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HomeMy WebLinkAboutDBX, Inc - 1997-06-16City 9 of Huntington Beach INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: THOSE LISTED HEREON FROM: ADMINISTRATIVE SERVICES, Accounting and Records SUBJECT: 10% RETENTION PAYMENT CC - 1 b:3 1 1 DATE: � 11 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. DAN T. VILLELLA, Director of Finance I certify that no stop notices are on file on the subject at this time. Date: Public Works Di &M-*, Ko E e-W1_T_ t5�Kplc: L�/ I certify that no stop notices are on file on the subject contract and that a guaranty bond has been filed. Date: 2 5 k CONNIE BROCKWAY, City Cie I certify that there are no outstanding invoices on file. Date: 1�79�'IrN­A� (!H"IEDENRICH, City Treasurer 0011042.01 04/08/98 1:15 PM Recorded in the coon, f orange, California Gary L. Granville clerk/Recorder IIIIIIIillillllllllllllllllllllllllllillllll111111111111111111111 No Fee WHEN RECORDED MAIL TO: 05 28010809 2$9980399707 12, 51pm 06/24198 0 CITY OF HUNTINGTON BEACH N 0 1 8.00 0.00 0.00 0.00 0.00 0.00 Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to DBX, Inc., who was the company thereon for doing the following work to -wit: Traffic Signal Modification on Garfield Avenue - CC-1031 That said work was completed June 15,1998 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, June 15, 1998. That upon said contract CNA Insurance Companies was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 17th day of June, 1998. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said. City Council. Dated at Huntington Beach, California, this 17th day of June, 1998. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach,,:alifornia G/followup/ccnoc l — /•/w.y/1 c �C.t� WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder No Fee 19980399707 12:51pm 06/24/98 005 28010809 28 30 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to DBX, Inc., who was the company thereon for doing the following work to -wit: Traffic Signal Modification on Garfield Avenue - CC-1031 That said work was completed June 15, 1998 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, June 15, 1998. That upon said contract CNA Insurance Companies was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 17th day of June, 1998. e�r�� City Clerk and AcAz� of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said. City Council. Dated at Huntington Beach, California, this 17th day of June, 1998. A�f City Clerk and ex-of of the City Council of the City of Huntington Beach, California L -b V q Z Nf r 8bb1 J0 X1113 G/followup/ccnoc PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: May 15, 1997 May 22, 1997 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on May 22, 1997 at Costa Mesa, California. jgnature PUBLIC NOTICE for shall, In the perform - PUBLIC of the work and Im- NOTICE INVITING provements,'conform to the. Labor Code of the State.,of SEALED BIDS California and other laws of FOR the State of California ap- C C• 1 0 3 1 pficable thereto, with the Notice Is hereby given exception only of such vari- that seated bids will be re- ations that may be requited ceived by the City of Hun- tington'Beach the office under the special statutes at pursuant to which proceed - of the city Clerk at city Hall, rags hereunder are taken 2000 Main Street; Hun- and which have not been tington Beach, California, superseded by the provi- untit.the hour of 2,00 PM sions of the Labor Code. on Wednesday, May 28, Preference to tabor shall 1997, at which time bids be be given only in the man- wlll opened publicty and ner provided"by law. read aloud In the Council No bid shall be consid- chambers for the Traffic . Bred unless it is made on a Signal Modifications at "Garfield form furnished by the City Magnolia Street / of Huntington Beach and is Avenue. Bushard Street / made in accordance with Garfield Avenue, and the provisions of the pro- Brookhwst Street / Garfield posal requirements. Avenue Project ; Cash Each bidder must be [I - Contract No. 1031, located cerised and also prequali- in the City of Huntington fied as required by law. Beach. The .City Council of the A set of plans, specifics- nd lion, acontract dory- City of Huntington Beach reserves the right to reject mania may be obtained starting Frida May 9, an or all bids. . 1y order of the City 1997, at Ciittyy� Hall, Depart- ment of PubfiC' Works upon Council of the City of Hun- receipt of a not+ - refwtd- fington Beach, California,` able fee of $25.00. If the 5th of May. 1997: Connle., Brockway, picked upp� $35.00 If City. _1 I, :WIca of the matted, sat�lr Included. Each ,b(O �B be maids CI CI tY of Hun. on the R Form and In the Me W pocked In II ton each, 2000 #SAGO Street, Hun - the cordtact documentg,- tington Beach, CA and shalt be accompanied 92a48� byy a certified or cashler'S check or a, bid bond fwnQt PtMlshed Huntington less than 10% of the Fa#ntatn Valley In - amount of the bid, made dependent May 15, 22. payable to the City of Hun- 1997. tington Beach. The contrac- 053.677 T It EIre A N G E C O U N T 91$rcir 625 N. Grand Ave., Santa Ana, CA 92701 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, S& County of Orange, I am a citizen of the United States and a resident of the County aforesaid; I atn over die age of eighteen years. and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of The Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California under the date of November 29, 1905. Case Dumber A21046 that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates. to wit: Mav 15, 22, 26, 1997 I certify (or declare) under penalty of perjtny that the foregoing is true mid correct. Executed at Santa Ana. California. Date ..... M M- . 2 8 ........................19 ....9.7. . %i i 0-a 6LC STgnathre This spare is for the County Clerk's tiling stamp. PUBLIC NOTICE NOTICE INVITING SEALED SIDS for CC-1031 Notice H hereby given flat seated bids W be fecelved by the City of'�--"" Hurt Beach at the office of the Clerk at City Hall, 2000 Main Sheet, Huntington Beach, California, unri the hour of 2:00 PM on WEDNESDAY, May 28,1997, atwhich "mo bids ""Ibeopened for CC-1031 publaly and read aloud In the_�� Council Chambers for the TRAF- FIC SIGNAL MODIFICATIONS AT MAGNOLIA STREET/GARFIELD AVE- NUE, BUSHARD STREET/GARFIELD AVENUE, AND BROOKHURST STREET/GARFIELD AVENUE PROJECT; CASH CONTRACT NO. 1031, located In the City of Hun- tingfan Beach, -e A set of pkms, speofilaatlons, and car tract documents may be ob- tained startinngg FRIDAY, MAY 9, 1997, at the Cfiy Hal, Department of Public Works upon receipt of a non-refundable fee of $25.00, If picked up or $35.00 If mated, sales tax Included. Each bid shall be made on the Proposal Forth and In the manner provided In the contract docu- ments, and shall be accompa- nier, by a certltied or cashiers check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of H�mm�gronl each.Tr,econfracta shill, In the performance of the work and Improvements, conform ta the Labor Code of the State of C ftmla and other laws of the State of California applicable thereto, with the exception only of such variations that may be re- quired under the special statutes pursuant to which proceedings hereunder are taken and which Have riot been superseded by#* prWslo ns of the Labor Code. Pref- erence to labor shall be given only in the manner provided by low. No bid shall be considered unless If Is made on a form furnished by the Cfly of Huntinngton Beach and Is made In accordance with the ments. provt 3 of the proposal require - Each bidder myst be licensed and also prequamed 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 fCRY O t"�u rT of """gh9C all 7. Connie Brockway, City Clerk Office of the City Clerk &of,Xr,gt,on Beach S. FkuMington Beach• CA 92648 PPpUrrBaaLnnlSpgHee: May 15, 22, 26, 1997RegMw 5D79D020 PROOF OF PUBLICATION 0 DECLARATION OF SATISFACTION OF CLAIMS I, Jim Perry, President , state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled Signal Modifications on Garfield and dated June 16, 1997 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at Temecula, CA on this 3rd day of June , 19940 ( gnature of Contractor) gxc`cashcon2 Y. n'}�� " City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on CC-1031; Signal Modifications on Garfield Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, ,N-atchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid NN-ages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contractor training program provisions applicable to the wage rate paid. J President Si ature and Title g:cc cuhcon I GAIJ, : , . have received Performance Bond No. 158761375 - CNA Insurance Companies, DBX, Inc. Re: CC-1031 Traffic Signal Modifications Magnolia Street/Garfield Avenue, Bushard Street/Garfield Avenue and Brookhurst Street/Garfield Avenue Action Agenda of June 16, 1997 and RCA Attached. Dated: Z By: CNA INSURANCE COMPANIES PERFORMANCE BOND (Maintenance Provision) BOND# 158761375 PREMIUM: $542.00 KNOW ALL MEN BY THESE PRESENTS: That we DBX, INCORPORATED , Principal, and CONTINENTAL CASUALTY COMPANY , Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH , Obligee, in the sum of FIFTY-SEVEN THOUSAND SIX HUNDRED TWELVE DOLLARS AND NO/100. Dollars ($ 57,612.00 ) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated entered into a contract with Obligee for TRAFFIC SIGNAL MODIFICATIONS AT MAGNOLIA STREET/GARFIELD AVENUE, BUSHARD STREET/GARFIELD AVENUE, AND BROOKHURST STREET/GARFIELD AVENUE; CASH in accordance with drawings and specifications prepared by CONTRACT NO. 1031 , which contract is by reference made a part hereof, and is hereinafter referred to as the contract. Now, therefore, if principal shall faithfully perform said contract and guarantee that the work will be free of defective materials and workmanship for a period of TWELVE (12 ) months following completion of the contract, then this obligation shall be null and void. Any additional warranty or guarantee whether expressed or implied is extended by the principal or manufacturer only, and the surety assumes no liability for such a guarantee. Whenever Principal shall be, and be declared by Obligee to be in default under the contract, the Obligee having performed Obligee's obligations thereunder: (1) Surety may promptly remedy the default subject to the provisions of paragraph 3 herein, or; (2) Obligee after reasonable notice to Surety may, or Surety upon demand of Obligee may arrange for the performance of Principal's obligation under the contract subject to the provisions of paragraph 3 herein; (3) The balance of the contract price, as defined below, shall be credited against the rea- sonable cost of completing performance of the contract. If completed by Obligee, and that reasonable cost exceeds the balance of the contract price, Surety shall pay the Obligee such excess, but in no event shall the aggregate liability of the Surety exceed the amount of this bond. If Surety arranges completion or remedies the default, that portion of the balance of the contract price as may be required to complete the contract or remedy the default and to reimburse Surety for its outlays shall be paid to Surety at the times and in the manner as said sums would have been payable to Principal had there been no default under the contract. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Obligee to Principal under the contract and any amendments thereto, less the amounts heretofore properly paid by Obligee under the contract. Any suit under this bond must be instituted before the expiration of two years from date on which final payment under the contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than Obligee or the heirs, executors, administrators or successors of Obligee. Signed, sealed and dated JULY 28, 1997 DBX,-2 CORPORATED BY: `'A_..�� (Seal) Principal G1.I�'`` CONTINENTAL CAS ALTY COMPANY CIT' by Attorney -in -Fact o ' G-54610-A DAVID L. CULBERTSON NA For All the Commltmenb You Make` CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California a County of Riverside On August 1. 1997 before me, Phyl 1 i a4a r � man, No aj: ptlt-u1 i ) Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Jim perry Name(s) of Signer(s) XJ personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person*) whose name(m) ism subscribed to the within instrument and acknowledged to me that hem executed the same in his/kKDbb& authorized capacity(ies), and that by "WUM a SAMAN hi,*&c0m& signaturets) on the instrument the person(x), ca nimm# _ or the entity upon behalf of which the person(6) acted, tia"Y� � executed the instrument. My Comm Bou Aug 11.71Mo WITNESS my hand and official seal. -- V Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Perm ❑ Individual X1 Corporate Officer Title(s): Praci d nt' & SPc _'/TrPaa _ El Partner — ❑ Limited El General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: DRX, Inc_ Signer's Name: El El El El Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER 0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALWORNIA► ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 7-28-97 before me, KAREN CHANDLER - NOTARY PUBLIC personally appeared DAVID L. CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. �S my hand and official seal. 1 ,(" Karen Chandler ture o OR Notary Public V Comm ,M1 NOTARY PUOLIC CALIFNIA0 V s o� ORANGE COUNTY • Com �. Ex�. (.' �h 27.2000 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT NU}9ER OF PAGES 1 HATE OF DOCUNENT 7-28-97 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING:_ CnNTTNENTAL [:ASIIALTY COMPANY NAME OF PERSON(S) OR ENTITY(S) CNA INSURANCE COMPANIES CNA Plaza, Chicago, Illinois 60685 BOND# 158761375 PREMIUM: INCLUDED IN PERFORMANCE BOND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That DBX, INCORPORATED Principal, and CONTINENTAL CASUALTY COMPANY Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH , Obligee, in the sum of FIFTY-SEVEN THOUSAND SIX HUNDRED TWELVE DOLLARS AND NO/100. Dollars ($57,612.00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated for TRAFFIC SIGNAL MODIFICATIONS AT MAGNOLIA STREET/GARFIELD AVENUE, BUSHARD STREET/ GARFIELD AVENUE, AND BROOKHURST STREET/GARFIELD AVENUE; CASH CONTRACT NO. 1031 copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly made payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED JULY 28, 1997 9F_ DBX, IN RPORATED 0 1 71 _. CI = BY: ��� Principal (Seal) COON�NTTINENTAL CASUALTY COMPANY by `,�m Qt6o Attorney -in -Fact DAVID L. CULBERTSON Form G-23214-A CNA For All the Commitments You Make' CALIFORNIA ALL-PURPOSS ACKNOWLEDGMENT State of California County of Riverside On August 1, 1997 before me, Phyllissa G. Seaman, Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Jim Perry Names) of Signer(s) IXpersonally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s* whose name(s)Qs/subscribed to the within instrument and acknowledged to me that he/sXKXW the same in his/hODOMMuthorized capacity(ies), and that by his/rANXXKXXignature(!4 on the instrument the person(s)K convr6ftn0Mg14 or the entity upon behalf of which the person(s)(acted, HlolayPdit—C ftMb executed the instrument. Kids Courtly My Comm. Fetes Aug "" WITNESS my hand and official seal. — V Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Perry ❑ Individual IX Corporate Officer Title(s): President & Sec. /Treas. ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee _ ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: Signer's Name: El El ❑ Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-676-6827 CAIMOBNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 7-28-97 —before me, KAREN CHANDLER - NOTARY PUBLIC personally appeared DAVID L . CULBERTSON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Karen Chandler Comm, ##1076369 D Slgn tore Of tart' Public ma4O'T OSANGC 0U2 20& 5COMM. E . OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESC RXPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF DOCUMENT NVM19FR OF PAGES 1 DATE OF DOCUMENT 7-28-97 CAPACITY CLADDXD BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE (S ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: C(1NTTNF.NTAT. CAS TATTY COMPANY NAME OF PERSON(S) OR ENTITY(S) 'Continental Casualty Comp, .y .CNA For All I lw Cammil mrnl- Ysm Nakq•' AN ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Illinois, and having its principal office In the City of Chicago, and State of Illinois, does hereby make. constitute and appoin'n,avid 1 Culbertson, Chuck L Flake, Linda L. Culbertson, Diana Laskowski, Indiyidliall y o. Anaheim, California Its true and lawful Attorney -in -fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, undertakings and other obligatory Instruments of similar nature In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX --Execution of Documents Section 3. Appointment of Attorney -in -fact. The President or a Vice President may, from time to time, appoint by writtencertificates attorneys -in -fact to act in behalf of the Company in the excecution of policies of Insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney -in -fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957. "Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which It is attached, continue to be valid and bindina on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this .10th day of January , ig_9.L. C.ASU4 I" State of Illinois 1 cd'0••�. County of Cook f ss • t SEAL' �n+ CONTINENTAL CASUALTY COMPANY J. E. Purtell Vice President. On this 30th day of January 19 91 , before me personally came J. E. Purtell, to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Glenview, State of Illinois: that he is a Vice -President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal: that it was so affixed pursuant to the said instrument is such corporate seal; that It was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. O� C OF _ ;4 J NOTARY N PUBLIC " Linda C. Dempsey tary Public. CERTIFICATE My Commission Expires 04e7 19, 1994 I, George R. Hobaugh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 3 of Article IX of the By -Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this 28Tx day of JULY oAsu,, i011AI" George R. Hobaugh Assistant Secretary Z? Form 1.23142.8 INV. NO. G-59200.8 . . fe J CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 17, 1998 Gary Granville County Recorder P. O. Box 238 Santa Ana, California 92702 Dear Sir: CALIFORNIA 92648 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, California 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self-addressed, stamped envelope. Sincerely yours, Connie Brockway City Clerk CB/jc Enclosure: Notice of Completion - CC-1031 - DBX, Inc. ccnocd1tr\\MSC-389cg (Telephone: 714536-5227 ) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P. O. Box 190 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to DBX, Inc., who was the company thereon for doing the following work to -wit: Traffic Signal Modification on Garfield Avenue - CC-1031 That said work was completed June 15, 1998 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, June 15, 1998. That upon said contract CNA Insurance Companies was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 17th day of June, 1998. � � yz' a_'4) City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said. City Council. Dated at Huntington Beach, California, this 17th day of June, 1998. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California G/followup/ccnoc Ci , Y OF HUNTINGTON BEACH MEETING DATE: June 15, 1998 DEPARTMENT ID NUMBER: PW 98-058 Council/Agency Meeting Held: 1../ /S/9 8 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied / 42- 66,J Dom. "-y City Clerk's Signature Council Meeting Date: June 15, 1998 1 Department ID Number: PW 98-058 1 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBER SUBMITTED BY: RAY SILVER, City Administrator ` PREPARED BY: DARYL D. SMITH, Acting Director of Public Works �7 12K - SUBJECT: Accept the Improvements for theTraffic Signal Modi (cations ate x Magnolia/Garfield, Bushard/Garfield and Brookhurst/Garfield F bjecc�; CC 1031, Notice of Completion II Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, (� Attachment(s) _ �4 Statement of Issue: DBX, Inc., has completed its contract for the construction of the Traffic Signal Modification at Magnolia/Garfield, Bushard/Garfield and Brookhurst/Garfield Intersections; CC 1031. Funding Source: Sufficient Measure M, GMA Grant Funds were authorized for this project. Recommended Action: Motion To: Accept the improvements of the Traffic Signal Modifications at Magnolia/Garfield, Bushard/Garfield and Brookhurst/Garfield Intersections; CC 1031, at a final cost of $60,868.28 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Alternative Action(s): None. 0031907.01 -2- 05/29/98 2:55 PM RE%4JEST FOR COUNCIL ACTION MEETING DATE: June 15, 1998 DEPARTMENT ID NUMBER: PW 98-058 Analysis: On June 16, 1997, Council awarded a contract to DBX, Inc., in the amount of $57,612. The adopted contract budget also included $5,761 to cover anticipated change orders and $40,000 for Supplemental Expenses, for a total of $103,373 to construct the Traffic Signal Modifications at Magnolia/Garfield, Bushard/Garfield and Brookhurst/Garfield Intersections. The improvements are now complete per the approved plans and specifications. Therefore, the Acting Director of Public Works recommends acceptance of the project and requests that the Notice of Completion be filed by the City Clerk. The following is a summary of the project costs: Council Aeproved 1. Contract Amount: $57,612.00 2. Change orders: 5,761.00 Subtotal: $63,373.00 3. Supplemental Expenses: 40,000.00 Total: $103, 373.00 One change order was issued for this project: 1. Install new electrical service Actual Expenditures $56,092.00 4,776.28 $60,868.28 39.743.31 $100,611.59 * This includes all materials furnished by the City such as signal poles, service pedestal and signal indications for vehicles and pedestrians and SCE payment for service relocation. Environmental Status: Not applicable. Attachment(sl: None Author: Charlonne 0031907.01 -3- 06/01 /98 1:37 PM RCA ROUTING SHEET I INITIATING Public Works DEPARTMENT: SUBJECT: Traffic Signal Modifications at Magnolia/Garfield, Bushard/Garfield and Brookhurst/Garfield Intersections; CC 1031, Notice of Completion I COUNCIL MEETING DATE: I June 15, 1998 I RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS ;, "Iff CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK RE: Construction of J, 0J ECT Enclosed is a copy of the executed co/tArac75`th`ethe City of Huntington Beach, a Declaration of Satisfaction of Claims and a Certificate of Compliance form. The Declaration of Satisfaction of Claims and the Certificate of Compliance form MUST BE RETURNED TO THIS OFFICE AFTER THE PROJECT IS COMPLETED BUT PRIOR TO THE RELEASE OF RETENTION FUNDS. In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call Don Noble, Contracts Administrator, 536-5441. Connie Brockway City Clerk CB:bt Enc: Cash Contract Declaration of Satisfaction of Claims Certificate of Compliance 1 Tele p hone: 714536-5227 ) City of Huntington Beach Department of Public Works Post Office Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid Nvages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. Signature and Title g:cc cashconI by �tiJ GF"Ii, i 4'.ti DECLARATION OF SATISFACTION OF CLAIMS I, , state: 1. I am the general contractor for the City of Huntington Beach, as to the project more fully described in the public v.,orks contract entitled and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state `NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at (Signature of Contractor) g cc`,cashcon2 on this day of , 1994 75 (7) 06/16/97 - Counci gency Agenda - Page 7 ***REVISED PAGE*** E-7. (City Council) Bid Award To DBX, Inc. - Traffic Signal Modifications - Located At Magnolia Street/Garfield Avenue - Bushard Street/Garfield Avenue And Brookhurst Street/Garfield Avenue - CC-1031 (600.55) - 1. Accept the lowest bid submitted by DBX, Inc., for the Traffic Signal Modifications at Magnolia Street/Garfield Avenue, Bushard Street/Garfield Avenue and Brookhurst Street/Garfield Avenue in the amount of $57,612; and 2. approve and authorize execution by the Mayor and the City Clerk the construction contract Between the City Of Huntington Beach and DBX, Inc., in the amount of $57,612 for the Traffic Signal Modifications at Magnolia Street/Garfield Avenue, Bushard Street/Garfield Avenue, and Brookhurst Street/Garfield Avenue; and 3. authorize the Director of Public Works to expend a total of $103,373 which includes the contract cost of $57,612, estimated construction change orders $5,761, and $40,000 in anticipated supplemental expenditures. Submitted by the Public Works Director [Approved 6-0 (Harman: Absent)] E-8. (City Council/Redevelopment Agency) Notice Of Completion - Beach Boulevard/1-405 Freeway Re -Landscaping - CC-828 - Terra -Cal Construction (600.80) - Accept the improvements completed by DBX. Inc., of the Beach Boulevard/1-405 Freeway Re -landscaping project at a final cost of $378,966.88 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Submitted by the Public Works Director [Approved 6-0 (Harman: Absent)] E-9. (City Council) (Deferred From June 2, 1997) City Council Positions Regarding Proposed Legislation - SB 1329 (Leslie) (Minors Provision Drivers License); AB 1296 (Morrow) Government Tort Liability; Skateboarding); SB 1339 (Calderon) (Addition To Prohibited Weapons/Devices: Large Capacity Ammunition Magazines & Belt Feeding Devices, Belt Fed Shotguns); AB 252 (Leonard) Developer Fees) (120.70) - Support SB 1329 (Leslie) (Minors Provision Drivers License); AB 1296 (Morrow) (Government Tort Liability: Skateboarding); SB 1339 (Calderon) (Addition To Prohibited Weapons/Devices: Large Capacity Ammunition Magazines & Belt Feeding Devices, Belt Fed Shotguns); AB 252 (Leonard) (Developer Fees). Submitted by the City Administrator (Memo received from Police Chief dated June 6, 1997 in support of SB 1329) Text of proposed legislation included in attachment. ***[Motion to Oppose SB 1339 - Failed 3-3 (Green, Dettloff, Bauer: NO (Harman: Absent) Tie Vote resulted in No Action Taken*** Motion to Support SB 1329 - Passed 4-2 (Garofalo, Julien: NO) (Harman: Absent) Motion to Oppose AB 252 - Passed 6-0 (Harman: Absent) Motion to Support AB 1296 - Passed 6-0 (Harman: Absent)] (7) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND DBX, INC. FOR TRAFFIC SIGNAL MODIFICATION ON GARFIELD AVENUE (CC 1031) THIS AGREEMENT, made and entered into this X-t day of UZI & Ap, , 19 / % , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and DBX, 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: traffic signal modifications at the intersections of Magnolia Street and Garfield Avenue, Bushard Street at Garfield Avenue, and Brookhurst Street at Garfield Avenue (CC 1031) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, 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 in connection 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 gAagree\perry 7/11197 Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions, and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; 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 1995 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter 2 g Aag ree\perry 7/11 /97 of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions, and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control, and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay, and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Fifty Seven Thousand, Six Hundred Twelve and No/100 Dollars ($57,612.00), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within sixty (60) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 3 gAagree\perry 7111 /97 TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details, and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors, and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials, and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW, and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted 4 gAagree\perry 7/11 /97 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 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 performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any 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 and employee of CITY. CONTRACTOR 5 gAagree\perry 7/11 /97 shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation, and other payroll deductions for CONTRACTOR and its officers, agents, and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Two Hundred Fifty Dollars ($250.00 ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which 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 or 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. 6 gAagree\perry 7/11 /97 Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to 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 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; 7 gAagree\perry 7/11 /97 (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. 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 8 gAagree\perry 7/11197 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 a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIM 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, 9 gAagree\perry 7/11 /97 costs, and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 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 workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. 10 g Aagree\perry 7/11 /97 Said policy shall indemnify CONTRACTOR, its officers, agents, and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 11 gAagree\perry 7111 /97 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation. " CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original 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 refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event, 12 gAagree\perry 7/11 /97 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. 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs, and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and 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. 13 gAagree\perry 7/11 /97 27. 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. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement. 29. 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 U.S.C. Section 1324a regarding employment verification. 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 Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 14 gAagree\perry 7/11 /97 The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month, and year first above written. DBX, INC., a California corporation By: . a...�-.._� Jim Perry ITS: (circle one) ChairrnanlrEin ice President A�SD L By: - - - - erry IT Secre Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California / .4 _ ATTEST: 4W.;' City Clerk APPROVED4S TO FORM: VIEWED AND APPROVED: City Attorney �� City dmimstrator INITIATED D APPROVED: gc d 9? Director of Public Works 77 15 gAagree\perry 7/11 /97 ­ Aug. G '97 1.4:31 DBX INC FROM 9096760213 P, 2 RESOLUTION OF OFFICER'S AUNORITY "WHEREAS► from time to, time this corporation, being DBX, INC., a California corporation, is called upon to execute documents by which this corporation enters into contracts, bonds, obligations of performance, surety and of other legal consequences, and "WHEREA5, third persons may require or request some written authority evidencing and identifying those persons who are officers and authorized to execute such documents for and on behalf of'thia corporation, now, therefore, it is "RESOLVED, that JIM PERRY, who is President and Chief Executive Officer of this corporation, be, and he hereby is, and has been, empowered, authorized and directed to execute any and all kinds of documents, contracts, bonds, obligations of performance, surety and other documents by which this corporation assumes legal obligations, I dealing with private and public entities, and "RESOLVED FURTHER, that any person who relies upon the authority granted and conferred in this resolution shall be indemnified and held harmless from any claim with respect to the existence or non-existence of such authority, and may continue to do so until personally receiving written notice that the authority herein conferred has been terminated." Dated- August 12, 1991 SEAL V9perry, Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Riverside On August 1, 1997before me, Phyllissa G. Seaman. Notary Public Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Jim Perry , Name(s) of Signer(s) X] personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the personjb) whose name(g) is)= subscribed to the within instrument and acknowledged to me that hely executed the same in his/KKKUN authorized capacity(ies), and that by _ a UOJMN him signatur*) on the instrument the CmWil W?m NaloyAblc—Oaomlb or the entity upon behalf of which the person() acted, clsCW* I executed the instrument. MY CamL E>�Fw llup 11, 7000 WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Perry ❑ Individual X1 Corporate Officer Title(s): President & Sec./Treas. ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee El_ Guardian or Conservator i°. ❑ Other; ITop of thumb here Signer Is Representing Signer's Name: 1 171 El Ll Ll Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER •• 0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CATE(MMiGotYYj.. k w1;l11l1� r • +. (�TT � £. �c-)'4 9/30/97 "I:IeObt7ctN .... f > mk' „ Inv. sr k�Zitz k , :�. . , �. vcle s. 7 . ; hs.., .>r..: _✓ THIS CP'RTIFICAT4,, . ISSUED AS A MATTER OF INFORMA11O Calcc Ins Brokers Agents ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1450 F r a zaa Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, P.O. Sex 05071 COMPANIES AFFORDI IO COVeRAOE San Diego. CA 92186-5371 COMPANY 619-260-1046 A murkED _ IVMYANY DBX, Inc. Cps ✓ B American Automobile Ins, Co, 42086 Avenida Alvaredo, Ste, C COMPANY Tameeu E n, CA 92590 Ca "1D81 C HIM Amer i ca 1 COMPANY T , 77 s 3 +..s_ ,rx £ r>fS. .., THIS IS TOCERTIFY THATTIiEPOLICIES OF INSURANCE LISTEDBELO W HAVE BEEN ISSUED TO THE INSURED NAMED ASOVErOR THE POLICYPERIOD INDICATED,NOTWITHSTANDING,ANYREQUIREMENT,TERMORCONpITIONOFANYCONTRACTOROTHERDOCUMENT WITHRESPECTTO WHICH THIS CERTIFICATE MAY RE ISSUELYOR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL. THE TERMS. EXCLUSIONS AND CONDMIONS.OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. cc ' TYpE Os eeaUkANOE POL ICY NU1AarnW LTA k POLICY EFFECTIVE DATE (MMIDDIYY) POL,ICT EIMIRATIG DATE (MIe1DDIYY) LIMITS 4ENERALLUtl�.3TY I GENERAL AGGREGATE S 200000 X PRODUCTS-COMP/OP AGO S 2004D0 B C0LNIERCIALGENERAl.LIA81LITY'I MZGSOS68275 3124/97 3/24/98 CLAIMS MADE a OCCUR PERSONAL S ADV INJURY s 100400 EACH OCCURRENCE OWNER'S A CONTRACTOR'S PROT I S 100000 FIRE DAMAGE (Any one fire) S 5000 I' LIED EXP (Any ore person) $ 500 Ae1TOM0a►FUl86ITY i3 X ANY .AUTO MZG80866275 i 3124/97 3124198 CONBINV) SINnte LIMIT 11 100000 BODILY INJURY ALL OWNED AUTOS �. SCHEDULED AUTOS i (Per person) _ ?( HIRED Arl10S BODILY INJURY s X NON -OWNED AUTOS .• (Per accident) PROPERTY DAMAGE S f ` GARAGE L.IASA,II Y < '. �t� � AUTO ONLY • EA AOCIQENT $ ANY AUTO � i OTHER THAN AUTO ONLY, . EACH ACCIDENT $ �.y=• AGGREGATE It BXCE:S WARLI'm .. rI . EACH OCCURRENCE; $ UMBRELLA FORM AGGREGATE S -- t"lT4F,Q Tti.1N LIA16lflf,.4 FOiGA I t C VIOW[us COM 4w*AT10N AND EMPLOYERVUABLeTY C000697301 10 / 01 /97 10 /01 JD8 )( STATUTORY LIMITS EACH ACCIDENT t 1000001 THE PROPRIETOR/ INCL PAR1NERVEXECUTIVE f DISCACE • POLICY LI}rllt _ a 100000{ OFFICERS ARE: EXCLi I DISEASE - EACH EMPLOYEE S 100000 OTHER IMWTI*k OF 6PEftIamwd r, v . Re: Traffic atien Signal Mo;it.i at Magnolia St/Garfield Ave; Bushard St/ Garfield Ave; BrookF''st St/Garfield Ave. Gaerh Contract #1031. Cart holder is addl insd/CO2010. 30 dogs cancellation notice but 10 da s for non RaX of erem. Ya> a,, s.s a : ♦ e, sa - « r ,r �>,< ;;� e 1 e +: BHOULD ANY OF THE ABOVE DEICIRISIM POLICIES at CANCELLED BEFORE THE EXPIRATION DAME THEREOF, THE ISSUING COMPANY WAJXj"0Mj X% MAIL, City of Hunt i n g t o n Beach 30 DAY@ WRtMN NOTIOE TO THE CERTIFIOATL HOLD" NAMED T01WE LE", Attn: Terri Elliott W5KA96Ut71IK"0^WO WII1Wrcfcx►laMoOattaae ARNMAMVUA IK01110lMM 2000 Main S t r eat X9CXXft%"XMXX'9t11EX~Nft)MX11"?!AVRXWMltelttX*ft Huntington Beach, CA 9264$ AUTtIaa ESENTATI 05309400E r���tr�,OO - , K�I': IIRY $ � . i;kf ' __.• .�. _ f. �Y;i:: i � ri) 7.f.'; ., 1. ; [ e,`S s t1 , :ss�` _-. � 7 3 , 3 , .<.�Jd. `et. � :� t n ....�I�l#w..'F;Q}• C0'd 2LSTVL2bTLT Di OD-IdD/SdD -1a0 WOH-4 LE:LT L65T-LT-DEIG Lb'd ly1D1 Additional Insured - Olvy'rxlers, Lessees or Cuntractors ,Form B) C C 24 14 11 85 Policy Amendm,cat General Liability Insured OBX,. INC. Polrcy Number MZ08066a275 Pmdu4 CALCO (N$URANCE BROKERS & AGENTc�Clive Date 3124W Schedule Name of Person or Organization CITY OF HUNTINGTON BEACH ITS AGENTS, OFFICERS AND EMPLOYEES 2000 MAIN STREET HUNTINGTON BEACH CA 92648 (tf no entry apptart Rbove, information regt.).ired to compictc this LZxdorsenient will be shown iu Lbr, Declarations as applicable to this Endorsmcat.) Who is an 1mred (Section If) is amended to ,include as an insured the person or organization shcvm in the 9cliedule, but aaly with respect to liabWry arising out of yout work for that insured by or for you. RE_ TRAFFIC SIGNAL MODIFICATION AT MAGNOLIA ST./GARFIELD AVE; BUSHARD ST./GARFIELD AVE & BROOKHURST ST/GARFIELD AVE. CASH CONTRACT NO. 1031. This Form must be auavbW to Change Endorsement when issued after :he aolbey is written. Oft of the fircman's Fund lasaranee. Companies as named in the pokey CO2010 1 t-85 Contains CoP7ri Slsaett3d of lasuranee scm= omct, lac., 1934 za'd ZLSTbLZbT-IT 31 OD-IhD!SUD -idD WOdd BZ:LT L66T-LT-D3Q Council/Agency Meeting Held: 41161 -7 Deferred/Continued to: I mpproved ❑. Conditionallyov�ed ❑ Denied City Clerk's Signature Council Meeting Date: June 16, 1997 Department ID Number: 97-053 , CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCI MEMBERS SUBMITTED BY: MIiCHAEL T. UBERUAGA, City Administrator t �_ PREPARED BY: °'` L-S M. JONES II, Director of Public Works SUBJECT: Traffic Signal Modifications at Magnolia Street/Garfield Avenue, Bushard Street/Garfield Avenue, and Brookhurst Street/Garfield Avenue; CC-1031 AWARD Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s Statement of Issue: On May 5, 1997, the City Council authorized a call for bids for the Traffic Signal Modifications at Magnolia Street/Garfield Avenue, Bushard Street/Garfield Avenue, and Brookhurst Street/Garfield Avenue, CC-1031. Before the project can proceed, Council must approve the recommended action below. Funding Source: Funds for the traffic signal modifications are a 100% Measure M, IIA grant, in account E-BP-PW-988-6-43-00, for a project total of $103,373.. "" -- Recommended Action: m 1. Accept the lowest bidder submitted by DBX, Inc., for the Traffic Signal Mod-Weat_ ons at Magnolia Street/Garfield Avenue, Bushard Street/Garfield Avenue 1�nd Brookhurst Street/Garfield Avenue; 2. Approve and authorize execution by the Mayor and the City Clerk the construction contract between the City of Huntington Beach and DBX, Inc., in the amount of $57,612 for the Traffic Signal Modifications at Magnolia Street/Garfield Avenue, Bushard Street/Garfield Avenue, and Brookhurst Street/Garfield Avenue; and 3. Authorize the Director of Public Works to expend a total of $103,373 which includes the contract cost of $57,612, estimated construction change orders $5,761, and $40,000 in anticipated supplemental expenditures. Alternative Action(s): Deny the award of the contract to DBX, Inc., and direct staff on how to pursue the project. 'n REQUEST FOR ACTION MEETING DATE: June 16, 1997 DEPARTMENT ID NUMBER: 97-053 Analysis: On May 5, 1997, the Council approved the plans and specifications for the Traffic Signal Modifications at Magnolia Street/Garfield Avenue, Bushard Street/Garfield Avenue, and Brookhurst Street/Garfield Avenue project and authorized the Director of Public Works to solicit bids for construction. The project costs are as follows: Contract Amount $57,612 * Project Change Orders 5,761 ** Project Supplementals 40,000 TOTAL $103, 373 * Resolution Number 4896, authorizes the Director of Public Works to spend up to 10% of the contract amount for possible change orders. Council must authorize change order requests exceeding $50,000. Examples of change orders include changes in field conditions, errors in the plans, changed governmental requirements or unforeseen work. ** Examples of supplementals include required city -furnished traffic signal poles, signal indications for vehicles and pedestrians, soil/concrete testing, utility hook-ups, or items required but not part of the contractor's contract, such as, signing and striping. Bids, as summarized below, were received and opened on May 28, 1997. CONTRACTOR DBX, Inc. BIDS $57, 612 Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15301(c). mFili ME of - City Clerk's Page Number Reference Check for DBX, Inc. RCA Author: T. Elliott, phone extension x5580. 0025829.01 -2- 06/02/97 4:41 PM ATTACHMENT 1 0019517.01 CIT" OF HUNTINA'ON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Cash Contract File CC-1012 FROM: Eric R. Charlonne, Contract Administrator SUBJECT: REFERENCE CHECK; DBX, INC. DATE: April 4, 1996 City of Huntington City of Santa Ana Caltrans .. QUESTIONS Beach: Name: Quinn Name: Godwin Emuh Name: Bill Smith Moore Phone: (909) 383- Phone:536-5526 Phone: 565-4045 7534 1 Did contractor work well with your agency? Yes Yes Yes 2 Did they change personnel during the job? No Unknown No 3 Were there any problems with No No No subcontractors or suppliers (stop notices)? 4 Did general and subcontractors work Yes Unknown Yes consistently on the project? 5 Was the project completed on time? Yes Yes Yes 6 How was the quality of the work? Very Good Good Excellent 7 Would you hire this general contractor Yes Yes Definitely again? 8 Are the contractors' and subcontractors' Yes licensescurrent and verified with State Contractors License Bureau? 9 Are there any outstanding complaints lodged No against the contractor with the State Contractor's Licensing Board? 10 Comments: None Project Manager for Contractor is very this job passed away familiar with Caltrans requirements ERC:gd 0018047.01 [9J. zuz--] April 8,1997 CITY OF HUNTINGTON BEACH 2000 MAIN STREET Jim Perry DBX, Incorporated 42066 Avenida Alvarado, Suite C Temecula, California 92950 Dear Jim, CALIFORNIA 92648 Subject: Pacific Coast Highway @ Warner Avenue Traffic Signal; CC-1012 We would like to take this opportunity to thank you on behalf of the City of Huntington Beach for a job well done. It is rare that we get the pleasure of working with a contractor as professional and cooperative as you are. We have received numerous favorable comments from the other public agencies that were involved with this project, and in large part, it can be attributable to your fine crew and subcontractors working on this project. The City would not hesitate to give a favorable recommendation to any other agency that would call and inquire about your company. Very truly yours, Eric R. Charlonne Project Manager City of Huntington Beach ERC:gd cc: Jack Miller, Contract Administrator -Terri Elliott, Associate Traffic Engineer File CC-1012 "Correspondence" J c9zz--7- Joes D. Otterson Traffic Engineer City of Huntington Beach 0024695.01 RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: Traffic Signal Modifications at Magnolia St.Garfield Ave., Bushard St./Garfield Ave., and Brookhurst St./Garfield Ave.; CC-1031 AWARD COUNCIL MEETING DATE: June 16, 1997 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorne) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Attached Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS EXPLANATION FOR RETURN OF ITEM: RCA Author: T. Elliott , phone extension .x5580 RECEIYEI CITY CLERK CITY ( NUNTINGTOPI �FACH. 74LIF. Mrzr Z8 2 as N 191 L6, YJ ao of Avw `IlliONUN(IN ��✓i3�r AlO 03A1333)i COPY TO: SHEILA GENEIL CC-1031 May 28, 1997 2:00 P.M. Engineer's Estimate: $43,000 BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. Baxter -Griffin Co. $ 2. CT & F, Inc. $ 3. McCain Traffic Supply $ 4. Skip's Electric $ 5., i76X hvnc $ 57 4 "--2 . $ $ $ $ $ $ $ $ DocumenO NOTICE INVITING SEALED BIDS for CC-1031 Notice is hereby given that sealed bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall, 2000 Main Street, Huntington Beach, California, until the hour of 2:00 PM on Wednesday, May 28, 1997, at which time bids will be opened publicly and read aloud in the Council Chambers for the Traffic Signal Modifications at Magnolia Street/Garfield Avenue, Bushard Street/Garfield Avenue, and Brookhurst Street/Garfield Avenue Project; Cash Contract No. 1031, located in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting Friday, May 9, 1997, at City Hall, Department of Public Works upon receipt of a non-refundable fee of $25.00, if picked up or $35.00 if mailed, sales tax included. Each bid shall be made on the Proposal Form and in the manner provided in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California, the 5th of May, 1997. Connie Brockway, City Clerk Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 RMH:25280 (9) 06/05/97 - Council/Agency Agenda - Page 9 E-4. (.City Council) Traffic Signal Modifications - Located At Magnolia Street/Garfield Avenue - BushardStreet/Garfield Avenue And Brookhurst Streett-Garfield Avenue - CC-1031 - Plans And Specifications - Authorization To Advertise For Bids - Approval Of Sample Contract (600.55) - 1. Approve the Plans and Specifications for the Traffic Signal Modifications at the intersections of Magnolia Street/Garfield Avenue; Bu h r Street/Garfield Avenue; and Brookhurst Street/Garfield Avenue; (CC-1031) and authorize the Public Works Director to advertise the project; 2. approve the sample construction contract, subject to award of contract to Council approved lowest responsible/responsive bidder; and 3. approve the purchase of traffic signal poles, mast arms, luminaire mast arms, and other city supplied signal appurtenances for this construction project. Submitted by the Public Works Director [Approved 7-0] E-5. (City Council) Perpetual Flying Of The Flag Of The United States Of America And The POW/MIA Flag - At New Veterans Memorial At Civic Center (100.10) - Approve the perpetual flying of the Flag of the United States of America and the POW/MIA flag at the new Veterans' Memorial Civic Center site. Submitted by the City Administrator [Approved 7-01 E-6. (City Council) Receive And File - Big Independent Cities Excess Pool (BICEP) Financial Statements & Independent Auditor's Report (310.75) - Receive and file the Big Independent Cities Excess Pool (BICEP) Financial Statements and Supplementary Information With Independent Auditor's Report for the years ending June 30, 1996 and June 30, 1995. Submitted by the City Clerk (Report includes Independent Auditors Report, Balance Sheets, Statements of Revenue and Expenses, and Changes in Fund Balances, Statements of Cash Flows, Notes to Financial Statements, and Claims Development Information from inception to June 30, 1996.) [Approved 7-0] E-7. (City Council) City Council Support/Opposition To State Legislation - AB 247 (_Firearms,) - AB 915 (Liability Recreational Activities) - SB 11 (Local Law Enforcement Supplemental Funding) - AB 923 (Dissolution Of Redevelopment Agencies) (120.70) - To support Assembly Bill AB 247 (Scott) (Firearms); AB 915 (Baugh) (Liability Recreational Activities); Senate Bill SB 11 (Brulte) (Local Law Enforcement Supplemental Funding); and oppose AB 923 (McClintock) (Dissolution of Redevelopment Agencies). Submitted by the City Administrator [Support AB 247 -- 4-3 (Julien, Sullivan, Garofalo -- NO) Approved recommended action on remaining legislation 7-0] E-8. (City Council) Resolution No. 97-29 - Approves County Of Orange Plans & Specifications - Talbert Channel Improvements ---Between Atlanta And Indianapolis Avenues - (100 Year Flood Control Improvements) (550.20) - Adopt Resolution No. 97-29 - "A Resolution Of The City Council Of The City Of Huntington Beach Approving Plans And Specifications For The Construction Of Improvements To The Talbert Channel From Atlanta Avenue To Indianapolis Avenue By The Orange County Public Facilities And Resources Department And Funded By The Orange County Flood Control District. " Submitted by the Public Works_Director [Approved 7-0] (9) atr Council/Agency Meeting Held: 3 9-7 Deferred/Continued to:,,�,y ar'Approved ❑ Conditionally Approved ❑ Denied 600.55 Aep City CleWs Signature Council Meeting Date: May 5, 1997 Department ID Number: PW 97-029 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrato :�- PREPARED BY: �S M. JONES II, Director of Public Work SUBJECT: Traffic Signal Modifications at Magnolia Street/Garfield Avenue, Bushard Street/Garfield Avenue, and Brookhurst Street/Garfield Avenue; CC-1031 AUTHORIZATION TO ADVERTISE I Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) II Statement of Issue: Plans and specifications for the Traffic Signal Modifications at the intersections of Magnolia Street/Garfield Avenue, Bushard Street/Garfield Avenue, and Brookhurst Street/Garfield Avenue (CC-1031) are complete and City Council approval is required to advertise the project. Funding Source: Funds for the traffic signal installation project are a 100% Measure M, GMA grant, in account E-SF-PW-410-6-43-00. The engineer's probable construction cost estimate for the project is $80,000 and includes all associated project contingency costs. Recommended Action: 1. Approve the plans and specifications for the traffic signal modifications at the intersections of Magnolia Street/Garfield Avenue, Bushard Street/Garfield Avenue, and Brookhurst Street/Garfield Avenue (CC-1031) and authorize the Director of Public Works to advertise the project; 2. Approve the attached sample construction contract, subject to award of contract to Council approved lowest responsible bidder; and 3. Approve the purchase of traffic signal poles, mast arms, luminaire mast arms and other City - supplied signal appurtenances for this construction project. Alternative Action(s): 1. Approve plans and specifications but do not advertise to bid. 2. Do not approve the "sample contract" for the project. 3. Do not approve the advance purchase of the traffic signal poles, mast arms, luminaire mast arms and other City -supplied signal appurtenances. 4. Do not approve the plans and specifications and direct staff to prepare plans for an alternative design. REQUEST FOR ACTION MEETING DATE: May 5, 1997 DEPARTMENT ID NUMBER: PW 97-029 Analysis: The intersections to be improved by this project were included in the Growth Management Area 6 (GMA-6) capital improvements program in the 1995-96 fiscal year and were forwarded to the 1996-97 funding cycle. The GMA-6 cities are a regional association of agencies whose mission is to provide coordination of transportation improvements within their geographic region. The project activity within each of the eleven GMA regions is coordinated by the Orange County Transportation Authority (OCTA), and funding of projects is coordinated and approved by OCTA. This project is jointly sponsored by the Cities of Huntington Beach and Fountain Valley. The three intersections are on Garfield Avenue, a common border between the two cities. Each of the modifications addresses accident history and/or an increase in turning movement demand. The modifications indicated are designed to improve safety and intersection operational effectiveness. These three projects are not at the top of the City's priority list, but they meet the necessary warrants for the installation of left turn arrows. These modifications are desired by Huntington Beach and Fountain Valley and will be constructed at no cost to either city. The proposed work includes: 1. Modify the existing traffic signal at the intersection of Magnolia Street/Garfield Avenue to provide protected left turns from Garfield Avenue onto Magnolia Street and provide protected / permissive left turns from Magnolia Street onto Garfield Avenue. 2. Modify the existing traffic signal at the intersection of Bushard Street/Garfield Avenue to provide protected left turns from Garfield Avenue onto Bushard Street. 3. Modify the striping on Garfield Avenue at Brookhurst Street to provide sight distance for left turns. Staff will purchase the traffic signal poles and other signal appurtenances prior to the award of the contract because the delivery time is approximately 12 - 16 weeks from when the signal poles are ordered. Advance purchase of the poles will shorten the time required to complete the project by approximately four months. Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15301(c). 0025087.01 -2- 04/23/97 9:20 AM AUTHOR: HIDUSKYB REQUEST FOR ACTION MEETING DATE: May 5, 1997 DEPARTMENT ID NUMBER: PW 97-029 Attachment(sl: Project Location Map 2 Sample Contract 3 Special Provisions ,a MTU/LMJ/REE/JDO/ta 0 TAE:24933 0025087.01 -3- 04/23/97 9:20 AM AUTHOR: HIDUSKYB ATTACHMENT 1 0019517.01 PROJECT LOCATION MAP VICINITY MAP N.T.S. FILE NAME: VICMAP.DWG PROJECT LOCATION CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING �JJ "ff PROJECT LOCATION FIGURE CC-1031 A ATTACHMENT 2 0019517.01 SAMPLE CONTRACT Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TRAFFIC SIGNAL MODIFICATION ON GARFIELD AVENUE (CC 1031) THIS AGREEMENT, made and entered into this day of , 19 , by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY", and a 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 traffic signal modifications at the intersections of Magnolia Street and Garfield Avenue, Bushard Street at Garfield Avenue and Brookhurst Street at Garfield Avenue (CC 1031) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, 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 connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or SAMPLE discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; 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 1995 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 2 SAMPLE 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW'), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk -and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed _ Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion 3 SAMPLE within sixty (60) consecutive calendar days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not 4 SAMPLE 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 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 performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent 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 of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the 5 SAMPLE 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 and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of 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 herein, which 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 6 SAMPLE restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to 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 7 SAMPLE (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for 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. 8 SAMPLE 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 int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 9 SAMPLE 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 operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this obligation. 19. WORKERS COMPENSATION INSURANCE Pursuant to Califomia Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against Lability for workers compensation; CONTRACTOR covenants 10 SAMPLE that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers compensation insurance and CONSULTANT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance 11 SAMPLE coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONSULTANrs insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation." CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the 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. CONSULTANT 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 CONSULTANT's insurance policies, naming the CITY, its officers and employees as 12 SAMPLE Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 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. NOWASSIGNABILITY 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 13 SAMPLE any financial interest in this Agreement in violation of Califomia Govemment Code sections 1090 et seq. 26. STOP NOTICES' RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and attorney fees, costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and 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. 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. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. 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 U.S.C. Section 1324a regarding employment verification. 14 SAMPLE 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 Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. REST OF PAGE NOT USED 15 SAMPLE 32. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: By: print name ITS: (circle one) Chairman/President/Vice President "1D By: print name ITS: (arc% one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: IiCity Attorney q�� i INITIATED AND APPROVED: Director of Public Works 16 SAMPLE Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND .FOR TRAFFIC SIGNAL MODIFICATIONS ON GARFIELD AVENUE (CC 1031) TABLE OF CONTENTS Page No. 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGES/DELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NON -ASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ENTIRETY 16 17 SAMPLE ATTACHMENT 3 0019517.01 SPECIAL PROVISIONS CITY OF HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND STREET LIGHTING IN THE CITY OF HUNTINGTON BEACH 1995 EDITION Prepared Under the Supervision of - City Traffic Engineer, R.C.E. 38580, R.T.E. 1578 Aga �lBL9 S Robert E. Eichblatt, City Engineer, R.C.E. 20921 Date Page 2 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition STANDARD SPECIAL PROVISIONS FOR THE CONSTRUCTION OF TRAFFIC SIGNALS AND STREET LIGHTING M THE CITY OF HUNTINGTON BEACH 1995 EDITION Installation of new or modification of existing traffic signals, systems, street lighting, and Emergency Vehicle Pre-emption equipment shall conform to the provisions in Section 86, "Signals and Lighting" of the Standard Specifications, and the Standard Plans of the State of California, Department of Transportation dated July, 1992, applicable sections of the National Electrical Code, current City of Huntington Beach Standard Plans, the plans, and these special provisions. The City of Huntington Beach Traffic Engineer shall be the sole arbiter of the prevailing specification should a conflict 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. #13180 Page 3 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition The phrase "Or approved equal' shall mean City of Huntington Beach approved equal. 86-1.03 Equipment List and Drawings The following shall be added to §86-1.03: One (1) complete set of project plans and these special provisions shall be kept on the job at all times, to be used as record drawings. Throughout the duration of the contract work, it shall be the responsibility of the Contractor to maintain a currently updated record of all construction changes and variations from the contract drawings. Two (2) complete sets of "As -Built" 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. 86-2.01 Excavating and Backfilling The following shall be added to §86-2.01: 013180 .ON*- -MW. Page 4 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition Backfilling in roadway areas shall be with one (1) sack P.C.C. slurry to bottom of roadway surfacing material unless otherwise directed by the Engineer or shown on the plans. Backfill in all trenches and pull box sumps not in roadway areas shall be compacted to 90% Relative Compaction unless directed otherwise by the Engineer. 86-2.02 Removing and Replacing Improvements The second paragraph shall be amended to read as follows: Whenever a part of a square or slab of existing concrete sidewalk, curb, gutter, or driveway is broken or damaged, the sidewalk, curb, gutter, or driveway shall be removed completely from score line to score line. Sidewalk shall be replaced per the see City of Huntington Beach Standard Plan No. 217. Driveways shall be replaced at the direction of the Engineer. Portland Cement Concrete (P.C.C.) shall conform to §303-5 of the latest Standard Specifications for Public Works Construction (commonly referred to as the "Green Book"). Improvements shall be installed per the latest City of Huntington Beach Public Works Department Standard Plans. Signal and street lighting pole bases to be removed shall be replaced with one (1) sack P.C.C. slurry unless specified otherwise on the plans. 86-2.03 Foundations The following shall be added to §86-2.03: The contractor shall construct the cabinet foundations as shown on State Standard Plan ES4B for Type P cabinets and State Standard Plan ES-2E for Type III electrical service cabinets, including furnishing and installing anchor bolts (except that foundation shall extend 18" above grade and not as shown on the standard plans) and shall install the cabinets on said foundation, unless shown otherwise on the plans. A ground electrode (for radio interference suppression purposes only) shall be installed towards the front of the cabinet foundation and in the general vicinity of the cabinet door hinge. This electrode shall not be connected to any electrical circuit grounding conductor. 86-2.05 Conduit §86-2.05A Material The first paragraph shall be amended to read: All new buried conduit, except as noted on the plans, shall be Schedule 80 rigid non-metallic type conforming to UL Publication 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. #13180 Page 5 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition &86-2.05B Use The third paragraph, item number six, shall be amended to read: Not otherwise specified shall be 2-inch. 86-2.05C Installation The eleventh paragraph shall be amended to read: A No. 12 copper pull wire shall be installed in all conduits which are to receive future conductors. At least 2-feet of pull wire shall be doubled back into the conduit at each termination. The thirteenth paragraph shall be amended to read: Conduit shall be laid to a depth not less than 18 inches below or greater than 36 inches below grade in portland cement concrete sidewalk areas and curbed paved median areas, and not less than 30 inches below grade or greater than 48 inches below finished grade in all other areas, unless shown otherwise on the plans. The sixteenth paragraph shall be amended to read: The "Trenching in Pavement Method" is disallowed in the City of Huntington Beach unless previously authorized in writing by the Engineer for the individual installation location as shown on the plans. The following conduit installation methods shall be the approved installation methods unless noted otherwise on the plan: Conduit shall be installed using drilling or jacking methods, except in the following situations: 1. Conduit may be installed using mechanical trenching methods if the conduit is to be installed in a new street that has not been paved prior to conduit trenching. 2. Conduit may be installed via manual trenching methods in an existing paved street if. a. Jacking or drilling methods have been tried three times and subsurface conditions have prevented the successful installation of conduit. b. The inspector has determined that underground conditions or underground utilities make the use of jacking or drilling methods unsafe. If this condition is applied, manual trenching methods will be acceptable. No machine trenching method will be allowed, unless otherwise approved in writing by the engineer. 913180 Page 6 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition The twenty-seventh 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). 86-2.06 Pull Boxes 86-2.06A Materials The first paragraph shall be amended to read: All new pull boxes shall be plastic, except where noted otherwise on the plans. All new pull box extensions shall be plastic, except where noted otherwise on the plans. All new pull box lids shall be plastic, except where noted otherwise on the plans. Pull box lid bolt -down hardware shall be 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., or approved equal: Pull Box Size Pull Box (Christy Concrete Produlas, bc. Ca og No.) Pull Box.Li€d (Christy Concmte Producb,1W. catalog -so.) 3 1/2 FL9 FL91) 5 FL30 FL30D 6 FL36 FL36D TRAFFIC RATED PULL BOXES 3 1/2 B 1017 B 1017-61JH 5 B 1324 B 1324-61JH 6 B 1730 B 1730-51JH 86-2.06B Cover Markin, State Standard Plan ES-8, "Pull Box Details", Note 4-a.5 and b.10, shall not apply to this project. 86-2 06C Installation and Use The second paragraph shall be amended to read: #13180 Page 7 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition 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. 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 l' of any wheelchair ramp. 86-2.08_Conductors and Wiring The following shall be added to §86-2.08: 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 individual bicycle push button conductors shall be solid blue. 86-2,08D Signal Cable The following shall be added to §86-2.08D: The insulation color for bicycle push button conductors shall be identical to the corresponding pedestrian push button color as specified for Twenty-eight (28) Conductor Cable. 86-2.08E Signal Interconnect Cable The first sentence of the first paragraph shall be amended to read: #13180 ,,.► -AW%1 Page 8 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition Signal Interconnect Cable (SIC) shall consist of AWG No. 20 (minimum) stranded, tinned copper 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 and a minimum of three (3) feet of slack shall be provided at each pull box. The fourth paragraph shall be deleted from §86-2.08E. The following shall be added to §86-2.08E: The ends of the unused signal interconnect conductors in the cabinet shall be folded back and taped securely to the cable. 86-2.09 Wiring 86-2.09B Installation The following shall be added to §86-2.09B: Install from the controller cabinet, one twenty-eight (28) signal conductor cable to each corner main pole terminal compartment. The terminal compartment shall be mounted on the back side of the main pole with ten (10) foot clearance. From each main pole terminal compartment, one twelve (12) and one three (3) conductor cable shall be installed to each of the Type 1-A poles. 86-2.09C Connectors and Terminals The following shall be 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) conductors shall be made in the base of the standard or adjacent pull box. Splices in intersection safety Iigliting conductors shall be made in the terminal compartment. 013180 Page 9 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition Splices in street lighting conductors shall conform to §86-2.09E and Standard Plan ES-13. Splices shall be insulated by Method B for Hand-crafted Insulation. 86-2.10 Bonding and Grounding The second sentence of the seventh paragraph shall be amended to read: Ground electrodes shall be one piece, 10-foot length, 5/8-inch nominal diameter stainless steel and meet the requirements of the Code. 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 breaker for safety lighting (120V unmetered). 3. 20 amp breaker for internally illuminated street name sign (120V metered). 4. Safety lighting contactor and test switch. The eighth paragraph shall be amended to read: Service equipment enclosures shall be fabricated from steel or stainless steel and conform to the requirements of §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. 402, unless shown otherwise on the plans. Standard traffic signal installations will utilize the service pedestal for traffic signals as shown in City of Huntington Beach Standard Plan No. 402 unless shown otherwise on the plans. The eleventh paragraph shall be amended to read: For privately funded projects, the Contractor shall be responsible for applying for and arranging with the serving utility to complete service connections for both temporary and permanent installations, and the Contractor shall pay all costs and fees required by the utility. #13180 600 Page 10 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition The twelfth paragraph shall be amended to read: All costs of all 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. 86-2.14 Testing 86-2.14AMaterials 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. #13180 Page 11 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition 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. 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, unless the controller cabinet is supplied by the City. 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: 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 current Caltrans Qualified Products List shall be provided prior to controller unit assembly acceptance. 2. Antares, Inc. 170 to NEMA Adaptor, Model 1000000A (latest version), complete with D connector, wired complete to all pins, one each per Model 170E controller assembly supplied. #13180 A*O*- Aw^. Page 12 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition 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 vehicle detector connecting cables, conflict monitor and all appurtenant equipment (including load switches and detector amplifiers) necessary to operate as intended per the plans. The preferred manufacturers are Synchronex, Inc., Intersection Development Corporation (IDC), or Computer Service Company. 86-3.07A Cabinet Constriction The following shall be added to §86-3.07A: Cabinet shall be aluminum and painted white. A steel or aluminum 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. 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 "D" connector (Amp Connector No. 205842-1) furnished with all pins and configured as shown (Traconex 390): 413180 Page 13 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition CONN PIN 1/0 FUNCTION TERM 19 I SYSTEM ENABLE 141B 20 I DRvRVIING ENABLE 148A 37 I FLASH STATUS 150A 49 I EMERGENCY PREEMPT 1 135B 50 I EMERGENCY PREEMPT 2 136B 54 I LOGIC GND 141A 55 I EMERGENCY PREEMPT 3 137B 56 I EMERGENCY PREEMPT 4 138B 58 I CONFLICT STATUS 150B 60 I FLASH COMMAND 149A 63 I CHASSIS GND 147A 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 fiirnished with a Detector Systems, Inc. Model DS-217 or 3M Model No. M560 two position EVP equipment mounting rack, provided in the "flanges in" configuration. 86-3.08 Auxiliary Equipment 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, as shown on the plans. Discriminator modules shall be 3M Model No. 562. Optical detector si`_nal cable shall be 3M Model No. M-138, or approved equal. 913180 Page 14 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition 86-3.08C Monitoring Device The following shall be added to §86-3.08C: Conflict monitor shall be Eberle Designs, Inc. Model SSM-12LEPR. 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. 864 Vehicle Signal Faces and Signal Heads 864.01 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 fasteners, (except for signal door latches), shall have an anti -seize compound (No - Lox or approved equal) applied before installation. 864.01 A Optical Units The following shall be added to the first paragraph: Contractor shall supply and install all required light bulbs. Vehicle indication light bulbs shall be Duro Test, Maintenance Engineering or approved equal. 86-4.01B Signal Sections The following shall be added to §864.01B: All indications shall be 12 inch. 864.05 Pedestrian Signals The following shall be added to §864.05: #13180 Page 15 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition Pedestrian signals shall be McCain Traffic Supply Model PS303S or approved equal, with clamshell mounting and Z-crate type screen. The pedestrian signals shall be provided with tamper -resistant fasteners. All pedestrian signal housings shall be polycarbonate. All pedestrian signal screens shall be plastic. All exposed fasteners shall have an anti: -seize compound (No -Lox or approved equal) applied before installation. 864.06 Signal Mountin" Assemblies The following shall be added to §86-4.06: All exposed 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 86-5.01AQ) 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 91313 or Eberle Model Number LM301T, unless shown otherwise on the plans. 86-5.OlA 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 4- #18loop detector lead-in cable is specified on the plans, the loop detector lead-in cable shall be Canoga Controls Corporation 30003 polyethylene jacketed cable, with water blocking per Type B loop detector lead-in cable. #13180 Page 16 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition 86-5.OlA(5) Installation Details The following shall be added to §86-5.OIA(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, Hand-crafted Insulation for Detector Circuits. Heat - shrink tubing is disallowed. 86-5.02 Pedestrian Push Buttons The following shall be added to §86-5.02: Pedestrian push buttons shall be Standard Plan ES-5C, Type B. Push button assemblies shall have polycarbonate push button cover. 86-6.01 Luminaires Intersection safety lighting luminaires shall comply with §86-9 of these special provisions. The luminaires shall be the type specified for arterial streets. The output wattage of the intersection safety lighting luminaires shall be as shown on the plans. 86-6.065 Internally Illuminated Street Name Signs The fifth paragraph shall be amended to read: Signs shall be Type A. #13180 Page 17 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition §86-6.065 the following shall be added: A solid box superimposed upon the traffic signal mast arm symbol on the plans shall indicate that a complete Internally Illuminated Street Name Sign or Non -Illuminated Street Name Sign assembly shall be installed on that mastarm as shown on the pole and equipment schedule. The sign mounting hardware and location details shall be as shown in the City of Huntington Beach Standard Plan No. 404. The following specifications define requirements for Non -Illuminated Mast Arm Street Name Signs: Sign Message: Street Name Suffixes shall not be used. Letter size (8" upper case, 6" lower case, and 3" block numbers), style, spacing, arrows, logos and borders shall generally conform to the current State of California Department of Transportation (Caltrans) Traffic Manual, Table 4-4 and Table 4-7, and Sign 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. 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 comers of the sign panel shall be 3-inch radius. Five 0.375-inch diameter sign attachment holes shall be provided in each sign. The sign attachment holes shall be in the positions specified on City of Huntington Beach Standard Plan No. 404, with the W dimension of 13 inches. The mounting holes shall be 4-inches in -board of the outside vertical edge of the sign and generally conform to the positions shown on Standard Plan 404. The signs shall be attached to the mounting brackets with 0.375- inch diameter stainless steel bolts with two stainless steel cut flat washers and secured with stainless steel NylockTM nylon locking nuts. Two types of sign facing materials and application methods are acceptable. Method A: White ASTM D 4956-90, Type IV(or City -approved equal) prismatic sheeting 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 #13180 A-WA� -amk Page 18 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition Highway Blue. The translucent film shall be 3M Translucent Film or City - approved equal. Method B: Federal Highway Blue ASTM D 4956-90, Type IV(or City -approved equal) prismatic sheeting shall be applied to the entire sign panel face. The sign message and border shall consist of White ASTM D 4956-90, Type IV (or City -approved equal) prismatic sheeting applied to the Federal 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: 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. 1C1-17F6 (or approved equal). When the plans specify 70 Watt High Pressure Sodium Vapor (BPS) 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) When the plans specify 150 Watt High Pressure Sodium Vapor (BPS) Luminaires, one of the following luminaires types shall be installed: General Electric Catalog No. M2AC-15-S-0-H-1-G-MC3-1 (Multi -tap ballast) General Electric Catalog No. M2AC-15-S-7-H-1-G-MC3-1 (120/240 VAC ballast) These catalog numbers specify a luminaire with IES Type III distribution, full lighting cut-off, power door ballast assembly, 120/240 VAC or multi -tap lighting ballast, and bulb. #13180 Page 19 Huntington Beach Traffic Signal and Street Lighting Standard Special Provisions 1995 Edition 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. 1 C 1-28F6 (or approved equal). When the plans specify 250 Watt High Pressure Sodium Vapor (BPS) Luminaires, one of the following luminaires types shall be installed: General Electric Catalog No. M4AC-25-S-1-A 1-G-MC3-1-F (For Signals Only) General Electric Catalog No. M4AC-25-S-0-N-1-G-MC3-1 (Multi -tap ballast) When the plans specify 400 Watt High Pressure Sodium Vapor (BPS) Luminaires, one of the following luminaires types shall be installed: General Electric Catalog No. M4AC-40-S-1-A 1-G-MC3-1-F (For Signals Only) General Electric Catalog No. M4AC-40-S-0-N-1-G-MC3-1 (Multi -tap ballast) These catalog numbers specify a luminaire with IES Type III distribution, full lighting cut-off power door ballast assembly, 120/240 VAC or multi -tap lighting ballast, and bulb. The contractor shall install a number 3 pull box adjacent to the new street light pole base with one 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 shall have a fuse installed per the manufacturer's specifications. Street lighting systems installed on Pacific Coast Highway (State Route 1), Walnut Avenue between Sixth Street and First Street, and Pacific View Avenue between First Street and Beach Boulevard (State Route 39) shall require Ameron Catalog No. 1-C3-22-J8 or Ameron 1-C3- 2248D street light poles (as shown on the plans). Luminaires shall be 250 Watt BPS 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. 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. #13180 I have received Bid Bond No. 7012152 - CNA Insurance Companies - DBX Incorporated Re: CC-1031 Traffic Signal Modifications Magnolia Street/Garfield Avenue, Bushard Street/Garfield Avenue and Brookhurst Street/Garfield Avenue Action Agenda of June 16, 1997 and RCA Attached. Dated: By: CNA INSURANCE COMPANIES KNOW ALL MEN BY THESE PRESENTS: That we and CONTINENTAL CASUALTY COMPANY CITY OF HUNTINGTON BEACH in the sum of TEN PERCENT OF AMOUNT BID BOND# 7012152 PREMIUM -NIL DBX, INCORPORATED , Principal, Surety, are held and firmly bound unto , Obligee, Dollars ($ 10% ) for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for TRAFFIC SIGNAL MODIFICATIONS AT MAGNOLIA AT GARFIELD, BUSHARD AT GARFIELD AND BROOKHURST AT GARFIELD CASH CONTRACT NO. 1031 NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such. time as may be specified, enter into the contract in writing and give such bond or bonds as may *be specified in the bidding or contract 'documents with surety acceptable to Obligee; or if Principal. shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such faiure not exceeding 'the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. Signed, sealed -arid dated 5-27-97 t DBX, INCORPORATED (Seal) Principal BY: J jj CONTINENTAL CASUALTY COMPANY by,�i�C�r-B� G-23054-A Attorney -in -Fact DIANA LASKOWSKI CNA CAIMORNIA AIL-PUBPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 5-27-97 before me, KAREN CHANDLER - NOTARY PUBLIC personally appeared DIANA LASKOWSKI personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. C)� i\ Karen handl"41- COMMmUBLIC #1076369 JOTARy P C I ^^ � CALIFORNfA U/ o igntic aure of Notary PublComm. Exp. ORANGE COUNTY March n 27, 2000 -t OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACRED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT NUMEER OF PACES 1 DATE OF DOCUMENT 5-27-97 CAPACITY CLAndED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS RE PRESENTING: CONTINENTAL CASUALTY COMPANY NAME OF PERSON(S) OR ENTi'Y(S) 'Continental Casualty Company CHA Fdr All t M• Cone m it nw•nt. lbu Make, AN ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Illinois, and having its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute and appointDAVid I - Culbertson, Chuck L. Flake, Linda L. Culbertson, Diana Laskowski, iadividua!ly o", Anaheim California Its true and lawful Attorney -in -fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts - and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX —Execution of Documents Section 3. Appointment of Attorney -in -fact. The President or a Vice President may, from time to time, appoint by writtencertificates attorneys -in -fact to act in behalf of the Company in the excecution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney -in -fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April. 1957. "Resolved, that the signature of the President or Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 30th day of January 19_ 4L. J` USU,4, State of Illinois 1 cC-10R.. County of Cook ( ss i • r- SEAL' ? CONTINENTAL CASUALTY COMPANY J. E. Purtell Vice President. On this 30th day of January 19 91 , before me personally came J. E. Purtell, to me known, who, being by me duly sworn, did depose and say: that he resides in the Village of Glenview, State of Illinois: that he is a Vice -President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said Instrument is such corporate seal; that it was so affixed pursuant to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. oIt. C-oF 2 �4 J NOTARY N PUBLIC m Linda C. Dempsey tary Public. CERTIFICATE My Commission Expires Oct a 19, 1994 I, George R. Hobaugh, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 3 of Article IX of the By -Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this 27TH day of 'Y .19 97 CS !George R. Hobaugh Assistant Secretary Form 1.23142-B INV. NO. G-59200-B DBX INC 42066 AVENIDA ALVARADO SUITE C TEMEa)LA, CA 92590 LICENSE NO. 240547 C-10 & A "SEALED BID" FOR CONSTRUCTION OF: TRAFFIC SIGNAL MODIFICATIONS AT MAGNOLIA AT GARFIELD, BL)SHARD AT GARFIELD AND BROOKHURST AT GARFIELD: CASH CONTRACT NO. 1031 DO NO OPEN WITH REGL)LAR MAIL. BID DATE: MAY 28, 1997 @ 2:00 P.M. REtElvE£3 CITY CL EPK C17Y o1: $AT18 IO197 CITY OF HONTINGTON BEACH CITY CLERK'S OFFICE 2000 MAIN STREET, 2ND FLOOR HUNTINGTON BEACH, CA 92648 SECTION C PROPOSAL for the TRAFFIC SIGNAL MODIFICATIONS at MAGNOLIA AT GARFIELD, BUSHARD AT GARFIELD AND BROOKHURST AT GARFIELD CASH CONTRACT No. 1031 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 75 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 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 bid r9S b6rn the amount of $ 1 COO o 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: Add en . a : Q. a_ a.e eceive i e t na ure C-2 PROJECT BID SCHEDULE tem :. stimate ;: , : ": tem:wit unrt'prlee:: ':' . xten e No. (�uant� tY. written. in words ' LTriit Price`. Amount Signal Mod. at Magnolia/Garfield 1 1 Install City Furnished Poles & Appurtenances lump sum @ TWe4U 7thnl1 -1Y1j +Lt)Q Dollars .00 $ a C� $ o'D" i N- C'O% Cents Per lump sum 2 2 Install City Furnished Terminal Boxes per Plan each @ Che hLL,+�(lrrd Dollars $ 1 C)CJas � $ auo,_ 7_e K-(7 Cents Per each 3 20 Furnish & Install 3" Sch. 80 P.V.C. linear foot @ TL, Y`: v. 1 Dollars $ a CP) $ g o "4 _Z C.r-U Cents Per linear foot 4 1 lump sum Furnish & Install all Wire/Cable/EVPE Cable @ FA, C,1f)11nLLY Dollars $ _ $ r Cents Per lump sum 5 2 Install City Furnished Load Switches each @ -rt�n Dollars $ J QQP $ a(DC-1, CA- 2- ✓fl) Cents Per each 6 1 lump sum Furnish and Install Temporary Signal Wire @ (bt 1 r- Lh0Lf,1u1q4j - iWD h tf rXJ %` dpoItars � $ BOO c2ii $ Q00 -4 erO Cents _3 Per lump sum 7 1 Furnish and Install Ground Rod Complete lump sum @ -two h__(_.1L-nA_r cd Dollars $ aoc, $ QC ZX-1" 0 Cents Per lump sum 8 4 each Furnish and Install Detector Loops Dollars $ ou $ Cents Per each 9 1 Sandblast Existing Striping per Plan lump sum @ F1 �` �1U _k 1(�_Z E' f� Dollars 00 $ �j(�(_ r t l) $ x ._ "d ZCY"U Cents Per lump sum Signal Mod. at Bushard/Garfield 10 1 lump sum Install City Furnished Poles & Appurtenances @ -t , - ) i --and 4w b Dollars t� $J_, fib! 00 $ h-101Cired e�QKITA n7v 00/joaz nts Per hump sum C-1 s PROJECT BID SCHEDULE . .. ... Aded 0­ ........... Wri enin: . or Unit :i 11 I lump sum Relocate Cylink Antenna and RG8U Cable @ nre �_W Dollars $ ]5u- eb $ Cents Per lump sum 12 2 each Install City Furnished Terminal Boxes per Plan @ CnP— hAA,7�fd —Dollars $ $ I-R( -.a- 7IZZ-0 Cents Per each 13 1 Furnish & Install No. 6 Pull Box each @ CY)e hWAMA PLA Dollars $ Ise— $ v�? -7-it-4-6 —Cents Per each 14 20 Furnish & Install 3" Sch. 80 P.V.C. linear foot @ lu.Loi� Dollars $ 44C)Q �- z ey-u Cents Per linear foot 15 1 lump sum@ Furnish & Install all Wire/Cable/EVPE Cable (i ii St thov,)i qL>P- kUUVh'doIIars $6,S00 $B,MC 2-C.-C Cents Per lump sum 16 10 Install City Furnished Load Switches each @ Dollars $ locw Cents Per each 17 3 Install City Furnished Detector Amplifiers each @ T�� Dollars $.Icw $ a 4 Cents Per each 18 3 Install City Furnished Transfer Relays each @ Dollars $J $ Cents Per each 19 2 each Install City Furnished Opticom Phase Selectors @ Dollars $ Cents Per each 20 1 lump sum Furnish and Install Temporary Signal Wire @ F:6jrO10(_jbRnd h&)Q hkLn" Dollars CO $ a $ d_ Zry_o Cents Per hunp Sam C-2s 7/1997 14:09 714-374-1573 HB PUBLIC WORKS PAGE 04 ,.'ROJEGT BID SCHEDULE. item wi <nn, t price . writteiibvords. Unit Price xten a .. tem MAmorint.. No. stimate Quantity.' 21 1 Furnish and install Ground Rod Complete "rW d c3c� abb- lump sum @ Dollars S ac�c�_ S '� ZAP-1'C) Cents per lump sum 22 8 Furnish and Install Detector Loops Ll co each @` L!"02 _Dollars $ acit Z�Yi) Cents Per each Signal Mod. at Brookhurst/Gartield 23 4 Furnish and Install Detector Loops each @ —V\r-e-e k umnd= - Dollars S �Cw y Z i) Cents Per each 24 I Install City Furnished Cylink Antenna and Coaxial Cable � lump sum @ :aA.cn YJ Le r)IYPj r��, Dollars $ -k- 2.c4j;� Cents Per lug sum Total Amount Bid in Figures: $ a . ...........Total Amount. Bid. in..... :^ ...r�-. .. i,.7filn....Uz ..... J,...... Y .............. t d- C-3s P 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 and Address of Subcontractor ;State License Glass of -Work Numbsr . By submission of this proposal, the Bidder certifies: 1.: -That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange _ 4 being first duly sworn, deposes and says that he op -sloe is 1 P11 of �St�X Tn� 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. -V:5�X sY--) L Name of Bidder Si�.reBidder -14c) tp H0&-)%d0 o lyd and o --tfG Address of Bidder -TG- w" a) C/9 qaS G 0 Subscribed and sworn to before me this day of , 199 . PHVUMA G. SEAMAN COnvnbWon # 1097914 Notay Plt310 — Caromb CEWeNde Carty My Comm. EMku AW 11, MW NOTARY PUBLIC NOTARY SEAL C-4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the TRAFFIC SIGNAL MODIFICATIONS at MAGNOLIA AT GARFIELD, BUSHARD AT GARFIELD AND BROOKHURST AT GARFIELD, (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: S I a`7 Contractor By �; d e 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 woo 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 U" No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIk1CATE Pursuant to Section 1861 of the State Labor -Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: _s►a��Q� Contractor By cc S n 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: -�!t3x Contractor By Title Date: `� Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: TN)2�X .snc- Bidder Name qary-p[n pyeno" OIyctra.o -1--C Business Address Temea�ja aspC) City, State Zip POT) (orlk- Telet one Number ayCF&41 C-►o zA,)q State Contractor's License No. and Class la(QS Original Date Issued `713i1q-7 Expiration Date The work site was inspected by of our office on _1YD- , 1997_ The following are persons, firms, and corporations having a principal interest in this proposal: an c �. Perry� 2res it as 4 6-Qcl71-i5 v L'c.�e Pry;a e,{- C-9 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. `W)( Srl c_ Company Name Signature of Bidder .� m Per pfr-C,K, &'Q+ Printed or Typed Si ture Subscribed and sworn to before me this Q-1 day ofmakA, 19 PFMISSA G. SEAWN _ Comr *dm f 1097914 Nalay PJAc — Czft"O 0 111verwe County My Corn. Expkm w011, 2= NOTARY PUBLIC (?�Ca `(rjiyY?�-, WON Now NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. 2. 3. 1 I 1 `eJea-00O �iICLk 1 t? Name d Address of Pu Agency C49 cl 3C0U Name and Telephone No. of Project Manager: F-r 1 (2. C h Gtr Ion n -,e- -S14 3 U Contract Amount i)f-, 1-2" Name and Address of Public Agency D r4Ud FCa#� of Work -7 s Date Completed Name and Telephone No. of Project Manager: ID,"1 fnQ 2 Zo l ct qt- Contract Amount Type of Work Date Completed Nam and Address of Public Agency Name and Telephone No. of Project Manager: B(^i ci jl L' I J 1-7 ) q-7 Contract Amount Type of Work Date Completed C-10 ' J/1997 14:09 714-374-1573 HB PUBLIC WORKS PAGE 02 CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 California 92648 Les M. Jones II Director Public Works Department TRAFFIC SIGNAL MODIFICATIONS AT 17141 538-5431 MAGNOLIA/BUSHARD AND BROOKHURST STREETS AT GARFIELD AVENUE CASH CONTRACT NO. 1031 ADDENDUM NUMBER 1 May 19, 1997 Notice To All Bidders: The following corrections to the Contract Drawings shall be included in the bid documents: Sheet 2 of 4, Traffic Signal Plan, Magnolia Street at Garfield Avenue: 1. Construction Note No. 18, shall be modified to read: Existing Type P Controller Cabinet with Caltrans Model 170E Controller and NEMA to 170 Adaptor, to remain. Install City Furnished (2) load switches. (See Special Provisions)" 2. Contractor shall install City Furnished R73-7 sign on Poles 1 and 5. Cost shall be included in the Project Bid Schedule, Item No. 1. Sheet 3 of 4, Traffic Signal Plan, Bushard Street at Garfield Avenue: 1. Construction Note No. 18, shall be modified to read: Existing Type P Controller Cabinet with Caltrans Model 170E Controller and NEMA to 170 Adaptor, to remain. Install City Furnished (1) Opticom Phase Selector, (3) Detector Amplifiers, (10) Load Switches, and (3) Transfer Relays. (See Special Provisions)" Sheet 4 of 4, Traffic Signal Plan, Brookhurst Street at Garfield Avenue: 1. Add Construction No. 11,- - At pole location number 5, install City Furnished Cylink Antenna onto the mast arm and coaxial cable from pole number 5 to the controller cabinet, (Runs 8, 9, and 10). The following correction to the Contract Specifications shall be included in the bid documents: Project Bid Schedule, Sheet C-3s shall be removed and replaced with the enclosed Project Bid Schedule Sheet C-3s. All bidders are requested to acknowledge the receipt of this Addendum with your bid proposal. 27f1997 14:09 714-374-1573 HB PUBLIC WORKS PAGE 03 Traffic Signal Modifications CC-1031 Addendum No. 1 Page 2 Please be advised that the Engineer's Estimate for this project remains unchanged 'by this revision. Should you have any questions regarding this Addendum, please call me at (714) 536-5580. Sincerely, ames D. Otterson, P.E., P.L.S., T.E. Traffic Engineer J DO/TA Eltae Attachment This is to acknowledge receipt and review of Addendum Number 1, dated May 19, 1997. It is understood that this revision of the new document shall be included in the Bid Documents. Company Name ) Z�-i ) 0-7 Date #25559 16�� - L- \1�1 13y