set forth at length herein, and that
CONTRACTOR and its subcontractors, if any, shall be bound by said
Contract Documents insofar as they relate in part or in any way,
directly or indirectly, to the work covered by this Agreement.
L
AJF5025
2
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
C. The CITY'S standard Plans and Specifications and
special contractual provisions, including those on file in the
office of the Director of Public Works of CITY and adopted by
the City Council of CITY, and any revisions, amendments or addenda
thereto;
D. The 1991 edition of Standard Specifications for
Public Works Construction, published by Builder's News, Inc., 3055
Overland Avenue, Los Angeles, California 90034, and all amendments
thereto, written and promulgated by the Southern California
chapter of the American Public Works Association and the Southern
California District Associated General Contractors of the
California Joint Cooperative Committee;
E. Bid documents including the Notice Inviting Bids,
the Special Instructions to Bidders and the Contractor's Proposal
(attached hereto as Exhibit "A");
F. The particular plans, specifications, special
provisions and addenda applicable to the PROJECT. Anything
mentioned in the Specifications and not indicated in the Plans or
indicated in the Plans and not mentioned in the Specifications,
shall be of like effect as if indicated and mentioned in both. In
case of discrepancy between any plans, specifications, special
provisions, or addenda, the matter shall be immediately submitted
by CONTRACTOR to the Department of Public Works of CITY
(hereinafter referred to as "DPW"), without whose decision said
AJF5025
3
discrepancy shall not be adjusted by CONTRACTOR, save only at its
own risk and expense.
Should there be any conflict between the terms of this
Agreement and the bid or proposal of CONTRACTOR, then this
Agreement shall control and nothing herein shall be considered as
an acceptance of the terms of said bid or proposal which is in
conflict herewith.
3. COMPENSATION
CITY agrees to pay and CONTRACTOR agrees to accept as
full compensation for the faithful performance of this Agreement,
subject to any additions or deductions made under the provisions
of this Agreement or the Contract Documents, a sum of One Hundred
Forty Seven Thousand, Five Hundred Ninety -Four Dollars ($147,594),
as set forth in the Contract Documents, to be paid as provided for
in Sections 1, 6, 13 and 14 herein.
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 120 working days
from the day the "Notice to Proceed" is issued by Department of
Public Works, excluding delays provided for in Section 11 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.
AJF5025 4
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 Section 4 herein. CITY shall have complete
control of the premises on which the work is to be performed and
shall have the right to decide the time and order in which the
various portions of the work shall be performed and the priority
of the work of other contractors, subcontractors and CITY forces
and, in general, all matters concerning the timely and orderly
conduct of the work of CONTRACTOR on the premises.
6. CHANGES
CONTRACTOR shall adhere strictly to the plans and
specifications set forth in the Contract Documents unless a change
therefrom is authorized in writing by the DPW. CONTRACTOR agrees
to make any and all changes, furnish materials and perform all
work necessary within the scope of the PROJECT as the DPW may
require in writing. Under no condition shall CONTRACTOR make any
changes without the written order of the DPW, and CITY shall not
pay any extra charges made by CONTRACTOR that have not been agreed
upon in writing by the DPW.
When directed to change the work, CONTRACTOR shall submit
immediately to the DPW a written cost proposal reflecting the
AJF5025 5
effect of the change. Should the DPW not agree to such cost
proposal, the work shall be performed according to the changes
ordered in writing by the DPW and the proper cost thereof shall be
negotiated by the parties upon cost and pricing data submitted by
the CONTRACTOR; thereupon, CITY will promptly issue an adjusted
change order to CONTRACTOR and the contract price will be adjusted
upward or downward accordingly.
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be
performed or furnished under this Agreement unless and until a
Notice to Proceed has been given to the CONTRACTOR by CITY. CITY
does not warrant that the work site will be available on the date
the Notice to Proceed is issued. In 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. BOND
CONTRACTOR shall, prior to entering upon the perform-
ance of this Agreement, furnish the following 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.
AJF5025 6
9. WARRANTIES
The CONTRACTOR unconditionally guarantees all work done
under this Agreement including, but not limited to, any
workmanship, installation, fabrication, material or structural
facilities constructed. CONTRACTOR, within ten (10) days after
notice by CITY of any defect in the work, shall have the option to
make appropriate repairs or replace the defective item or items.
Upon expiration of such ten (10) day period, CITY may then make
appropriate repair or replacement at CONTRACTOR'S risk and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and
shall be, acting at all times hereunder as an independent
contractor and not as an employee of CITY. CONTRACTOR shall
secure, at its expense, and be responsible for any and all payment
of income tax, social security, state disability insurance
compensation, unemployment compensation and other payroll
deductions for CONTRACTOR and its officers, agents and employees,
and all business licenses, if any, in connection with the PROJECT.
11. LIQUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto that in case the total
work called for hereunder is not in all parts and requirements
finished or completed within the number of calendar days as set
forth in Section 4 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
AJF5025 7
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 CITY would sustain in the event of and by
reason of such delay; and CONTRACTOR agrees to pay said damages
herein provided, and further agrees that CITY may deduct the
amount thereof from any monies due or that may become due to
CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will
not be assessed damages for any portion of the delay in completion
of the work due to unforeseeable causes beyond the control and
without the fault or negligence of CONTRACTOR, including, but not
restricted to, acts of God or of the public enemy, fire, floods,
epidemics, quarantine restrictions, strikes, unsuitable weather,
or delays of subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the
beginning of any such delay (unless the DPW shall grant a further
period of time prior to the date of final settlement of the
Agreement), notify the DPW in writing of the cause of the delay
and CITY shall extend the time for completing the work if, in its
judgment, the findings of fact thereon justify the delay; and the
decision of the DPW shall be conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or
completion of the work by the act, neglect or default of CITY, or
should CONTRACTOR be delayed waiting for materials required by
AJF5025 8
this Agreement to be furnished by CITY, or by damage caused by
fire or other casualty at the job site for which CONTRACTOR is not
responsible, or by the combined action of the workers, in nowise
caused by or resulting from default or collusion on the part of
CONTRACTOR, or in the event of a lockout by CITY, then the time
herein fixed for the completion of the work shall be extended by
the number of days the CONTRACTOR has thus been delayed, but no
allowance or extension shall be made unless a claim therefor is
presented in writing to CITY within fifteen (15) days of the
commencement of such delay.
No claims for additional compensation or damages for
delays, irrespective of the cause thereof, and including without
limitation the furnishing of material by CITY or delays by other
contractors or subcontractors, will be allowed and said extension
of time for completion shall be the sole remedy of CONTRACTOR.
12. DIFFERING SITE CONDITIONS
(1) Notice The CONTRACTOR shall promptly, and before
such conditions are disturbed, notify the DPW in writing of:
(a) Subsurface or latent physical conditions at the
job site differing materially from those indicated in this
Agreement or the Contract Documents; or,
(b) Unknown physical conditions at the job site, of
an unusual nature, differing materially from those ordinarily
encountered and generally recognized as inherent to work of the
character to be performed under this Agreement. The DPW shall
promptly investigate the conditions and if it finds that such
conditions do materially so differ and cause an increase or
AJF5025 9
decrease in the time required for performance of any part of the
work under this Agreement, whether or not changed as a result of
such conditions, an equitable adjustment shall be made and the
Agreement modified in writing accordingly;
(2) Time Extension No claim of the CONTRACTOR under
this Section shall be allowed unless the CONTRACTOR has given the
notice required hereunder, provided, however, the time prescribed
therefor may be extended by CITY.
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern
final payment. Payment to the CONTRACTOR will be made only for
the actual quantities of contract items used in construction of
the PROJECT, in accordance with the plans and specifications.
Upon completion of the PROJECT, if the actual quantities used are
either more than or less than the quantities listed in the bid
schedule, the bid price shall prevail subject to the provisions of
this Section. The DPW may, at its sole discretion, when warranted
by the facts and circumstances, order an equitable adjustment,
upwards or downwards, in payment to the CONTRACTOR where the
actual quantities used in construction of the PROJECT are in
variation to the quantities listed in the bid schedule. No claim
by CONTRACTOR for an equitable adjustment in price or time for
completion shall be allowed if asserted after final payment under
this Agreement. If the quantity variation is such as to cause an
increase in the time necessary for completion, the DPW shall
ascertain the facts and circumstances and make such adjustment for
extending the completion date as in its judgment the findings
warrant.
AJF5025 10
14. PROGRESS PAYMENTS
Each month the DPW will make an estimate in writing of
the work performed by CONTRACTOR and the value thereof. From each
progress estimate, ten percent (10%) will be deducted and retained
by CITY and the remainder, less the amount of all previous
payments since commencement of the work, will be paid to
CONTRACTOR.
When CONTRACTOR has, in the judgment of the DPW,
faithfully executed fifty percent (50%) or more of the value of
the work as determined from the bid schedule, and if the DPW finds
that satisfactory progress has been and is being made, the
CONTRACTOR may be paid such sum as will bring the payments of each
month up to one hundred percent (100%) of the value of the work
completed since the commencement of the PROJECT, as determined by
DPW, less all previous payments and less all previous retained
amounts. The final payment, if unencumbered, or any part thereof
unencumbered, shall be made thirty-five (35) days after the
acceptance of the work and the filing of a Notice of Completion by
CITY. Payments shall be made on demands drawn in the manner
required by law, each payment to be accompanied by a certificate
signed by the DPW, affirming that the work for which payment is
demanded has been performed in accordance with the terms of the
Agreement and that the amount stated in the certificate is due
under the terms of the Agreement. Partial payments on the
contract price shall not be considered as an acceptance of any
part of the work.
AJF5025 11
15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES
At the request and expense of CONTRACTOR, who shall
retain beneficial ownership and receive interest, if any thereon,
CITY shall permit the substitution and deposit therewith of
securities equivalent to the amount of any monies withheld by CITY
to ensure performance under Section 13 of this Agreement.
16. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this
Agreement, CONTRACTOR shall file with the DPW its affidavit
stating that all workers and persons employed, all firms supplying
materials and all subcontractors upon PROJECT have been paid in
full and that there are no claims outstanding against PROJECT for
either labor or material, except certain items, if any, to be set
forth in an affidavit covering disputed claims, or items in
connection with Notices to Withhold which have been filed under
the provisions of the statutes of the State of California.
17. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final
certificate shall constitute a waiver of all claims against CITY
under or arising out of this Agreement.
18. INDEMNIFICATION DEFENSE HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify
and hold and save harmless CITY, its officers, and employees
against any and all liability, claims, judgments, costs and
demands, however caused, including those resulting from death or
injury to CONTRACTOR'S employees and damage to CONTRACTOR'S
property, arising directly or indirectly out of the obligations or
AJF5025 12
operations herein undertaken by CONTRACTOR, including those
arising from the passive concurrent negligence of CITY, but save
and except those which arise out of the active concurrent
negligence, sole negligence, or the sole willful misconduct of
CITY. CONTRACTOR will conduct all defense at its sole cost and
expense. CITY shall be reimbursed by CONTRACTOR for all costs or
attorney's fees incurred by CITY in enforcing this obligation.
19. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code Section 1861,
CONTRACTOR acknowledges awareness of Section 3700 et seq. of said
code, which requires every employer to be insured against
liability for workers' compensation; CONTRACTOR covenants that it
will comply with such provisions prior to commencing performance
of the work hereunder.
CONTRACTOR shall maintain such Workers' Compensation
Insurance in an amount of not less than One Hundred Thousand
Dollars ($100,000) bodily injury by accident, each occurrence, One
Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily
injury by disease, policy limit, at all times incident hereto, in
forms and underwritten by insurance companies satisfactory to CITY.
CONTRACTOR shall require all subcontractors to provide
such Workers' Compensation Insurance for all of the
subcontractors' employees. CONTRACTOR shall furnish to CITY a
certificate of waiver of subrogation under the terms of the
Workers' Compensation Insurance and CONTRACTOR shall similarly
require all subcontractors to waive subrogation.
AJF5025 13
20. INSURANCE
CONTRACTOR shall carry at all times incident hereto, on
all operations to be performed hereunder, general liability
insurance, including coverage for bodily injury, property damage,
products/completed operations, and blanket contractual liability.
Said insurance shall also include automotive bodily injury and
property damage liability insurance. All insurance shall be
underwritten by insurance companies in forms satisfactory to CITY
for all operations, subcontract work, contractual obligations,
product or completed operations and all owned vehicles and
non -owned vehicles. Said insurance shall name the CITY, its
officers, agents and employees and all public agencies as
determined by the CITY as Additional Insureds. CONTRACTOR shall
subscribe for and maintain said insurance policies in full force
and effect during the life of this Agreement, in an amount of not
less than One Million Dollars ($1,000,000) combined single limit
coverage. If coverage is provided under a form which includes a
designated general aggregate limit, such limit shall be no less
than One Million Dollars ($1,000,000). In the event of aggregate
coverage, CONTRACTOR shall immediately notify CITY of any known
depletion of limits. CONTRACTOR shall require its insurer to
waive its subrogation rights against CITY and agrees to provide
certificates evidencing the same.
21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENT
Prior to commencing performance of the work hereunder,
CONTRACTOR shall furnish to CITY certificates of insurance subject
to approval of the City Attorney evidencing the foregoing
AJF5025 14
insurance coverages as required by Sections 19 and 20 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 cancelled without thirty (30) days prior written notice to
CITY. CONTRACTOR shall maintain the foregoing insurance coverages
in force until the work under this Agreement is fully completed
and accepted by CITY.
The requirement for carrying the foregoing insurance shall not
derogate from the provisions for indemnification of CITY by
CONTRACTOR under Section 18 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 hereinabove required.
A separate copy of the additional insured endorsement to each
of CONTRACTOR'S insurance policies, naming the CITY, its officers
and employees as Additional Insureds shall be provided to the City
Attorney for approval prior to any payment hereunder.
22. DEFAULT AND TERMINATION
If CONTRACTOR fails or refuses to prosecute the work
hereunder with diligence, or fails to complete the work within the
time specified, or is adjudged 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
AJF5025 15
after such Notice of Intention has been served on CONTRACTOR, CITY
may, without prejudice to any other remedy it may have, terminate
this Agreement upon the expiration of that time. Upon such
default by CONTRACTOR, CITY may elect not to terminate this
Agreement; in such event CITY may make good the deficiency in
which the default consists and deduct the resulting costs from the
progress payments then or to become due to CONTRACTOR.
23. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be
performed hereunder, or upon earlier termination of this
Agreement, all original plans, specifications, drawings, reports,
calculations, maps and other documents pertaining to this
Agreement shall be delivered to CITY and become its sole property
at no further cost.
24. NON -ASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or
encumber this Agreement, or any part hereof, or any right or duty
created herein, without the prior written consent of CITY and the
surety.
25. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular
CITY employee in the work performed pursuant to this Agreement.
No officer or employee of CITY shall have any financial interest
in this Agreement in violation of California Government Code
Sections 1090 et seq.
AJF5025 16
26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to recover from CONTRACTOR its
reasonable administrative and attorney's fees, costs and necessary
disbursements arising out of the processing of Stop Notices,
Notices to Withhold, or any similar legal document. Said
obligation shall be provided for in the labor and materials
payment bond required of CONTRACTOR. CITY may charge an
administrative fee of one -hundred dollars ($100) for every stop
notice filed in excess of two, regardless of whether or not CITY
is named in an action to enforce such stop notices. CITY may set
off any unreimbursed cost or expense so incurred against any sum
or sums owed by CITY to CONTRACTOR under this Agreement.
27. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with
the immigration and naturalization laws of the United States and
shall, in particular, comply with the provisions of 8 U.S.C. S
1324a regarding employment verification.
28. NOTICES
All notices required or permitted hereunder shall be
delivered in person or by registered or certified mail to an
authorized representative of the party to whom delivery is to be
made, at the place of business of such party, or to any other
place designated in writing by such party.
29. CAPTIONS
Captions of the Sections of this Agreement are for
convenience and reference only, and the words contained therein
shall in no way be held to explain, modify, amplify or aid in the
AJF5025 17
interpretation, construction or meaning of the provisions of this
Agreement.
30. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for
payment of any subcontractor work involving legal services, and
that such legal services are expressly outside the scope of
services contemplated hereunder. CONTRACTOR understands that
pursuant to Huntington Beach City Charter § 309, the City Attorney
is the exclusive legal counsel for CITY; and CITY shall not be
liable for payment of any legal services expenses incurred by
CONTRACTOR.
REST OF PAGE NOT USED
AJF5025 18
31. ENTIRETY
The foregoing represents the entire Agreement between the
parties.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by and through their authorized officers
the day, month and year first above written.
B AND D CONTRACTORS,
INC.,
By :�� �•
Steven Klasna, President and
Secretary
ATT90T .-, _
-
City Cler
CITY OF HUNTINGTON BEACH
a municipal corporation of
the State of California
Mayor
APPROVED AS TO FORM:
14
r��C' ty Attorney
�NITI ED! A PRO D:
Direct I
r of Public Works
AJF5025
19
r rinrl i v r. ISSUE DATE (MM/DD/YY)
.dal P0
,6
.irsh & McLennan, Incorporated
4695 MacArthur Court
7/28/93
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHS UPON THE HOLDER. THIS CERTIMCATE
DOES NOT AMEND,TEXTEND OR ALTERCERTIFICATE THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
Suite 550
Newport Beach, CA 92660
COMPANIES AFFORDING COVERAGE
COMP
LETTERANY
A CONTINENTAL INSURANCE CO.
COMPANY
LETTER B
INSURED
B & D Contractors, Inc.
635 S. Walnut
COMPANY
LETTER C
La Habra, CA 90631
COMPANY
LETTER D
COMPANY
LETTER E
COVERAGES....777=.:
.. .. . .
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION
OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
A
GENERAL LIABILITY
CBP6145374
12/21/92
12/21/93
GENERAL AGGREGATE
$ 20000(
PRODUCTS-COMP/OP AGG.
$ 10000(
COMMERCIAL
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE Fx I OCCUR.
PERSONAL & ADV. INJURY
$ 10000(
EACH OCCURRENCE
$ 10000(
X OWNER'S & CONTRACTOR'S PROT.
FIRE DAMAGE (Any one fire)
$ 500(
MED. EXPENSE (Any one porsm)
$ 50C
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE
LIMIT
S
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
LIABILITY
IT-7
RGARAGE
PROPERTY DAMAGE
$
EXCESS LIABILITY
EACH OCCURRENCE
S
AGGREGATE
$
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
STATUTORY LIMITS
EACH ACCIDENT
$
AND
DISEASE -POLICY LIMIT
EMPLOYERS' LIABILITY
DISEASE -EACH EMPLOYEE
$
OTHER
DESCRIPTION OF OPERAT)ONS/LOCATVONSIVEHICLES/SPECIAL ITEMS
(SEE REVERSE AND/OR ATTACHED)
CERTIFICATE HOLDER--
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Huntington Beach
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WIL==XXXK
Attn: Dennis Coulter
MAIL ___3_0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
2000 Main Street
LEFT, XXXWXDMXILKMOHMXODUWtMKGDXMIOK)M=IDKXXX
Huntington Beach, CA 92648
XXXXK(XXINMKKMXINXNWXlxxxxommxx9m9mmx2axx
AUTHORUED REPRESENTATIVE
IJ7
ACORD 2S -S /90) ...,PAGE:
Roger H. Smith
r� f
STATE P.O. BOX420807, SAN FRANCISCO, CA 94142-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANC
AUGUST 41 1993
POLICY NUMBER
CERTIFICATE EXPIRES:
F—
CITY OF HUNTINGTON BEACH
BUILDING DIVISION. 3RD FLOOR
2000 PAIN STREET
hJNTINGTON BEACH. CA 92643
L
1296392 — 93
3-18-94
JO'c: ALL OPERATIONS
I
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
30
This policy is not subject to cancellation by the Fund except upon rArXdays' advance written notce to the employer.
30 J
We will also give you TKIA days' advance notice should this policy be cancelled prior to its norrml expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies
described herein is subject to all the terms, exclusions and conditions of such policies. X. "Oov—
PRESIDENT
MPLOYEi<'S LIABILITY LITTT: $3�000e000 PER OCCURR=NCE
ENDORSEMENT P2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIV=
93/18/93 ZS ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
A
E & D CONTRACTORS., INC.
o33 SOUTH :v.ALNUT STREEt
LA HASRAf CALIFORNIA 903631
may
of',I-v
L
SCIF 10262 (REV. 10-86)
/— ,Z)v1u.,)
Submitted to:
Submitted by:
Prepared by:
REQUEST FOR CITY COUNCIL AUTION
Date: June 21, 1993
Honorable Mayor and City Council ".Ppy-OVED BY CITY C- �• w
4 -Ow" 19
Michael T. Uberuaga, City
dW—
ILouis F. Sandoval, Director of Public Works
CITY CLERK
Subject: AWARD OF CONTRACT FOR THE MODIFICATION OF THREE TRAFFIC
SIGNALS AND INSTALLATION OF A FLASHING BEACON IN THE CITY OF
HUNTINGTON BEACH (CASH CONTRACT NO. 879)
Consistent with Council Policy? [X] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, AttachmenU
v iA
STATEMENT OF ISSUE:
On May 17, 1993, the City Council authorized a call for bids for the a new traffic signal installation,
modification of three traffic signals and installation of a flashing beacon at five locations within the City of
Huntington Beach.
RECOMMENDED COUNCIL ACTION:
1. Accept the low bid and award a contract to B and D Contractors, Incorporated, 635 South Walnut
Street, Anaheim, CA 90631; and
2. Authorize the Director of Public Works to expend $165,030 to cover contract costs of $147,594,
estimated construction change orders of $14,759, and anticipated supplemental expenses of $2,647.
ANALYSIS:
The proposed work will include:
1. Modify the existing traffic signal at the intersection of Edinger Avenue and Edwards Street to add left
turns on Edinger Avenue and modify the left turns on Edwards Street by removing the "split phasing"
(see location map, Location No. 2).
2. Modify the existing traffic signal at the intersection of Brookhurst Street and Hamilton Avenue to
provide protected left turns on Hamilton Avenue and remove the existing "split phased" operation (see
location map, Location No. 3).
3. Replace defective existing underground electrical conduit and traffic signal wiring crossing Edinger
Avenue at Sher Lane (see location map, Location No. 4.
Page 2
Signal Modifications
(CC-879)
June 21, 1993
4. Install a new advance flashing beacon and "T-Intersection Ahead" (Caltrans W7A sign) warning sign
on McFadden Avenue immediately west of the Interstate 405 overcrossing (see location map, Location
No. 5). This beacon will warn eastbound motorists on McFadden Avenue of the upcoming "T"
intersection at Sugar Lane.
5. The installation of the new traffic signal at Yorktown/Delaware has been deleted from the cash contract
because it is being funded by Community Development Block Grant funds (see location map, Location
No. 1).
The City estimated the project cost at $250,000 (including the installation of the traffic signal at
Yorktown/Delaware). Bids were received on June 4, 1993, and are listed below in dollar amount:
Contractor Bids
Bid Amount
1. B & D Contractors, Inc. $147,594
2. Steiny and Company, Inc. 176,400
3. Signal Maintenance 191,420
4. Superior Signal Service 203,873
Staff has reviewed each bid and recommends that a Contract in the amount of $147,594 be awarded to B &
D Contractors, Inc.
Contract Amount $147,594
*Anticipated Change Orders 14,759
**Supplemental Expenses 2,677
TOTAL $165,030
* The Director of Public Works is authorized by resolution to spend up to 10 % of the contract amount,
but not to exceed $50,000 on anticipated Change Orders (i.e. unforseen work, etc.).
** Include such things as Edison electrical hook-up and testing.
FUNDING SOURCE:
Funds are available in Account No. E-SF-PW-984-6-43-00.
ENVIRONMENTAL STATUS:
This project is categorically exempt via the General Rule Exemption (CEQA Section 15061(b)(3)).
ALTERNATIVE ACTIONS:
Reject low bid or all bids and do not proceed with the project.
ATTACHMENTS:
Project Location Map �
Bid bonds accepted
Tre: :er's Office
Date: � "% • y-�?
DATE:- Friday, June 4, 1993 2:00 p.m.
ENGINEER'S ESTIMATE: 25OK
PROJECT ENGINEER: Terri Elliot
JOB TITLE AND CC NUMBER: TRAFFIC SIGNAL INSTALLATION; CC-879
Bidder's Name Bid Amount
1.
Amical
2.
B and D Contractors Incorporated
l
3.
Econolite
4.
Paul Gardner Corporation
5.
F. J. Johnson, Incorporated
6.
McCain Traffic Supply
7.
Peek Traffic (Signal Control
8.
Skis Electric
9.
Steiny and Company, Incorporated
10.
Superior Signal Service
a of $ 73, 01
SECTION C
PROPOSAL
for the
TRAFFIC SIGNAL INSTALLATION, THREE SIGNAL MODIFICATIONS AND
FLASHING BEACON FOUNDATION INSTALLATION
at
FIVE VARIOUS LOCATIONS
CASH CONTRACT No. 879
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 120 working days, starting from the date of the
Notice to Proceed.
BIDDER declares that this proposal is based upon careful examination of the work site, plans,
specifications, Instructions to Bidders and all other contract documents. If this proposal is
accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or
lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to
enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of
the guaranty accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set
forth in the Bid Schedule are solely for the purpose of comparing bids and that final
compensation under the contract will be based upon the actual quantities of work satisfactorily
completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE
CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant
expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the
bid opening date. If at such time the contract is not awarded, the AGENCY will reject all
C-1
bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices
shall govern over extended amounts, and words shall govern over figures.
If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in
executing the required contract and filing the necessary bonds and insurance certificates within
10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER,
the proceeds of the security accompanying this bid shall become the property of the AGENCY
and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and
void.
Accompanying this proposal of bid, find t"�'c t?ro�n in the amount of $
which said amount is not less than 10 % of the aggregate of the total bid price, as required by
the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash",
"Certified Check", or "Bidder's Bond", as the case may be).
Bidder shall signify receipt of all Addenda here, if any:
Addenda No..Date Received Bidder's Signature
C-2
PROJECT BID SCHEDULE
Item
Estimated
Item with unit price
Unit Price
Extended
woo
Quantity
written in words,
,(mount
raffic Signal Installation
a elaware Co
Dollars
Cents
{Per Unit}
2.
1 LS
Signal Modification at
Edinger a d Edwards Complete
De}lars
1Li 1RlL. �1X� — et '-=tak
$
$ 6�
jf.db Cents
{Per Unit}
3.
1 LS
Signal Modification at
Edinger and Sher Complete
uusff
nirw� tiw„Amat Jolla►-S c4-
$
$
Cents
{Per Unit}
4.
1 LS
Signal Modification at
Brookhur t and Hami g Complete
v�l
In�rn�se-�'xlla�
$
$
Cents
{Per Unit}
S.
1 LS
Flashing Beacon Foundation Installation on
McFadden at Interstate 405A'
0e WYA1 OM Dollars
$ '
Cents
01J.
{Per Unit}
TOTAL AMOUNT BID IN FIGURES: I $ 1 [+1) SP-1 (- , Ou
IITOTAL AMOUNT BID IN WORDS: o rL..- ha vlrtf-f -�VU (� - §c V(-' A II
U SolrA ) f1 UCH oViA�e�,t�
C-Is
Stipulated Unit Prices
All cost listed below shall include the cost to furnish and install each item. These cost may
be used to modify Lump Sum figures should conditions warrant the deletion or addition of
various items.
Item
Description
Unit
Stipulated
No.
Unit Price
A.
Pull Box No. 5
EACH
B.
Type C Detector Loop
LF
Cable, in Place
C.
1-1/2" Galvanized
LF
Conduit
�$ o
D.
2" Conduit
LF
aj p p
E.
6' Diameter Detector
EACH
Loop, Type E
F.
Detector Loop Cable,
LF
In Place (4#18)
.fiiSo
C-2s
LIST OF SUBCONTRACTORS
In accordance with Government Code Section 4104, the Bidder shall set forth the name and
business address of each subcontractor who will perform work or render service to the bidder
on said contract in an amount in excess of one-half of one percent of the total bid and the
portion of the work to be done by such subcontractor.
Portion Name of Subcontractor and Address State License Class
of Work Number
By submission of this proposal, the Bidder certifies:
1. That he is able to and will perform the balance of all work which is not covered in the
above subcontractors listing.
2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds
furnished by subcontractor for this project.
C-3
NONCOLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WrM BID
State of California
ss.
County of Orange
being first duly sworn, deposes and says that he or she is
V w"r of b 1 is 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.
• 4 .12. UWK T• u
WHOM HUM
Signature of Bidder
6 3.9- WkCRV WArtNa-r- bT
L* 4 Iwa-� 2 CIff R o b 3�
Address of Bidder
Subscribed and sworn to before me this 441� day of _ , 19-.�5 .
NOTARY
rr;;�xr
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 TRAFFIC SIGNAL INSTALLATION, THREE SIGNAL
MODIFICATIONS AND FLASHING BEACON FOUNDATION INSTALLATION,
(I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in
proximity to any electrical secondary or transmission facilities. The term "Qualified Person"
is defined in Title 8, California Administrative Code, Section 2700, as follows:
"Qualified Person: A person who, by reason of experience or instruction, is familiar with
the operation to be performed and the hazards involved. "
The undersigned also promised and agrees that all such work shall be performed in accordance
with all applicable electrical utility company's requirements, Public Utility Commission orders,
and State of California Cal -OSHA requirements.
The undersigned further promises and agrees that the provisions herein shall be and are binding
upon any subcontractor or subcontractors that may be retained or employed by the undersigned,
and that the undersigned shall take steps as are necessary to assure compliance by any said
subcontractor or subcontractors with the requirements contained herein.
Date: C-2}Tl q `)
•
Vrl'. l tl'
By T-
Title
C-5
DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty
of perjury, the following questionnaire.
QUESTIONNAIRE
Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary
interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on
or completing a Federal, State or local government project because of a violation of law or a
safety regulation?
Yes No _.,1,L r
If the answer is yes, explain the circumstances in the space provided.
NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the
Proposal shall constitute signature of this questionnaire.
C-6
COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works
contract has been awarded shall sign the following certificate and shall submit same to the
AGENCY prior to performing any work on this contract:
I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.
Date:
Montractor
.2
rat-r-1—F
Title
C-7
UNDERGROUND SERVICE ALERT
IDENTIFICATION NUMBER
(To be completed only by the awarded Contractor prior to excavation)
No excavation will be permitted until this form is completed and returned to the AGENCY.
Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued
before a Permit to Excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133
a minimum of two working days before scheduled excavation.
Dig Alert Identification Number.
f?:� -� D _ ;mac
Contractor
17 0 3i�1 j
Title
Date:
Note: This form is required for every Dig Alert Identification Number issued by U. S.A. during
the course of the Work. Additional forms may be obtained from the AGENCY upon request.
C-8
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Business Address
t _fr R, R- O.b 31
( 310 ) GR4 —
Telephone Number
a 6721t-► 011110
State Con ctor's License No. and Class
OCII _Q PI, 107 '7 6
Original Date Issued
The work site was inspected by of our office on , 19_.
The following are persons, firms, and corporations having a principal interest in this proposal:
C-9
The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their
ability, financially or otherwise, to perform the contract for the proposed work and
improvements in accordance with the plans and specifications set forth.
Company Name
r
Signature of Bidder
g-Ti✓Vff- S I k—I rl-r — 4 A-
Prrintte or Ty Signature
Address of Bidder
r Ito) �� y. ZULU:—
Telephone Number
Subscribed and sworn to before me this day of is 3 .
NOTARY
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 'T1i o F W-" cI we1+c ,W 353 vu Er i ccw'-4 6�A
lop
Name and Address
2
Name and Telephone No. of Project Manager: MIL C ULIS- RWIU t-WO 4-9L- py,
COdr F'oRNi I"fl lr- --r ► r v
a I� g. S�P4NC-1 -CTP. --
F TRA N �i'oR.-�►-fin •.,t
Name and Address
Name and Telephone No. of Project Manager: M+Jz- 0 f14AT4 O (310 ) M G=?+l kp
. n Id ^,-% tea- - ' - I - --.- ".- i- - - - o
3. 1 r-�F AZRpopa- to c 09-�IE7EL ,, CR-) F'
Name and Address
Name and Telephone No. of Project Manager: �� R- ° r 3 0 i j 0 — -r ( e
C-10
DID 00111)
1100 -B 0 CQNitACTTOitS, _ INC . _ _-._
aR 1'rIncIpaI,
3 r i l l FIDELITY AND GUARANTY INSURANCE COMPANY n r, ; t i r- C-1 y,
Joint Iy aiul reverefly, •[;]trd lver,, our Ilelrr,,
r cl�renenf:ef ivc+n, rrrrrceneorn arid asniylrn, na not forth herein, to
11111
crrY of IIuirruirs,rolt BEACH
(herein called owner) for payment of the penal sum of
TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID------__M��__�_�_�__
Dollars ($_ 10% OF BID---) ,
t ewfiil �inoney of t:lre tJirl fed States. Prirrc3[lie
accompattyirrg bid for the construction of
"PROJECT 879, TRAFFIC SIGNAL INSTALLATION, THREE SIGNAL MODIFICATION AND FLASHING
BEACON FOUNDATION INSTALLATION"
If the Principal in awarded the contract and enters into a
uritt•en contract:, !rr the form prescribed by the Owner, at t-he
prire designated by his bid, and files two bonds with the owner,
or atrbstitrrte security In lieu thereof, one to guarantee pay►nelit-
for- labor arid materialr3 and the other to guarantee f.ait:hful
per•formande, in the time and manner specified by the Owner., and
carries all irisurartce in type and amount which corrfor►ns to the
contract: documents and furnishes required certificates and
i-n(lorseinents thereof, then this obligation shall be null and
void; otherwise it shall remain 1H full force and effect.
Forf.eitnre of thin bond, or any deposit made in l ieri thereof,
shall not preclude tyre Owner from seeking all'other remedles
provided by law to cover losses sustained a:3 a result of the
Principal's failure to do any of the foregoing.
CI }, of Ilirntinytoil 11each
IW- 1110-200-01
C11201AC
1lid llolid - 1 of
1rincipal and Surety agree that if the Owner is -required to
oti(jage the services of. an' attorney in connection with tho
enforcement of this bond, each shall pay owner's reasonable
attorney's fees incurred with or without suit.
Executed on JUNE 3 _ , 19 93
B & D CONTRACTORS, INC.
PRIIICI PAI.
(Seal if Corporation) eyi
Title
(Attach Acknowledgment of Authorized Representative of Principal)
Any claims under this bond may be addressed to:
FIDELITY AND GUARANTY INSURANCE COIWM (name and address of Surety)
2600 EAST NUTWOOD AVENUE
FUg4gON, CA 92631
STON_G/OUIGLEY INSURANCE SERVICES. INC. (name and address of Surety's
agent for service of process in
__1Qi_CQ1,IA, SUITE 1.70 California, if different from
above)
ALISO _VIEJQ,_CA_ _9265�6_
714-362-9208
(Attach Acknowledgment)
110TICE:
(telephone number of Surety's
agent in Calif ornj.a ,.,
COMPANY
SUAE'YX
By
(At -)rn y-in---ct)
MICHAE A. Q
110 suhst-ilut lon or revision to this bond form will be accepted.
Sureties must be at►thorized to do business in and have an age►lt
for service of process in California. certified copy of Power of
Al.tor►ley must be attact►ed. '
City of 1luntingtoll Beach
0('•-1110-200-01
C1120]AC
Bld Bond - 2 of 2
N2 234167
r
FIDELITY AND GUARANTY INSURANCE COMPANY ORK
POWER OF ATTORNEY
NO. 6420
KNOW ALL MEN BY THESE PRESENTS: That FIDELITY AND GUARANTY INSURANCE COMPANY, a corporation organized and existing under
the laws of the State of Iowa and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Michael
A. Quigley, Jennifer Johnston, Michael D. Stong and Sheri L. Chilcoat
of the City of Irvine , State of California its true and lawful Attorneys) -in -Fact, each in their separate
capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other
written instruments in the nature thereof oo behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts;
and executing or guaranteeing bonds and undertakings required or permitted is any actions or proceedings allowed by law. —
ln Witness Whereof, the said FIDELITY AND GUARANTY INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly
attested by the signatures of its Senior Vice President and Assistant Secretary, this 6th day of November , A.D. 19 92 .
FIDELITY AND GUARANTY INSURANCE COMPANY
c�
op
en
(Signed) By... �!-..
00
Senior vice President
(signed) By......... ... . ..... ' �..............
jj Assisuwt Secretary
STATE OF MARYLAND) QO
SS:
BALTIMOItE CITY )
Ou this 6th day of November , A.. h992 , before me pe y� Robert J . Lamendola
Senior Vice President of the FIDELITY AND GUARA NCE COMPANY aod� Paul D . S i�t¢¢ . Assistant
Secretary of said Company, with both of wham I acquainted, who to severally duly awn t1; that they, the said Robert J .
Lamendola and Pau 1�Sims were respective�gtwor Vice President and the Assistant Secretary of
the said FIDELITY AND GUARANTY IN!�CE COMPANY, th y oo describedin and o uted the foregoing Power of Attorney; that they each
knew the seal of said corporation; that the sea affixed to said Po o was such co o that it was so affixed b order of the Board of Directors of
said corporation, and that they signed their names thereto IilEh�as Senior Vice .0
Assistant Secretary, respectively, of the Company.
My Commission expire: the llth d n 1 March �^ A.D 9 95(Sipe.
d)9-
4�onn P O NOTARY PUBLIC
This Power of Attorney is granted under an tirority of the following Resolutions adopted by the Board of Directors of the FIDELITY AND
GUARANTY INSURANCE COMPANY on September 1992:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments
relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorneys) -in -Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,
either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the
Secretary Oran Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each
of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing
Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and unless subsequently
revoked and subject to any limitations set forth therein, 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
with respect to any bond or undertaking to which it is validly attached.
RESOLVED, that Attorney(s)-rn-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations
of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,
and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by
an Executive Officer and sealed and attested to by the Secretary of the Company.
i. Paul D . Sims , an Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE COMPANY, do
hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this
Resolution is in full force and effect.
I, the undersigned Assistant Secretary of the FIDELITY AND GUARANTY INSURANCE COMPANY do hereby certify that the foregoing Power of
Attorney is in full force and effect and has not been revoked.
In Testimony Whereof. I have hereunto set my hand and the seal oft DELITY AND UARANTY INSURANCE COMPANY on this 3RD
day of J11NE , 19 9r3
...........................
t 19T7 Assisbnt secretary
FS 83 (10-92) (HO)
TRAFFIC SIGNAL INSTALLATION, THREE SIGNAL MODIFICATIONS AND
FLASHING BEACON FOUNDATION INSTALLATION
Addendum Number 1
May 20, 1993
Notice to all Bidders,
The installation of the traffic signal at Yorktown Avenue/Delaware Street is deleted from the
contract. Amend the Specifications Cover Sheet, Sheets 1, A-1, B-2, C-1, C-ls, C-5, and D-2,
and delete Sheet 2 of 6 of the Plans.
All bidders shall acknowledge the receipt of this Addendum with their bid proposal. Should you
have any questions regarding this Addendum, please call Terri Elliott of this office at (714) 536-
5580.
Siy,
mnn �
---
Tames Otterson, P.E., P.L.S. .L.S.
rfficaEngineer
I have reviewed Addendum Number 1, dated May 20, 1993. I understand that this Addendum
Number 1 shall be included in the bid documents.
B 1�y 60�*(::'Tepp .. SIG ?Ho
Company Name By
. , �" -c -or 0
D
- s, I •
GS -0. WALNUT STREET
LA HABRA, CALIFORNIA 90631
(213) 6944445
A-'o o
ffl,t t-4 C-WT�'
t-r—jP'A: -'7xkHl'c_
i.f;'i ; i.
i 1� y 'F
T i
J u q it
STATE OF CALIFORNIA
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 pubished 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 27, 1993
June 3, 1993
I declare, under penalty of perjury, that the
foregoing is true and correct
Executed on
June 3
at Costa Mesa, California.
Signature
,199 3
PUBLIC NOTICE
NOTICE INVITING
BIDS CC-879
Notice is hereby given
that sealed bids will be re-
ceived by the City of Hun-
tington Beach at the office
of the City Clerk at City
Hall, 2000 Main Street,
Huntington Beach, Califor-
nia, until the hour of 2:00
p.m. on June 4, 1993, at
which time they will be
opened publicly and read
aloud in the Council Cham-
bers for the Traffic Signal
Installation, 3 Signal Modifi-
cations 8 Flashing Beacon
Foundation Installation in
the City of Huntington
Beach.
A set of plans, specifica-
tions, and other contract
documents may be ob-
tained on May 19,.1993 at
the Department of Public
Works, 2000 Main Street,
Huntington Beach, Califor-
nia, upon receipt of a non-
refundable fee of $20.00.
Each bid shalt 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 Hun-�
tington Beach. The Con-
tractor shall, in the peril
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 statutes pursuant to
which proceedings hereun-
der are taken and which
have riot 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
made in accordance with
the provisions of the pro-
posal requirements.
Each bidder must be li-
censed and also prequali-
fied 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 — of
May 17, 1993.
Connie Brockway,
City Clerk of the City of
Huntington Beach
Published Huntington
Beach -Fountain Valley In-
dependent May 27, June 3,
1993.
054-564
PROOF OF PUBLICATION -
RECEIVED
CITY CLERK
C11Y OF
NUNTINGU� ALIF
Jum q 2 of PH '93
EGA NJ 00 z b Nor
jl-lvg uv-.:, Noinhianm
,id -Ail 3
UP3 All.)
02AI33H
NOTICE INVITING BIDS
CC-.97q
Notice is hereby given that sealed bids will be received by the City of Huntington Beach
at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach,
California, until the hour of 2:00 p.m. on June 4./gga at which time they will be
opened publicly and read aloudin'' the Council Chambers for
the rm=*& 5�p� hctsdak", a S�tngl "aiAna#ans X7asorLin the City of
Huntington Ereach. ,SCAton �oandaon �rrJ/al�orr
A set of plans, specifications, and other contract documents may be obtained
on May a . 1993 at the Department of Public Works, 2000 Main Street,
Huntington Beach, California, upon receipt of a non-refundable fee of -20• oo,
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 lb% of the amount of the bid, made payable to the City of Huntington Beach.
The Contractor shall, in the performance of the work and improvements, conform to the
Labor Code of the State of California and other laws of the State of California applicable
thereto, with the exception only of such variations that may be required under the special
statutes pursuant to which proceedings hereunder are taken and which have not been
superseded by the provisions of the Labor Code. Preference to labor shall be given only in
the manner provided by law.
No bid shall be considered unless it is made on a form furnished by the City of Huntington
Beach, and is made in accordance with the provisions of the proposal requirements.
Each bidder must be licensed and also prequalified as required by law.
The City Council of the City of Huntington Beach reserves the right to reject any or all
bids.
By order of the City Council of the City of Huntington Beach, California the _
of H" /7 . 19 93.
City Clerk of the City -of Huntington Beach
2000 Main Street (714) 536-5431
0328G
Nei r"e, I CREATE A FIJ„E
(35 characters grid)
— — 11� - rAfftf. k%ltrr.yJ4..�f�lla �'��'"t ,,�'" l++iKii L�ia�i�L�d .S _0
ax-1 " - -3 - - - - - - - - - - -
AFTER FILE FOLDER IS COMPLETED, CHECK HERE: & RETURN THIS FORM TO EVELYN!
0895I
REQUEST FOR CITY COUNCIL ACTION
Date: May 17, 1993
Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNCIL,
Submitted by: Michael T. Uberuaga, City Administrator ( s- ? 19
Prepared by: Louis F. Sandoval, Director, Public W
Subject: NEW TRAFFIC SIGNAL INSTALLATION AND MODIFICATIONS TO THREE
EXISTING TRAFFIC SIGNALS
Consistent with Council Policy? [X] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions,
STATEMENT OF ISSUE:
Staff has completed the necessary plans and specifications for the new traffic signal installation at the
intersection of Yorktown Avenue at Delaware Street, the three traffic signal modifications at the intersections
of a) Edinger Avenue at Edwards Street, b) Edinger Avenue at Sher Lane, c) Brookhurst Street at Hamilton
Avenue, and the installation of a new flashing beacon on McFadden Avenue at the I-405 overcrossing.
Staff is ready to advertise the project and solicit bids for the new traffic signal installation, the three traffic
signal modifications, and the new flashing beacon.
RECOMMENDED COUNCIL ACTION:
1. Approve the plans and specifications
Dclaww,& Street, and the three traffic signal modifications at the intersections of Edinger Avenue at
Edwards Street, Edinger Avenue at Sher Lane, Brookhurst Street at Hamilton Avenue, and installation
of the new flashing beacon on McFadden Avenue at the I-405 overcrossing.
2. Authorize the Director of Public Works to solicit bids to install the new traffic sigrral, modify the three
signals, and install the new flashing beacon.
3. Approve the attached sample construction contract.
ANALYSIS•
The proposed work will include:
Page 2
New Traffic Signal
Installations (CC-879)
May 17, 1993
1. Install a new traffic signal at the intersection of Yorktown Avenue and Delaware Street (see location
map, Location No. 1). The probable construction cost estimate of this installation is $120,000.
2. Modify the existing traffic signal at the intersection of Edinger Avenue and Edwards Street to add left
turns on Edinger Avenue and modify the left turns on Edwards Street by removing the "split phasing"
(see location map, Location No. 2). The probable construction cost estimate of this installation is
$70,000.
3. Modify the existing traffic signal at the intersection of Brookhurst Street and Hamilton Avenue to
provide protected left turns on Hamilton Avenue and remove the existing "split -phased" operation (see
location map, Location No. 3). The probable construction cost estimate is $35,000.
4. Replace defective existing underground electrical conduit and traffic signal wiring crossing Edinger
Avenue at Sher Lane (see location map, Location No. 4). The probable construction cost estimate is
$12,000.
5. Install a new advance flashing beacon and "T-Intersection Ahead" (Caltrans W7A sign) warning sign
on McFadden Avenue immediately west of the Interstate 405 overcrossing (see location map, Location
No. 5). This beacon will warn eastbound motorists on McFadden Avenue of the upcoming "T"
intersection at Sugar Lane. The probable construction cost estimate of this project is $8,000.
FUNDING SOURCE:
Funds are available in Account No. E-SF-PW-984-6-43-00.
ENVIRONMENTAL STATUS:
This project is categorically exempt via the General Rule Exemption (CEQA Section 15061 (b)(3)).
ALTERNATIVE ACTIONS:
1. Do nothing - forgo the installation of a new traffic signal, modifications to existing signals, and
installation of a new flashing beacon to some future date.
2. Install or modify a portion of the traffic signals included on this list.
ATTACHMENTS:
Project Location Map
Special Provisions
Sample Contract
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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
April, 1993
Prepared Under the Supervision of:
'Ii�// /
- raffic En-gineer, I
Approved by:
t E. Eichblatt, City ngmeer,
¢/Z T/93
No. 1578
Exp. te.ia-9s 7(r
never.&&
STANDARD SPECIAL PROVISIONS
FOR THE CONSTRUCTION OF
TRAFFIC SIGNALS AND STREET LIGHTING
I1fi]
THE CITY OF HUNTINGTON BEACH
April, 1993
Installation of new or modification of existing traffic signals, systems, street lighting, and
Emergency Vehicle Pre-emption equipment shall conform to the provisions in Section 86,
"Signals and Lighting" of the Standard Specifications, and the Standard Plans of the State of
California, Department of Transportation dated July, 1992, applicable sections of the National
Electrical Code, current City of Huntington Beach Standard Plans, the plans, and these special
provisions.
The City of Huntington Beach Traffic Engineer shall be the sole arbiter of the prevailing
specification should a conflict arise between Section 86 of the Standard Specifications and the
Standard Plans of the State of California, Department of Transportation, the National Electrical
Code, current City of Huntington Beach Standard Plans, the plans, and these special provisions.
Such other items or details not mentioned, that are required by the plans, Caltrans Standard
Specifications, Caltrans Standard Plans, the National Electrical Code, current City of Huntington
Beach Public Works Department Standard Plans, or these Special Provisions shall be performed,
placed, constructed or installed to provide a totally functioning operation as intended.
The contractor shall supply all materials and equipment necessary to perform the work as
specified herein unless noted otherwise on the plans.
The following items are modifications to specific portions of Section 86, "Signals and Lighting"
of the July, 1992 Standard Specifications and Standard Plans of the Department of
Transportation (Caltrans) of the State of California.
86-1.015 Definitions
The following terms and definitions shall be added to §86-1.015:
The city shall be defined as the City of Huntington Beach.
The Engineer shall be defined as the City of Huntington Beach Traffic Engineer or his
representative.
The phrases "State owned", "State furnished", or "State supplied" (and similar terms)
shall mean City of Huntington Beach owned, City of Huntington Beach furnished, or
City of Huntington Beach supplied unless noted otherwise on the plans.
spec6U.93
Page 2
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
April, 1993
86-1.03 Equipment List and Drawings
The following shall be added to §86-1.03:
One (1) complete set of project plans and these special provisions shall be kept on the
job at all times, to be used as record drawings. Throughout the duration of the contract
work, it shall be the responsibility of the Contractor to maintain a currently updated
record of all construction changes and variations from the contract drawings. Two (2)
complete sets of "As -Built" prints shall be delivered to the Traffic Engineer, 2000 Main
Street, Huntington Beach, CA 92648 upon completion of the work. The contractor shall
keep at least one copy of the current State of California Department of Transportation
(Caltrans) Standard Plans and Standard Specifications on the job at all times.
86-1.04 Warranties. Guarantees and Instruction Sheets
§86-1.04 shall be amended to read:
Materials lists, manufacturer's data, warranties, guarantees, brochures, technical data,
operating manuals, etc., shall be labeled and identified, and shall be submitted in bound
booklet form prior to acceptance of the project.
86-1.05 Maintaining Existing and Temporary Electrical Systems
The first sentence of the sixth paragraph shall be amended to read as follows:
Where damage is caused by the Contractor's operations, the Contractor shall, at his
expense, repair or replace damaged facilities within twenty four hours in accordance with
these specifications.
86-1.06 Scheduling of Work
The ninth paragraph shall be amended to read as follows:
Functional tests shall start on any working day except Monday or Friday, or the day
preceding or following a legal holiday.
.peeid..9s
Page 3
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
April, 1993
86-2.01 Excavating and Backfilling
The following shall be added to §86-2.01:
Backfilling in roadway areas shall be with one (1) sack P.C.C. slurry to bottom of
roadway surfacing material unless otherwise directed by the Engineer or shown on the
plans.
All "Potholing" within roadway areas shall be backfilled with City -approved "one sack
slurry" mix.
Backfill in all trenches and pull box sumps not in roadway areas shall be compacted to
90% Relative Compaction unless directed otherwise by the Engineer.
86-2.02 Removing and Replacing Improvements
The second paragraph shall be amended to read as follows:
Whenever a part of a square or slab of existing concrete sidewalk, curb, gutter, or
driveway is broken or damaged, the sidewalk, curb, gutter, or driveway shall be
removed completely from score line to score line. Sidewalk shall be replaced from back
of curb to back of walk, curb and gutter shall be replaced from edge of sidewalk to edge
of asphalt, and driveways shall be replaced at the direction of the Engineer. Portland
Cement Concrete (P.C.C.) shall conform to §303-5 of the latest Standard Specifications
for Public Works Construction (commonly referred to as the "Green Book").
Improvements shall be installed per the latest City of Huntington Beach Public Works
Department Standard Plans.
86-2.03 Foundations
The following shall be added to §86-2.03:
The contractor shall construct the controller cabinet foundation as shown on State
Standard Plan ES-4B for Type P cabinets, including furnishing and installing anchor bolts
(except that foundation shall extend 18" above grade and not 3'fi" as shown) and shall
install the controller cabinet on said foundation. A ground electrode (for radio
interference suppression purposes only) shall be installed towards the front of the cabinet
foundation and in the general vicinity of the cabinet door hinge. This electrode shall not
be connected to any electrical circuit grounding conductor.
vaci,&.s3
Page 4
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
April, 1993
86-2.05 Conduit
W-2.05A Material
The first paragraph shall be amended to read:
All new buried conduit, except as noted on the plans, shall be Schedule 80 rigid non-
metallic type conforming to UL Publication UL651 for rigid non-metallic conduit. Non-
metallic bell end bushings, Carlon plus E997J or approved equal, are to be placed on the
terminating ends of all conduits prior to installing the conductors.
U6-2.05B Use
The third paragraph, item number six, shall be amended to read:
Not otherwise specified shall be 2-inch.
86-2.05C Installation
The eleventh paragraph shall be amended to read:
A No. 12 copper pull wire shall be installed in all conduits which are to receive future
conductors. At least 2-feet of pull wire shall be doubled back into the conduit at each
termination.
The thirteenth paragraph shall be amended to read:
Conduit shall be laid to a depth not less than 18 inches below or greater than 36 inches
below grade in portland cement concrete sidewalk areas and curbed paved median areas,
and not less than 30 inches below grade or greater than 48 inches below finished grade
in all other areas, unless shown otherwise on the plans.
The sixteenth paragraph shall be amended to read:
The "Trenching in Pavement Method" is dis-allowed in the City of Huntington Beach
unless previously authorized in writing by the Engineer for the individual installation
location as shown on the plans. The following conduit installation methods shall be the
approved installation methods unless noted otherwise on the plan:
Conduit shall be installed using drilling or jacking methods, except in the following
situations:
■pw".93
Page 5
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
April, 1993
Conduit may be installed using mechanical trenching methods if the conduit is to
be installed in a new street that has not been paved prior to conduit trenching.
2. Conduit may be installed via manual trenching methods in an existing paved street
if:
a. Jacking or drilling methods have been tried three times and subsurface
conditions have prevented the successful installation of conduit.
b. The inspector has determined that underground conditions or underground
utilities make the use of jacking or drilling methods unsafe. If this
condition is applied, manual trenching methods will be acceptable. No
machine trenching method will be allowed.
The seventeenth paragraph shall be amended to read:
Rigid non-metallic type conduit and plastic coated rigid steel conduit shall not be used
for drilling and jacking. Rigid non-metallic type of conduit and plastic coated rigid steel
conduit may be installed under existing pavement if a hole larger that the conduit is pre -
drilled and the conduit installed by hand. Rigid metal conduit, to be used as a drilling or
jacking rod, shall be fitted with suitable drill bits for required hole size.
The twentyseventh paragraph shall have these additional requirements:
Conduit entering pull boxes shall terminate a minimum of 2" above the grouted bottom
of the pull box and not less than 8" from the top of pull box. The conduit shall be
placed in a manner that facilitates pulling of conductors in a straight line and clearing box
wall by 2" (angle of exit).
q=".93
Page 6
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
April, 1993
86-2.06 Pull Boxes
86-2.06A Materials
The first paragraph shall be amended to read:
All new pull boxes shall be plastic lined PCC, except where noted otherwise on the
plans. All new pull box extensions shall be PCC, except where noted otherwise on the
plans. All new pull box lids shall be fiberglass, except where noted otherwise on the
plans. Pull box lid bolt -down hardware shall not be required unless noted otherwise on
the plans. All new pull boxes shall be No. 6 unless noted otherwise on the plans. New
pull boxes and pull box lids shall be the following Christy Concrete Products, Inc. pull
boxes, or approved equal:
`- Pull Box
Size.:
Pull Box (Christy
Concrete:. Products, Inc.
Catalog. -No.)
Pull Box Lid (Christy.
Concrete Products, Inc.
Catalog No.j
3 1/2
N9
FL9T
5
N30
FL30T
6
N36
FL36T
86-2.06B Cover Marking
State Standard Plan ES-8, "Pull Box Details", Note 4-a.5 and b.10, shall not apply to this
project.
86-2.06C Installation and Use
The second paragraph shall be amended to read:
All new pull box installations shall be grouted. The pull boxes shall be bedded in
crushed rock as shown on the plans and shall be grouted prior to the installation of
conductors. The grout shall be between 0.5-inch and one inch thick and shall be sloped
toward the drain hole. A layer of roofing paper shall be placed between the grout and
the crushed rock sump. A one inch drain hole shall be provided in the center of the pull
box through the grout and the roofing paper.
xpw".ss
Page 7
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
April, 1993
The third paragraph shall be amended to read:
Where the sump of an existing pull box is disturbed by the contractor's operations, the
sump shall be reconstructed and, if the sump was grouted, the old grout shall be removed
and new grout placed. Where the sump of an existing non -grouted pull box is disturbed
by the contractor's operations, the sump shall be reconstructed and new grout and roofing
paper shall be placed as described above.
The following shall be added to §86-2.06C:
No new or existing pull box shall be located in or within 1' of any wheelchair ramp.
86-2.08 Conductors and Wiring
The following shall be added to §86-2.08:
Conductors, #10 AWG or smaller, shall be solid.
Conductors, #8 AWG and larger, shall be stranded.
Emergency vehicle pre-emption (EVP) cable shall be continuous, without splices, from
optical detector to controller cabinet.
86-2.08A Conductor Identification
The following shall be added to §86-2.08A:
Insulation color for bicycle push button conductors shall be solid blue.
86-2.08E Signal Interconnect Cable
The first sentence of the first paragraph shall be amended to read:
Signal Interconnect Cable (SIC) shall consist of AWG No. 20 (minimum) stranded,
tinned copper conductors with the number of pairs as specified on the plans (six pair
minimum).
The third paragraph shall be amended to read:
SIC shall be continuous between traffic signal controller cabinets without breaks or
splices. A minimum of six feet of slack shall be provided at each controller cabinet.
spw".ss
Page 8
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
April, 1993
The fourth paragraph shall be deleted from §86-2.08E.
The following shall be added to §86-2.08E:
The ends of the unused signal interconnect conductors in the cabinet shall be folded back
and taped securely to the cable.
86-2.09 Wirine
86-2.09C Connectors and Terminals
The following shall be added to §86-2.09C:
Compression -type terminals (spade or eyelet) shall not be permitted for termination on
solid conductors.
86-2.09D Splicing
§86-2.09D shall be amended to read:
Unless shown otherwise on the plans or permitted by the Engineer, splices in traffic
signal conductors shall not be made between terminal blocks. Splices in street lighting
(multiple circuit) and intersection safety lighting conductors shall be made in the base of
the standard or adjacent pull box.
Splices in street lighting or intersection safety lighting conductors shall conform to §86-
2.09E and Standard Plan ES-13. Splices shall be insulated by Method B for Handcrafted
Insulation.
86-2.10 Bonding, and Grounding
The second sentence of the seventh paragraph shall be amended to read:
Ground electrodes shall be one piece, 10-foot length, 5/8-inch nominal diameter stainless
steel and meet the requirements of the Code.
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Page 9
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
April, 1993
86-2.11 Service
The following shall be added to §86-2.11:
Traffic signal service equipment enclosures shall be furnished with the following unless
shown otherwise on the plans:
1. 50 amp breaker for traffic signals (120V metered).
2. 30 amp breakers for safety lighting (120V metered).
3. Safety lighting contactor and test switch.
The eighth paragraph shall be amended to read:
Service equipment enclosures shall be fabricated from aluminum and conform to the
requirements of §86-3.07A, "Cabinet Construction." Service equipment enclosures shall
be provided with a baked enamel finish coat, white in color and a method of securing the
enclosure utilizing a padlock. With a City -furnished padlock in place, it shall not be
possible to force entry into the enclosure by hand without the use of tools. Service
enclosures shall conform to City of Huntington Beach Standard Plan No.s 402 A-D,
unless shown otherwise on the plans. Standard traffic signal installations will utilize the
service pedestal shown in City of Huntington Beach Standard Plans 402 A&B unless
shown otherwise on the plans.
The eleventh paragraph shall be amended to read:
The Contractor shall be responsible for applying for and arranging with the serving utility
to complete service connections for both temporary and permanent installations, and the
Contractor shall pay all costs and fees required by the utility.
The twelfth paragraph shall be amended to read:
All costs of all electrical energy utilized until the successful completion of the functional
testing period(s) for new street lighting and/or traffic signal systems shall be the
contractor's responsibility. Upon the successful completion of the functional testing
period(s) the subsequent costs of all electrical energy utilized to operate the newly
installed system shall be the responsibility of the City.
The fourteenth paragraph shall be deleted from this section.
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Page 10
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
April, 1993
86-2.14 Testing
86-2.14A Materials Testing
The following shall be added to §86-2.14A:
For city funded or administered projects, the city will be responsible for the costs of the
initial soil and geotechnical material tests. The costs of all subsequent soil or geotechnical
material tests deemed necessary due to the failure of the initial tests shall be the
responsibility of the contractor. The contractor shall be responsible for the costs of all
soil and geotechnical materials testing for privately funded projects, as required by the
Engineer.
The second sentence of the first paragraph shall be amended to read:
The costs of all equipment and materials testing, except as noted otherwise in this
section, shall be the contractor's responsibility.
The fourth paragraph shall be amended to read:
The contractor shall allow 30 days for material and equipment testing from the date the
material or equipment is delivered to the test site. When the equipment or material being
tested has been rejected for failure to comply with these specifications, the contractor
shall allow 30 days for subsequent retesting. The retesting period shall begin when the
corrected equipment or materials are made available at the test site.
The sixth paragraph shall be amended to read:
It is the contractor's responsibility to pick up and deliver all required materials and
equipment to and from the point of purchase, the test site, and the work site. The city
shall not be responsible for pick up or delivery of any materials or equipment unless
noted otherwise on the plans or in these specifications.
86-2.14C Functional Testing
The first sentence of the fifth paragraph shall be amended to read:
The city shall be responsible for the costs of electrical energy for testing of modified,
city -owned street lighting and traffic signal systems.
speciaL.93
Page 11
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
April, 1993
The following shall be added to §86-2.14C:
The Contractor shall, at his own expense, arrange to have a signal technician, qualified
to work on the controller assembly and employed by the controller assembly
manufacturer or his representative, present at the time the equipment is turned on.
86-3 Controller Assemblies
86-3.01 Controller Assembly
The following shall be added to §86-3.01:
Contractor shall furnish the following items as a complete package:
1. Caltrans Model 170E Micro Processor Intersection Controller Unit Assembly,
supplied with a Serial Extender Board and two each 1200/2400 Baud Modems
(GDI Model 404 or approved equal). The controller assembly shall be configured
and jumpered to have all Random Access Memory (RAM) and Programmable
Read Only Memory (PROMs) on the Central Processor Unit (CPU) circuit board
(configuration No. 2 in the Caltrans Model 170E Operations Manual). The serial
extender board shall access ACIA Port No. 4 (COM 4) and shall provide a db 9
(female) plug on the face plate of the serial extender board. The db 9 plug shall
be configured for standard IEEE RS232C serial port operations. The removable
circuit boards within the intersection controller unit assembly shall be installed
individually in a vertical plane, parallel to one another. The Model 170E
controller unit assembly, the serial extender board, and 1200/2400 baud modems
shall comply with the latest Caltrans Model 170 controller specifications and
addendums No. 5 & 6, and the Caltrans letter of understanding dated January 13,
1993. Only manufacturers listed on the current Caltrans Qualified Products List
shall be allowed to provide the controller assembly, serial extender board, and
modem modules. The preferred manufacturer shall be Peek Traffic/Signal
Control Company.
2. BI Tran Systems, Inc. Model 170 Controller Traffic Signal Program 233 (latest
edition), one copy per each Model 170E controller assembly supplied.
3. Antares, Inc. 170 To NEMA Adaptor, Model 1000000A (latest version),
complete with NEMA D Panel connector, one each per Model 170E controller
assembly supplied.
spw".93
Page 12
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
April, 1993
86-3.05 Controller Assembly Testing
The second sentence of the second paragraph shall be amended to read:
A Certificate of Compliance with the approved procedure and a test report signed by a
responsible managing employee shall accompany each controller assembly submitted to
city for acceptance prior to installation and functional testing in its final location.
86-3.07 Controller Cabinets
The following shall be added to §86-3.07:
Contractor shall furnish a Type P cabinet with thirty-two (32) vehicle detector connecting
cables, conflict monitor and all appurtenant equipment (including load switches and 24
detector amplifiers) necessary to operate eight traffic phases.
86-3.07A Cabinet Construction
The following shall be added to §86-3.07A:
Cabinet shall be aluminum and painted white.
A steel load switch bay shall be provided.
86-3.07B Cabinet Ventilation
The first paragraph of §86-3.07B shall be amended to read:
Rain tight, screened vent holes shall not be provided. Louvered vents with a permanent
metal mesh and 14-inch by 10-inch by 1-inch 4-ply woven polypropylene air filter held
firmly in place, which is to permit the fan to pass the volume of air specified, shall be
provided in the cabinet door. Air filter support brackets shall have drain holes and the
drain holes shall not drain to the outside of the cabinet.
.pec6&.s3
Page 13
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
April, 1993
86-3.07C Cabinet Wiring
The following shall be added to §86-3.07C:
Flasher units shall be wired to flash phases 1, 2, 3 and 4 simultaneously and phases 5,
6, 7, and 8 simultaneously. Phases 1, 2, 3, and 4 shall not flash concurrently with
phases 5, 6, 7, and 8.
Cabinet shall include a NEMA "D" connector.
86-3.07D Cabinet Accessories
The following shall be added to §86-3.07D:
Labels on detectors and detector cables shall correlate controller phase designations with
phase designations shown on the plans.
Cabinet shall be furnished with a Detector Systems, Inc. Model DS-217 two position
EVP equipment mounting rack, provided in the "flanges in" configuration.
86-3.08 Auxiliary uipment
86-3.08B(1) Emergency Vehicle Pre-emption Equipment
The following shall be added to §86-3.08B(1):
The Contractor shall furnish and install optical detectors and detector cable, and shall
make all wiring connections and aim detectors as specified by the manufacturer.
Optical detectors shall be 3M Model No. 511, 521, or 522.
Discriminator modules shall be 3M Model No. 262.
Optical detector signal cable shall be 3M Model No. M-138, or approved equal.
86-3.08C Monitoring Devi
The following shall be added to §86-3.08C:
Conflict monitor shall be Eberle Designs, Inc. Model SSM-12LEPR.
.pee".s3
Page 14
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
April, 1993
86-3.08K Convenience Receptacle
The following shall be added to §86-3.08K:
The convenience receptacle shall have ground -fault circuit interruption as defined by the
National Electrical Code. Circuit interruption shall occur on 6 milliamperes of ground -
fault current and shall not occur on less than 4 milliamperes of ground -fault current.
86-3.08L Flasher
The third paragraph shall be amended to read:
Flasher shall provide 2 output circuits to permit alternate flashing of signal faces and
shall be capable of carrying a minimum of 20 amperes per circuit at 120 volts.
86-4 Vehicle Signal Faces and Signal Heads
86-4.01 Vehicle Signal Faces
The following shall be added to §86-4.01:
Signal section housings, backplates, and visors shall be plastic type, unless noted
otherwise on the plans.
All exposed and interior fasteners shall have an anti -seize compound (No -Lox or
approved equal) applied before installation.
86-4.O1A Optical Units
The following shall be added to the first paragraph:
Contractor shall supply and install all required light bulbs. Vehicle indication light bulbs
shall be Duro Test or approved equal.
86-4.01B Signal Section,
The following shall be added to §86-4.01B:
All indications shall be 12 inch.
q="."
Page 15
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
April, 1993
86-4.05 Pedestrian Signals
The following shall be added to §86-4.05:
Pedestrian signals shall be Indicator Controls Corp. Model 4094B or approved equal,
with clamshell mounting and Z-crate type screen.
All pedestrian signal housings shall be aluminum. All pedestrian signal screens shall be
plastic.
All exposed and interior fasteners shall have an anti -seize compound (No -Lox or
approved equal) applied before installation.
86-4.06 Signal Mounting. Assemblies
The following shall be added to §86-4.06:
All exposed and interior fasteners shall have an anti -seize compound (No -Lox or
approved equal) applied before installation.
The fourth sentence of the first paragraph is amended to read:
Post top slip -fitters, mast arm slip fitters, and terminal compartments shall be cast
bronze.
86-5 Detectors
86-5.OlA(3) Sensor Unit Construction
The following shall be added to §86-5.01(A):
All loop detector amplifiers shall be single channel. Amplifiers shall be Detector
Systems, Inc., Model number 913B, unless shown otherwise on the plans.
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Page 16
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
April, 1993
86-5.01A(4) Construction Materials
The following shall be added to §86-5.OlA(4):
Loop wire shall be Type 2.
Loop detector lead-in cable shall be Type C, unless specified otherwise on the plans.
When 4418 loop detector lead-in cable is specified on the plans, the loop detector lead-in
cable shall be Canoga Controls Corporation 30003 polyethylene jacketed cable, with
water blocking per Type B loop detector lead-in cable.
86-5.01A(5) Installation Details
The following shall be added to §86-5.01A(5):
Unless shown otherwise on the plans all new loop detectors shall conform to Standard
Plan ES-5B, Type E, except that the loops shall be 6-foot diameter (not 6-inch diameter
as shown) and shall be spaced 10-feet apart in the direction of travel (not 10-inches as
shown).
Loop detector sealant shall be "Hot -Melt Rubberized Asphalt Sealant".
Loop detectors shall be installed (including sealant) on the same day in which the loop
detector slots are cut.
Curb terminations shall be as shown on Standard Plan ES-5E, Type A.
The number of loop detector lead-in cables required to achieve the specified detection
shall be installed.
Splices will not be allowed in the loop detector lead-in cable between the controller
cabinet and the pull box adjacent to the loop detector installation.
Loop detector to loop detector lead-in cable splicing shall conform to §86-2.09D. Splices
shall be insulated according to §86-2.09E, Handcrafted Insulation for Detector Circuits.
Heat -shrink tubing is dis-allowed.
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Page 17
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
April, 1993
86-5.02 Pedestrian Push Buttons
The following shall be added to §86-5.02:
Pedestrian push buttons shall be Standard Plan ES-5C, Type B. Push button assemblies
shall be McCain Signal Products Catalog No. MPB.02 with polycarbonate push button
cover or approved equal.
86-6.01 Luminaires
Intersection safety lighting luminaires shall comply with §86-9 of these special provisions. The
luminaires shall be the type specified for arterial streets.
The output wattage of the intersection safety lighting luminaires shall be as shown on the plans.
86-6.065 Internally Illuminated Street Name Signs
§86-6.065 shall be deleted and replaced with the following:
A solid box superimposed upon the traffic signal mast arm symbol on the plans shall
indicate that a complete Non -Illuminated Mast Arm Street Name Sign assembly shall be
installed on that mastarm. The sign mounting hardware and location details shall be as
shown in the City of Huntington Beach Standard Plan No.s 403 & 404 A&B.
The following specifications define requirements for Non -Illuminated Mast Arm Street
Name Signs:
Sign Message:
Street Name Suffixes shall not be used.
Letter size, style, spacing, arrows, logos and borders shall generally conform to
the current State of California Department of Transportation (Caltrans) Traffic
Manual, Table 4-4 and Table 4-7, and Sign Specifications for Type G7 Advance
Street Name Signs. Non -Illuminated Mast Arm Street Name Signs shall be double
sided unless noted otherwise on the plans.
spw"."
Page 18
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
April, 1993
Sign Materials:
The sign panel shall be 0.080-inch thick new sheet aluminum alloy 3003-H14 or
5052-H32. The sign panel shall have shear -trimmed or roll -slit edges with
workman -like quality. The corners of the sign panel shall be 3-inch radius. Four
0.375-inch diameter sign attachment holes shall be provided in each sign. The
sign attachment holes shall be in the positions specified on City of Huntington
Beach Standard Plan No. 404B, with the 'A' dimension of 13 inches. The
mounting holes shall be 4-inches in -board of the outside vertical edge of the sign
and generally conform to the positions shown on Standard Plan 404B. The signs
shall be attached to the mounting brackets with 0.375-inch diameter stainless steel
bolts with two stainless steel cut flat washers and secured with stainless steel
Nylock' nylon locking nuts.
Two types of sign facing materials and application methods are acceptable.
Method A:
White 3M Diamond Grade (or City -approved equal) prismatic sheeting
shall be applied to the entire sign panel face. The sign message shall be
cut into a non -reflective translucent film mask which shall be applied over
the reflective sheeting. The color of the non -reflective translucent film
shall be Federal Highway Blue. The translucent film shall be 3M
Translucent Film or City -approved equal.
IUrMI OIN
Federal Highway Blue 3M Diamond Grade (or City -approved equal)
prismatic sheeting shall be applied to -the entire sign panel face. The sign
message and border shall consist of White 3M Diamond Grade (or City -
approved equal) prismatic sheeting applied to the Federal Highway Blue
background.
86-9 Street Lighting, General
This section shall be an addition to the sections present in Section 86 of the Caltrans July, 1992
Standard Specifications.
City -owned street lighting systems shall be constructed utilizing the previous special provisions
and the following material and construction specifications:
,pw"."
Page 19
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
April, 1993
Non -arterial Streets:
Non -arterial streets shall be any street not shown on the current Orange County Master -Plan of
Arterial Highways.
Street lighting poles shall be Ameron Catalog No. 6C1-17F6 (or approved equal).
When the plans specify 70 Watt High Pressure Sodium Vapor (HPS) Luminaires, one of
the following luminaires types shall be installed:
General Electric Catalog No. M2AC-07-S-0-N-1-G-MC3-1 (Multi -tap ballast)
General Electric Catalog No. M2AC-07-S-7-N-1-G-MC3-1(120/240 VAC ballast)
Hubbell Catalog No. RMC-3-3 (Fixture Housing) with RMD-07S26-3 (Power
Door)
When the plans specify 150 Watt High Pressure Sodium Vapor (HPS) Luminaires, one
of the following luminaires types shall be installed:
General Electric Catalog No. M2AC-15-S-0-N-1-G-MC3-1 (Multi -tap ballast)
General Electric Catalog No. M2AC-15-S-7-N-1-G-MC3-1(120/240 VAC ballast)
Hubbell Catalog No. RMC-3-3 (Fixture Housing) with RMD-15S28-3 (Power
Door)
These catalog numbers specify a luminaire with IFS Type III distribution, full lighting
cut-off, power door ballast assembly, 120/240 VAC or multi -tap lighting ballast, and
bulb.
Arterial Streets:
Arterial streets shall be any street shown on the current Orange County Master Plan of Arterial
Highways.
For all arterial streets except Pacific Coast Highway, Walnut Avenue between Sixth
Street and First Street, and Pacific View Avenue between First Street and Beach
Boulevard, lighting poles shall be Ameron Catalog No. 1C1-28N8 (or approved equal).
opw".93
Page 20
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
April, 1993
When the plans specify 250 Watt High Pressure Sodium Vapor (HPS) Luminaires, one
of the following luminaires types shall be installed:
General Electric Catalog No. M4AC-25-S-0-N-1-G-MC3-1 (Multi -tap ballast)
General Electric Catalog No. M4AC-25-S-7-N-1-G-MC3-1(120/240 VAC ballast)
Hubbell Catalog No. RLC-3-3 (Fixture Housing) with RLD-25S38-3 (Power
Door)
When the plans specify 400 Watt High Pressure Sodium Vapor (HPS) Luminaires, one
of the following luminaires types shall be installed:
General Electric Catalog No. M4AC-40-S-0-N-1-G-MC3-1 (Multi -tap ballast)
General Electric Catalog No. M4AC-40-S-7-N-1-G-MC3-1(120/240 VAC ballast)
Hubbell Catalog No. RLC-3-3 (Fixture Housing) with RLD-40S38-3 (Power
Door)
These catalog numbers specify a luminaire with IES Type III distribution, full lighting
cut-off, power door ballast assembly, 120/240 VAC or multi -tap lighting ballast, and
bulb.
The contractor shall install a pull box adjacent to the new street light pole base with 1
1.5-inch conduit between the pull box and the street light. The street light pole
foundation installation shall comply the pole manufacturer's recommendations. All street
lighting and intersection safety lighting poles shall have an in -line fuse installed. Street
lighting poles shall have the in -line fuse installed in the pull box adjacent to the pole.
Intersection safety lights shall have the in -line fuse installed in the pole base of the traffic
signal pole or lighting pole supporting the intersection safety lighting luminaire. The in -
line fuse shall include a water -tight housing and shall be Fusetron or approved equal.
Street lighting systems installed on Pacific Coast Highway (State Route 1), Walnut
Avenue between Sixth Street and First Street, and Pacific View Avenue between First
Street and Beach Boulevard (State Route 39) shall require Ameron Catalog No. 1-C3-22-
J8 or Ameron 1-0-2248D street light poles (as shown on the plans). Luminaires shall
be 250 Watt HPS or 400 Watt HPS as shown on the plans.
Street lighting pole and conduit installations on Pacific Coast Highway and Beach
Boulevard shall require Caltrans plan approval and encroachment permits.
apm".m
Page 21
Huntington Beach
Traffic Signal and Street Lighting
Standard Special Provisions
April, 1993
For privately funded projects, all costs associated with design, encroachment permit
applications, inspections, installation of street lighting equipment, materials, or labor
associated with the street lighting installations or modifications shall be the contractor's
responsibility.
.pec".93
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF
HUNTINGTON BEACH AND
FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT
MAIN STREET AND DELAWARE AVENUE (CC 791)
THIS AGREEMENT is made and entered into on this
day of , 1993, by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the State of California,
hereinafter referred to as "CITY," and
a
California corporation, hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project,
hereinafter referred to as "PROJECT," more fully described as the
installation of a new traffic signal and four traffic signals in
the City of Huntington Beach; and
CONTRACTOR has been selected and is to perform said work,
NOW, THEREFORE, in consideration of the promises and
agreements hereinafter made and exchanged, the parties covenant
and agree as follows:
1. STATEMENT OF WORK; ACCEPTANCE OF RISK
CONTRACTOR shall furnish, at its own expense, all labor,
plans, tools, equipment, supplies, transportation, utilities and
all other items, services and facilities necessary to complete and
construct the PROJECT in a good and workmanlike manner.
CONTRACTOR agrees to assume the risk of all loss or
damage arising out of the nature of the PROJECT, during its
progress or prior to acceptance, from the action of the elements,
from any unforeseen difficulties which may arise or be encountered
in the prosecution of work, and for all other risks of any
description connected with the work, including, but not limited
to, all expenses incurred by or in consequence of the suspension
or discontinuance of work, except such as are herein expressly
stipulated to be borne by CITY, and for well and faithfully
completing the work within the stipulated time and in the manner
shown and described in this Agreement, and in accordance with the
requirements of CITY under them for the compensation set forth in
the accepted bid proposal.
However, the total compensation to be paid is to be computed
on the basis of the units of work as it is actually performed, in
accordance with the stipulated prices named in the Bid Sheet(s).
2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND
SPECIFICATIONS
CONTRACTOR acknowledges that it is fully familiar with
all the terms, conditions and obligations of this Agreement and
the Contract Documents (as hereinafter defined), the location of
the job site, and the conditions under which the work is to be
performed, and that it enters into this Agreement based upon its
investigation of all such matters and is relying in no way upon
any opinions or representations of CITY.
It is agreed that the Contract Documents are incorporated
into this Agreement by this reference, with the same force and
effect as if the same were set forth at length herein, and that
CONTRACTOR and its subcontractors, if any, shall be bound by said
Contract Documents insofar as they relate in part or in any way,
directly or indirectly, to the work covered by this Agreement.
AJFk5025 1
"Contract Documents" as defined herein mean and include:
A. This Agreement;
B. Bonds covering the work herein agreed upon;
C. The CITY'S standard Plans and Specifications and
special contractual provisions, including those on file in the
office of the Director of Public Works of CITY and adopted by
the City Council of CITY, and any revisions, amendments or addenda
thereto;
D. The 1991 edition of Standard Specifications for
Public Works Construction, published by Builder's News, Inc., 3055
Overland Avenue, Los Angeles, California 90034, and all amendments
thereto, written and promulgated by the Southern California
chapter of the American Public Works Association and the Southern
California District Associated General Contractors of the
California Joint Cooperative Committee;
E. Bid documents including the Notice Inviting Bids,
the Special Instructions to Bidders and the Contractor's Proposal
(attached hereto as Exhibit "A");
F. The particular plans, specifications, special
provisions and addenda applicable to the PROJECT. Anything
mentioned in the Specifications and not indicated in the Plans or
indicated in the Plans and not mentioned in the Specifications,
shall be of like effect as if indicated and mentioned in both. In
case of discrepancy between any plans, specifications, special
provisions, or addenda, the matter shall be immediately submitted
by CONTRACTOR to the Department of Public Works of CITY
(hereinafter referred to as "DPW"), without whose decision said
AJFk5025 2
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
of
($ ), as set forth in
the Contract Documents, to be paid as provided for in Sections 1,
6, 13 and 14 herein.
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
working/consecutive calendar days from the day the "Notice to
Proceed" is issued by Department of Public Works, excluding delays
provided for in Section 11 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.
AJFk5025 3
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 Section 4 herein. CITY shall have complete
control of the premises on which the work is to be performed and
shall have the right to decide the time and order in which the
various portions of the work shall be performed and the priority
of the work of other contractors, subcontractors and CITY forces
and, in general, all matters concerning the timely and orderly
conduct of the work of CONTRACTOR on the premises.
6. CHANGES
CONTRACTOR shall adhere strictly to the plans and
specifications set forth in the Contract Documents unless a change
therefrom is authorized in writing by the DPW. CONTRACTOR agrees
to make any and all changes, furnish materials and perform all
work necessary within the scope of the PROJECT as the DPW may
require in writing. Under no condition shall CONTRACTOR make any
changes without the written order of the DPW, and CITY shall not
pay any extra charges made by CONTRACTOR that have not been agreed
upon in writing by the DPW.
When directed to change the work, CONTRACTOR shall submit
immediately to the DPW a written cost proposal reflecting the
AJFk5025 4
effect of the change. Should the DPW not agree to such cost
proposal, the work shall be performed according to the changes
ordered in writing by the DPW and the proper cost thereof shall be
negotiated by the parties upon cost and pricing data submitted by
the CONTRACTOR; thereupon, CITY will promptly issue an adjusted
change order to CONTRACTOR and the contract price will be adjusted
upward or downward accordingly.
7. NOTICE TO PROCEED
No work, services, material, or equipment shall be
performed or furnished under this Agreement unless and until a
Notice to Proceed has been given to the CONTRACTOR by CITY. CITY
does not warrant that the work site will be available on the date
the Notice to Proceed is issued. In event of a delay in
commencement of the work due to unavailability of the job site,
for any reason, relief to the CONTRACTOR shall be limited to a
time extension equal to the delay due to such unavailability.
8. BONDS
CONTRACTOR shall, prior to entering upon the perform-
ance of this Agreement, furnish the following bonds approved by
the City Attorney: One in the amount of one hundred percent
M00) 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.
AJFk5025 5
9. WARRANTIES
The CONTRACTOR unconditionally guarantees all work done
under this Agreement including, but not limited to, any
workmanship, installation, fabrication, material or structural
facilities constructed. CONTRACTOR, within ten (10) days after
notice by CITY of any defect in the work, shall have the option to
make appropriate repairs or replace the defective item or items.
Upon expiration of such ten (10) day period, CITY may then make
appropriate repair or replacement at CONTRACTOR'S risk and expense.
10. INDEPENDENT CONTRACTOR
It is understood and agreed that the CONTRACTOR is, and
shall be, acting at all times hereunder as an independent
contractor and not as an employee of CITY. CONTRACTOR shall
secure, at its expense, and be responsible for any and all payment
of income tax, social security, state disability insurance
compensation, unemployment compensation and other payroll
deductions for CONTRACTOR and its officers, agents and employees,
and all business licenses, if any, in connection with the PROJECT.
11. LIQUIDATED DAMAGES/DELAYS
It is agreed by the parties hereto that in case the total
work called for hereunder is not in all parts and requirements
finished or completed within the number of calendar days as set
forth in Section 4 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
AJFk5025 6
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 CITY would sustain in the event of and by
reason of such delay; and CONTRACTOR agrees to pay said damages
herein provided, and further agrees that CITY may deduct the
amount thereof from any monies due or that may become due to
CONTRACTOR hereunder.
CONTRACTOR will be granted an extension of time and will
not be assessed damages for any portion of the delay in completion
of the work due to unforeseeable causes beyond the control and
without the fault or negligence of CONTRACTOR, including, but not
restricted to, acts of God or of the public enemy, fire, floods,
epidemics, quarantine restrictions, strikes, unsuitable weather,
or delays of subcontractors due to such causes.
CONTRACTOR shall, within fifteen (15) days from the
beginning of any such delay (unless the DPW shall grant a further
period of time prior to the date of final settlement of the
Agreement), notify the DPW in writing of the cause of the delay
and CITY shall extend the time for completing the work if, in its
judgment, the findings of fact thereon justify the delay; and the
decision of the DPW shall be conclusive on the parties hereto.
Should CONTRACTOR be delayed in the prosecution or
completion of the work by the act, neglect or default of CITY, or
should CONTRACTOR be delayed waiting for materials required by
AJFk5025 7
this Agreement to be furnished by CITY, or by damage caused by
fire or other casualty at the job site for which CONTRACTOR is not
responsible, or by the combined action of the workers, in nowise
caused by or resulting from default or collusion on the part of
CONTRACTOR, or in the event of a lockout by CITY, then the time
herein fixed for the completion of the work shall be extended by
the number of days the CONTRACTOR has thus been delayed, but no
allowance or extension shall be made unless a claim therefor is
presented in writing to CITY within fifteen (15) days of the
commencement of such delay.
No claims for additional compensation or damages for
delays, irrespective of the cause thereof, and including without
limitation the furnishing of material by CITY or delays by other
contractors or subcontractors, will be allowed and said extension
of time for completion shall be the sole remedy of CONTRACTOR.
12. DIFFERING SITE CONDITIONS
(1) Notice The CONTRACTOR shall promptly, and before
such conditions are disturbed, notify the DPW in writing of:
(a) Subsurface or latent physical conditions at the
job site differing materially from those indicated in this
Agreement or the Contract Documents; or,
(b) Unknown physical conditions at the job site, of
an unusual nature, differing materially from those ordinarily
encountered and generally recognized as inherent to work of the
character to be performed under this Agreement. The DPW shall
promptly investigate the conditions and if it finds that such
conditions do materially so differ and cause an increase or
AJFk5025 8
decrease in the time required for performance of any part of the
work under this Agreement, whether or not changed as a result of
such conditions, an equitable adjustment shall be made and the
Agreement modified in writing accordingly;
(2) Time Extension No claim of the CONTRACTOR under
this Section shall be allowed unless the CONTRACTOR has given the
notice required hereunder, provided, however, the time prescribed
therefor may be extended by CITY.
13. VARIATIONS IN ESTIMATED QUANTITIES
The quantities listed in the bid schedule will not govern
final payment. Payment to the CONTRACTOR will be made only for
the actual quantities of contract items used in construction of
the PROJECT, in accordance with the plans and specifications.
Upon completion of the PROJECT, if the actual quantities used are
either more than or less than the quantities listed in the bid
schedule, the bid price shall prevail subject to the provisions of
this Section. The DPW may, at its sole discretion, when warranted
by the facts and circumstances, order an equitable adjustment,
upwards or downwards, in payment to the CONTRACTOR where the
actual quantities used in construction of the PROJECT are in
variation to the quantities listed in the bid schedule. No claim
by CONTRACTOR for an equitable adjustment in price or time for
completion shall be allowed if asserted after final payment under
this Agreement. If the quantity variation is such as to cause an
increase in the time necessary for completion, the DPW shall
ascertain the facts and circumstances and make such adjustment for
extending the completion date as in its judgment the findings
warrant.
AJFk5025 9
14. PROGRESS PAYMENTS
Each month the DPW will make an estimate in writing of
the work performed by CONTRACTOR and the value thereof. From each
progress estimate, ten percent (10%) will be deducted and retained
by CITY and the remainder, less the amount of all previous
payments since commencement of the work, will be paid to
CONTRACTOR.
When CONTRACTOR has, in the judgment of the DPW,
faithfully executed fifty percent (50%) or more of the value of
the work as determined from the bid schedule, and if the DPW finds
that satisfactory progress has been and is being made, the
CONTRACTOR may be paid such sum as will bring the payments of each
month up to one hundred percent (100%) of the value of the work
completed since the commencement of the PROJECT, as determined by
DPW, less all previous payments and less all previous retained
amounts. The final payment, if unencumbered, or any part thereof
unencumbered, shall be made thirty-five (35) days after the
acceptance of the work and the filing of a Notice of Completion by
CITY. Payments shall be made on demands drawn in the manner
required by law, each payment to be accompanied by a certificate
signed by the DPW, affirming that the work for which payment is
demanded has been performed in accordance with the terms of the
Agreement and that the amount stated in the certificate is due
under the terms of the Agreement. Partial payments on the
contract price shall not be considered as an acceptance of any
part of the work.
AJFk5025 10
15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES
At the request and expense of CONTRACTOR, who shall
retain beneficial ownership and receive interest, if any thereon,
CITY shall permit the substitution and deposit therewith of
securities equivalent to the amount of any monies withheld by CITY
to ensure performance under Section 13 of this Agreement.
lb. AFFIDAVITS OF SATISFACTION OF CLAIMS
After the completion of the work contemplated by this
Agreement, CONTRACTOR shall file with the DPW its affidavit
stating that all workers and persons employed, all firms supplying
materials and all subcontractors upon PROJECT have been paid in
full and that there are no claims outstanding against PROJECT for
either labor or material, except certain items, if any, to be set
forth in an affidavit covering disputed claims, or items in
connection with Notices to Withhold which have been filed under
the provisions of the statutes of the State of California.
17. WAIVER OF CLAIMS
The acceptance by CONTRACTOR of the payment of the final
certificate shall constitute a waiver of all claims against CITY
under or arising out of this Agreement.
18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemnify
and hold and save harmless CITY, its officers, and employees
against any and all liability, claims, judgments, costs and
demands, however caused, including those resulting from death or
injury to CONTRACTOR'S employees and damage to CONTRACTOR'S
property, arising directly or indirectly out of the obligations or
AJFk5025 11
operations herein undertaken by CONTRACTOR, including those
arising from the passive concurrent negligence of CITY, but save
and except those which arise out of the active concurrent
negligence, sole negligence, or the sole willful misconduct of
CITY. CONTRACTOR will conduct all defense at its sole cost and
expense. CITY shall be reimbursed by CONTRACTOR for all costs or
attorney's fees incurred by CITY in enforcing this obligation.
19. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code Section 1861,
CONTRACTOR acknowledges awareness of Section 3700 et seq. of said
code, which requires every employer to be insured against
liability for workers' compensation; CONTRACTOR covenants that it
will comply with such provisions prior to commencing performance
of the work hereunder.
CONTRACTOR shall maintain such Workers' Compensation
Insurance in an amount of not less than One Hundred Thousand
Dollars ($100,000) bodily injury by accident, each occurrence, One
Hundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily
injury by disease, policy limit, at all times incident hereto, in
forms and underwritten by insurance companies satisfactory to CITY.
CONTRACTOR shall require all subcontractors to provide
such Workers' Compensation Insurance for all of the
subcontractors' employees. CONTRACTOR shall furnish to CITY a
certificate of waiver of subrogation under the terms of the
Workers' Compensation Insurance and CONTRACTOR shall similarly
require all subcontractors to waive subrogation.
AJFk5025 12
20. INSURANCE
CONTRACTOR shall carry at all times incident hereto, on
all operations to be performed hereunder, general liability
insurance, including coverage for bodily injury, property damage,
products/completed operations, and blanket contractual liability.
Said insurance shall also include automotive bodily injury and
property damage liability insurance. All insurance shall be
underwritten by insurance companies in forms satisfactory to CITY
for all operations, subcontract work, contractual obligations,
product or completed operations and all owned vehicles and
non -owned vehicles. Said insurance shall name the CITY, its
officers, agents and employees and all public agencies as
determined by the CITY as Additional Insureds. CONTRACTOR shall
subscribe for and maintain said insurance policies in full force
and effect during the life of this Agreement, in an amount of not
less than One Million Dollars ($1,000,000) combined single limit
coverage. If coverage is provided under a form which includes a
designated general aggregate limit, such limit shall be no less
than One Million Dollars ($1,000,000). In the event of aggregate
coverage, CONTRACTOR shall immediately notify CITY of any known
depletion of limits. CONTRACTOR shall require its insurer to
waive its subrogation rights against CITY and agrees to provide
certificates evidencing the same.
21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENT
Prior to commencing performance of the work hereunder,
CONTRACTOR shall furnish to CITY certificates of insurance subject
to approval of the City Attorney evidencing the foregoing
AJFk5025 13
insurance coverages as required by Sections 19 and 20 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 cancelled without thirty (30) days prior written notice to
CITY. CONTRACTOR shall maintain the foregoing insurance coverages
in force until the work under this Agreement is fully completed
and accepted by CITY.
The requirement for carrying the foregoing insurance shall not
derogate from the provisions for indemnification of CITY by
CONTRACTOR under Section 18 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 hereinabove required.
A separate copy of the additional insured endorsement to each
of CONTRACTOR'S insurance policies, naming the CITY, its officers
and employees as Additional Insureds shall be provided to the City
Attorney for approval prior to any payment hereunder.
22. DEFAULT AND TERMINATION
If CONTRACTOR fails or refuses to prosecute the work
hereunder with diligence, or fails to complete the work within the
time specified, or is adjudged 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
AJFk5025 14
after such Notice of Intention has been served on CONTRACTOR, CITY
may, without prejudice to any other remedy it may have, terminate
this Agreement upon the expiration of that time. Upon such
default by CONTRACTOR, CITY may elect not to terminate this
Agreement; in such event CITY may make good the deficiency in
which the default consists and deduct the resulting costs from the
progress payments then or to become due to CONTRACTOR.
23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONTRACTOR agrees that upon completion of the work to be
performed hereunder, or upon earlier termination of this
Agreement, all original plans, specifications, drawings, reports,
calculations, maps and other documents pertaining to this
Agreement shall be delivered to CITY and become its sole property
at no further cost.
24. NON -ASSIGNABILITY
CONTRACTOR shall not sell, assign, transfer, convey or
encumber this Agreement, or any part hereof, or any right or duty
created herein, without the prior written consent of CITY and the
surety.
25. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular
CITY employee in the work performed pursuant to this Agreement.
No officer or employee of CITY shall have any financial interest
in this Agreement in violation of California Government Code
Sections 1090 et seq.
AJFk5025 15
26. STOP NOTICES• RECOVERY OF ADMINISTRATIVE COSTS
CITY shall be entitled to recover from CONTRACTOR its
reasonable administrative and attorney's fees, costs and necessary
disbursements arising out of the processing of Stop Notices,
Notices to Withhold, or any similar legal document. Said
obligation shall be provided for in the labor and materials
payment bond required of CONTRACTOR. CITY may charge an
administrative fee of one -hundred dollars ($100) for every stop
notice filed in excess of two, regardless of whether or not CITY
is named in an action to enforce such stop notices. CITY may set
off any unreimbursed cost or expense so incurred against any sum
or sums owed by CITY to CONTRACTOR under this Agreement.
27. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with
the immigration and naturalization laws of the United States and
shall, in particular, comply with the provisions of 8 U.S.C. §
1324a regarding employment verification.
28. NOTICES
All notices required or permitted hereunder shall be
delivered in person or by registered or certified mail to an
authorized representative of the party to whom delivery is to be
made, at the place of business of such party, or to any other
place designated in writing by such party.
29. CAPTIONS
Captions of the Sections of this Agreement are for
convenience and reference only, and the words contained therein
shall in no way be held to explain, modify, amplify or aid in the
AJFk5025 16
interpretation, construction or meaning of the provisions of this
Agreement.
30. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONTRACTOR and CITY agree that CITY is not liable for
payment of any subcontractor work involving legal services, and
that such legal services are expressly outside the scope of
services contemplated hereunder. CONTRACTOR understands that
pursuant to Huntington Beach City Charter § 309, the City Attorney
is the exclusive legal counsel for CITY; and CITY shall not be
liable for payment of any legal services expenses incurred by
CONTRACTOR.
REST OF PAGE NOT USED
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31. ENTIRETY
The foregoing represents the entire Agreement between the
parties.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by and through their authorized officers
the day, month and year first above written.
CONTRACTOR
BY:
CITY OF HUNTINGTON BEACH
a municipal corporation of
the State of California
Mayor
Print Name
Its: Chairman/President/Vice President
(circle one title)
By:
Print Name
Its: Secretary/Assist Sec./CFO/Asst. Treasurer
(circle one title)
ATTEST: APPROVED AS TO FORM:
City Clerk w o-y� City Attorney
VIEW APPROVED: INITIATED AND APPROVED:
City A nistrator Director of Public Works
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